[Federal Register Volume 66, Number 48 (Monday, March 12, 2001)]
[Rules and Regulations]
[Pages 14316-14318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6105]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Parts 816 and 817

RIN 1029-AB40


Surface Coal Mining and Reclamation Operations; Technical 
Amendment; Permanent and Temporary Impoundments

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

ACTION: Final rule; technical amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are making technical revisions to our regulations to correct 
errors in cross references and to change an address.

EFFECTIVE DATE: March 12, 2001.

FOR FURTHER INFORMATION CONTACT: Andy DeVito, Office of Surface Mining 
Reclamation and Enforcement, Room 117, South Interior Building, 1951 
Constitution Avenue, NW., Washington, DC 20240; Telephone (202) 208-
2701. E-Mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Discussion of Final Rule
II. Procedural Matters

I. Background and Discussion of Final Rule

    We published a final rule (RIN 1029-AB40) on October 20, 1994 at 59 
FR 53022. The rule revised regulations in 30 CFR parts 816 and 817. In 
both 30 CFR 816.49 and 817.49, OSM redesignated paragraphs (a)(8), 
(a)(9), and (a)(10) as (a)(9), (a)(10), and (a)(11) respectively. 
Redesignated paragraph (a)(9) still contains cross references to 
paragraphs (a)(8), (a)(8)(i) and (a)(8)(ii). Those cross references 
should have been revised to read (a)(9), (a)(9)(i) and (a)(9)(ii) when 
paragraph (a)(8) was redesignated as paragraph (a)(9). Similarly, 
redesignated paragraph (a)(11) contains cross references to paragraphs 
(a)(10)(i) and (a)(10)(iv). Those cross references should have been 
revised to read (a)(11)(i) and (a)(11)(iv) when paragraph (a)(10) was 
redesignated as paragraph (a)(11). In addition, both 30 CFR 
816.49(c)(2) and

[[Page 14317]]

817.49(c)(2) contains a cross reference to (a)(8)(i) which, under the 
redesignation, should have been revised to (a)(9)(i). This rule 
corrects those errors. Finally, 30 CFR 816.49(a)(1) and 817.49(a)(1) 
contains references to OSM's Administrative Record Room which was 
located at 800 North Capitol Street, NW., Washington, DC when the rule 
was published. Since publication of the rule, we have moved the 
Administrative Record Room to 1951 Constitution Avenue, NW., 
Washington, DC. This rule revise paragraphs 816.49(a)(1) and 
817.49(a)(1) to indicate the new address.

II. Procedural Matters

Administrative Procedure Act

    This final rule has been issued without prior public notice or 
opportunity for public comment. The Administrative Procedure Act (APA) 
(5 U.S.C. 553) provides an exception to the notice and comment 
procedures when an agency finds that there is good cause for dispensing 
with such procedures on the basis that they are impracticable, 
unnecessary or contrary to the public interest. OSM has determined that 
under 5 U.S.C. 553(b)(3)(B) good cause exists for dispensing with the 
notice of proposed rulemaking and public comment procedures for this 
rule. Specifically, this rule merely corrects references contained in 
the regulations and does not impose any new OSM regulatory 
requirements. These same reasons also provide OSM with good cause under 
5 U.S.C. 553(d)(3) of the APA to have the regulation become effective 
on a date that is less than 30 days after the date of publication in 
the Federal Register.

Executive Order 12866

    This rule is not a significant rule and is not subject to review by 
the Office of Management and Budget under Executive Order 12866.
    (1) This rule will not have an effect of $100 million or more on 
the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities. As previously stated, this rule corrects references 
contained in the regulations and does not impose any new OSM regulatory 
requirements.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency for the 
reasons stated above.
    (3) This rule does not alter the budgetary effects of entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients.
    (4) This rule does not raise novel legal or policy issues for the 
reasons stated above.

Regulatory Flexibility Act

    The Department of the Interior certifies 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.). 
As previously stated, the rule merely corrects references contained in 
the regulations and does not impose any new OSM regulatory 
requirements.

Unfunded Mandates Reform Act

    For purposes of compliance with the Unfunded Mandates Reform Act of 
1995, this rule does not impose any obligations that individually or 
cumulatively would require an aggregate expenditure of $100 million or 
more by State, local, and Tribal governments and the private sector in 
any given year.

Federal Paperwork Reduction Act

    This rule does not contain collections of information which require 
approval by the Office of Management and Budget under 44 U.S.C. 3501 et 
seq.

National Environmental Policy Act

    This rule has been reviewed by OSM and it has been determined to be 
categorically excluded from the requirement to prepare an environmental 
document under the National Environmental Policy Act of 1969. This 
determination was made in accordance with the Departmental Manual (516 
DM 2, Appendix 1.10).

Executive Order 12988 on Civil Justice Reform

    The Department of the Interior has determined that this rule meets 
the requirements of sections (3)(a) and 3(b)(2) of Executive Order 
12988, Civil Justice Reform (61 FR 4729).

Effect in Federal Program States and on Indian Lands

    The rule will apply through cross-referencing to the following 
Federal program states: California, Georgia, Idaho, Massachusetts, 
Michigan, North Carolina, Oregon, Rhode Island, South Dakota, Tennessee 
and Washington. The Federal programs for these States appear at 30 CFR 
Parts 905, 910, 912, 921, 922, 933, 937, 939, 941, 942 and 947, 
respectively. The rule also applies through cross-referencing to Indian 
lands under the Federal program for Indian lands as provided in 30 CFR 
part 750.

Effect on State Programs

    Following promulgation of the final rule, OSM will evaluate State 
programs approved under section 503 of SMCRA to determine any changes 
in those programs that will be necessary. When OSM determines that a 
particular State program provision should be amended in order to be 
made no less stringent than the revised Federal regulations, the 
particular States will be notified in accordance with the provisions of 
30 CFR 732.17.

List of Subjects

30 CFR Part 816

    Environmental protection, Reporting and recordkeeping requirements, 
Surface mining.

30 CFR Part 817

    Environmental protection, Reporting and recordkeeping requirements, 
Underground mining.

    Dated: February 23, 2001.
Piet deWitt,
Acting Assistant Secretary, Land and Minerals Management.


    For the reasons given in the preamble, 30 CFR Parts 816 and 817 are 
amended as set forth below.

PART 816--PERMANENT PROGRAM PERFORMANCE STANDARDS--SURFACE MINING 
ACTIVITIES

    1. The authority citation for Part 816 is revised to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.; and sec. 115 of Pub. L. 98-
146.


Sec. 816.49  [Amended]

    2. Amend Sec. 816.49 as follows:
    a. In paragraph (a)(1), the words ``Room 660, 800 North Capitol 
Street'' are revised to read ``1951 Constitution Avenue, NW.''
    b. In paragraph (a)(9), the references to ``(a)(8)(i)'' and 
``(a)(8)(ii)'' are revised to read ``(a)(9)(i)'' and ``(a)(9)(ii),'' 
respectively.
    c. In paragraph (a)(9)(ii), the reference to ``(a)(8)'' is revised 
to read ``(a)(9).''
    d. In paragraph (a)(11), the references to ``(a)(10)(i)'' and 
``(a)(10)(iv)'' are revised to read ``(a)(11)(i)'' and ``(a)(11)(iv),'' 
respectively.
    e. In paragraph (a)(11)(ii), the references to ``(a)(10)(i)'' and 
``(a)(10)(iv)'' are revised to read ``(a)(11)(i)'' and ``(a)(11)(iv),'' 
respectively.
    f. In paragraph (c)(2), the reference to ``(a)(8)(i)'' is revised 
to read ``(a)(9)(i).''

[[Page 14318]]

PART 817--PERMANENT PROGRAM PERFORMANCE STANDARDS--UNDERGROUND 
MINING ACTIVITIES

    4. The authority citation for Part 817 is revised to read as 
follows:

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


Sec. 817.49  [Amended]

    5. Amend Sec. 817.49 as follows:
    a. In paragraph (a)(1), the words ``Room 660, 800 North Capitol 
Street'' are revised to read ``1951 Constitution Avenue, NW.''
    b. In paragraph (a)(9), the references to ``(a)(8)(i)'' and 
``(a)(8)(ii)'' are revised to read ``(a)(9)(i)'' and ``(a)(9)(ii),'' 
respectively.
    c. In paragraph (a)(9)(ii), the reference to ``(a)(8)'' is revised 
to read ``(a)(9).''
    d. In paragraph (a)(11), the references to ``(a)(10)(i)'' and 
``(a)(10)(iv)'' are revised to read ``(a)(11)(i)'' and ``(a)(11)(iv),'' 
respectively.
    e. In paragraph (a)(11)(ii), the references to ``(a)(10)(i)'' and 
``(a)(10)(iv)'' are revised to read ``(a)(11)(i)'' and ``(a)(11)(iv),'' 
respectively.
    f. In paragraph (c)(2), the reference to ``(a)(8)(i)'' is revised 
to read ``(a)(9)(i).''

[FR Doc. 01-6105 Filed 3-9-01; 8:45 am]
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