[Federal Register Volume 67, Number 173 (Friday, September 6, 2002)]
[Proposed Rules]
[Pages 56967-56969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22690]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 924

[SPATS No. MS-017-FOR]


Mississippi 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: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are announcing receipt of revisions to a previously proposed 
amendment to the Mississippi regulatory program (Mississippi program) 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). 
The revisions pertain to the definition of ``immediate mining area'' 
and provisions concerning limited use vehicular pathways. Mississippi 
intends to revise its program to be consistent with the corresponding 
Federal regulations and to improve operational efficiency.

DATES: We will accept written comments until 4 p.m., c.d.t., September 
23, 2002.

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 Mississippi 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.
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. Internet: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Mississippi 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 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 the Act; and rules and regulations 
consistent with regulations issued by the Secretary pursuant to the 
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 
Mississippi program on September 4, 1980. You can find background 
information on the Mississippi program, including the Secretary's 
findings and the disposition of comments, in the September 4, 1980, 
Federal Register (45 FR 58520). You can find later actions on the 
program at 30 CFR 924.10, 924.15, 924.16, and 924.17.

II. Discussion of the Proposed Amendment

    By letter dated September 28, 2001 (Administrative Record No. MS-
0388), Mississippi sent us an amendment to its program under SMCRA and 
the Federal regulations at 30 CFR 732.17(b). Mississippi sent the 
amendment in response to our letters dated August 17, 2000, and August 
23, 2000 (Administrative Record Nos. MS-0382 and MS-0381, 
respectively), that we sent to Mississippi in accordance with 30 CFR 
732.17(c). Mississippi also sent the amendment in response to required 
program amendments at 30 CFR 924.16(i) and (l). Finally, the amendment 
included changes made at Mississippi's own initiative.
    We announced receipt of the amendment in the November 2, 2001, 
Federal Register (66 FR 55611) and invited public comment on its 
adequacy. The public comment period closed December 3, 2001.
    During our review of the amendment, we identified concerns relating 
to the definition of ``immediate mining area,'' and provisions 
concerning limited use vehicular pathways. We notified Mississippi of 
these concerns by letter dated January 23, 2002 (Administrative Record 
No. MS-0390). By letter dated July 22, 2002, Mississippi sent us a 
revised amendment (Administrative Record No. MS-0394). Below is a 
description of the revisions Mississippi submitted.

A. Section 105, Definitions

    Mississippi proposes to add language to its proposed definition of 
``immediate mining area'' to provide that routes of travel within the 
immediate mining area will be either consumed by mining, reclaimed, or 
have design plans submitted for approval as permanent postmine features 
prior to phase II bond release.

B. Section 53111(a), Road Classification System

    1. Paragraph (a)(4)(ii). Mississippi proposes to revise its 
proposed provisions at paragraph (a)(4)(ii) to provide that limited use 
vehicular pathways cannot have bridges or other cross-drainage 
structures. Previously, this proposed provision would have allowed 
culverts if the Department approved them prior to construction.
    2. Paragraph (a)(4)(iii). Mississippi proposes to revise its 
proposed provision at paragraph (a)(4)(iii) to provide that limited use 
vehicular pathways cannot be located in and/or cross or ford any 
channel of an intermittent or perennial stream. Previously, this 
proposed provision would have allowed limited use vehicular pathways to 
be located in and/or cross or ford any channel of an intermittent or 
perennial stream if the Department approved it.
    3. Paragraph (a)(5). Mississippi proposes to revise its proposed

[[Page 56968]]

provision at paragraph (a)(5) by removing the provision at (a)(5)(i). 
As proposed, this provision would have allowed limited use vehicular 
pathways to include water bars across the pathway and drainage ways 
incidental to the area. Mississippi further proposes to redesignate the 
provisions at paragraph (a)(5)(ii) through (iv) as new paragraphs 
(a)(5)(i) through (iii). Finally, Mississippi proposes to revise the 
provision at newly designated paragraph (a)(5)(iii) to read as follows:

    (5) A limited use vehicular pathway:
    (iii) will be reclassified as a road if upgraded by construction 
activities such as blading, construction, placement of a compacted 
surface, cut and fill of the natural grade, construction of drainage 
ditches or low water crossings, or installation of drainage 
structures. The submittal and approval of plans and drawings 
required by these regulations must be completed prior to the 
upgrading of a limited use vehicular pathway.

III. Public Comment Procedures

    We are reopening the comment period on the proposed Mississippi 
program amendment to provide you an opportunity to reconsider the 
adequacy of the amendment in light of the additional materials sent to 
us. 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 Mississippi program.
    Written Comments: If you submit written or electronic comments on 
the proposed rule during the 15-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. MS-017-
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.

IV. Procedural Determinations

Executive Order 12630--Takings

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

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 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 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 because 
each 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.

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. Section 503(a)(7) requires 
that State programs contain rules and regulations ``consistent with'' 
regulations issued by the Secretary pursuant to SMCRA.

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 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

    This rule does not require an environmental impact statement 
because 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 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.). 
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. 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.

[[Page 56969]]

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 governmental agencies or 
geographic regions; and (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 an unfunded mandate on State, local, or 
tribal governments or the private sector of $100 million or more in any 
given year. 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 did not impose an 
unfunded mandate.

List of Subjects in 30 CFR Part 924

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: August 7, 2002.
Ervin J. Barchenger,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 02-22690 Filed 9-5-02; 8:45 am]
BILLING CODE 4310-05-P