[Federal Register Volume 66, Number 202 (Thursday, October 18, 2001)]
[Proposed Rules]
[Pages 52879-52881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26269]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 901

[SPATS No. AL-071-FOR]


Alabama Regulatory Program

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

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

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is announcing receipt of an amendment to the Alabama regulatory program 
(Alabama program) under the Surface Mining Control and Reclamation Act 
of 1977 (SMCRA or the Act). Alabama proposes revisions to and additions 
of regulations concerning valid existing rights. Alabama intends to 
revise its program to be consistent with the corresponding Federal 
regulations.
    This document gives the times and locations that the Alabama 
program and the proposed amendment to that program are available for 
your inspection, the comment period during which you may submit written 
comments on the amendment, and the procedures that we will follow for 
the public hearing, if one is requested.

DATES: We will accept written comments until 4 p.m., c.d.t., November 
19, 2001. If requested, we will hold a public hearing on the amendment 
on November 13, 2001. We will accept requests to speak at the hearing 
until 4 p.m., c.d.t. on November 2, 2001.

ADDRESSES: You should mail or hand deliver written comments and 
requests to speak at the hearing to Arthur W. Abbs, Director, 
Birmingham Field Office, at the address listed below.
    You may review copies of the Alabama program, the amendment, a 
listing of any scheduled public hearings, 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

    Section 503(a) of the Act permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that 
its State program includes, among other things, ``* * * a State law 
which provides for the regulation of surface coal mining and 
reclamation operations in accordance with the requirements of this Act 
* * *; and rules and regulations consistent with regulations issued by 
the Secretary pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). 
On the basis of these criteria, the Secretary of the Interior 
conditionally approved the Alabama program on May 20, 1982. 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. Description of the Proposed Amendment

    By letter dated August 29, 2001 (Administrative Record No. AL-
0647), Alabama sent us an amendment to its program under SMCRA and the 
Federal regulations at 30 CFR 732.17(b). Alabama sent the amendment in 
response to our letter dated August 23, 2000 (Administrative Record No. 
AL-0644), that we sent to Alabama under 30 CFR 732.17(c). Alabama 
proposes to amend the Alabama Surface Mining Commission (ASMC) Rules. 
Below is a summary of the changes proposed by Alabama. The full text of 
the program amendment is available for your inspection at the locations 
listed above under ADDRESSES.

A. 880-X-2A-.06, Definitions

    Alabama proposes to add a definition for ``significant 
recreational, timber, economic, or other values incompatible with 
surface coal mining operations.'' Alabama also proposes to revise its 
definition of ``valid existing rights.''

B. 880-X-7B-.06, Areas Where Surface Coal Mining Operations Are 
Prohibited or Limited

    Alabama proposes to revise the language in this section to describe 
the lands where surface coal mining operations may not be conducted, 
except as provided under 880-X-7B-.11 and 880-X-7B-.07.

C. 880-X-7B-.07, Exception for Existing Operations

    Alabama proposes to revise the language in this section to describe 
those surface coal mining operations that the provisions of 880-X-
7B-.06 do not apply.

D. 880-X-7B-.08, Procedures for Compatibility Finding for Surface Coal 
Mining Operations on Federal Lands in National Forests

    Alabama proposes to add this new section to describe the procedures 
an applicant for a surface coal mining operation permit and the 
regulatory authority must follow when an applicant intends to claim the 
exception provided in 880-X-7B-.06(b) to conduct surface coal mining 
operations on Federal lands within a national forest.

E. 880-X-7B-.09, Procedures for Relocating or Closing a Public Road or 
Waiving the Prohibition on Surface Coal Mining Operations Within the 
Buffer Zone of a Public Road

    Alabama proposes to add this new section to describe the procedures 
an applicant for a surface coal mining operation permit and the 
regulatory authority must follow when an applicant proposes to relocate 
or close a public road, or conduct surface coal mining operations with 
100 feet, measured horizontally, of the outside right-of-way line of a 
public road.

F. 880-X-7B-.10, Procedures for Waiving the Prohibition on Surface Coal 
Mining Operations Within the Buffer Zone of an Occupied Dwelling

    Alabama proposes to add this new section to describe the procedures 
applicants for surface coal mining operation permits must follow when 
they propose to conduct surface coal mining operations within 300 feet, 
measured horizontally, of any occupied dwelling.

[[Page 52880]]

G. 880-X-7B-.11, Submission and Processing of Requests for Valid Rights 
Determinations

    Alabama proposes to add this new section to describe the procedures 
applicants for surface coal mining operation permits must follow when 
requesting a valid existing rights determination. This section also 
describes the procedures the regulatory authority will follow when 
making a valid existing rights determination.

H. 880-X-7B-.12, Regulatory Authority Obligations at Time of Permit 
Application Review

    Alabama proposes to add this new section to describe the procedures 
the regulatory authority must follow when it receives an 
administratively complete application for a permit for a surface coal 
mining operation, or an administratively complete application for 
revision of the boundaries of a surface coal mining operation permit.

I. 880-X-8C-.05, Exploration: General Requirements for Removal of More 
Than 250 Tons and Disturbance of More Than One-Half Acre or on Lands 
Designated Unsuitable for Surface Mining Operations

    Section 880-X-8C-.05 requires any person who intends to conduct 
coal exploration outside a permit area to apply for a permit. Alabama 
proposes to add new paragraph 880-X-8C-.05(1)(g) to require applicants 
for a coal exploration permit to submit, as part of their permit 
application, a demonstration that, for those lands listed at 880-X-
7B-.06, the proposed exploration activities have been designed to 
minimize interference with the values for which those lands were 
designated as unsuitable for surface coal mining operations. 
Furthermore, applicants must provide documentation that they have 
consulted with the owner of the feature causing the land to come under 
the protection of 880-X-7B-.06, as well as the regulatory authority 
with primary jurisdiction over the feature, when applicable.

J. 880-X-8C-.06, Applications: Approval or Disapproval of Exploration 
of More Than 250 Tons

    Section 880-X-8C-.06 describes the procedures the regulatory 
authority must follow when it receives an application for a coal 
exploration permit. Alabama proposes to add new paragraph 880-X-
8C-.06(2)(e) to require the regulatory authority to find, prior to 
approving a coal exploration permit, that the applicant has 
demonstrated that, for those lands listed at 880-X-7B-.06, the 
exploration and reclamation described in the application minimizes 
interference with the values for which those lands were designated as 
unsuitable for surface coal mining operations. Furthermore, the 
regulatory authority must provide reasonable opportunity to the owner 
of the feature causing the land to come under the protection of 880-X-
7B-.06, as well as the regulatory authority with primary jurisdiction 
over the feature, to comment on whether the finding is appropriate.

K. 880-X-8D-.08, Relationship to Areas Designated Unsuitable for Mining

    Alabama proposes to revise the language in paragraph 880-X-
8D-.08(3) to require those applicants for surface coal mining operation 
permits that propose to conduct surface coal mining operations within 
100 feet of a public road or within 300 feet of an occupied dwelling to 
meet the requirements of 880-X-7B-.09 or 800-X-7B-.10, respectively.

L. 800-X-8F-.14, Protection of Public Parks and Historic Places

    Alabama proposes to revise the language in paragraph 880-X-
8F-.14(1)(b) to read as follows:

    (b) If a person has valid existing rights, as determined under 
Rule 880-X-7B-.11 of these regulations, or if joint regulatory 
authority approval is to be obtained under Rule 880-X-7B-.12(d) of 
these regulations, to minimize adverse impacts.

M. 880-X-8I-.15, Relocation or Use of Public Roads

    Alabama proposes to revise the reference in the introductory 
language of this section from ``880-X-7B-.07(4)'' to ``880-X-7B-.09.''

N. 880-X-8K-.05, Public Participation in Permit Processing

    Alabama proposes to revise the reference in paragraph 880-X-
8K-.05(1)(a)5 from ``880-X-7B-.07(4)'' to ``880-X-7B-.09.''

O. 880-X-8K-.10, Review of Permit Applications

    Alabama proposes to remove the phrase ``and section 880-X-7B-.07'' 
from the language found in paragraph 880-X-8K-.10(3)(c)2.

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking comments 
on whether the proposed amendment satisfies the applicable program 
approval criteria of 30 CFR 732.15. If we approve the amendment, it 
will become part of the Alabama program.
    Written Comments: If you submit written or electronic comments on 
the proposed rule during the 30-day comment period, they should be 
specific, should be confined to issues pertinent to the notice, and 
should explain the reason for your recommendation(s). We may not be 
able to consider or include in the Administrative Record comments 
delivered to an address other than the one listed above (see 
ADDRESSES).
    Electronic Comments: Please submit Internet comments as an ASCII, 
WordPerfect, or Word file avoiding the use of special characters and 
any form of encryption. Please also include ``Attn: SPATS NO. AL-071-
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.
    Availability of Comments: Our practice is to make comments, 
including names and home addresses of respondents, available for public 
review during regular business hours at OSM's Birmingham Field Office 
(see ADDRESSES). Individual respondents may request that we withhold 
their home address from the administrative record, which we will honor 
to the extent allowable by law. There also may be circumstances in 
which we would withhold from the administrative record a respondent's 
identity, as allowable by law. If you wish us to withhold your name 
and/or address, you must state this prominently at the beginning of 
your comment. However, we will not consider anonymous 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 inspection in their 
entirety.
    Public Hearing: If you wish to speak at the public hearing, you 
should contact the person listed under FOR FURTHER INFORMATION CONTACT 
by 4 p.m., c.d.t. on November 2, 2001. We will arrange the location and 
time of the hearing with those persons requesting the hearing. If no 
one requests an opportunity to speak at the public hearing, the hearing 
will not be held.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who testifies at the public 
hearing provide us with a written copy of his or her testimony. The 
public hearing will continue on the specified date until all persons 
scheduled to speak have been heard. If you are in the audience and have 
not been scheduled to speak and wish to do so, you will be allowed to 
speak after those who have been scheduled. We will end the

[[Page 52881]]

hearing after all persons scheduled to speak and persons present in the 
audience who wish to speak have been heard.
    If you are disabled and need a special accommodation to attend a 
public hearing, you should contact the person listed under FOR FURTHER 
INFORMATION CONTACT.
    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. If you wish to meet with us to discuss the proposed amendment, 
you may request a meeting by contacting the person listed under FOR 
FURTHER INFORMATION CONTACT. All such meetings are open to the public 
and, if possible, we will post notices of meetings at the locations 
listed under ADDRESSES. We will also make a written summary of each 
meeting a part of the Administrative Record.

IV. Procedural Determinations

Executive Order 12866--Regulatory Planning and Review

    This rule is exempted from review by the Office of Management and 
Budget under Executive Order 12866.

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the counterpart Federal 
regulations.

Executive Order 13132--Federalism

    This rule does not have federalism implications. SMCRA delineates 
the roles of the Federal and State governments with regard to the 
regulation of surface coal mining and reclamation operations. One of 
the purposes of SMCRA is to ``establish a nationwide program to protect 
society and the environment from the adverse effects of surface coal 
mining operations.'' Section 503(a)(1) of SMCRA requires that State 
laws regulating surface coal mining and reclamation operations be ``in 
accordance with'' the requirements of SMCRA, and section 503(a)(7) 
requires that State programs contain rules and regulations ``consistent 
with'' regulations issued by the Secretary under SMCRA.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 and has determined that, to the 
extent allowed by law, this rule meets the applicable standards of 
subsections (a) and (b) of this section. However, these standards are 
not applicable to the actual language of State regulatory programs and 
program amendments because each program is drafted and promulgated by a 
specific State, not 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.

Executive Order 13211--Regulations That Significantly Affect the 
Supply, Distribution, or Use of Energy

    On May 18, 2001, the President issued Executive Order 13211 which 
requires agencies to prepare a Statement of Energy Effects for a rule 
that is (1) considered significant under Executive Order 12866, and (2) 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Because this rule is exempt from review 
under Executive Order 12866, and because it is not expected to have a 
significant adverse effect on the supply, distribution, or use of 
energy, a Statement of Energy Effects is not required.

National Environmental Policy Act

    Section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that a 
decision on a proposed State regulatory program provision does not 
constitute a major Federal action within the meaning of section 
102(2)(C) of the National Environmental Policy Act (42 U.S.C. 
4332(2)(C)). A determination has been made that such decisions are 
categorically excluded from the NEPA process (516 DM 8.4.A).

Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by the Office of Management and Budget 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. Therefore, 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.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5. U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    a. Does not have an annual effect on the economy of $100 million.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S. based enterprises to compete with foreign-based enterprises.
    This determination is based upon the fact that the State submittal 
which is the subject of this rule is based upon counterpart Federal 
regulations for which an analysis was prepared and a determination made 
that the Federal regulation was not considered a major rule.

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 901

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: September 12, 2001.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 01-26269 Filed 10-17-01; 8:45 am]
BILLING CODE 4310-05-P