41842 Federal Register / Vol. 62, No. 149 / Monday, August 4, 1997 / Rules and Regulations

3See Release Nos. 33–6977 (Feb. 23, 1993) (58 FR

14628), IC–19284 (Feb. 23, 1993) (58 FR 14848), 35–

25746 (Feb. 23, 1993) (58 FR 14999), and 33–6980

(Feb. 23, 1993) (58 FR 15009) for a comprehensive

treatment of the rules adopted by the Commission

governing mandated electronic filing. See also

Release No. 33–7122 (Dec. 19, 1994) (59 FR 67752),

in which the Commission made the EDGAR rules

final and applicable to all domestic registrants, and

Release No. 33–7427 (July 1, 1997) (62 FR 36450),

adopting the most recent minor amendments to the

EDGAR rules.

4 17 CFR 249.325.

5See Release No. 34–38800 (July 1, 1997) (62 FR

36467), in which the Commission proposed to

require electronic filling of Form 13F via the

EDGAR system.

6 17 CFR 259.208. See Release No. 35–26667 (Feb.

14, 1997) (62 FR 7900). ab

7 5 U.S.C. 601–612.

8 5 U.S.C. 553(b).

9 15 U.S.C. 77f, 77g, 77h, 77j and 77s(a).

10 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w and 78ll.

11 15 U.S.C. 79t.

12 15 U.S.C. 77sss.

13 15 U.S.C. 80a–8, 80a–29, 80a–30 and 80a–37.

filing when preparing documents for

electronic submission.3

In this update, several submission

types have been added. First, EDGAR

submission types 13F–HR, 13F–HR/A,

13F–NT, and 13F–NT/A have been

added. These submission types will

accommodate the electronic submission

of reports on Form 13F 4 in the event

that the Commission amends its rules to

require mandatory electronic filing of

Form 13F.5

Also added are EDGAR submission

types U–9C–3 and U–9C–3/A. These

submission types are to be used by

public utility holding companies for the

submission of Form U–9C–3, Report

Pursuant to Rule 58.6

Finally, a new submission has been

added to accommodate electronic

submissions of certain filings by

companies whose filings are within the

purview of the Division of Corporation

Finance. Submission type POS EX has

been added to reflect the Commission’s

recent adoption of Rule 462(d) under

the Securities Act of 1933. This rule will

permit automatic effectiveness of a posteffective amendment filed solely to add

an exhibit.

The following submission types have

been eliminated from EDGAR: 10–C,

10–C/A, 486A24E, 486A24F, 486B24E,

48624F, 8–B12B, 8–B12B/A, 8–B12G, 8–

B12G/A, 8A12BEF, 8A12BT, and

8A12BT/A.

Rule 301 of Regulation S–T also is

being amended to provide for the

incorporation by reference of the Filer

Manual into the Code of Federal

Regulations, which incorporation by

reference was approved by the Director

of the Federal Register in accordance

with 5 U.S.C. 552(a) and 1 CFR part 51.

The revised Filer Manual and the

amendment to Rule 301 will be effective

on August 25, 1997.

Paper copies of the updated Filer

Manual may be obtained at the

following address: Public Reference

Room, U.S. Securities and Exchange

Commission, Mail Stop 1–2, 450 Fifth

Street, NW., Washington DC 20549.

Electronic format copies will be

available on the EDGAR electronic

bulletin board. Copies also may be

obtained from Disclosure Incorporated,

the paper and microfiche contractor for

the Commission, at (800) 638–8241.

Since the Filer Manual relates solely

to agency procedure or practice,

publication for notice and comment is

not required under the Administrative

Procedure Act.7 It follows that the

requirements of the Regulatory

Flexibility Act 8 do not apply.

The effective date for the updated

Filer Manual and the rule amendment is

on August 25, 1997. In accordance with

the Administrative Procedure Act 5

U.S.C. 553(d)(3), the Commission finds

that there is good cause to establish an

effective date less than 30 days after

publication of these rules. The EDGAR

system is scheduled to be upgraded to

Release 5.30 on August 23, 1997. The

Commission believes that it is necessary

to coordinate the effectiveness of the

updated Filer Manual with the

scheduled system upgrade in order to

avoid confusion to EDGAR filers.

Statutory Basis

The amendment to Regulation S–T is

being adopted under sections 6, 7, 8, 10,

and 19(a) of the Securities Act of 1933,9

sections 3, 12, 13, 14, 15, 23, and 35A

of the Securities Exchange Act of

1934,10 section 20 of the Public Utility

Holding Company Act of 1935,11 section

319 of the Trust Indenture Act of 1939,12

and sections 8, 30, 31, and 38 of the

Investment Company Act.13

List of Subjects in 17 CFR Part 232

Incorporation by reference;

Investment companies; Registration

requirements; Reporting and

recordkeeping requirements; Securities.

Text of the Amendment

In accordance with the foregoing,

Title 17, Chapter II of the Code of

Federal Regulations is amended as

follows:

PART 232—REGULATION S–T—

GENERAL RULES AND REGULATIONS

FOR ELECTRONIC FILINGS

1. The authority citation for part 232

continues to read as follows:

Authority: 15 U.S.C. 77f, 77g, 77h, 77j,

77s(a), 77sss(a), 78c(b), 78l, 78m, 78n, 78o(d),

78w(a), 78ll(d), 79t(a), 80a–8, 80a–29, 80a–30

and 80a–37.

2. Section 232.301 is revised to read

as follows:

§ 232.301 EDGAR Filer Manual.

Electronic filings shall be prepared in

the manner prescribed by the EDGAR

Filer Manual, promulgated by the

Commission, which sets out the

technical formatting requirements for

electronic submissions. The August

1997 edition of the EDGAR Filer

Manual: Guide for Electronic Filing with

the U.S. Securities and Exchange

Commission (Release 5.30) is

incorporated into the Code of Federal

Regulations by reference, which action

was approved by the Director of the

Federal Register in accordance with 5

U.S.C. 552(a) and 1 CFR Part 51.

Compliance with the requirements

found therein is essential to the timely

receipt and acceptance of documents

filed with or otherwise submitted to the

Commission in electronic format. Paper

copies of the EDGAR Filer Manual may

be obtained at the following address:

Public Reference Room, U.S. Securities

and Exchange Commission, Mail Stop

1–2, 450 5th Street, NW., Washington,

DC 20549. They also may be obtained

from Disclosure Incorporated by calling

(800) 638–8241. Electronic format

copies are available through the EDGAR

electronic bulletin board. Information

on becoming an EDGAR E-mail/

electronic bulletin board subscriber is

available by contacting CompuServe

Inc. at (800) 576–4247.

By the Commission.

Dated: July 29, 1997.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 97–20413 Filed 8–1–97; 8:45 am]

BILLING CODE 8010–01–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 925

[SPATS No. MO–032–FOR]

Missouri Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: OSM is approving

amendment to the Missouri regulatory

program (hereinafter referred to as the

‘‘Missouri program’’) under the Surface
Federal Register / Vol. 62, No. 149 / Monday, August 4, 1997 / Rules and Regulations 41843

Mining Control and Reclamation Act of

1977 (SMCRA). Missouri proposed to

amend its revegetation success

guidelines by revising its special

requirements for ground cover density

on previously mined areas in the phase

III revegetation success standards

sections of its guidelines for pasture and

adding special requirements for ground

cover density on previously mined areas

in the phase III revegetation success

standards sections of its guidelines for

wildlife habitat, woodland, industrial/

commercial, residential, and recreation

lad uses. The amendment is intended to

revise the Missouri program to be

consistent with the corresponding

Federal regulations and improve

operational efficiency.

EFFECTIVE DATE: August 4, 1997.

FOR FURTHER INFORMATION CONTACT:

Russell W. Frum, Office of Surface

Mining, Mid-Continent Regional

Coordinating Center, Alton Federal

Building, 501 Belle Street, Alton,

Illinois 62002. Telephone: (618) 463–

6460.

SUPPLEMENTARY INFORMATION:

I. Background on the Missouri Program

II. Submission of the Proposed Amendment

III. Director’s Findings

IV. Summary and Disposition of Comments

V. Director’s Decision

VI. Procedural Determinations

I. Background on the Missouri Program

On November 21, 1980, the Secretary

of Interior conditionally approved the

Missouri program. General background

information on the Missouri program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval of the Missouri

program can be found in the November

21, 1980, Federal Register (45 FR

77017). Subsequent actions concerning

Missouri’s program and program

amendments can be found at 30 CFR

925.12, 925.15, and 925.16.

II. Submission of the Proposed

Amendment

By letter dated April 16, 1997

(Administrative Record No. MO–649),

Missouri submitted a proposed

amendment to its program pursuant to

SMCRA. Missouri submitted the

proposed amendment at its own

initiative.

OSM announced receipt of the

proposed amendment in the April 29,

1997, Federal Register (62 FR 23194),

and in the same document opened the

public comment period and provided an

opportunity for a public hearing or

meeting on the adequately of the

proposed amendment. The public

comment period closed on May 29,

1997. Because no one requested a public

hearing or meeting, none was held.

By letter dated May 29, 1997

(Administrative Record No. MO–649.3),

Missouri submitted revisions to its

proposed program amendment.

Missouri proposed to withdraw the

portion of its proposed amendment

pertaining to the optional use of county

average yields for determining prime

farmland revegetation success and to

revise the portion of its proposed

amendment pertaining to special

requirements for ground cover density

on previously mined areas reclaimed to

a pasture land use. Missouri submitted

the revisions at its own initiative.

Based upon the revisions to the

proposed program amendment

submitted by Missouri, OSM reopened

the public comment period in the June

10, 1997, Federal Register (62 FR

31541). The public comment period

closed on June 25, 1997.

III. Director’s Findings

Set forth below, pursuant to SMCRA

and the Federal regulations at 30 CFR

732.15 and 732.17, are the Director’s

finding concerning the proposed

amendment.

Missouri proposed to amend its Phase

III revegetation success guidelines for

pasture, wildlife habitat, woodland,

industrial/commercial, residential, and

recreation land uses concerning the

standard to be applied to previously

mined land. Where the premining use

and the postmining use are the same,

Missouri proposed to require that the

ground cover on previously mined lands

be restored to at least its original

density, but not less than that necessary

to control erosion. If the premining use

and postmining use are not the same or

the premining ground cover was not

recorded before the area’s redisturbance,

the permittee shall establish a ground

cover density of 70 percent. The ground

cover shall be determined once during

the last year of the five-year liability

period. Productivity testing is not

required on pasture land that was

previously mined. The proposal revises

the current guidelines for reclamaining

previously mined areas to pasture.

Missouri currently does not have any

provision for reclamining previously

mined areas to wildlife habitat,

woodland, industrial/commercial,

residential, or recreation land uses.

There are no direct Federal regulation

counterparts for reclaiming previously

mined lands to a specific land use.

However, the Federal regulations at 30

CFR 816.116/817.116(b)(5) and

Missouri’s regulations at 10 CSR

40.3.120/3.270(6)(B)2.I require that

vegetative ground cover for areas

previously disturbed by mining that

were not reclaimed to permanent

program performance standards and that

are remined, or otherwise redisturbed

by surface coal mining operations, shall

be no less than the ground cover

existing before redisturbance and shall

be adequate to control erosion. The

Federal regulations at 30 CFR 816.116/

817.116(c)(2)(ii) require that the

vegetative parameters of areas

previously disturbed by mining shall

equal or exceed the applicable success

standard during the growing season of

the last year of the responsibility period.

The portion of Missouri’s proposal in

which the premining use and the

postmining use are the same contains

substantively identical requirements as

the Federal regulations for areas

previously disturbed by mining in that

the vegetative ground cover shall be not

less than the ground cover existing

before redisturbance and shall be

adequate to control erosion. Therefore,

the Director finds that these revisions to

Missouri’s revegetation success

guidelines are no less effective than the

Federal regulations at 30 CFR 816.116/

817.116(b)(5).

The portion of Missouri’s proposal in

which the premining use and the

postmining use are not the same or the

premining ground cover density was not

recorded before the area’s redisturbance,

when read in combination with the

Missouri regulations at 10 CSR

40.3.120/3.270(6)(B)2.I which require

that ground cover on redisturbed sites

be adequate to control erosion, ensures

that the 70 percent ground cover

requirement is a minimum density

standard that will be adjusted upward if

the density is not adequate to control

erosion. Therefore, the Director finds

these proposed revisions are no less

effective than the Federal regulations at

30 CFR 816.116/817.116(b)(5).

Additionally, the Director finds that

the portion of Missouri’s proposal

which requires that the ground cover be

determined once during the last year of

the five-year liability period is

consistent with and no less effective

than the Federal requirements at 30 CFR

816.116/817.116(c)(2)(ii).

IV. Summary and Disposition of

Comments

Public Comments

OSM solicited public comments on

the proposed amendment, but none

were received.

Federal Agency Comments

Pursuant to 30 CFR 732.17(h)(11)(i),

the Director solicited comments on the

proposed amendment from various
41844 Federal Register / Vol. 62, No. 149 / Monday, August 4, 1997 / Rules and Regulations

Federal agencies with an actual or

potential interest in the Missouri

program. No comments were received

from the Federal agencies.

Environmental Protection Agency (EPA)

Pursuant to 30 CFR 732.17(h)(11)(ii),

OSM is required to obtain the written

concurrence of the EPA with respect to

those provisions of the proposed

program amendment that relate to air or

water quality standards promulgated

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 Missouri proposed

to make in this amendment pertain to

air or water quality standards.

Therefore, OSM did not request the

EPA’s concurrence.

Pursuant to 732.17(h)(11)(i), OSM

solicited comments on the proposed

amendment from the EPA

(Administrative Record No. MO–649.1).

The EPA did not respond to OSM’s

request.

State Historical Preservation Officer

(SHPO) and the Advisory Council on

Historic Preservation (ACHP)

Pursuant to 30 CFR 732.17(h)(4), OSM

is required to solicit comments on

proposed amendments which may have

an effect on historic properties from the

SHPO and ACHP. OSM solicited

comments on the proposed amendment

from the SHPO and ACHP

(Administrative Record No. MO–649.1).

Neither the SHPO nor ACHP responded

to OSM’s request.

V. Director’s Decision

Based on the above findings, the

Director approves the proposed

amendment as submitted by Missouri

on April 16, 1997, and as revised on

May 29, 1997, concerning revisions to

its revegetation success guidelines that

revised or added special requirements

for ground cover density on previously

mined areas in the phase III revegetation

success standards sections of its

guidelines for pasture, wildlife habitat,

woodland, industrial/commercial,

residential, and recreation land uses.

The Director approves the revegetation

success guidelines as proposed by

Missouri with the provision that they be

fully implemented in identical form to

those submitted to and reviewed by

OSM and the public.

The Federal regulations at 30 CFR

part 925, codifying decisions concerning

the Missouri program, are being

amended to implement this decision.

This final rule is being made effective

immediately to expedite the State

program amendment process and to

encourage States to bring their programs

into conformity with the Federal

standards without undue delay.

Consistency of State and Federal

standards is required by SMCRA.

VI. 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 regulatory 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.

Narional 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 corresponding 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

corresponding 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 925

Intergovernmental relations, Surface

mining, Underground mining.

Dated: July 21, 1997.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

For the reasons set out in the

preamble, 30 CFR part 925 is amended

as set forth below:

PART 925—MISSOURI

1. The authority citation for part 925

continues to read as follows:

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

2. Section 925.15 is amended in the

table by adding a new entry in

chronological order by ‘‘Date of final

publication’’ to read as follows:

§ 925.15 Approval of Missouri regulatory

program amendments.

* * * * *

Original amendment submission date Date of final publication Citation/description

* * * * * * *

April 16, 1997 ..................... August 4, 1997 ................... Section I of Phase III Revegetation Success Standards for Pasture, Wildlife Habitat,

Woodland, Industrial/Commercial, Residential, and Recreation.
Federal Register / Vol. 62, No. 149 / Monday, August 4, 1997 / Rules and Regulations 41845

[FR Doc. 97–20400 Filed 8–1–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 944

[UT–035–FOR]

Utah Regulatory Program and Utah

Abandoned Mine Land Reclamation

Plan

AGENCY: Office of Surface Mining

Reclamation and Enforcement, Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: The Office of Surface Mining

Reclamation and Enforcement (OSM) is

approving a proposed amendment to the

Utah regulatory program and Utah

abandoned mine land reclamation

(AMLR) plan (hereinafter, the ‘‘Utah

program and plan’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). Utah proposed revisions

to and additions of statutes pertaining to

the definition for ‘‘adjudicative

proceeding’’; schedule of applicant’s

mining law violations and remining

operation violations resulting from

unanticipated events or conditions;

location of informal conferences;

performance standards for all coal

mining and reclamation operations and

approximate original contour variances

for surface coal mining operations;

requirements regarding surface effects of

underground coal mining, repair or

compensation for damage, replacement

of water, suspension of underground

mining upon finding of immediate

danger to inhabitants at the surface, and

applicability to other chapters; contest

of violation or amount of civil penalty;

and lands and waters eligible for

expenditure of AMLR funds. The

amendment was intended to revise the

Utah program and plan to be consistent

with SMCRA and to improve

operational efficiency.

EFFECTIVE DATE: August 4, 1997.

FOR FURTHER INFORMATION CONTACT:

James F. Fulton, Chief, Denver Field

Division; telephone: (303) 844–1424;

Internet address:

WWW.JFULTONOSMRE.GOV.

SUPPLEMENTARY INFORMATION:

I. Background on the Utah Program and

Plan

On January 21, 1981, the Secretary of

the Interior conditionally approved the

Utah program; on June 3, 1983, the

Secretary approved the Utah plan.

General background information on the

Utah program and plan, including the

Secretary’s findings, the disposition of

comments, and the conditions of

approval of the Utah program can be

found in the January 21, 1981, and June

3, 1983, publications of the Federal

Register (46 FR 5899 and 48 FR 24876).

Subsequent actions concerning Utah’s

program and program amendments can

be found at 30 CFR 944.15, 944.16, and

944.30. Subsequent actions concerning

Utah’s plan amendments can be found

at 30 CFR 944.25.

II. Proposed Amendment

By letter dated May 27, 1997, Utah

submitted a proposed amendment to its

program and plan (administrative record

No. UT–1090) pursuant to SMCRA (30

U.S.C. 1201 et seq.). Utah submitted the

proposed amendment in response to

required program amendments at 30

CFR 944.16 (e) through (i), in response

to a June 5, 1996, letter (administrative

record No. UT–1083) that OSM sent to

Utah in accordance with 30 CFR

732.17(c), and at its own initiative. The

provisions of the Utah coal mining and

reclamation statute that Utah proposed

to revise or add were: Utah Code

Annotated (UCA) 40–10–3(1), definition

for ‘‘adjudicative proceeding’’; UCA 40–

10–11 (3) and (5), schedule of

applicant’s mining law violations and

remining operation violations resulting

from unanticipated events or

conditions; UCA 40–10–13(2), location

of informal conferences; UCA 40–10–17

(2), (3), and (4), performance standards

for all coal mining and reclamation

operations and approximate original

contour variances for surface coal

mining operations; UCA 40–10–18 (1)

through (15), 18.1, and 18.2,

requirements regarding surface effects of

underground coal mining, repair or

compensation for damage, replacement

of water, suspension of underground

mining upon finding of immediate

danger to inhabitants at the surface, and

applicability of other chapter

provisions; UCA 40–10–20(2) (2)(e),

contest of violation or amount of civil

penalty; and UCA 40–10–25(6), lands

and waters eligible for expenditure of

AMLR funds.

OSM announced receipt of the

proposed amendment in the June 13,

1997, Federal Register (62 FR 32255),

provided an opportunity for a public

hearing or meeting on its substantive

adequacy, and invited public comment

on its adequacy (administrative record

No. UT–1095). Because no one

requested a public hearing or meeting,

none was held. The public comment

period ended on July 14, 1997.

III. Director’s Findings

As discussed below, the Director, in

accordance with SMCRA, 30 CFR

732.15 and 732.17, and 30 CFR 884.14

and 884.15, finds that the proposed

program and plan amendment

submitted by Utah on May 27, 1997, is

no less stringent than SMCRA and

consistent with SMCRA. Accordingly,

the Director approves the proposed

amendment.

1. Nonsubstantive Revisions to Utah’s

Statutes

Utah proposed revisions to the

following previously-approved statutes

concerning underground mining that are

nonsubstantive in nature and consist of

minor editorial, punctuation,

grammatical, and recodification changes

(corresponding SMCRA provisions are

listed in parentheses):

UCA 40–10–17 (2) (j)(ii)(B), (p) (ii)

and (iii); (3) (a) and (c); and (4), (4) (a)

and (d), performance standards for all

coal mining and reclamation operations,

and approximate original contour

variances for surface coal mining

operations (sections 515 (b) (10)(B)(ii),

(16) (B) and (C); (c) (2) and (6); and (d),

(d) (1) and (4) of SMCRA),

UCA 40–10–18(1), adoption of rules

for control of surface effects of

underground coal mining operations

(section 516(a) of SMCRA),

UCA 40–10–18(2), requirements for

underground coal mining permits

(section 516(b) of SMCRA),

UCA 40–10–18(3) (a), (a) (i) through

(iii), and (b), prevention of subsidence

effects (section 516(b)(1) of SMCRA),

UCA 40–10–18(4), filling or sealing of

portals, entryways, drifts, shafts, or

other openings (section 516(b)(2) of

SMCRA),

UCA 40–10–18(5), sealing of

exploratory holes and return of mine

waste to mine workings or excavations

(section 516(b)(3) of SMCRA),

UCA 40–10–18(6) (a), (b), and (b) (i)

through (iii), surface disposal of mine

waste (section 516(b)(4) of SMCRA),

UCA 40–10–18(7), dams or

embankments constructed of coal mine

waste (section 516(b)(5) of SMCRA),

UCA 40–10–18 (8), (8) (a) and (b),

revegetation (section 516(b)(6) of

SMCRA),

UCA 40–10–18(9), protection of

offsite areas from damage (section

516(b)(7) of SMCRA),

UCA 40–10–18(10), elimination of fire

hazards and public health and safety

hazards (section 516(b)(8) of SMCRA),

UCA 40–10–18 (11), (11)(a), and

(11)(a) (i) through (iii), minimization of

disturbances of the prevailing

hydrologic balance (section 516(b)(9)(A)

of SMCRA),