[Federal Register Volume 64, Number 34 (Monday, February 22, 1999)]
[Rules and Regulations]
[Pages 8510-8514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4241]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 902

[AK-007-FOR, Amendment No. VII]


Alaska Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is approving a proposed amendment to the Alaska regulatory program 
(hereinafter, the ``Alaska program'') under the Surface Mining Control 
and Reclamation Act of 1977 (SMCRA). Alaska proposed revisions to its 
regulations pertaining to general permitting requirements, general 
permit application information requirements, environmental resource 
information requirements, reclamation and operation plan requirements, 
permitting for special categories of mining, coal exploration, self-
bonding requirements, performance standards, and general provisions, 
and included numerous editorial and recodification changes. The 
amendment was intended to revise the Alaska program to provide 
additional safeguarded, to clarify ambiguities, and to improve 
operational efficiency.

EFFECTIVE DATE: February 22, 1999.

FOR FURTHER INFORMATION CONTACT: James F. Fulton, Telephone: (303) 844-
1424, Internet address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Alaska Program

    On March 23, 1983, the Secretary of the Interior conditionally 
approved the Alaska program. General background information on the 
Alaska program, including the Secretary's findings, the disposition of 
comments, and conditions of approval of the Alaska program can be found 
in the March 23, 1983, Federal Register (48 FR 12274). Subsequent 
actions concerning Alaska's program and program amendments can be found 
at 30 CFR 902.15 and 902.16.

II. Proposed Amendment

    By letter dated July 30, 1998, Alaska submitted a proposed 
amendment to its program (amendment No. VII, administrative record No. 
AK-07-01) pursuant to SMCRA (30 U.S.C. 1201 et seq.). Alaska submitted 
the proposed amendment at its own initiative. The provisions of the 
Alaska Surface Coal Mining Program Regulations that Alaska proposed to 
revise were: 11 Alaska Administrative Code (AAC) 90.002(a), (b), and 
(c), responsibilities, and 11 AAC 90.011(a)(1) and (2), permit fees, as 
provided in Article 2, General Permitting Requirements; 11 AAC 
90.025(a)(2), (b), and (c), authority to enter and ownership 
information, as provided in Article 3, General permit Application 
Information Requirements; 11 AAC 90.045(a)(1) and (2), geology 
description, and 11 AAC 90.049(a), (a)(1), (2), and (a)(2)(C) through 
(H), surface water information, as provided in Article 4, Environmental 
Resource Information Requirements; 11 AAC 90.083(b)(9) and (11), 
reclamation plan general requirements, and 11 AAC 90.097, 
transportation facilities, as provided in Article 5, Reclamation and 
Operation Plan; 11 AAC 90.149(d) and (d)(1), operations near alluvial 
valley floors, as provided in Article 7, Permitting for Special 
Categories of Mining; 11 AAC 90.163(a) and (d), exploration that 
substantially disturbs the natural land surface or occurs in an area 
designated unsuitable for surface coal mining, as provided in Article 
8, Exploration; 11 AAC 90.207(f), self-bonding requirements, as 
provided in Article 10, Bonding; 11 AAC 90.337(f), impoundment 
inspection, 11 AAC 90.375(f), public notice of blasting, 11 AAC 
90.391(h)(1) and (2) and (s), disposal of excess spoil and coal mine 
waste, 11 AAC 90.401(e), coal mine waste, refuse piles, 11 AAC 
90.407(e), coal mine waste, dams and embankments, 11 AAC 90.423(b) and 
(h), protection of fish and wildlife, 11 AAC 90.443(d)(1), (k), and 
(k)(1) and (2), backfilling and grading, and 11 AAC 90.491(e), (f), and 
(f)(1) and (2), construction and maintenance of roads, transportation 
and support facilities, and utility installations, as provided in 
Article 11, Performance Standards; and 11 AAC 90.901(e), applicability, 
11 AAC 90.907(c) and (j), public participation, and 11 AAC 90.911(92), 
definition of ``road,'' as provided in Article 17, General Provisions.
    Specifically, Alaska proposed numerous editorial and recodification 
changes for the purpose of clarity and in order to be consistent with 
the requirements of the State's ``Drafting Manual for Administrative 
Regulations'' (1995 edition). Alaska also proposed at 11 AAC 
90.049(a)(2)(G) to require that water quality data show acidity 
information if there is potential for acid drainage from the proposed 
mining operation, and at 11 AAC 90.207(f)(2) to apply certain 
provisions for self-bonding, including criteria that must be met by the 
self-bond guarantor.
    OSM announced receipt of the proposed amendment in the August 11, 
1998, Federal Register (63 FR 42774), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (administrative record No. AK-07-02). 
Because no one requested a public hearing or meeting, none was held. 
The public comment period ended on September 10, 1998.

III. Director's Findings

    As discussed below, the Director, in accordance with SMCRA and 30 
CFR 732.15 and 732.17, finds that the proposed program amendment 
submitted by Alaska on July 30, 1998, is no less effective than the 
corresponding Federal regulations. Accordingly, the Director approves 
the proposed amendment.

1. Nonsubstantive Revisions to Alaska's Surface Coal Mining Program 
Regulations

    Alaska proposed revisions to the following previously-approved 
provisions of the Alaska surface coal mining program regulations that 
are nonsubstantive in nature. These proposed revisions consist of 
recodification and/or wording changes made to reflect contemporary 
writing style and/or make the State's provisions clearer or more 
specific. The corresponding Federal regulation provisions are listed in 
parentheses.
    11 Alaska Administrative Code (AAC) 90.002(a), (b), and (c), 
responsibilities under general permitting requirements (30 CFR Part 772 
and 773.11);
    11 AAC 90.011 (1) and (2), permit fees (30 CFR 777.17);
    11 AAC 90.025(a)(2), (b), and (c), authority to enter and ownership 
information (30 CFR 778.13(h) and 778.15(a) and (b));
    11 AAC 90.045(a)(1) and (2), geology description (30 CFR 
780.22(b)(1));
    11 AAC 90.049(a)(1), (2), (2)(C), (D), (F), and (H), surface water 
information (30 CFR 780.21(b)(2) and 784.14(b)(2));

[[Page 8511]]

    11 AAC 90.083(b)(9) and (11), reclamation plan general requirements 
(30 CFR 780.18(b)(9), 780.29, 784.13(b)(9), and 784.29);
    11 AAC 90.097, transportation facilities (30 CFR 780.37(a), (a)(1), 
(3), and (5) and 784.24(a), (a)(1), (3), and (5));
    11 AAC 90.149(d) and (d)(1), operations near alluvial valley floors 
(30 CFR 785.19(d), (d)(2), and (2)(i));
    11 AAC 90.163(a) and (d), exploration that substantially disturbs 
the natural land surface or occurs in an area designated unsuitable for 
surface coal mining (30 CFR 772.12(a), (d)(2) and 772.13);
    11 AAC 90.207(f)(1), (1)(A), (A)(i) and (ii), (B), (B)(i), (ii), 
and (iii), (C) and (C)(i), self-bonding (30 CFR 800.23(b)(1) through 
(3));
    11 AAC 90.375(f), public notice of blasting (30 CFR 816.64(b)(1) 
and (2));
    11 AAC 90.391(h)(1) and (2), and (s), disposal of excess spoil and 
coal mine waste (30 CFR 816.71(g) and (i) and 817.71(g) and (i));
    11 AAC 90.401(e), coal mine waste, refuse piles (placement) (30 CFR 
816.83(c)(4) and 817.83(c)(4));
    11 AAC 90.407(e), coal mine waste, dams and embankments (impounding 
structures) (30 CFR 816.84(b)(2) and 817.84(b)(2));
    11 AAC 90.423(b) and (h), protection of fish and wildlife 
(endangered and threatened species, Fish and Wildlife Service Review) 
(30 CFR 816.97(b) and 817.97(b), and 780.16(c) and 784.21(c));
    11 AAC 90.443(d)(1), backfilling and grading (previously mined 
areas) (30 CFR 816.106(b)(1) and 817.106(b)(1));
    11 AAC 90.491(e) and (f), (f)(1), (2), and (2)(A) through (H), 
construction and maintenance of roads, transportation and support 
facilities, and utility installations (30 CFR 816.150(d) and (a)(2) and 
816.151(a), (b), (c)(1) and (2), (d)(1) through (4), and (e), and 
817.150(d) and (a)(2) and 816.151(a), (b), (c)(1) and (2), (d)(1) 
through (4), and (e));
    11 AAC 90.901(e), applicability (30 CFR 700.11(d)(1), (1)(ii), and 
(2));
    11 AAC 90.907(c) and (j), recodification, and public participation 
(availability of records) (30 CFR 840.14(c)(2) and (b)); and
    11 AAC 90.911(92), definition of ``road'' (30 CFR 701.5.
    Because the proposed revisions to these previously-approved 
regulations are nonsubstantive, the Director finds that these proposed 
Alaska regulations are consistent with the counterpart Federal 
regulations. The Director approves these proposed regulations.

2. Substantive Revisions to Alaska's Surface Coal Mining Program 
Regulations That Are Substantively Identical to the Corresponding 
Provisions of the Federal Regulations

    Alaska proposed revisions to the following regulations that are 
substantive and contain language that is substantively identical to the 
requirements of the corresponding Federal regulations (listed in 
parentheses):
    11 AAC 90.049(a)(2)(E) and (G), surface water information (30 CFR 
780.21(b)(2) and 784.14(b)(2)); and
    11 AAC 90.207(f)(4), (5), (5)(A), (B), (C), and (D), (6), (7), and 
(7)(A) and (B); self-bonding (30 CFR 800.23(d), (e)(1) through (4), 
(f), and (g)).
    Because these proposed Alaska regulations are substantively 
identical to the corresponding provisions of the Federal regulations, 
the Director finds that they are no less effective than the Federal 
regulations. Accordingly, the Director approves them.

3. 11 AAC 90.207(f)(2)(A) and (B), Self-bonding and the Written 
Guarantee From a Parent Corporation Guarantor of the Permittee

    Alaska proposed to revise its regulation at AAC 90.207(f)(2) which 
sets out the conditions under which the State may accept a written 
guarantee from a parent corporation guarantor of the permittee. Alaska 
proposed to add a condition for accepting a parent corporation 
guarantee that is not found in the Federal regulations. This additional 
proposed condition clarifies that the guarantor has a duty to notify 
the permittee if it no longer qualifies for self-bonding. Imposing this 
notification requirement on the guarantor supports and facilitates the 
regulatory requirement at AAC 90.207(f)(7) that requires the permittee 
to immediately notify the commissioner if the permittee or the 
guarantor no longer meets the qualifications for self-bonding.
    For this reason, the Director finds that proposed AAC 90.207(f)(2) 
is not inconsistent with conditions imposed on prospective guarantors 
in the counterpart Federal regulation at 30 CFR 800.23(c)(1). 
Therefore, the Director finds that proposed AAC 90.207(f)(2) is no less 
effective than the counterpart Federal regulation at 30 CFR 
800.23(c)(1) and approves it.

4. 11 AAC 90.207(f)(3)(A) and (B) and (f)(8)(A) Through (H), 
Definitions for the Term ``Self-bond'' and Other Financial Terms Used 
to Describe Self Bonds

    On September 17, 1996, OSM at 30 CFR 902.16(b)(1) (finding No. 6, 
61 FR 48835, 48837) required Alaska to revise 11 AAC 90.207(f)(3) to 
require the applicant for a self-bond that is guaranteed by a corporate 
guarantor to retain his or her own agent for service in Alaska and to 
further revise 11 AAC 90.207(f) to add definitions for the term ``self-
bond'' and other financial terms used to describe self bonds.
    In response to the required amendment, Alaska revised 11 AAC 
90.207(f)(3) by referencing as a condition for acceptance by the 
Commissioner of the Department of Natural Resources the requirement 
that the applicant for a self-bond that is guaranteed by a corporate 
guarantor retain an agent for service in Alaska. The proposed revision 
is consistent with the counterpart Federal regulation at 30 CFR 
800.23(c)(2), which provides the specific criteria for approval of a 
self-bond guaranteed by a corporate guarantor.
    In addition, Alaska proposed new regulations at 11 AAC 
90.207(f)(8)(A) through (H) that provide definitions of the terms 
``self-bond,'' ``current assets,'' ``current liabilities,'' ``fixed 
assets,'' ``liabilities,'' ``net worth,'' ``parent corporation,'' and 
``tangible net worth.'' The proposed definitions contain language that 
is substantively identical to the requirements of the corresponding 
Federal regulations at 30 CFR 800.5 and 800.23(a).
    For the above reasons, the Director finds that the proposed 
revisions at 11 AAC 90.207(f)(3) and (8) are no less effective than the 
counterpart Federal regulations. Accordingly, the Director approves the 
proposed revisions to this regulation.

5. 11 AAC 90.337(f), Impoundment Inspection

    Alaska proposed at 11 AAC 90.337(f) new language that requires, in 
addition to the formal inspections required under paragraphs (a) 
through (e) of section 11 AAC 90.337, that ``each impoundment'' must be 
examined at least ``once in each three-month period,'' that ``the 
examination must be made'' by a qualified person, and that ``the person 
making the examination required by this subsection shall examine the 
impoundment'' for any appearances of structural weakness ``and for'' 
other hazardous conditions.
    The Federal regulations at 30 CFR 816.49 (a)(12) and 817.49(a)(12) 
require, in pertinent part, that impoundments not meeting the SCS (Soil 
Conservation Service, now Natural Resources Conservation Service) class 
B or C criteria for dams in TR-60 (Technical Release No. 60, ``Earth 
Dams and Reservoirs,'' 210-VI-TR60, October

[[Page 8512]]

1985), or subject to 30 CFR 77.216-3, shall be examined at least 
quarterly. Alaska's proposed revision at 11 AAC 90.337(f) requires 
``each impoundment'' to be examined quarterly, whether or not the 
impoundment meets the established NRCS criteria, which results in a 
more stringent standard in Alaska's coal mining regulatory program than 
is provided for in the counterpart Federal regulations at 30 CFR 
816.49(a)(12) and 817.14(a)(12). 30 CFR 730.11(b) provides, in 
pertinent part, that any State law or regulation which provides for 
more stringent land use and environmental controls and regulations of 
coal exploration and surface coal mining and reclamation operations 
than do the provisions of SMCRA and Chapter VII of the implementing 
Federal regulations, shall not be construed to be inconsistent with 
SMCRA or Chapter VII. Therefore, the Director finds that 11 AAC 
90.337(f) is no less effective than the Federal regulations and 
approves the proposed revisions to Alaska's regulation.

6. 11 AAC 90.443(k), Backfilling and Grading

    Alaska proposed new language at 11 AAC 90.443(k) to provide that 
``the operator shall return all spoil to the mined-out area,'' and to 
provide that ``the requirements of this subsection [(k)] do not apply 
to (1) spoil disposed of in accordance with 11 AAC 90.391, and (2) 
spoil necessary to blend regraded areas into the surrounding terrain in 
non-steep slope areas if all vegetative and organic material is first 
removed from the areas that are to be covered.'' The counterpart 
Federal regulations at 30 CFR 816.102(b) and 817.102(b) provide that 
spoil, except excess spoil disposed of in accordance with 30 CFR 816.71 
through 816.74 and 817.71 and 817.74, respectively, shall be returned 
to the mined-out area. In addition, 30 CFR 186.102(d) and 187.102(d) 
provide that spoil may be placed on the area outside the mined-out area 
in nonsteep slope areas to restore the appropriate original contour by 
blending the spoil into the surrounding terrain if certain requirements 
are met including removal of all vegetative and organic material, 
removal, segregation, storage, and redistribution of topsoil, and 
backfilling and grading of the spoil in accordance with the 
requirements of 30 CFR 816.102 and 817.102.
    The Director, in finding No. 14 of the final rule Federal Register 
notice approving Alaska's amendment No. IV (see 61 FR 48835, 48839, 
48843, September 17, 1996), placed a required amendment on the Alaska 
program at 30 CFR 902.16(b)(7). In effect, the Director required Alaska 
to revise 11 AAC 90.443(k) to provide that the topsoil on the area 
outside the mined-out area in nonsteep slope areas shall be removed, 
segregated, stored and redistributed in accordance with the State's 
topsoil removal provisions and that the spoil be backfilled and graded 
on the area in accordance with the State's provisions concerning 
performance standards for backfilling and grading, or otherwise amend 
its program to ensure that the disposal of spoil provisions at 11 AAC 
90.443(k) are no less effective than the Federal regulations at 30 CFR 
816.102(d) and 817.102(d). The changes proposed by Alaska at 11 AAC 
90.443(k) in this amendment (amendment No. VII) do not address the 
Director's requirement. To the extent that Alaska is proposing 
editorial changes in this regulation to reflect contemporary writing 
style, to be consistent with the State's requirements for writing 
regulatory language, and to make the State's provisions clearer or more 
specific, the Director finds that 11 AAC 90.443(k) is consistent with 
the Federal regulations. The Director approves this revised regulation, 
but adds a reminder that the State must further amend this provision as 
required at 30 CFR 902.16(b)(7).

7. 11 AAC 90.491(f), Construction and Maintenance of Primary Roads

    In finding No. 1, the Director approved Alaska's proposed revisions 
at 11 AAC 90.491(f), (f)(1), (2), and (2)(A) through (H) because the 
changes were editorial and/or recodification. A separate finding for 11 
AAC 90.491(f) is provided in this final rule document because Alaska's 
regulation still lacks provisions similar to those provided by the 
Federal regulations at 30 CFR 816.151(d)(5) and (6) and 817.151(d)(5) 
and (6). These regulations require for primary roads (1) that natural 
stream channels shall not be altered or relocated without prior 
approval of the regulatory authority and (2) except as provided in 30 
CFR 816.151(c)(2), structures for perennial or intermittent stream 
channel crossings shall be made using bridges, culverts, low-water 
crossings, or other structures designed, constructed, and maintained 
using current, prudent engineering practices, and that the regulatory 
authority shall ensure that low-water crossings are designed, 
constructed, and maintained to prevent erosion of the structure or 
streambed and additional contributions of suspended solids to 
streamflow.
    The Director, in finding No. 15 of the final rule Federal Register 
notice approving Alaska's amendment No. IV (see 61 FR 48835, 48840, 
48843, September 17, 1996), placed a required amendment on the Alaska 
program at 30 CFR 902.16(b)(8). In effect, the Director required Alaska 
to revise 11 AAC 90.491(f) to add provisions concerning fords of 
perennial or intermittent streams, the alteration or relocation of 
natural stream channels, and structures for perennial or intermittent 
stream channel crossings that are no less effective than 30 CFR 
816.151(d)(5) and (6) and 817.151(d)(5) and (6). The Director is taking 
this opportunity to correct the required amendment at 30 CFR 
902.16(b)(8) to remove the requirement for language in Alaska's 
regulation at 11 AAC 90.491(f) concerning fords of perennial or 
intermittent streams because the State's regulation at 11 AAC 
90.491(f)(2)(C) does provide that the road ``may not use stream fords 
to cross perennial or intermittent streams unless the use of a stream 
ford has been approved by the commissioner for temporary use during 
road construction.'' This regulation is no less effective than the 
Federal counterpart regulations at 30 CFR 816.151(c)(2) and 
817.151(c)(2). The Director, however, reminds Alaska that, as codified 
by the corrected required program at 30 CFR 902.16(b)(8), it must 
further amend 11 AAC 90.491(f) to provide for natural stream channels 
alterations or relocations and structures for perennial or intermittent 
stream channel crossings that are no less effective than 30 CFR 
816.151(d)(5) and (6) and 817.151(d)(5).

IV. Summary and Disposition of Comments

    Following are summaries of all substantive written comments on the 
proposed amendment that were received by OSM, and OSM's responses to 
them.

1. Public Comments

    OSM invited public comments on the proposed amendment, but none 
were received.

2. Federal Agency Comments

    Pursuant to 30 CFR 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendment from various Federal agencies with an actual or 
potential interest in the Alaska program.
    The Bureau of Land Management, Alaska State Office (AK-BLM), 
responded in a memorandum dated August 20, 1998 (administrative record 
No. AK-07-05), that the changes proposed by Alaska were minor and 
amounted to restructuring sentences for the purpose of clarification, 
and that no changes to the regulatory meaning

[[Page 8513]]

appeared to have been instituted. BLM offered an editorial query 
concerning 11 AAC 90.207(f)(2) and the phrase ``not longer satisfied.''
    OSM agrees with BLM's editorial comment, and with this final rule 
document is notifying Alaska of the typographical error. The Director 
is approving the language at 11 AAC 90.207(f)(2) as provided in finding 
No. 2 above because the meaning of the requirement that the guarantor 
notify the permittee and the commissioner if its financial conditions 
change so that certain criteria are no longer met is not altered 
whether those criteria are ``not longer satisfied'' or ``no longer 
satisfied.''

3. Environmental Protection Agency (EPA) Concurrence and Comments

    Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to solicit 
the written concurrence of EPA with respect to those provisions of the 
proposed amendment that relate to air or water quality standards 
promulgated under the authority of the Clean Water Act (33 U.S.C. 1251 
et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).
    Pursuant to 30 CFR 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendment from EPA (administrative record No. AK-07-03). EPA 
did not respond to OSM's request.

4. State Historic Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP)

    Pursuant to 30 CFR 732.17(h)(4), OSM solicited comments on the 
proposed amendment from the SHPO and ACHP (administrative record No. 
AK-07-03). Neither SHPO nor ACHP responded to OSM's request.

V. Director's Decision

    Based on the above findings, the Director approves Alaska's 
proposed amendment as submitted on July 30, 1998.
    The Director approves, as discussed in:
    Finding No. 1, 11 AAA 90.002(a), (b), and (c), 11 AAC 90.011(1) and 
(2), 11 AAC 90.025(a)(2), (b), and (c), 11 AAC 90.045(a)(1) and (2), 11 
AAC 90.049(a)(1), (2) (2)(C), (D), (F), and (H), 11 AAC 90.083(b)(9) 
and (11), 11 AAC 90.097, 11 AAC 90.149(d) and (d)(1), 11 AAC 90.163(a) 
and (d), 11 AAC 90.207(f)(1), (1)(A), (A)(i) and (ii), (B), (B)(i), 
(ii), and (iii), (C) and (C)(i), 11 AAC 90.375(f), 11 AAC 90.391(h)(1) 
and (2) and (s), 11 AAC 90.401(e), 11 AAC 90.407(e), 11 AAC 90.423(b) 
and (h), 11 AAC 90.443(d)(1), 11 AAC 90.491(e) and (f), (f)(1), (2), 
and (2)(A) through (H), 11 AAC 90.901(e), 11 AAC 90.907(c) and (j), and 
11 AAC 90.911(92), concerning previously-approved provisions of the 
Alaska surface coal mining program regulations that contain revisions 
that are nonsubstantive in nature;
    Finding No. 2, 11 AAC 90.049(a)(2)(E) and (G), and 11 AAC 
90.207(f)(4), (5), (5)(A), (B), (C), and (D), (6), (7), and (7)(A) and 
(B), provisions of the Alaska surface coal mining program regulations 
that contain substantive revisions that are substantively identical to 
the requirements of the corresponding Federal regulations;
    Finding No. 3, 11 AAC 90.207(f)(2)(A) and (B), concerning self-
bonding and the written guarantee from a parent corporation guarantor 
of the permittee;
    Finding No. 4, 11 AAC 90.207(f)(3)(A) and (B) and (f)(8)(A) through 
(H), concerning definitions for the term ``self-bond'' and other 
financial terms used to describe self bonds;
    Finding No. 5, 11 AAC 90.337(f), concerning impoundment inspection;
    Finding No. 6, 11 AAC 90.443(k), concerning backfilling and 
grading; and
    Finding No. 7, 11 AAC 90.491(f), concerning construction and 
maintenance of primary roads.
    The Federal regulations at 30 CFR part 902, codifying decisions 
concerning the Alaska program, are being amended to implement this 
decision. This final rule is being made effective immediately to 
expedite the State program amendment process and to encourage States to 
bring their programs into conformity with the Federal standards without 
undue delay. Consistency of State and Federal standards is required by 
SMCRA.

VI. Procedural Determinations

1. 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).

2. 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 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 the Federal regulations at 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.

3. 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)).

4. 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.).

5. 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 that 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.

6. Unfunded Mandates

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 902

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: February 4, 1999.
James F. Fulton,
Acting Regional Director, Western Regional Coordinating Center.

    For the reasons set out in the preamble, Title 30, Chapter VII,

[[Page 8514]]

Subchapter T of the Code of Federal Regulations is amended as set forth 
below:

PART 902--ALASKA

    1. The authority citation for part 902 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    2. Section 902.15 is amended in the table by adding a new entry in 
chronological order by ``Date of Final Publication'' to read as 
follows:


Sec. 902.15  Approval of Alaska regulatory program amendments.

* * * * * *

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  Original amendment submission        Date of final
               date                     publication                        Citation/description
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*                  *                  *                  *                  *                  *
                                                        *
July 30, 1998....................  February 22, 1999...  11 AAC 90.002(a), (b), and (c), and 90.011(a)
                                                          concerning permitting requirements, 90.025(a), (b),
                                                          and (c) concerning permit application requirements;
                                                          90.045(a), 90.049(a), 90.083(b), and 90.097 concerning
                                                          environmental resource requirements; 90.149(d)
                                                          concerning alluvial valley floors; 90.163(a) and (d)
                                                          concerning exploration; 90.207(f) concerning self-
                                                          bonding; 90.337(f) concerning impoundment inspections;
                                                          90.375(f) concerning blasting; 90.391(h) and (s),
                                                          90.401(e), and 90.407(e) concerning coal mine waste;
                                                          90.423(b) and (h) concerning fish and wildlife;
                                                          90.443(d) and (k) concerning backfilling and grading;
                                                          90.491(e) and (f) concerning roads; 90.901(e)
                                                          concerning termination of jurisdiction; 90.907(c) and
                                                          (j) concerning public availability of information; and
                                                          90.911(92) concerning the definition of ``road.''
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    3. Section 902.16 is amended by revising paragraph (b)(8) to read 
as follows:


Sec. 902.16  Required program amendments.

* * * * *
    (b) * * *
    (8) At 11 AAC 90.491(f), require the addition of provisions 
concerning the alteration or relocation of natural stream channels, and 
structures for perennial or intermittent stream channel crossings that 
are no less effective than 30 CFR 816.151(d)(5) and (6) and 
817.151(d)(5) and (6).

[FR Doc. 99-4241 Filed 2-19-99; 8:45 am]
BILLING CODE 4310-05-M