[Federal Register Volume 62, Number 201 (Friday, October 17, 1997)]
[Proposed Rules]
[Pages 53996-53997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27624]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 901

[SPATS No. AL-067-FOR]


Alabama Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.

ACTION: Proposed Rule; Reopening and Extension of Public Comment Period 
on Proposed Amendment.

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SUMMARY: OSM is announcing receipt of revisions pertaining to a 
previously proposed amendment to the Alabama regulatory program 
(hereinafter referred to as the ``Alabama program'') under the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA). The revisions for 
Alabama's proposed rules pertain to Rule 880-X-5A-.22, Orders and 
Decisions; and Rules 880-X-10C-.40 and 880-X-10D-.36, Coal Mine Waste: 
Refuse Piles (Surface Mining Activities and Underground Mining 
Activities, respectively). The amendment is intended to provide 
additional safeguards, clarify ambiguities, and improve operational 
efficiency.

DATES: Written comments must be received by 4:00 p.m., c.d.t., November 
3, 1997.

ADDRESSES: Written comments should be mailed or hand delivered to 
Arthur W. Abbs, Director, Birmingham Field Office at the address listed 
below.
    Copies of the Alabama program, the proposed amendment, and all 
written comments received in response to this document will be 
available for public review at the addresses listed below during normal 
business hours, Monday through Friday, excluding holidays. Each 
requester may receive one free copy of the proposed amendment by 
contacting OSM's Birmingham Field Office.

Arthur W. Abbs, Director, Birmingham Field Office, Office of Surface 
Mining Reclamation and Enforcement, 135 Gemini Circle, Suite 215, 
Homewood, Alabama 35209, Telephone: (205) 290-7282.
Alabama Surface Mining Commission, 1811 Second Avenue, P.O. Box 2390, 
Jasper, Alabama 35502-2390, Telephone (205) 221-4130.

FOR FURTHER INFORMATION CONTACT: Arthur W. Abbs, Director, Birmingham 
Field Office, Telephone: (205) 290-7282.

SUPPLEMENTARY INFORMATION:

I. Background on the Alabama Program

    On May 20, 1982, the Secretary of the Interior conditionally 
approved the Alabama program. Background information on the Alabama 
program, including the Secretary's findings, the disposition of 
comments, and the conditions of approval can be found in the May 20, 
1982, Federal Register (47 FR 22062). Subsequent actions concerning the 
conditions of approval and program amendments can be found at 30 CFR 
901.15 and 901.16.

II. Discussion of the Proposed Amendment

    By letter dated March 28, 1997, (Administrative Record No. AL-
0562), Alabama submitted a proposed amendment to its program pursuant 
to SMCRA. Alabama submitted the proposed amendment at its own 
initiative. The provisions of the Alabama Surface Mining Commission 
Rules that Alabama proposes to amend are: Rule 88-X-5A-.22, Orders and 
Decisions; Rule 880-X6A-.06, License Application Requirements; Rule 
880-X-7B-.07, Procedures for Permit Application Review; Rule 880-X-
9E-.05, Determination of Forfeiture Amount; Rule 880-X-10C-.23, 
Hydrologic Balance: Surface and Ground Water Monitoring; Rule 880-X-
10C-.36, Disposal of Excess Spoil (Surface Mining Activities); Rule 
880-X-10C-.38, Coal Mine Waste: General Requirements (Surface Mining 
Activities); Rule 880-X-10C-.40, Coal Mine Waste: Refuse Piles (Surface 
Mining Activities); Rule 880-X-10D-.33, Disposal of Excess Spoil and 
Underground Development Waste (Underground Mining Activities); Rule 
880-X-10D-.34, Coal Mine Waste: General Requirements (Underground 
Mining Activities); and Rule 880-X-10D-.36, Coal Mine Waste: Refuse 
Piles (Underground Mining Activities).
    OSM announced receipt of the proposed amendment in the April 25, 
1997, Federal Register (62 FR 20138) and invited public comment on its 
adequacy. The public comment period ended May 27, 1997.
    During its review of the amendment, OSM identified concerns 
relating to Rule 880-X-5A-.22, Orders and Decisions; Rule 880-X-
10C-.40, Coal Mine Waste: Refuse Piles (Surface Mining Activities); and 
Rule 880-X-10D-.36, Coal Mine Waste: Refuse Piles (Underground Mining 
Activities). On June 16, 1997, OSM notified Alabama of the concerns by 
telephone and by fax (Administrative Record No. AL-0572). Alabama 
responded in a letter dated July 30, 1997, (Administrative Record No. 
AL-0572) by submitting a revision to the amendment and additional 
explanatory information.
    Alabama proposes revisions to Rule 880-X-5A-.22, Orders and 
Decisions; Rule 880-X-10C-.40, Coal Mine Waste: Refuse Piles (Surface 
Mining Activities); and Rule 880-X-10D-.36, Coal Mine Waste: Refuse 
Piles (Underground Mining Activities).
    Specifically, Alabama proposes at Rule 880-X-5A-.22, Orders and 
Decisions, to change from 60 days to 30 days the time in which the 
hearing officer must make a written decision after the close of any 
hearing. For Rule 880-X-10C-.40, Coal Mine Waste: Refuse Piles (Surface 
Mining Activities) and Rule 880-X-10D-.36, Coal Mine Waste: Refuse 
Piles (Underground Mining Activities), Alabama proposes to issue a 
policy statement clarifying that the phrase ``safety factor'' means 
``static safety factor.''

III. Public Comment Procedures

    OSM is reopening the comment period on the proposed Alabama program 
amendment to provide the public an opportunity to reconsider the 
adequacy of the proposed amendment in light of the additional materials 
submitted. In accordance with the provisions of 30 CFR 732.17(h), OSM 
is seeking comments on whether the proposed amendment satisfies the 
applicable program approval criteria of 30 CFR 732.15. If the amendment 
is deemed adequate, it will become part of the Alabama program.

Written Comments

    Written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under DATES or at locations other than the Birmingham Field Office will 
not necessarily be considered in the final rulemaking or included in 
the Administrative Record.

IV. Procedural Determinations

Executive Order 12866

    This proposed rule is exempted from review by the Office of 
Management and Budget (OMB) under Executive Order 12866 (Regulatory 
Planning and Review).

[[Page 53997]]

Executive Order 12988

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 (Civil Justice Reform) and has 
determined that, to the extent allowed by law, this rule meets the 
applicable standards of subsections (a) and (b) of that section. 
However, these standards are not applicable to the actual language of 
State regulatory programs and program amendments since each such 
program is drafted and promulgated by a specific State, not by OSM. 
Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and 30 
CFR 730.11, 732.15, and 732.17(h)(10), decisions on proposed State 
regulatory programs and program amendments submitted by the States must 
be based solely on a determination of whether the submittal is 
consistent with SMCRA and its implementing Federal regulations and 
whether the other requirements of 30 CFR Parts 730, 731, and 732 have 
been met.

National Environmental Policy Act

    No environmental impact statement is required for this rule since 
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency 
decisions on proposed State regulatory program provisions do not 
constitute major Federal actions within the meaning of section 
102(2)(C) of the National Environmental Policy Act (42 U.S.C. 
4332(2)(C)).

Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 
3507 et seq.).

Regulatory Flexibility Act

    The Department of the Interior has determined that this rule will 
not have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
The State submittal which is the subject of this rule is based upon 
counterpart Federal regulations for which an economic analysis was 
prepared and certification made that such regulations would not have a 
significant economic effect upon a substantial number of small 
entities. Accordingly, this rule will ensure that existing requirements 
previously promulgated by OSM will be implemented by the State. In 
making the determination as to whether this rule would have a 
significant economic impact, the Department relied upon the data and 
assumptions for the counterpart Federal regulations.

Unfunded Mandates

    OSM has determined and certifies pursuant to the Unfunded Mandates 
Reform Act (2 U.S.C. 1502 et seq.) that this rule will not impose a 
cost of $100 million or more in any given year on local, state, or 
tribal governments or private entities.

List of Subjects in 30 CFR Part 901

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: October 9, 1997.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 97-27624 Filed 10-16-97; 8:45 am]
BILLING CODE 4310-05-M