Federal Register / Vol. 62, No. 146 / Wednesday, July 30, 1997 / Proposed Rules 40773

within 30 days after the publication of

the notice, giving the reason why the

application should not be refused or the

medicated feed mill license should not

be revoked, together with a wellorganized and full-factual analysis of

the information he is prepared to prove

in support of his opposition to the

Commissioner’s proposal. A request for

a hearing may not rest upon mere

allegations or denials, but must set forth

specific facts showing there is a genuine

and substantial issue of fact that

requires a hearing. When it clearly

appears from the information in the

application and from the reasons and

factual analysis in the request for the

hearing that no genuine and substantial

issue of fact precludes the refusal to

approve the application or the

revocation of approval of the

application, the Commissioner will

enter an order on this information,

stating his findings and conclusions. If

a hearing is requested and is justified by

the applicant’s response to the notice of

opportunity for a hearing, the issues

will be defined, an Administrative Law

Judge will be named, and he shall issue

a written notice of the time and place at

which the hearing will commence. In

the case of denial of approval, such time

shall be not more than 90 days after the

expiration of such 30 days unless the

Administrative Law Judge and the

applicant otherwise agree; and, in the

case of withdrawal of approval, such

time shall be as soon as practicable.

(d) The hearing will be open to the

public; however, if the Commissioner

finds that portions of the application

which serve as a basis for the hearing

contain information concerning a

method or process entitled to protection

as a trade secret, the part of the hearing

involving such portions will not be

public, unless the respondent so

specifies in his appearance.

§ 515.31 Procedures for hearings.

Hearings relating to new animal drugs

under section 512(m)(3) and (m)(4) of

the Federal Food, Drug, and Cosmetic

Act shall be governed by part 12 of this

chapter.

Subpart D—Judicial Review

§ 515.40 Judicial review.

The transcript and record shall be

certified by the Commissioner of Food

and Drugs. In any case in which the

Commissioner enters an order without a

hearing under § 314.200(g) of this

chapter, the request(s) for hearing

together with the data and information

submitted and the Commissioner’s

findings and conclusions shall be

included in the record certified by the

Commissioner.

PART 558—NEW ANIMAL DRUGS FOR

USE IN ANIMAL FEEDS

21. The authority citation for 21 CFR

part 558 continues to read as follows:

Authority: Secs. 512, 701 of the Federal

Food, Drug, and Cosmetic Act (21 U.S.C.

360b, 371).

§ 558.3 [Amended]

22. Section 558.3 Definitions and

general considerations applicable to this

part is amended in paragraphs (b)(2)

and (b)(5) by removing the phrase ‘‘an

application approved under 514.105(a)

of this chapter’’ and in paragraphs

(b)(3)and (b)(4) by removing the phrase

‘‘an application approved under

§ 514.105(b) of this chapter’’ and adding

in their places ‘‘a medicated feed mill

license application approved under

§ 515.20 of this chapter’’.

23. Section 558.4 is amended by

revising the section heading and

paragraphs (a), (b), and (c) to read as

follows:

§ 558.4 Requirement of a medicated feed

mill license.

(a) A feed manufacturing facility must

possess a medicated feed mill license in

order to manufacture a Type B or Type

C medicated feed from a Category II,

Type A medicated article.

(b) The manufacture of the following

types of feed are exempt from the

required license, unless otherwise

specified:

(1) Type B or Type C medicated feed

using Category I, Type A medicated

articles or Category I, Type B or Type C

medicated feeds; and

(2) Type B or Type C medicated feed

using Category II, Type B or Type C

medicated feeds.

(c) The use of Type B and Type C

medicated feeds shall conform to the

conditions of use provided for in

subpart B of this part and in §§ 510.515

and 558.15 of this chapter.

* * * * *

Dated: July 22, 1997.

William B. Schultz,

Deputy Commissioner for Policy.

[FR Doc. 97–19820 Filed 7–29–97; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 924

[SPATS No. MS–012–FOR]

Mississippi Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing.

SUMMARY: OSM is announcing receipt of

a proposed amendment to the

Mississippi regulatory program

(hereinafter the ‘‘Mississippi program’’)

under the Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

proposed amendment consists of

revisions to the Mississippi Surface Coal

Mining and Reclamation Law pertaining

to definitions, reorganization, adoption

of rules and regulations, small operator

assistance program, permit applications,

permit fees, reclamation plans,

performance bonds, permit issuance,

permit reissuance, permit revision,

public participation, public hearings,

formal hearings, confidentiality claims,

environmental protection performance

standards, postmining land use,

underground coal mining, mine

entrance signs, violation complaints,

civil penalties, bond release, bond

forfeiture, suspension and revocation of

permits, designating lands unsuitable

for surface coal mining, and creation of

a ‘‘Surface Coal Mining and

Reclamation Fund.’’ The amendment is

intended to revise the Mississippi

program to be consistent with SMCRA,

clarify ambiguities, and improve

operational efficiency.

This document sets forth the times

and locations that the Mississippi

program and proposed amendment to

that program are available for public

inspection, the comment period during

which interested persons may submit

written comments on the proposed

amendment, and the procedures that

will be followed regarding the public

hearing, if one is requested.

DATES: Written comments must be

received by 4:00 p.m., c.d.t., August 29,

1997. If requested, a public hearing on

the proposed amendment will be held

on August 25, 1997. Requests to speak

at the hearing must be received by 4:00

p.m., c.d.t. on August 14, 1997.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to Arthur
40774 Federal Register / Vol. 62, No. 146 / Wednesday, July 30, 1997 / Proposed Rules

W. Abbs, Director, Birmingham Field

Office, at the address listed below.

Copies of the Mississippi program, the

proposed amendment, a listing of any

scheduled public hearings, and all

written comments received in response

to this document will be available for

public review at the address listed

below during normal business hours,

Monday through Friday, excluding

holidays. Each requester may receive

one free copy of the proposed

amendment by contacting OSM’s

Birmingham Field Office.

Arthur W. Abbs, Director,

Birmingham Field Office, Office of

Surface Mining Reclamation and

Enforcement, 135 Gemini Circle, Suite

215, Homewood, Alabama 35209,

Telephone: (205) 290–7282.

Mississippi 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.

SUPPLEMENTARY INFORMATION:

I. Background on the Mississippi

Program

On September 4, 1980, the Secretary

of the Interior conditionally approved

the Mississippi program. Background

information on the Mississippi program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the September 4, 1980, Federal Register

(45 FR 58520). Subsequent actions

concerning the conditions of approval

and program amendments can be found

at 30 CFR 924.10, 924.12, and 924.16.

II. Description of the Proposed

Amendment

By letter dated May 6, 1997

(Administrative Record No. MS–0338),

Mississippi submitted a proposed

amendment to its program pursuant to

SMCRA. Mississippi submitted the

proposed amendment in response to the

required amendment at 30 CFR 924.16.

On March 10, 1997, the Governor of

Mississippi signed Senate Bill No. 2725,

which contains both substantive and

nonsubstantive changes to the

Mississippi Surface Coal Mining and

Reclamation Law (Mississippi Code of

1972). The full text of the proposed

program amendment submitted by

Mississippi is available for public

inspection at the locations listed above

under ADDRESSES. A brief discussion of

the proposed amendment is presented

below.

A. Nonsubstantive Changes to the

Mississippi Code of 1972

Mississippi proposes minor wording

changes, citation corrections, revised

paragraph notations, and other

organizational changes resulting from

this amendment throughout its statutes,

including the following sections: § 53–

9–3, Legislative findings and

declarations; § 53–9–5, Purpose; § 53–9–

19, Financial interest of persons

employed under this chapter—

penalty—monitoring and enforcement;

§ 53–9–21, Surface coal mining and

reclamation permit—term—

extensions—use by successor in

interest—termination; § 53–9–49,

Authorized departures from

performance standards; § 53–9–51,

Records, reports and equipment to be

maintained by permittees—evaluation

of results—specification of monitoring

sites—entry and inspection—release of

materials to public; § 53–9–61, Criminal

penalties—resisting, preventing,

impeding, or interfering with

performance of duties; § 53–9–63,

Nonexclusivity of penalty provisions;

§ 53–9–73, Cooperation with secretary

of interior; § 53–9–75, Application of

chapter to public corporations; § 53–9–

83, Lease of state coal deposits; § 53–9–

85, Enforcement and protection of water

rights; and § 53–9–87, Training,

examination, and certification of

persons responsible for blasting.

B. Statutes Removed From the

Mississippi Code of 1972

The following statutes were repealed:

§ 53–9–13, Creation of surface mining

and reclamation operations section;

§ 53–9–15, Creation of surface mining

review board; § 53–9–17, Director of

bureau of geology and energy

resources—powers and duties; § 53–9–

59, Criminal penalties—failure to make

or making of false statement,

representation or certification; § 53–9–

79, Review board—judicial review of

decision; and § 53–9–91, Fees.

C. Substantive Changes to the

Mississippi Code of 1972

1. Section 53–9–7, Definitions.

Mississippi amended its definition

section by deleting old terms, adding

new terms, and revising existing terms

as follows:

The following previously approved

defined terms were removed: § 53–9–

7(a), Act; § 53–9–7(b), Administrator;

§ 53–9–7(d), Bureau; § 53–9–7(e), Chief;

§ 53–9–7(i), Director; § 53–9–7(j),

Division; § 53–9–7(r), Public Law 95–87;

§ 53–9–7(t), Review board; and § 53–9–

7(u), Section.

A definition for the term ‘‘Appeal’’

was added at § 53–9–7(a) to mean ‘‘an

appeal to an appropriate court of the

state taken from a final decision of the

permit board or commission made after

a formal hearing before that body.’’

At § 53–9–7(b), the term

‘‘Approximate original contour’’ was

revised by adding language which

allows water impoundments on

reclaimed areas if the permit board

determines that the impoundments are

in compliance with § 53–9–45(2)(g).

At § 53–9–7(c), the terminology ‘‘As

recorded in the minutes of the permit

board’’ was defined as ‘‘the date of the

permit board meeting at which the

action concerned is taken by the permit

board.’’

At § 39–9–7(d), the term ‘‘Coal’’ was

revised to mean ‘‘combustible

carbonaceous rock, classified as

anthracite, bituminous, subbituminous,

or lignite by the American Society of

Testing and Materials.’’

At § 53–9–7(e), the term

‘‘Commission’’ was revised to mean

‘‘the Mississippi Commission on

Environmental Quality.’’

At § 53–9–7(f), the term ‘‘Department’’

was revised to mean ‘‘the Mississippi

Department of Environmental Quality.’’

At § 53–9–7(g), the term ‘‘Executive

Director’’ was defined as ‘‘the executive

director of the department.’’

At § 53–9–7(i), the term ‘‘Federal Act’’

was defined as ‘‘the Surface Mining

Control and Reclamation Act of 1977, as

amended, which is codified as Section

1201 et seq. of Title 30 of the United

States Code.’’

At § 53–9–7(j), the term ‘‘Formal

hearing’’ was defined to mean ‘‘a

hearing on the record, as recorded and

transcribed by a court reporter, before

the commission or permit board where

all parties to the hearing are allowed to

present witnesses, cross-examine

witnesses and present evidence for

inclusion into the record, as appropriate

under rules promulgated by the

commission or permit board.’’

A definition for ‘‘Interested party’’

was added at § 53–9–7(l) to mean ‘‘any

person claiming an interest relating to

the surface coal mining operation and

who is so situated that the person may

be affected by that operation, or in the

matter of regulations promulgated by

the commission, any person who is so

situated that the person may be affected

by the action.’’

At § 53–9–7(m), the term ‘‘Lignite’’

was defined as ‘‘consolidated lignite

coal having less than eight thousand

three hundred (8,300) British thermal

units per pound, moist and mineral

matter free.’’

At § 53–9–7(p), the term ‘‘Permit

area’’ was revised by adding the

requirement that the permit area be
Federal Register / Vol. 62, No. 146 / Wednesday, July 30, 1997 / Proposed Rules 40775

covered by the operator’s performance

bond.

At § 53–9–7(q), the term ‘‘Permit

board’’ was defined to mean the permit

board created under Section 49–17–28.’’

At § 53–9–7(r), the term ‘‘Person’’ was

revised by adding a joint venture,

cooperative, and any agency, unit or

instrumentality of federal, state or local

government, including any publicly

owned utility or publicly owned

corporation to those who are considered

a person.

The terms ‘‘Public hearing,’’

‘‘informal hearing,’’ or ‘‘public meeting’’

were defined at § 53–9–7(t) to mean ‘‘a

public forum organized by the

commission, department or permit

board for the purpose of providing

information to the public regarding a

surface coal mining and reclamation

operation or regulations proposed by the

commission and at which members of

the public are allowed to make

comments or ask questions or both of

the commission, department or the

permit board.’’

At § 53–9–7(v), the term ‘‘Revision’’

was defined to mean ‘‘any change to the

permit or reclamation plan that does not

significantly change the effect of the

mining operation on either those

persons impacted by the permitted

operations or on the environment,

including, but not limited to, incidental

boundary changes to the permit area or

a departure from or change within the

permit area, incidental changes in the

mining method or incidental changes in

the reclamation plan.’’

The term ‘‘State geologist’’ was

defined at § 53–9–7(x) to mean ‘‘the

head of the office of geology and energy

resources of the department or a

successor office.’’

At § 53–9–7(aa), the terminology

‘‘Unwarranted failure to comply’’ was

revised to mean ‘‘the failure of a

permittee to prevent or abate the

occurrence of any violation of a permit,

this chapter or any regulations

promulgated under this chapter due to

indifference, lack of diligence or lack of

reasonable care.’’

2. Section 53–9–9, General

Responsibilities of the Department of

Environmental Quality, the Commission

on Environmental Quality, and the

Permit Board. The Department of

Environmental Quality is designated as

the agency to administer the Mississippi

program. The Commission on

Environmental Quality is designated as

the body to enforce the Mississippi

program, including the issuance of

penalty orders, promulgation of

regulations, and designation of lands

unsuitable for surface coal mining. The

Permit board is designated as the body

to issue, modify, revoke, transfer,

suspend, and reissue permits and to

require, modify or release performance

bonds.

3. Section 53–9–11, Promulgation of

Rules and Regulations by Commission

on Environmental Quality. Section 53–

9–11(1) was revised to clarify the

Commission on Environmental

Quality’s (commission) authority and

responsibilities for rules and

regulations. The commission may adopt,

modify, repeal, and promulgate rules

and regulations after notice and hearing

and in accordance with the Mississippi

Administrative Procedures Law. The

commission may also enforce rules and

regulations and make exceptions to and

grant exemptions and variances from

them where not otherwise prohibited by

Federal or State law. No exceptions,

exemptions or variances shall be less

stringent than rules and regulations

promulgated under SMCRA.

Section 53–9–11(1)(a)(iv) was revised

to reflect changes in and add to the list

of State agencies that are to receive

notice of the public hearing that is

required before the adoption of any

rules and regulations.

Section 53–9–11(1)(b) was revised by

requiring the publication of the notice of

the public hearing in one newspaper

instead of three.

Section 53–9–11(2) was revised by

adding a provision specifying that

failure of any person to submit

comments within the time period

established by the commission would

not preclude action by the commission.

4. Section 53–9–23, Permit

Reissuance. Section 53–9–23(3) was

revised by adding a provision that

allows an operator, if the application

was timely filed, to continue surface

coal mining operations until the permit

board takes action on his reissuance

application.

5. Section 53–9–25, Application fee—

contents of application—Insurance

Coverage—Blasting Plan. Section 53–9–

25(1)(a) was revised to require

information regarding ownership and

performance history of the applicant.

Also required is a statement as to

whether the applicant, subsidiary,

affiliate or persons controlled by or

under common control with the

applicant had held a mining permit

which in the five-year period before

filing of the application had been

suspended or revoked or the

performance bond forfeited.

Section 53–9–25(2)(b) was revised to

require that the insurance policy

include compensation to persons

damaged as a result of surface coal

mining and reclamation operations,

including use of explosives, and entitled

to compensation under applicable State

law.

Section 53–9–25(3) was added to

require the applicant to file a list of

administrative orders or notices of

violation issued under the State act, the

law of any state or the United States,

any rule or regulation of any department

or agency of any state or the United

States, related to air or water

environmental protection, incurred by

the applicant in connection with any

surface coal mining operation during

the three-year period preceding the

filing date of the application. The list

also must indicate the final resolution of

any orders or notices. This new

provision also specifies the conditions

and circumstances for which the Permit

board will issue or not issue a permit

after its review of the applicant and

operator’s violation history.

6. Section 53–9–27, Filing of

Application. Mississippi revised § 53–

9–27 by requiring an applicant to file a

copy of the application for public

inspection within 10 days after filing

with the permit board and by clarifying

the type of information that the

applicant may omit from the application

filed for public inspection if the

commission determines the information

to be confidential under § 53–9–43.

7. Section 53–9–29, Reclamation Plan.

Section 53–9–29(1) was revised by

adding the requirement that a

reclamation plan include an

identification of lands subject to surface

coal mining operations over the

estimated life of those operations.

At § 53–9–29(5), the applicant must

also include in the reclamation plan the

steps to be taken to comply with the

performance standards applicable to

reclamation.

8. Section 53–9–31, Filing, Deposit,

and Adjustment of Bond—Requirement

of Surety—Liability Under Bond.

Section 53–9–31(1) was revised by

adding the requirements that the

performance bond be filed before the

issuance of a permit and that the

amount of the bond be determined by

the permit board after consultation with

the state geologist.

Section 53–9–31(2) was revised by

adding ‘‘letters of credit’’ to the types of

bond allowed in lieu of a surety bond.

The banks which issue the alternative

types of bond must be insured by the

Federal Deposit Insurance Corporation

or the Federal Savings and Loan

Insurance Corporation or a similar

federal banking or savings and loan

insurance organization.

9. Section 53–9–33, Requisites for

Approval of Application for Permit—

Schedule of Notices of Violation—

Permit to Mine on Prime Farmland.
40776 Federal Register / Vol. 62, No. 146 / Wednesday, July 30, 1997 / Proposed Rules

Section 53–9–33 is amended to

authorize the permit board to issue,

deny, or modify a permit based upon a

complete application and to specify

general requirements for issuance or

modification of a permit, including

public notification and opportunity for

public hearing. The applicant for a

permit or modification of a permit shall

have the burden of establishing that the

application is in compliance with the

requirements of the Mississippi

program.

New subsection 53–9–33(4) specifies

that no transfer, assignment or sale of

the rights granted under any permit

shall be made without approval of the

permit board.

New subsection 53–9–33(5) requires

the permit board to review outstanding

permits and allows the permit board to

require reasonable modification of the

permit provisions during the term of the

permit.

10. Section 53–9–35, Permit Revisions.

This section was revised by specifying

that a decision by the executive director

to grant or deny a revision of a permit

shall be subject to formal hearing and

appeal. Existing subsections (2) and (3)

were removed and the substantive

provisions added to § 53–9–33.

11. Section 53–9–37, Advertisement of

Land Ownership—Public Comment on

Intention to Mine or Objections to

Application for Permit—Informal

Conferences—Authority of

Administrator to Conduct Hearings.

Several modifications were made to this

section regarding the notification and

publication requirements for a permit

application and requirements for public

hearings, including the following:

At the time of submission, the

applicant shall place the notice of land

ownership and location in a local and

regional newspaper of general

circulation in the county in which the

proposed mine is to be located. If no

local newspaper of general circulation

in the county is published, notice shall

be published in a regional newspaper

and in a newspaper of general statewide

circulation published in Jackson,

Mississippi.

The failure of any person to submit

comments within the time established

by the commission shall not preclude

action by the commission.

Any interested party may request a

public hearing within 45 days after the

last publication of the newspaper

notice. The permit board shall hold a

public hearing in the county of the

proposed surface coal mining and

reclamation operations within 90 days

after receipt of the first request for a

public hearing. The public hearing shall

be advertised once a week for four

consecutive weeks with the last notice

being published at least 30 days before

the scheduled public hearing date. Any

person requesting transcription of the

hearing record shall bear the costs of the

transcription. Upon request by an

interested party who requested a public

hearing, the permit board shall arrange

reasonable access to the area of the

proposed operation for the purpose of

gathering information relevant to the

proceeding. Access may not be provided

before the public hearing if requested in

less than one week of the hearing.

The permit board shall act upon a

complete permit application within 60

days after the date of the public hearing.

If no public hearing is requested or

required, the permit board shall act

within 60 days after the last publication

of the applicant’s newspaper notice. The

time frames may be extended if agreed

in writing by the department and the

applicant.

12. Section 53–9–39, Disposition of

Application for Permit—Manner of

Notifying Interested Parties—Hearing

Before Permit Board and Notification of

Decision—Temporary Relief—Right to

Judicial Appeal. Several modifications

were made to this section regarding

notification of the action taken by the

permit board on a permit application,

administrative review of the action, and

appeal of the final action, including the

following:

Within 14 days after issuing or

denying a permit or granting or denying

a modification to an existing permit, the

permit board shall notify by mail the

applicant, the mayor of each

municipality and the president of the

board of supervisors of each county in

which the permit area is located,

persons who submitted written

comments, and persons who requested

the public hearing. The notification

shall include a description of the permit

area and a summary of the mining and

reclamation plan. If the permit board

denies the permit, it shall provide the

applicant in writing specific reasons for

the denial.

Within 45 days after the action of the

permit board, the applicant or any other

interested party may request a formal

hearing. If the permit board fails to take

action within the time allowed under

§ 53–9–37, any interested party may

request a formal hearing on that failure

to act. Any formal hearing shall be

conducted within 60 days after receipt

of the first request for a formal hearing.

At the conclusion of the formal hearing

or within 30 days after the formal

hearing, the permit board shall enter in

its minutes a final decision affirming,

modifying and reversing its prior

decision to issue or deny the permit.

The permit board shall mail within

seven days after its final decision a

notice of that decision to the applicant

and all persons who participated as a

party in the formal hearing. The

deadlines may be extended by written

agreement of the parties.

13. Section 53–9–41, Coal Exploration

Permit. This section was modified by

deleting language regarding confidential

information. The language on

confidential information was added to

§ 53–9–43.

14. Section 53–9–43, Confidentiality

of Information. This section was

modified by removing the existing

language regarding issued permits

meeting all applicable performance

standards and by adding language on

the confidentiality of information. The

deleted language was added to § 53–9–

45. Section 53–9–43 now authorizes the

commission to determine

confidentiality claims and to provide

penalties for unauthorized disclosure of

confidential information. The applicant

must submit a written confidentiality

claim to the commission before the

submission of the information. The

commission shall promulgate rules and

regulations consistent with the

Mississippi Public Records Act

regarding access to confidential

information. A person convicted of

making unauthorized disclosures shall

be fined $1,000 and dismissed from

public office or employment.

15. Section 53–9–45, Promulgation of

Regulations and Performance Standards

Relating to Surface Mining—Variances.

This section was modified to require

surface coal mining and reclamation

permits to meet general environmental

protection performance standards by

adding the language from existing § 53–

9–43.

It was also amended to make various

clarifying language revisions to the

existing provisions concerning the

general environmental protection

performance standards that the

commission shall promulgate by

regulations, including the following:

At § 53–9–45(2)(c), the regulations

shall assure restoration of the

approximate original contour of the land

with all highwalls, spoil piles and

depressions eliminated, unless an

exception is provided under § 53–9–45.

At § 53–9–45(2)(g), the operator may

elect to impound water to provide lakes

or ponds for wildlife, recreational or

water supply purposes if it is a part of

the approved mining and reclamation

plan and if those impoundments are

constructed in accordance with

applicable Federal and state laws and

regulations.
Federal Register / Vol. 62, No. 146 / Wednesday, July 30, 1997 / Proposed Rules 40777

At § 53–9–45(2)(h), the regulations

shall govern the proper conduct of

augering operations or prohibit those

operations under certain circumstances.

At § 53–9–45(4)(b)(ii), additional

criteria was added for a variance from

the requirement to restore to

approximate original contour and to

reclaim the land to an industrial,

commercial, residential or public use.

Notification must be made to

appropriate Federal, state, and local

governmental agencies providing an

opportunity to comment on the

proposed use; the proposed postmining

land use must be compatible with

adjacent land uses and state and local

and land use planning; and the

proposed postmining land use must be

economically practical.

16. Section 53–9–47, Promulgation of

Regulations Relating to Surface Effects

of Underground Coal Mining. This

section was amended to make various

clarifying language revisions to the

existing provisions concerning the

surface effects of underground coal

mining operations that the commission

may promulgate by regulations,

including the following:

At § 53–9–47(1), the commission is

now given the option of promulgating

regulations regarding the surface effects

of underground coal mining operations.

Section 53–9–47(2)(d) was revised by

clarifying the contents of the waste piles

that must be stabilized. The operator

must stabilize all waste piles containing

mine wastes, tailings, coal processing

wastes, and other wastes in areas other

than the mine workings or excavations.

17. Section 53–9–53, Mine Entrance

Sign. This section was revised by adding

additional information that the mine

entrance sign must contain. The signs

must also state that questions and

complaints regarding the operation may

be directed to the department and it

must show the department’s telephone

number.

18. Section 53–9–55, Civil Penalties.

This section was amended to add new

provisions and make various clarifying

language revisions to the existing

provisions concerning administrative

enforcement and assessment of civil

penalties, including the following:

Section 53–9–55(1)(a) authorizes the

commission to issue a written compliant

for violations of the Mississippi

program. It specifies the content of the

written complaint and requires the

alleged violator to appear before the

commission not less than 20 days from

the date of the mailing or service of the

complaint. Section 53–9–55(1)(b)

requires the commission to offer an

opportunity for a formal hearing, and

allows the commission to assess

penalties. Section 53–9–55(1)(c)

specifies the requirements for proof of

service for notices or other instruments

issued by or under authority of the

commission.

Section 53–9–55(2) authorizes the

commission, after notice and

opportunity for a formal hearing, to

assess a civil penalty not to exceed

$25,000 per violation. If a cessation

order is issued under Section 53–9–69,

the commission shall assess a civil

penalty.

Section 53–9–55(3) is revised to allow

the commission to promulgate

regulations regarding a waiver from the

requirement to post a penalty payment

bond upon a showing by the operator of

an inability to post the bond.

Section 53–9–55(5) is revised to also

allow civil penalties to be recovered in

a civil action in the chancery or circuit

court of any county in which the surface

coal mining and reclamation operation

exists or in which the defendant may be

found.

New § 53–9–55(6) specifies that

‘‘provisions of this section and chapter

regarding liability for the costs of cleanup, removal, remediation or abatement

of any pollution, hazardous waste or

solid waste shall be limited as provided

in § 49–17–42 and rules promulgated

under that section.’’

19. Section 53–9–57, Criminal

Penalties. This section was revised to

provide criminal penalties for making

false statements, representations, and

certifications.

20. Section 53–9–65, Bond Release

and Bond Forfeiture. Section 53–9–65

was revised to authorize the permit

board to release performance bonds, to

clarify the existing public hearing

provisions, to provide for administrative

review and appeal of decisions of the

permit board, and to establish a

procedure for bond forfeiture.

21. Section 53–9–67, Civil Action.

Existing § 53–9–67(b), regarding a civil

action by a person who is injured in his

person or property through a violation

by an operator, was removed. New § 53–

9–67(6) specifies that ‘‘provisions of this

section and chapter regarding liability

for the costs of clean-up, removal,

remediation or abatement of any

pollution, hazardous waste or solid

waste shall be limited as provided in

§ 49–17–42 and rules promulgated

under that section.’’

22. Section 53–9–69, Inspection—

Cessation Order—Suspension or

Revocation of Permit—Hearing. This

section was amended to revise existing

procedures for inspections; issuance of

enforcement orders of the Commission

on Environmental Quality, Executive

Director or the Executive Director’s

authorized representative; suspension

and revocation of permits by the permit

board; formal hearings regarding

enforcement and suspension and

revocation of permits; and civil actions

to enforce orders.

23. Section 53–9–71, Designation of

Lands as Unsuitable for Surface Coal

Mining Operations. Section 53–9–71

was amended to modify the procedures

for petitioning to designate lands

unsuitable for surface coal mining and

reclamation and to revise the provisions

for public hearings and formal hearings.

24. Section 53–9–77, Formal Hearings.

This section was amended to provide

for administrative review and appeal of

decisions of the permit board and

commission and to provide for the

powers of the permit board and the

commission in conducting hearings.

25. Section 53–9–81, Exceptions. The

existing provision at § 53–9–81(c),

concerning the extraction of coal

incidental to the extraction of other

materials, was removed.

26. Section 53–9–89, Deposit of

Funds. Section 53–9–89 was amended

to create the ‘‘Surface Coal Mining and

Reclamation Fund’’; to create the

‘‘Surface Coal Mining Program

Operations Account’’ and the ‘‘Surface

Coal Mining Reclamation Account

within the fund; to provide for use of

the accounts; and to require certain

funds to be deposited into the fund.

Monies in the ‘‘Surface Coal Mining

Program Operations Account’’ are to be

used to pay the reasonable direct and

indirect costs of administering and

enforcing the Mississippi program.

Monies in the ‘‘Surface Coal Mining

Reclamation Account’’ are to be used to

pay for the reclamation of lands for

which bonds or other collateral were

forfeited. The ‘‘Surface Coal Mining

Program Operations Account’’ may

receive monies from any available

public or private source. The ‘‘Surface

Coal Mining Reclamation Account’’ may

receive monies from fines, penalties, the

proceeds from the forfeiture of bonds or

other collateral and interest.

D. Statues Added to the Mississippi

Code of 1972

1. Section 53–9–26, Small Operator

Assistance Program. This new section

authorizes the Mississippi Department

of Environmental Quality to provide

assistance to small operators of surface

coal mines.

2. Section 53–9–28, Permit Fees. This

new section requires permit fees for

surface coal mining and reclamation

permits and authorizes the Mississippi

Commission on Environmental Quality

to set those fees.
40778 Federal Register / Vol. 62, No. 146 / Wednesday, July 30, 1997 / Proposed Rules

3. Section 53–9–32, Application

Summary. This new section requires the

State Geologist (head of the Office of

Geology and Energy Resources) to

prepare a plain language summary of

the proposed surface coal mining and

reclamation operation based on a

complete application. The summary

shall be made available to the public.

III. Public Comment Procedures

In accordance with the provisions of

30 CFR 732.17(h), OSM is seeking

comments on whether the proposed

amendment satisfies the applicable

program approval criteria of 30 CFR

732.15. If the amendment is deemed

adequate, it will become part of the

Mississippi program.

Written Comments

Written comments should be specific,

pertain only to the issues proposed in

this rulemaking, and include

explanations in support of the

commenter’s recommendations.

Comments received after the time

indicated under ‘‘DATES’’ or at

locations other than the Birmingham

Field Office will not necessarily be

considered in the final rulemaking or

included in the Administrative Record.

Public Hearing

Persons wishing to speak at the public

hearing should contact the person listed

under FOR FURTHER INFORMATION

CONTACT by 4:00 p.m., c.d.t. on August

14, 1997. The location and time of the

hearing will be arranged with those

persons requesting the hearing. Any

disabled individual who has need for a

special accommodation to attend a

public hearing should contact the

individual listed under FOR FURTHER

INFORMATION CONTACT. If no one requests

an opportunity to speak at the public

hearing, the hearing will not be held.

Filing of a written statement at the

time of the hearing is requested as it

will greatly assist the transcriber.

Submission of written statements in

advance of the hearing will allow OSM

officials to prepare adequate responses

and appropriate questions.

The public hearing will continue on

the specified date until all persons

scheduled to speak have been heard.

Persons in the audience who have not

been scheduled to speak, and who wish

to do so, will be heard following those

who have been scheduled. The hearing

will end after all persons scheduled to

speak and persons present in the

audience who wish to speak have been

heard.

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. Persons wishing

to meet with OSM representatives to

discuss the proposed amendment may

request a meeting by contacting the

person listed under FOR FURTHER

INFORMATION CONTACT. All such meetings

will be open to the public and, if

possible, notices of meetings will be

posted at the locations listed under

ADDRESSES. A written summary of each

meeting will be made a part of the

Administrative Record.

IV. Procedural Determinations

Executive Order 12866

This rule is exempted from review by

the Office of Management and Budget

(OMB) under Executive Order 12866

(Regulatory Planning and Review).

Executive Order 12988

The Department of the Interior has

conducted the reviews required by

section 3 of Executive Order 12988

(Civil Justice Reform) and has

determined that, to the extent allowed

by law, 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 regulartory programs and

program amendments since each such

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 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

No environmental impact statement is

required for this rule since 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 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.

Accordingly, 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.

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 924

Intergovernmental relations, Surface

mining, Underground mining.

Dated: July 21, 1997.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

[FR Doc. 97–19962 Filed 7–29–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE TREASURY

31 CFR Part 103

RIN 1506–AA09, 1506–AA20

Financial Crimes Enforcement

Network; Bank Secrecy Act

Regulations; Money Services

Businesses—Stored Value Products

and Issuers, Sellers, and Redeemers of

Money Orders or Traveler’s Checks;

Open Working Meetings

AGENCY: Financial Crimes Enforcement

Network, Treasury.

ACTION: Meetings on proposed

regulations.

SUMMARY: The Financial Crimes

Enforcement Network (‘‘FinCEN’’) will

hold two working meetings to give

interested persons the opportunity to

discuss with FinCEN officials issues

arising under the proposed Bank