[Federal Register Volume 63, Number 65 (Monday, April 6, 1998)]
[Proposed Rules]
[Pages 16719-16723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8893]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 913

[SPATS No. IL-094-FOR]


Ilinois Regulatory Program

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

ACTION: Proposed rule: public comment period and opportunity for public 
hearing.

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SUMMARY: OSM is announcing receipt of two proposed amendments to the 
Illinois regulatory program (hereinafter the ``Illinois program'') 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). 
This first proposed amendment consists of revisions to Illinois' 
statutes pertaining to definitions and areas unsuitable for surface 
coal mining operations. The second proposed amendment consists of 
revisions to Illinois' regulations pertaining to a definition for 
``previously mined areas'' areas unsuitable for surface coal mining 
operations, permitting, prime farmland, bonding, performance standards, 
and blasters certification. The amendments are intended to revise the 
Illinois program to be consistent with the corresponding Federal 
regulations and SMCRA, clarify existing regulations, and improve 
operational efficiency.
    This document sets forth the times and locations that the Illinois 
program and proposed amendments to that program are available for 
public inspection, the comment period during which interested persons 
submit written comments on the proposed amendments, and the procedures 
that will be followed regarding the public hearing, if one is 
requested.

DATES: Written comments must be received by 4:00 p.m., e.s.t., May 6, 
1998. If requested, a public hearing on the proposed amendments will be 
held on May 1, 1998. Requests to speak at the hearing must be received 
by 4:00 p.m., e.s.t. on April 21, 1998.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Andrew R. Gilmore, Director, 
Indianapolis Field Office, at the address listed below.
    Copies of the Illinois program, the proposed amendments, a listing 
of any scheduled public hearings, 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,

[[Page 16720]]

Monday through Friday, excluding holidays. Each requester may receive 
one free copy of the proposed amendments by contacting OSM's 
Indianapolis Field Office.

Andrew R. Gilmore, Director, Indianapolis Field Office, Office of 
Surface Mining Reclamation and Enforcement, Minton-Capehart Federal 
Building, 575 North Pennsylvania Street, Room 301, Indianapolis, IN 
46204, Telephone: (317) 226-6700.
Illinois Department of Natural Resources, Office of Mines and Minerals, 
524 South Second Street, Springfield, IL 62701-1787, Telephone: (217) 
782-4970.

FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Director, 
Indianapolis Field Office, Telephone: (317) 226-6700.

SUPPLEMENTARY INFORMATION:

I. Background on the Illinois Program

    On June 1, 1982, the Secretary of the Interior conditionally 
approved the Illinois program. Background information on the Illinois 
program, including the Secretary's findings, the disposition of 
comments, and the conditions of approval can be found in the June 1, 
1982, Federal Register (47 FR 23883). Subsequent actions concerning the 
conditions of approval and program amendments can be found at 30 CFR 
913.15, 913,16, and 913.17.

II. Description of the Proposed Amendment

    By letter dated March 28, 1996, Illinois notified OSM of revisions 
to the Illinois Surface Coal Mining Land Conservation and Reclamation 
Act that were enacted through House Bill (H.B.) 965 and signed into law 
by the Governor of Illinois on February 7, 1996. These revisions 
primarily address changes brought about by the July 1, 1995, 
reorganization and name change of the Illinois regulatory authority, 
which were approved by OSM on July 11, 1995 (60 FR 35696). Revisions 
were made to 225 ILCS 720/1.03, Definitions; 225 ILCS 720/7.03. 
Procedure for designation of areas unsuitable for mining operations; 
and 225 ILCS 720.7.04, Land Report. By letter dated February 26, 1998 
(Administrative Record No. IL-5009), Illinois submitted a proposed 
amendment to revise its regulations in response to letters dated 
January 6, 1997, and June 17, 1997 (Administrative Record Nos. IL-1951 
and IL-2000, respectively), that OSM sent to Illinois in accordance 
with 30 CFR 732.17(c) and in response to a required program amendment 
at 30 CFR 912.16(w). Illinois also amended its program to clarify 
existing regulations and to implement the statutory changes made by 
H.B. 965. Illinois proposes to amend its regulations at Title 62 of the 
Illinois Administrative Code (62 IAC). A brief discussion of the 
proposed amendments are presented below.
    A. Revision to the Illinois Surface Coal Mining Land Conservation 
and Reclamation Act (State Act). Illinois proposes the following 
changes to the State Act:
    1. 225 ILCS 720/1.03  Definitions. At Sec. 1.03(a)(4), the 
definition for the term ``Department'' was changed from the 
``Department of Mines and Minerals'' to the ``Department of Natural 
Resources.'' At Sec. 1.03(a)(8), the definition of the term 
``Department of Energy'' was removed.
    2. 225 ILCS 720/7.03  Procedure for Designation. At Sec. 7.03(b), 
the language ``refer it to the Department of Energy for preparation 
of'' was replaced by the word ``prepare.'' At Sec. 7.03(c), the 
language ``Department of Energy files a'' was replaced by the language 
''has been prepared by.''
    3. 225 ILCS 720/7.04  Land Report. At 7.04(a), each instance of the 
term ``Department of Energy'' was replaced by the term ``Department.'' 
The language ``and referred by the Department to the Department of 
Energy for a Land Report'' was removed from the end of the first 
sentence. The last sentence was revised to read: ``Each Land Report 
shall be completed not later than eight months after receipts of the 
petition.'' Section 7.04(c) was removed.
    B. Revisions to Illinois' Permanent Program Regulations. Illinois 
proposes the following revisions to its regulations:
    1. 62IAC 1701.5  Appendix A. Definitions. Illinois proposes to 
amend the definition of ``previously mined area'' by adding the phrase 
``that has not been reclaimed to the standards of 62 III. Adm. Code 
1700 to 1850'' after the date ``August 3, 1977.''
    2. 62 IAC Part 1761  Areas Designated by Act of Congress. At 
Sec. 1761.12(b)(1), Illinois proposes to remove the reference to 
Sec. 1761.11(f) or (g). At Sec. 761.12(c), Illinois proposes to replace 
the reference to ``Section 1761.11(d)(2)'' with a reference to 
``Section 1761.11(a)(4)(B).''
    3. 62 IAC Part 1764  State Processes for Designating Areas 
Unsuitable for Surface Coal Mining Operations. At Sec. 1764.13(a), the 
term ``Illinois Department of Mines and Minerals'' was replaced by the 
term ``Illinois Department of Natural Resources.'' The language in the 
first sentence of Sec. 1764.15(c)(1) was replaced by the language 
``After the petition is determined to be complete the Department shall 
prepare a Land Report.'' Section 1764.15(c)(2) was revised as follows:

    The Land Report shall state objectively the information which 
the Department has, but shall not contain a recommendation with 
respect to whether the petition should be granted or denied. Each 
Land Report shall be completed not later than eight (8) months after 
the petitioner has been notified the petition is complete under 
subsection (a)(1).

    At Sec. 1764.15(c)(3), the term ``Department of Energy and Natural 
Resources'' was replaced by the term ``Department'' and the term 
``Department'' was replaced by the term ``Land Reclamation Division.''
    4. 62 IAC Part 1773, Requirements for Permits and Permit 
Processing. At Sec. 1773.11(a), the term ``Illinois Department of Mines 
and Minerals'' was replaced by the term ``Illinois Department of 
Natural Resources.'' At Sec. 1773.15(c)(11), references to 62 Ill. Adm. 
Code 1816.11(a)(2)(B) and 1816.117(a)(2)(B) were added.
    5. 62 IAC Part 1774, Revision; Renewal; and Transfer, Assignment, 
or Sale of Permit Rights. At Sec. 1774.11(a), the term ``Illinois 
Department of Mines and Minerals'' was replaced by the term ``Illinois 
Department of Natural Resources.'' At Sec. 1774.13(b)(3), the reference 
to ``1773.19(b) (1) and (3)'' was replaced by a reference to 
``1773.19(b).''
    6. 62 IAC 1778.14, Violation Information. Illinois proposes to 
replace its existing introductory language at Sec. 1778.14(c) with the 
following language:

    A list of all violation notices received by the applicant during 
the three-year period preceding the application date, and a list of 
all outstanding violation notices received prior to the date of the 
application by any surface coal mining operation that is deemed or 
presumed to be owned or controlled by either the applicant or any 
person who is deemed or presumed to own or control the applicant 
under the definition of ``owned or controlled'' and ``owns or 
controls'' in 62 Ill. Adm. Code 1843.12 or under a Federal or State 
program for which the abatement period has not expired, the 
applicant shall certify that such notice of violation is in the 
process of being corrected to the satisfaction of the agency with 
jurisdiction over the violation. For each violation notice reported, 
the list shall include the following information as applicable:

    7. 62 IAC 1785.17, Prime Farmlands. Illinois proposes to add the 
following new provision at Sec. 1785.17(e)(5):

    The aggregate total prime farmland acreage shall not be 
decreased from that which existed prior to mining. Water bodies, if 
any, to be constructed during mining and reclamation must be located 
within the post-reclamation non-prime farmland portions of

[[Page 16721]]

the permit area. The creation of any such water bodies must be 
approved by the Department and the consent of all affected property 
owners within the permit area must be obtained.

    8. 62 IAC Part 800, Bonding and Insurance Requirements. At 
Sec. 1800.4(a), the term ``Office of Mines and Minerals'' was replaced 
by the term ``Office of Natural Resources.'' At Sec. 1800.40(b)(2), the 
language ``serve, by certified mail'' was replaced by the language 
``notify in writing.''
    9. 62 IAC Part 816, Permanent Performance Standards for Surface 
Mining Activities and 62 IAC Part 817, Permanent Program Performance 
Standards for Underground Mining Operations. At Secs. 1816.46(a)(3) and 
1817.46(a)(3), Illinois proposes to revise its definition of ``other 
treatment facilities'' by adding the language ``or to comply with all 
applicable state and federal water quality laws and regulations.'' At 
Secs. 1816.49(a)(3)(B) and 1817.49(a)(3)(B), concerning impoundments, 
Illinois proposes to replace the term ``U.S. Soil Conservation 
Service'' with the term ``U.S. Natural Resources Conservation 
Service.'' Illinois proposes to revise Sec. 1817.61(a), concerning use 
of explosives, by adding the language ``that are within 50 vertical 
feet of the original ground surface'' to the end of the existing 
provision. At Sec. 1817.62(d), concerning pre-blasting surveys, 
Illinois replaced the language ``published scheduled beginning'' with 
the language ``planned initiation.''
    Illinois proposes to add the following sentence to the end of 
Sec. 1816.64(b), concerning public notice of blasting schedule: 
``Unscheduled blasting does not include nighttime blasting, which is 
prohibited at all times.'' At Sec. 1816.649(c)(1), Illinois proposes to 
require publication of a blasting schedule at least ten days, but not 
more than 30 days, before beginning a blasting program in which blasts 
that use more than five pounds of explosive or blasting agent are 
detonated. At Sec. 1816.64(c)(3), Illinois proposes to require that 
blasting schedules be revised and republished at least 10 days, but not 
more than 30 days, before blasting in areas not covered in the current 
schedule or if the actual blasting times differ from the time periods 
listed in the current schedule for more than 20 percent of the blasts 
fired. Section 1816.64(d) was revised by changing the subsection 
introductory sentence to ``The blasting schedule shall contain at a 
minimum''; removing existing paragraphs (1) and (2); and redesignating 
paragraphs (2)(A) through (2)(E) as paragraphs (1) through (5).
    At Sec. 1817.66, concerning blasting signs, warnings, and access 
control, the language ``blasting schedule'' was replaced by the 
language ``blasting notification required in Sec. 1817.64.'' At 
Secs. 1816.66(d)(2) and 1817.66(d)(2), concerning blasting 
prohibitions, the language ``unless a waiver is obtained from the owner 
of the facility and submitted to the Department prior to blasting 
within one hundred (100) feet'' was added at the end of the provision.
    At Sec. 1816.67(c)(1), concerning air blast monitoring, Illinois 
proposes to replace paragraphs (1)(A) and (1)(B) with the following 
language:

the burden to hole depth ratio is greater than 1.0, or the top 
stemming height is less than seventy percent (70%) of the burden 
dimension, the air blast produced by that blast shall be measured, 
recorded, analyzed, and reported pursuant to subsection (g) and 
Section 1816.68(b). This subsection shall not apply to horizontal 
blast holes drilled from the floor of the pit.

    At Sec. 1817.67(c)(1), concerning air blast monitoring, Illinois 
proposes to replace paragraphs (1)(A) and (1)(B) with the following 
language:

the burden to hole depth ratio is greater than 1.0, or the top 
stemming height is less than seventy percent (70%) of the burden 
dimension, the air blast produced by that blast shall be measured, 
recorded, analyzed, and reported pursuant to subsection (g) and 
Section 1817.68(b).

    At Secs. 1816.67 and 1817.67, concerning ground vibrations, 
Illinois proposes to number the existing provision in subsection (e) as 
subsection (e)(1); redesignate subsection (f) as subsection (e)(2); 
redesignate subsections (f)(1) and (f)(2) as subsections (e)(2)(A) and 
(e)(2)(B); and redesignate existing paragraphs (g) and (h) as 
paragraphs (f) and (g). Redesignated subsection (e)(2) was revised to 
read as follows:

    Blasting shall be conducted to prevent adverse impacts on any 
underground mine and changes in the course, channel, or availability 
of ground or surface water outside the permit area. Ground vibration 
limits, including the maximum peak particle velocity limitation of 
subsection (e)(1) shall not apply at the following locations:

    At the end of Secs. 1816.83(c)(4) and 1817.83(c)(4), concerning 
coal mine waste refuse piles, Illinois proposes to add the following 
new provision:

    The Department shall require the addition of neutralization 
material to be added to the coal mine waste if, based on physical 
and chemical analyses, this material is needed to prevent acid mine 
drainage. This subsection is also applicable to the reclamation of 
fine coal waste (slurry) not meeting the definition of refuse piles.

    At 1817.116(a)(1), concerning success of revegetation, a reference 
to ``Section 1817.116'' was added. At Secs. 1816.116(a)(2)(C) and 
1817.116(a)(2)(C), concerning success of revegetation, the address for 
the Department's Springfield office was changed to ``524 S. Second 
Street, Springfield, Illinois 62701-1787.'' At Secs. 1816.116(a)(2)(F) 
and 1817.116(a)(2)(F), concerning augmentation, subsections 
(a)(2)(F)(i) were removed. At Sec. 1817.116(a)(3)(E), concerning 
productivity success, the language ``Production for proof of 
productivity purposes shall also be determined in accordance with 
Section 1817.117(a)(2)'' was removed. At Secs. 1816.116(a)(5)(A) and 
1817.117(a)(5)(A), concerning wetland revegetation, the address for the 
Department's office was changed to ``524 S. Second Street, Springfield, 
Illinois 62701-1787.'' Sections 1816.117(c)(3) and 1817.117(c)(3), 
concerning tree and shrub vegetation, were revised to read as follows:

    The number of plots needed to sample the area will not exceed 
200 for areas of 50 acres or more. The number of plots needed to 
sample areas less than 50 acres in size will be calculated employing 
the following formula: Number of Plots equals 2.5 percent multiplied 
by Sample Area in acres divided by plot size.

    10. 62 IAC Part 1823, Prime Farmland. At Sec. 1823.1, Illinois 
proposes to remove the language ``except this Part does not apply to 
any underground mining operations or activities, nor, except as 
expressly indicated or required by the Department in a permit, to the 
surface facilities and activities of surface mining that do not involve 
drilling, blasting, or mining.'' The title to Sec. 1823.11 was revised 
to read: ``Prime Farmland: Applicability.'' Illinois proposes to revise 
Sec. 1823.11 to read as follows:

    The requirements of this section shall not apply to:
    (a) Coal preparation plants, support facilities, and roads of 
underground mines that are actively used over extended periods of 
time and where uses affect minimal amount of land. Such uses shall 
meet the requirements of 62 Ill. Adm. Code 1817 for underground 
mining activities.
    (b) Disposal areas containing coal mine waste resulting from 
underground mines that is not technologically and economically 
feasible to store in underground mines or on non-prime farmland. The 
operator shall minimize the area of prime farmland used for such 
purposes.
    (c) Prime farmland that has been excluded in accordance with 62 
Ill. Adm. Code 1785.17(a).
    Section 1823.12(c), concerning soil removal, was added to read as 
follows:


[[Page 16722]]


    The B and/or C horizons may be left in place for surface 
disturbance areas if the Department determines the soil capability 
can be retained.
    Section 1823.14(g), concerning soil replacement, was revised by 
replacing the term ``Soil conservation Service'' with the term 
``Natural Resources Conservation Service.''
    11. 62 IAC 1825.11, High Capability Lands: Special Requirements. At 
Sec. 1825.11(b), the term ``Illinois Department of Mines and Minerals'' 
was replaced by the term ``Illinois Department of Natural Resources.'' 
At Sec. 1825.11(c), the following new requirement was added: 
``Measurement of success of revegation shall be initiated within ten 
(10) years after completion of backfilling and final grading on high 
capability land.''
    12. 62 IAC Part 1840, Department Inspections. At Sec. 1840.1, the 
term ``Illinois Department of Mines and Minerals'' was replaced by the 
term ``Illinois Department of Natural Resources.'' Illinois proposes to 
revise Sec. 1840.11(a) by requiring the Department to conduct an 
average of at least one partial inspection per month of each active 
surface coal mining and reclamation operation. Illinois proposes to 
revise Sec. 1840.11(b) by requiring the Department to conduct an 
average of at least one complete inspection per calendar quarter of 
each active or inactive surface coal mining and reclamation operation.
    13. 62 IAC Part 1847, Administrative and Judicial Review. At 
Sec. 1847.3(g), permit hearings, Illinois proposes to replace its 
existing burden of proof provision with the following provision:

    (1) In a proceeding to review a decision on an application for a 
new permit--
    (A) If the permit applicant is seeking review, the Department 
shall have the burden of going forward to establish a prima facie 
case as to the failure to comply with the application requirements 
of the State Act or regulations or as to appropriateness of the 
permit terms and conditions, and the permit applicant shall have the 
ultimate burden of persuasion as to entitlement to the permit or as 
to the inappropriateness of the permit terms and conditions.
    (B) If any other person is seeking review, that person shall 
have the burden of going forward to establish a prima facie case and 
the ultimate burden of persuasion by a preponderance of the evidence 
that the permit application fails in some manner to comply with the 
applicable requirements of the State Act or regulations.
    (2) In all other proceedings held under this Section, the party 
seeking to reverse the Department's decision shall have the burden 
of proving that the Department's decision was clearly erroneous.

    At Sec. 1847.9(j), bond release hearings, Illinois is proposing to 
allow each party to the hearing to file written exceptions with the 
hearing officer within ten days after service of the hearing officer's 
proposed decision. All parties shall have ten days after service of 
written exceptions to file a response with the hearing officer.
    Illinois is proposing to revise Sec. 1847.9(k), bond release 
hearings, as follows:

    If no written exceptions are filed, the hearing officer's 
proposed decision shall become final ten (10) days after service of 
such decision. If written exceptions are filed, the hearing officer 
shall within fifteen (15) days following the time for filing a 
response thereto either issue his final administrative decision 
affirming or modifying his proposed decision, or shall vacate the 
decision and remand the proceeding for rehearing.

    At Sec. 1847.9(1), bond release hearings, the citation ``Ill. Rev. 
Stat. 1991, ch. 110, pars. 3-101 through 3-112'' was replaced by the 
citation ``735 ILCS \5/3\.''
    14. 62 IAC Part 1850, Training, Examination and Certification of 
Blasters. At Sec. 1850.13(a), training, Illinois proposes to allow the 
Department, the operator or his representative to conduct blasters 
training. Sections 1850.14(a) and (b), concerning examination of 
blasters, were revised to read as follows:

    (a) Written examination for blaster certification shall be 
administered on dates, times, and at locations announced by the 
Department via direct communication with operators and individuals 
who request in writing to be so notified. All persons scheduled for 
a regular examination session will be so notified at least one (1) 
week prior to the scheduled exam date.
    (b) Reexaminations shall be scheduled, if needed, for those 
persons who do not pass the regularly scheduled examination. The 
Department shall also allow for examination at this time those 
persons who have newly applied for certification. All persons 
scheduled for examination or reexamination during the reexamination 
session will be so notified at least one (1) week prior to the 
scheduled reexamination session.

    Section 1850.15(a), concerning application and certification, 
was revised to read as follows:

    Each applicant shall submit a completed application for 
certification on forms supplied by the Department. Any applicant 
whose completed application has been received, reviewed and accepted 
by the Department prior to a regularly scheduled examination session 
shall be scheduled for that session. The following documents shall 
be included with the completed application form:

    At Sec. 1850.16(b)(2), concerning denial, issuance of notice of 
infraction, suspension, revocation, and other administrative actions, a 
typographical error was corrected by changing the word ``requirements'' 
to the word ``requirement.''

III. Public Comment Procedures

    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 Illinois 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 Indianapolis Field Office 
will not necessarily be considered in the final rulemaking or included 
in the Administrative Record.

Public Hearing

    Persons wishing to speak at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., 
e.s.t. on April 21, 1998. The location and time of the hearing will be 
arranged with those persons requesting the hearing. Any disabled 
individual who has need for a special accommodation to attend a public 
hearing should contact the individual listed under FOR FURTHER 
INFORMATION CONTACT. If no one requests an opportunity to speak at the 
public hearing, the hearing will not be held.
    Filing of a written statement at the time of the hearing is 
requested as it will greatly assist the transcriber. Submission of 
written statements in advance of the hearing will allow OSM officials 
to prepare adequate responses and appropriate questions. The public 
hearing will continue on the specified date until all persons scheduled 
to speak have been heard. Persons in the audience who have not been 
scheduled to speak, and who wish to do so, will be heard following 
those who have been scheduled. The hearing will end after all persons 
scheduled to speak and persons present in the audience who wish to 
speak have been heard.

Public Meeting

    If only one person requests an opportunity to speak at a hearing, a 
public meeting, rather than a public hearing, may be held. Persons 
wishing to meet with OSM representatives to discuss the proposed 
amendment may request a meeting by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT. All such meetings

[[Page 16723]]

will be open to the public and, if possible, notices of meetings will 
be posted at the locations listed under ADDRESSES. A written summary of 
each meeting will be made a part of the Administrative Record.

IV. Procedural Determinations

Executive Order 12866

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

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 the 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 913

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 27, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 98-8893 Filed 4-3-98; 8:45 am]
BILLING CODE 4310-05-M