[Federal Register Volume 68, Number 69 (Thursday, April 10, 2003)]
[Rules and Regulations]
[Pages 17546-17549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8806]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 901

[AL-072-FOR]


Alabama Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are approving an amendment to the Alabama regulatory program 
(Alabama program) under the Surface Mining Control and Reclamation Act 
of 1977 (SMCRA or the Act). Alabama proposed revisions to its rules 
concerning forms and license applications. Alabama revised its program 
to improve operational efficiency.

EFFECTIVE DATE: April 10, 2003.

FOR FURTHER INFORMATION CONTACT: Arthur W. Abbs, Director, Birmingham 
Field Office. Telephone: (205) 290-7282. Internet address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Alabama Program
II. Submission of the Amendment
III. OSM's Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Procedural Determinations

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 22030). You 
can find later actions on the Alabama program at 30 CFR 901.10, 901.15, 
and 901.16.

II. Submission of the Amendment

    By letter dated October 17, 2002 (Administrative Record No. AL-
0654), Alabama sent us an amendment to its program under SMCRA (30 
U.S.C. 1201 et seq.). Alabama sent the amendment at its own initiative. 
Alabama proposed to revise the following provisions of the Alabama 
Surface Mining Commission (ASMC) rules: 880-X-1B, forms and 880-X-
6A-.06, license application requirements.
    We announced receipt of the proposed amendment in the January 16, 
2003, Federal Register (68 FR 2263). In the same document, we opened 
the public comment period and provided an opportunity for a public 
hearing or meeting on the adequacy of the amendment. The public comment 
period closed on February 18, 2003. Because no one requested a public 
hearing or meeting, we did not hold one. We did not receive any 
comments.

III. OSM's Findings

    Following are the findings we made concerning the amendment under 
SMCRA and the Federal regulations at 30 CFR 732.15 and 732.17. We are 
approving the amendment as described below.

A. ASMC 880-X-1B Forms.

    ASMC 880-X-1B lists the forms used in the operations and 
organization of the Alabama Surface Mining Commission. Alabama proposed 
to revise its list of forms by deleting some of the existing forms that 
are no longer used, revising the titles of other existing forms to 
clarify their use, and adding some new forms.

[[Page 17547]]

    1. Alabama deleted the following forms:

Form ASMC-3 Request for Inspection & Bond Release.
Form ASMC-17 Permit Application for Underground Mining.
Form ASMC-98 Application for Coal Exploration Permit to Remove More 
Than 250 Tons of Coal or Disturb More Than One-Half Acre.
Form ASMC-137 Permit Application for Coal Processing Plants.

    Alabama uses other existing forms in place of the deleted forms.
    2. Alabama changed the existing descriptions of Forms ASMC-6, ASMC-
16, ASMC-176, and ASMC-232 to the descriptions shown below:

Form ASMC-6 Application for Coal Mining License/Application for Annual 
Update of Coal Mining License/Notification of Change in Ownership or 
Control.
Form ASMC-16 Permit Application for a Surface Coal Mine/Permit 
Application for an Underground Coal Mine/Permit Application for a 
Preparation Facility.
Form ASMC-176 Renewal Application for a Surface Coal Mine/Renewal 
Application for an Underground Coal Mine/Renewal Application for a 
Preparation Facility.
Form ASMC-232 Transfer Application for a Surface Coal Mine/Transfer 
Application for an Underground Coal Mine/Transfer Application for a 
Preparation Facility.
    Alabama revised the descriptions of the above forms to clarify 
their current use.
    3. Alabama added the following new forms to its list:

Form ASMC 254 Notice of the Filing of a Renewal Application for Surface 
Coal Mining Permit (To Agencies).
Form ASMC 255 Notice of the Filing of a Revision Application for 
Surface Coal Mining Permit (To Agencies).
Form ASMC 256 Notice of the Filing of a Revision Application for 
Surface Coal Mining Operations (Landowner Notice).
Form ASMC 257 Notice of the Filing of a Renewal Application for Surface 
Coal Mining Operations (Landowner Notice).
Form ASMC 258 Statement as to Negotiability of Certificate of Deposit 
and Assignment (Subsidence Impacts).
Form ASMC 259 Surety Bond (Subsidence).

    There is no direct Federal regulation counterpart to Alabama's rule 
at ASMC 880-X-1B. However, we find that the revised list of forms used 
in the operations and organization of the Alabama Surface Mining 
Commission is not inconsistent with the requirements of the Federal 
regulations or SMCRA. Therefore, we are approving the revisions to ASMC 
880-X-1B.

B. ASMC 880-X-6A-.06 License Application Requirements

    Alabama's rule at ASMC 880-X-6A-.06(g)2 requires an applicant to 
submit information that demonstrates sufficient financial 
responsibility to reasonably assure the Alabama Surface Mining 
Commission of the applicant's financial ability to meet the 
requirements of the Alabama program. Alabama is proposing to revise one 
of the information provisions at ASMC 880-X-6A-.06(g)2(ii)(I). This 
revised provision will allow public accountants to certify and sign 
current statements of the net worth of applicants applying for licenses 
to conduct surface coal mining operations. Currently, Alabama only 
allows certified public accountants to certify and sign these 
statements. The revised provision reads as follows:

    A current statement in letter form, certified by a certified 
public accountant or public accountant licensed to do business in 
the State of Alabama that the applicant has a net worth of not less 
than $100,000. The statement must not be ambiguous, qualified, or 
otherwise vague. It must state the Alabama certificate or 
registration number of, and be signed by the certified public 
accountant or public accountant.

    There is no direct Federal regulation counterpart to Alabama's rule 
at ASMC 880-X-6A-.06(g)2(ii)(I). However, we find that the revised 
provision is not inconsistent with the Federal regulation at 30 CFR 
778.11, which requires a permit applicant to submit various kinds of 
applicant, operator, and ownership and control information. Therefore, 
we are approving the revision to ASMC 880-X-6A-.06(g)2(ii)(I).

Public Comments

    We asked for public comments on the amendment, but did not receive 
any.

Federal Agency Comments

    On October 25, 2002, under 30 CFR 732.17(h)(11)(i) and section 
503(b) of SMCRA, we requested comments on the amendment from various 
Federal agencies with an actual or potential interest in the Alabama 
program (Administrative Record No. AL-0655). We did not receive any 
comments.

Environmental Protection Agency (EPA) Concurrence and Comments

    Under 30 CFR 732.17(h)(11)(ii), we are required to get a written 
concurrence from EPA for those provisions of the program amendment that 
relate to air or water quality standards issued 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.). None of the revisions that Alabama proposed to 
make in this amendment pertain to air or water quality standards. 
Therefore, we did not ask EPA to concur on the amendment.
    On October 25, 2002, under 30 CFR 732.17(h)(11)(i), we requested 
comments on the amendment from EPA (Administrative Record No. AL-0655). 
EPA did not respond to our request.

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

    Under 30 CFR 732.17(h)(4), we are required to request comments from 
the SHPO and ACHP on amendments that may have an effect on historic 
properties. On October 25, 2002, we requested comments on Alabama's 
amendment (Administrative Record No. AL-0655), but neither responded to 
our request.

V. OSM's Decision

    Based on the above findings, we approve the amendment Alabama sent 
us on October 17, 2002.
    To implement this decision, we are amending the Federal regulations 
at 30 CFR Part 901, which codify decisions concerning the Alabama 
program. We find that good cause exists under 5 U.S.C. 553(d)(3) to 
make this final rule effective immediately. Section 503(a) of SMCRA 
requires that the State's program demonstrate that the State has the 
capability of carrying out the provisions of the Act and meeting its 
purposes. Making this rule effective immediately will expedite that 
process. SMCRA requires consistency of State and Federal standards.

VI. Procedural Determinations

Executive Order 12630--Takings

    The revisions made at the initiative of the State have been 
reviewed and a determination made that they do not have takings 
implications. This determination is based on the fact that the 
deletions, revisions, and additions by the Alabama Surface Mining 
Commission to the forms listed in ASMC 880-X-1B are administrative and 
procedural in nature and are not expected to have a substantive effect 
on the regulated industry. The same is true for the revisions to ASMC 
880-X-6A-.06.

[[Page 17548]]

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 13175--Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have evaluated the 
potential effects of this rule on Federally recognized Indian tribes 
and have determined that the rule does not have substantial direct 
effects on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes. 
This determination is based on the fact that the Alabama program does 
not regulate coal exploration and surface coal mining and reclamation 
operations on Indian lands. Therefore, the Alabama program has no 
effect on Federally recognized Indian tribes.

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.). 
This determination is based on the fact that the deletions, revisions, 
and additions by the Alabama Surface Mining Commission to the forms 
listed in ASMC 880-X-1B are administrative and procedural in nature and 
are not expected to have a substantive effect on the regulated 
industry. The same is true for the revisions to ASMC 880-X-6A-.06.

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 on the fact that the 
deletions, revisions, and additions by the Alabama Surface Mining 
Commission to the forms listed in ASMC 880-X-1B are administrative and 
procedural in nature and are not expected to have a substantive effect 
on the regulated industry. The same is true for the revisions to ASMC 
880-X-6A-.06.

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 on the fact that the deletions, 
revisions, and additions by the Alabama Surface Mining Commission to 
the forms listed in ASMC 880-X-1B are administrative and procedural in 
nature and are not expected to have a substantive effect on the 
regulated industry. The same is true for the revisions to ASMC 880-X-
6A-.06.

List of Subjects in 30 CFR Part 901

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: February 26, 2003.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.


0
For the reasons set out in the preamble, 30 CFR part 901 is amended as 
set forth below:

PART 901--ALABAMA

0
1. The authority citation for part 901 continues to read as follows:

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


0
2. Section 901.15 is amended in the table by adding a new entry in 
chronological order by ``Date of final publication'' to read as 
follows:


Sec.  901.15  Approval of Alabama regulatory program amendments.

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[[Page 17549]]



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  Original amendment submission      Date of final
              date                    publication                         Citation/description
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                                                  * * * * * * *
October 17, 2002................  April 10, 2003.....  ASMC 880-X-1B; 880-X-6A-.06(g)2(ii)(I).
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[FR Doc. 03-8806 Filed 4-9-03; 8:45 am]
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