[Federal Register Volume 64, Number 199 (Friday, October 15, 1999)]
[Proposed Rules]
[Pages 55878-55879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27002]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 901

[SPATS No. AL-070-FOR]


Alabama Regulatory Program

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

ACTION: Proposed rule; reopening and extension of public comment period 
on proposed amendment.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is reopening and extending the public comment period for the proposed 
rule published on September 7, 1999 (64 FR 48573). The comment period 
originally closed October 7, 1999. We are reopening and extending the 
comment period because the citizens of Alabama have shown a high level 
of interest in the revisions proposed by Alabama.

DATES: We will accept written comments until 4:00 p.m., c.s.t., 
November 1, 1999.

ADDRESSES: You should mail or hand deliver written comments to Arthur 
W. Abbs, Director, Birmingham Field Office at the address listed below.
    You may review copies of the Alabama program, the amendment, and 
all written comments received in response to this document at the 
addresses listed below during normal business hours, Monday through 
Friday, excluding holidays. You may receive one free copy of the 
amendment by contacting OSM's Birmingham Field Office.
    Arthur W. Abbs, Director, Birmingham Field Office, Office of 
Surface Mining, 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. Internet: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Alabama Program

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

II. Discussion of the Proposed Amendment

    Due to the high level of interest in this amendment, we are 
reopening and extending the public comment period for the proposed rule 
published on September 7, 1999 (64 FR 48573). In this amendment, 
Alabama proposed revisions to statutes concerning the repair or 
compensation for material damage caused by subsidence, resulting from 
underground coal mining operations, to any occupied residential 
dwelling and related structures or any noncommercial building. Alabama 
proposed to revise its program at its own initiative.

III. Public Comment Procedures

    We are reopening the comment period on the proposed Alabama program 
amendment to provide you an opportunity to comment on the adequacy of 
the amendment. Under the provisions of 30 CFR 732.17(h), we are 
requesting comments on whether the amendment satisfies the program 
approval criteria of 30 CFR 732.15. If we approve the amendment, it 
will become part of the Alabama program.

Written Comments

    We will make comments, including names and addresses of 
respondents, available for public review during normal business hours. 
We will not consider anonymous comments. If individual respondents 
request confidentiality, we will honor their request to the extent 
allowable by law. Individual respondents who wish to withhold their 
name or address from public review, except for the city or town, must 
state this prominently at the beginning of their comments. We will make 
all submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public review in their entirety.
    Your written comments should be specific and pertain only to the 
issues proposed in this rulemaking. You should explain the reason for 
any recommended change. In the final rulemaking, we will not 
necessarily consider or include in the Administrative Record any 
comments

[[Page 55879]]

received after the time indicated under DATES or at locations other 
than the Birmingham Field Office.
    Please submit Internet comments as an ASCII file avoiding the use 
of special characters and any form of encryption. Please also include 
``Attn: SPATS No. AL-070-FOR'' and your name and return address in your 
Internet message. If you do not receive a confirmation that we have 
received your Internet message, contact the Birmingham Field Office at 
(205) 290-7282.

IV. Procedural Determinations

Executive Order 12866

    The Office of Management and Budget (OMB) exempts this rule from 
review 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 program is 
drafted and published 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 State regulatory programs and 
program amendments 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

    This rule does not require an environmental impact statement since 
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency 
decisions on 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 
corresponding 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. Therefore, this rule will ensure that existing requirements 
previously published 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 corresponding Federal regulations.

Unfunded Mandates

    OSM has determined and certifies under 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 8, 1999.
Ervin J. Barchenger,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 99-27002 Filed 10-14-99; 8:45 am]
BILLING CODE 4310-05-P