[Federal Register Volume 65, Number 81 (Wednesday, April 26, 2000)]
[Proposed Rules]
[Pages 24433-24435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10389]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 901

[SPATS No. AL-069-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). Alabama proposes revisions to and additions of 
regulations concerning removal of coal incidental to government 
financed construction and general requirements for reclamation plans. 
Alabama also corrected citation references. 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 4:00 p.m., c.d.t., May 26, 
2000. If requested, we will hold a public hearing on the amendment on 
May 22, 2000. We will accept requests to speak at the hearing until 
4:00 p.m., c.d.t. on May 11, 2000.

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.


[[Page 24434]]


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: 
<a href="/cdn-cgi/l/email-protection#dabbbbb8b8a99ab8bbb6bdadf4b5a9b7a8bff4bdb5ac"><span class="__cf_email__" data-cfemail="fc9d9d9e9e8fbc9e9d909b8bd2938f918e99d29b938a">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background on the Alabama Program

    On May 20, 1982, the Secretary of the Interior conditionally 
approved the Alabama program. 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 April 11, 2000 (Administrative Record No. AL-0631), 
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 January 13, 1998 (Administrative Record No. AL-
0577), that we sent to Alabama under 30 CFR 732.17(c). The amendment 
also includes changes made at Alabama's own initiative. 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 revise the definition of ``government-finance 
construction'' to read as follows:

    Government-finance construction means construction funded 50 
percent or more by funds appropriated from a government financing 
agency's budget or obtained from general revenue bonds. Funding at 
less than 50 percent may qualify if the construction is undertaken 
as an approved reclamation project under Title IV of the Federal 
Surface Mining Control and Reclamation Act, 30 U.S.C. 1201 et seq., 
as amended. Construction funded through government financing agency 
guarantees, insurance, loans, funds obtained through industrial 
revenue bonds or their equivalent, or in-kind payments does not 
qualify as government-financed construction.

    Alabama also corrected citation references in the definitions of 
``material damage'' and ``occupied residential dwelling and structures 
related thereto.''

B. 880-X-2D-.04, Applicability

    Alabama proposes to add language to this section to provide that, 
with the exception of the requirements of new section 880-X-2D-.06, 
coal extraction which is incidental to government-financed construction 
is exempt from the Alabama Surface Mining Control and Reclamation Act 
(ASMCRA) and its implementing regulations.

C. 880-X-2D-.06, Additional Requirements for Coal Removal Incidental to 
Abandoned Mine Land Projects

    Alabama proposes to add this new section to provide additional 
requirements for coal removal incidental to Abandoned Mine Lands (AML) 
projects. The requirements of this section apply to coal removal 
incidental to government financed construction where funding for the 
project is less than 50 percent and the construction is undertaken as 
an approved reclamation project under Title IV of the Federal Surface 
Mining Control and Reclamation Act, 30 U.S.C. 1201 et seq., as amended. 
Paragraph (1) requires the AML contractor and any subcontractor 
involved in the removal of coal from, or processing of coal on, the 
project site to obtain or possess a valid license under 880-X-6. 
Paragraph (2) requires the AML contractor to identify the prospective 
purchasers or end users of all coal that he or she will extract under 
the project before the ASMC can grant concurrence under 30 CFR 874.17. 
Paragraph (3) requires the AML contractor to maintain records of the 
exact tonnage of coal removed, as well as the names and addresses of 
all purchasers or end users of the coal at the project site. The AML 
contractor must make these records available to the ASMC upon request. 
Paragraph (4) provides that this exemption applies only to coal located 
within the boundaries of the approved construction project. In 
addition, removal of the coal must be necessary to achieve the 
objectives of the AML project. Paragraph (5) provides that both the 
Alabama Department of Industrial Relations and the ASMC must approve 
the project in accordance with the provisions of 30 CFR 874.17 before 
the AML contractor can remove coal under this Subchapter. Finally, 
paragraph (6) provides that all coal removal under this exemption must 
be under the direct supervision of the AML contractor. He or she is 
liable for any violations of these regulations.

D. 880-X-8I-.08, Reclamation Plan: General Requirements

    Alabama proposes to add two additional sentences to section 880-X-
8I-.08(2)(d) to read as follows:

    A demonstration of the suitability of topsoil substitutes or 
supplements shall be based upon analysis of the thickness of soil 
horizons, total depth, texture, percent coarse fragments, pH, and 
areal extent of the different kinds of soils. The regulatory 
authority may require other chemical and physical analyses, field-
site trials, or greenhouse tests if determined to be necessary or 
desirable to demonstrate the suitability of the topsoil substitutes 
or supplements.

E. 880-X-8I-.10, Subsidence Control Plan

    Alabama corrected a citation reference at 880-X-8I-.10(2)(h).

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, confined to issues pertinent to the notice, and 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-069-
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

[[Page 24435]]

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 May 11, 2000. 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 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, we may hold a public meeting rather than a public 
hearing. 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 since 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.

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: April 13, 2000.
Ervin J. Barchenger,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 00-10389 Filed 4-25-00; 8:45 am]
BILLING CODE 4310-05-P


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