[Federal Register Volume 63, Number 71 (Tuesday, April 14, 1998)]
[Proposed Rules]
[Pages 18172-18173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9770]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 924

[SPATS No. MS-014-FOR]


Mississippi Regulatory Program

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

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

-----------------------------------------------------------------------

SUMMARY: OSM is announcing receipt of a proposed amendment to the 
Mississippi regulatory program (hereafter the ``Mississippi program'') 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). 
The proposed amendment consists of revisions to the Mississippi Surface 
Coal Mining and Reclamation Law pertaining to the small operator 
assistance program, variances from performance standards, enforcement, 
and administrative and judicial review proceedings. The amendment is 
intended to revise the Mississippi program to be consistent with SMCRA.
    This document sets forth the times and locations that the 
Mississippi program and proposed amendment to that program are 
available for public inspection, the comment period during which 
interested persons may submit written comments on the proposed 
amendment, and the procedures that will be followed regarding the 
public hearings, if one is requested.

DATES: Written comments must be received by 4:00 p.m., c.d.t., May 14, 
1998. If requested, a public hearing on the proposed amendment will be 
held on May 11, 1998. Requests to speak at the hearing must be received 
by 4:00 p.m., c.d.t. on April 29, 1998.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Arthur W. Abbs, Director, Birmingham 
Field Office, at the address listed below.
    Copies of the Mississippi program, the proposed amendment, 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, 
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.
    Department of Environmental Quality, Office of Geology, 2380 
Highway 80 West, P.O. Box 20307, Jackson, Mississippi 39289-1307, 
Telephone: (601) 961-5500.

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

I. Background on the Mississippi Program

    On September 4, 1980, the Secretary of the Interior conditionally 
approved the Mississippi program. Background information on the 
Mississippi program, including the Secretary's findings, the 
disposition of comments, and the conditions of approval can be found in 
the September 4, 1980, Federal Register (45 FR 48520). Subsequent 
actions concerning the conditions of approval and program amendments 
can be found at 30 CFR 924.10, 924.12, and 924.16.

II. Description of the Proposed Amendment

    By letter dated March 26, 1998 (Administrative Record No. MS-0354), 
Mississippi submitted Senate Bill 3116 as a proposed amendment to its 
program pursuant to SMCRA. Mississippi submitted the proposed amendment 
in response to the required program amendments codified at 30 CFR 
924.16 (b), (c), and (d). The Mississippi Legislature amended the 
Mississippi Surface Coal Mining and Reclamation Law at section 53-9-26 
to clarify an applicant's eligibility for the small operator assistance 
program; section 53-9-45 to provide that specified variances for 
Reclamation performance standards apply to steep-slope mining; section 
53-9-69 to require that a notice of violation shall be issued when a 
violation which does not pose an immediate threat is detected and to 
authorize the assessment of costs and expenses to certain persons 
participating in a judicial review or an administrative review 
proceeding under certain circumstances; and section 53-9-77 to clarify 
that the availability of judicial review under this section shall not 
limit civil litigation rights. A discussion of the amendments to each 
section is presented below.
    1. Sec. 53-9-26, Small Operator Assistance Program. Mississippi 
proposes to change the word ``operation'' to the word ``operator'' in 
the phrase ``at all locations of a surface coal mining operation.''
    2. Sec. 53-9-45, Variances From Performance Standards. At section 
53-9-45(4)(b), Mississippi proposes to remove the reference to 
subsection (2) in the phrase ``a variance from the requirement to 
restore to approximate original contour set forth in subsection (2) or 
(3) of this section.''
    3. Sec. 53-9-69, Enforcement and Administrative and Judicial Review 
Proceedings
    a. At section 53-9-69(1)(c)(i), Mississippi proposes to change the 
word ``may'' to the word ``shall'' in the phrase ``the commission, 
executive director or the executive director's authorized 
representative may issue an order to the permittee or agent of the 
permittee.''
    b. Mississippi proposes to add the following new provision at 
sectopm 53-9-69(4):

    (4) When an order is issued under this section, or as a result 
of any administrative proceeding under this chapter, at the request 
of any person, a sum equal to the aggregate amount of all costs and 
expenses, including attorney's fees, as determined by the commission 
to have been reasonably incurred by that person for or in 
conjunction with that person's participation in the proceedings, 
including any judicial review of agency actions, may be assessed 
against either party as the court, resulting from judicial review, 
or the commission, resulting from administrative proceedings deems 
proper.

    4. Sec. 53-9-77, Formal Hearings. Mississippi proposes to add the 
following new provisions at section 53-9-77(5):

    (5) Except as provided in Section 53-9-67, the availability of 
judicial review under this section shall not limit any rights 
established under Section 53-9-67.

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 Mississippi program.

[[Page 18173]]

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.

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., 
c.d.t. on April 29, 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 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 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 924

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: April 6, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 98-9770 Filed 4-13-98; 8:45 am]
BILLING CODE 4310-05-M