[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