61712 Federal Register / Vol. 62, No. 223 / Wednesday, November 19, 1997 / Proposed Rules

persons should determine the

appropriate rulemaking to which data

should be submitted. Comments on

other vaginal drug products or issues

should not be submitted at this time.

Submit written comments on or

before February 17, 1998 to the Dockets

Management Branch (address above).

Three copies of any comments are to be

submitted, except that individuals may

submit one copy. If comments could be

submitted to several dockets, they may

be submitted to one docket and crossreferenced in the other docket(s). All

comments are to be identified with the

appropriate docket number(s) found in

brackets in the heading of this

document and may be accompanied by

a supporting memorandum or brief.

Received comments may be seen in the

office above between 9 a.m. and 4 p.m.,

Monday through Friday.

Dated: November 12, 1997.

William K. Hubbard,

Associate Commissioner for Policy

Coordination.

[FR Doc. 97–30410 Filed 11–18–97; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 918

[SPATS No. LA–017–FOR]

Louisiana 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 Louisiana

regulatory program (hererinfafter the

‘‘Louisiana program’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). The proposed

amendment consists of revisions to and/

or additions of regulations pertaining to

definitions, request for hearing,

permitting requirements, small operator

assistance program, bond release

requirements, performance standards,

and enforcement procedures/civil

penalties. The amendment is intended

to revise the Louisiana program to be

consistent with the corresponding

Federal regulations.

This document sets forth the times

and locations that the Louisiana

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.s.t., December

19, 1997. If requested, a public hearing

on the proposed amendment will be

held on December 15, 1997. Requests to

speak at the hearing must be received by

4:00 p.m., c.s.t. on December 4, 1997.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to Michael

C. Wolfrom, Director, Tulsa Field Office,

at the address listed below.

Copies of the Louisiana 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 addresses 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 Tulsa

Field Office.

Michael C. Wolfrom, Director, Tulsa

Field Office, Office of Surface Mining

Reclamation and Enforcement, 5100

East Skelly Drive, Suite 470, Tulsa,

Oklahoma 74135–6547, Telephone (918)

581–6430.

Department of Natural Resources,

Office of Conservation, Injection and

Mining Division, 625 N. 4th Street, P.O.

Box 94275, Baton Rouge, LA 70804,

Telephone: (504) 342–5540.

FOR FURTHER INFORMATION CONTACT:

Michael C. Wolfrom, Director, Tulsa

Field Office, Telephone (918) 581–6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Louisiana

Program

On October 10, 1980, the Secretary of

the Interior conditionally approved the

Louisiana program. General background

information on the Louisiana program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval of the Louisiana

program can be found in the October 10,

1980, Federal Register (45 FR 67340).

Subsequent actions concerning the

Louisiana program and program

amendments can be found at 30 CFR

918.15 and 918.16.

II. Description of the Proposed

Amendment

By letter dated October 24, 1997

(Administrative Record No. LA–362),

Louisiana submitted a proposed

amendment to its program pursuant to

SMCRA. Louisiana submitted the

proposed amendment in response to a

June 17, 1997, letter (Administrative

Record No. LA–361) that OSM sent to

Louisiana in accordance with 30 CFR

732.17(c). Louisiana proposes to amend

the Louisiana Surface Mining

Regulations. The full text of the

proposed program amendment

submitted by Louisiana is available for

public inspection at the locations listed

above under ADDRESSES. A brief

discussion of the proposed amendment

is presented below.

A. Section 105. Definitions

1. Louisiana proposes to revise its

definition for ‘‘other treatment

facilities.’’

2. Louisiana proposes to add a

definition for ‘‘previously mined area.’’

3. Louisiana proposes to add a

definition for ‘‘qualified laboratory.’’

B. Section 2537. Cross-Sections, Maps

and Plans

Louisiana proposes to delete

paragraph 2537.11. that requires crosssections, maps and plans in the permit

applications to show sufficient slope

measurements to adequately represent

the existing land surface configuration

of the proposed permit area.

C. Section 2725. Reclamation Plan:

Ponds, Impoundments, Banks, Dams

and Embankments

1. Louisiana proposes to revise

paragraph 2725.A. by adding ‘‘siltation

structure’’ to the types of ponds,

impoundments, banks, dams and

embankments requiring a general

reclamation plan, and by adding a

provision that requires each application

to include a detailed reclamation plan

for each proposed containment

structure.

2. At paragraph 2725.A.2., Louisiana

proposes to delete the existing language

and to replace it with language that adds

specific references to the U.S.

Department of Agriculture, Soil

Conservation Service Technical Release

No. 60 criteria for dam classification

and requires compliance with this

technical release if structures meet or

exceed the size or other criteria of the

Mine Safety and Health Administration.

3. Louisiana proposes to revise

paragraph 2725.A.3. to refer to

structures that are not included in

paragraph 2725.A.2.

4. At paragraph 2725.A.3.a., Louisiana

proposes to require qualified, registered,

professional engineers to certify all coal

processing waste dams and

embankments covered by sections 5375

through 5395.
Federal Register / Vol. 62, No. 223 / Wednesday, November 19, 1997 / Proposed Rules 61713

5. At section 2725, Louisiana

proposes to add new paragraph C.1. that

specifies that for impoundments not

included in paragraph 2725.A.2.,

engineering design standards shall

ensure stability comparable to a 1.3

minimum static safety factor in lieu of

engineering tests to establish

compliance with the minimum static

safety factor of 1.3 specified in section

5333.

6. Louisiana proposes to revise

paragraph 2725.F. by deleting the

phrase, ‘‘If the structure is 20 feet or

higher or impounds more than 20 acrefeet,’’ and replacing it with the phrase,

‘‘If the structure meets the Class B or C

criteria for dams in TR–60 or meets the

size or other criteria of 30 CFR

77.216(a).’’

D. Section 2907. Prime Farmland

At section 2907, Louisiana proposes

to add new paragraph C.5. to read as

follows:

The aggregate total prime farmland acreage

shall not be decreased from that which

existed prior to mining. Water bodies, if any,

to be constructed during mining and

reclamation operations must be located

within the post-reclamation non-prime

farmland portions of the permit area. The

creation of any such water bodies must be

approved by the regulatory authority and the

consent of all affected property owners

within the permit area must be obtained.

E. Section 3705. Eligibility for

Assistance

1. At paragraph 3705.A.2., Louisiana

proposes to change from 100,000 to

300,000 tons the probable total actual

and attributed production of coal that an

applicant for small operator assistance

cannot exceed during any consecutive

12-month period either during the term

of his or her permit or during the first

five years after issuance of his or her

permit, whichever period is shorter.

2. Currently at paragraph 3705.A.2.a.,

applicants for small operator assistance,

with an ownership interest in other coal

production operations, have a pro rata

share of coal produced by those

operations attributed to their total coal

production in any consecutive 12-

month period if they have more than a

five percent ownership interest in those

other coal production operations.

Louisiana proposes to change the

percentage of ownership interest from

more than five percent to more than ten

percent.

3. Currently at paragraph 3705.A.2.b.,

applicants for small operator assistance

have a pro rata share of coal produced

by other coal production operations

attributed to their total coal production

in any consecutive 12-month period if

the coal operators of the other coal

production operations have more than a

five percent ownership interest in the

applicant for small operator assistance.

Louisiana proposes to change the

percentage of ownership interest from

more than five percent to more than ten

percent.

F. Section 3711. Program Services and

Data Requirements

1. Louisiana proposes to revise

paragraph 3711.A. by adding the phrase,

‘‘and provide other services,’’ to closely

follow the Federal regulation at 30 CFR

795.9(a).

2. Louisiana proposes to revise

paragraph 3711.B.1. by adding the

phrase, ‘‘including the engineering

analyses and designs necessary for the

determination,’’ to closely follow the

Federal regulation at 30 CFR 795.9(b)(1).

3. Louisiana proposes to revise

paragraph 3711.B.2. by adding the

phrase, ‘‘the drilling and,’’ to closely

follow the Federal regulation at 30 CFR

795.9(b)(2).

4. Louisiana proposes to add new

paragraph 3711.B.3., ‘‘the development

of cross-section maps and plans

required by § 2537,’’ to closely follow

the Federal regulation at 30 CFR

795.9(b)(3).

5. Louisiana proposes to add new

paragraph 3711.B.4, ‘‘the collection of

archaeological and historic information

and related plans required by

§§ 2505.A.2. and 2731 and any other

archaeological and historic information

required by the office,’’ to closely follow

the Federal regulation at 30 CFR

795.9(b)(4).

6. Louisiana proposes to add new

paragraph 3711.B.5., ‘‘pre-blast surveys

required by § 2707; and’’ to closely

follow the Federal regulation at 30 CFR

795.9(b)(5).

7. Louisiana proposes to add new

paragraph 3711.B.6, ‘‘the collection of

site-specific resources information, the

production of protection and

enhancement plans for fish and wildlife

habitats required by § 2713, and

information and plans for any other

environmental values required by the

office under the act.’’ to closely follow

the Federal regulation at 30 CFR

795.9(b)(6).

G. Section 3717. Applicant Liability

1. At paragraph 3717.A., Louisiana

proposes to revise this paragraph by

adding the phrase, ‘‘A coal operator,’’

and by deleting the words ‘‘laboratory’’

and ‘‘performed’’ to closely follow the

Federal regulation at 30 CFR 795.12(a).

2. Louisiana proposes to revise

paragraph 3717.A.2. by replacing the

‘‘applicant’s’’ actual and attributed

annual production of coal for all

locations with the ‘‘operator’s’’ actual

and attributed annual production of coal

for all locations. Also, Louisiana

proposes to change the actual and

attributed annual production of coal for

all locations from 100,000 to 300,000

tons during the 12 months immediately

following the date on which the permit

was originally issued.

3. Louisiana proposes to revise

paragraph 3717.A.3. concerning permits

that are sold, transferred, or assigned by

changing the transferee’s total actual

and attributed annual production of coal

from 100,000 to 300,000 tons during the

12 months immediately following the

date on which the permit was originally

issued.

H. Section 4501. Procedures for Seeking

Release of Performance Bond

1. Louisiana proposes to add new

paragraph 4501.A.3. to read as follows:

The permittee shall include in the

application for bond release a notarized

statement which certifies that all applicable

reclamation activities have been

accomplished in accordance with the

requirements of the Act, the regulatory

program, and the approved reclamation plan.

Such certification shall be submitted for each

application or phase of bond release.

2. With the addition of this new

paragraph, Louisiana proposes to renumber existing paragraph A.3. as A.4.

I. Section 5333. Hydrologic Balance:

Impoundments

1. Louisiana proposes to add new

paragraph 5333.A.1 that requires

impoundments meeting the Class B or C

criteria for dams in the U.S. Department

of Agriculture, Soil Conservation

Service Technical Release No. 60 (210–

VI–TR60, October 1985), ‘‘Earth Dams

and Reservoirs,’’ 1985 to comply with

the ‘‘Minimum Emergency Spillway

Hydrologic Criteria’’ table in TR–60.

Louisiana also proposes to incorporate

by reference the above technical release.

2. Louisiana proposes to redesignate

existing paragraphs 5333.A.1. through

5333.A.12. as paragraphs 5333.A.2

through 5333.A.13.

3. Louisiana proposes to revise

redesignated paragraph 5333.A.4.

(previously paragraph 5333.A.3.) by

deleting all of its language except for the

word ‘‘Stability.’’ The State also

proposes to add new paragraphs a. and

b. containing the following language:

a. An impoundment meeting the Class B or

C criteria for dams in TR–60, or the size or

other criteria of 30 CFR 77.216(a) shall have

a minimum static safety factor of 1.5 for a

normal pool with steady state seepage

saturation conditions, and a seismic safety

factor of at least 1.2.

b. Impoundments not included in

§ 5333.A.4.a. except for a coal mine waste
61714 Federal Register / Vol. 62, No. 223 / Wednesday, November 19, 1997 / Proposed Rules

impounding structure, shall have a minimum

static safety factor of 1.3 for a normal pool

with steady state seepage saturation

conditions or meet the requirements of

§ 2725.C.1.

4. At redesignated paragraph

5333.A.6. (previously paragraph

5333.A.5.),

Louisiana proposes to revise this

paragraph by adding the following

language:

For an impoundment meeting the Class B

or C criteria for dams in TR–60, or the size

or other criteria of 30 CFR 77.216(a),

foundation investigation, as well as any

necessary laboratory testing of foundation

material, shall be performed to determine the

design requirements for foundation stability.

5. At redesignated paragraph

5333.A.9. (previously paragraph

5333.A.8.), Louisiana proposes to revise

this paragraph by deleting the existing

language and replacing it, and by adding

new paragraphs A.9.a., a.i., and a.ii.,

and A.9.b., b.i., b.ii., and b.iii. The new

language pertains to the types of

spillways that shall be designed and

constructed for impoundments: (a.)

meeting the Class B or C criteria for

dams in TR–60, the emergency spillway

hydrograph criteria in the ‘‘Minimum

Emergency Spillway Hydrologic

Criteria’’ table in TR–60, or greater event

as specified by the State; (b.) meeting or

exceeding the size or other criteria of 30

CFR 77.216(a), a 100-year 6-hour event,

or greater event as specified by the

State; and (c.) not included in

§ 5333.A.9.b.i. and ii., 25-year 6-hour or

greater event as specified by the State.

6. At redesignated paragraph

5333.A.12 (previously paragraph

5333.A.11.), Louisiana proposes to

revise this paragraph by deleting the

existing language and replacing it with

language pertaining to impoundments

‘‘meeting’’ and ‘‘not meeting’’ the SCS

Class B or C criteria for dams in TR–60,

or the size or other criteria in 30 CFR

77.216. The State also proposes how

often and by whom these

impoundments must be examined and

what must be looked for during the

examinations.

7. Louisiana proposes to revise

paragraph 5333.C.2. by deleting the

existing language and replacing it with

new language and by adding new

paragraphs C.2.a. and C.2.b. The new

language pertains to the State’s option to

approve temporary impoundments that

are constructed to control runoff, from

the design precipitation event, primarily

through storage of the runoff.

J. Section 5411. Backfilling and Grading:

Thin Overburden

Louisiana proposes to revise

paragraph 5411.A. by deleting the

existing language and replacing it with

new language, and by adding new

paragraphs A.1. and A.2. The proposed

new language for these paragraphs

contains the definition for and

explanations pertaining to ‘‘thin

overburden.’’

K. Section 5413. Backfilling and

Grading: Thick Overburden

Louisiana proposes to revise

paragraph 5413.A. by deleting the

existing language and replacing it with

new language, and by adding new

paragraphs A.1. and A.2. The proposed

new language for these paragraphs

contains the definition for and

explanations pertaining to ‘‘thick

overburden.’’

L. Section 5503. Prime Farmland: Soil

Removal

Louisiana proposes to revise

paragraph 5503.A.2. by adding language

to require coal operators:

to separately remove the B horizon of the

soil, a combination of B horizon and

underlying C horizon, or other suitable soil

material to provide the thickness of suitable

soil required by paragraph 5507.A.1. that will

create a reconstructed soil of equal or greater

productivity capacity than that which existed

before mining, except as approved by the

regulatory authority where the B or C soil

horizons would not otherwise be removed

and where soil capabilities can be retained;

M. Section 5507. Prime Farmland: Soil

Replacement

Louisiana proposes to revise

paragraph 5507.A.4. by deleting the

existing language and replacing it with

the following language:

The operator shall replace the B horizon,

C horizon, or other suitable material

specified in § 5503.A.2. to the thickness

needed to meet the requirements of

§ 5507.A.1. In those areas where the B or C

horizons were not removed but may have

been compacted or otherwise damaged

during the mining operation, the operator

shall engage in deep tilling or other

appropriate means to restore premining

capabilities.

N. Section 6507. Service of Notices of

Violation and Cessation Orders

Louisiana proposes to revise

paragraph 6507.A.2. by adding language

to its regulation regarding how notices

of violations and cessation orders are to

be served. The added language allows

the State to serve the person to whom

the notice or order was issued by any

means consistent with the rules

governing service of a summons and

complaint under the Louisiana Rules of

Civil Procedure.

O. Section 6913. Procedures for

Assessment of Civil Penalties

Louisiana proposes to revise

paragraph 6913.B by adding language to

its regulation regarding how copies of

the proposed assessment and the

worksheet showing the computation of

the proposed assessment are to be

served. The added language allows the

State to serve the person to whom the

notice or order was issued by any

alternative means consistent with the

rules governing service of a summons

and complaint under the Louisiana

Rules of Civil Procedure.

P. Section 6915. Procedures for

Assessment Conference

Louisiana proposes to revise

paragraph 6915.B.1 by changing the

time when the assessment conference is

to be held from ‘‘within 60 days from

the date of the issuance of the proposed

assessment or the end of the abatement

period, whichever is later’’ to ‘‘within

60 days from the date the conference

request is received or the end of the

abatement period, whichever is later.’’

Louisiana also proposes to add that

failure by the State to hold the

conference within 60 days shall not be

grounds for dismissal of all or part of an

assessment unless the person against

whom the proposed penalty has been

assessed proves actual prejudice as a

result of the delay.

Q. Section 6917. Request for Hearing

Louisiana proposes to change from 15

days to 30 days the amount of time a

person has to submit a petition for

requesting a hearing after the date of

service of the conference office’s action.

R. Section 7105. Procedure for

Assessment of Individual Civil Penalty

Louisiana proposes to revise

paragraph 7105.C. by adding language to

its regulation regarding when service of

a notice of proposed assessment and

included information shall be deemed

complete. The added language states

that service is complete upon tender of

the notice of proposed assessment and

included information or of the certified

mail and shall not be deemed

incomplete because of refusal to accept.

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

Louisiana program.
Federal Register / Vol. 62, No. 223 / Wednesday, November 19, 1997 / Proposed Rules 61715

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 Tusla 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.s.t. on

December 4, 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 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.

National Environment Policy Act

No environment 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 an assumptions for the counterpart

Federal regulations.

Unfunded Mandates

OSM has determined and certifies

pursuant to the Unfunded Mandates

Reform Act (2 U.S.C. 1502 et seq.) that

this rule will not impose a cost of $100

million or more in any given year on

local, state, or tribal governments or

private entities.

List of Subjects in 30 CFR Part 918

Intergovernmental relations, Surface

mining, Underground mining.

Dated: November 7, 1997.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

[FR Doc. 97–30304 Filed 11–18–97; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–5925–2]

National Oil and Hazardous

Substances; Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of intent to delete

Coalinga Asbestos Mine Site from the

National Priorities List: request for

comments.

SUMMARY: The Environmental Protection

Agency (EPA) Region 9 announces its

intent to delete the Coalinga Asbestos

Mine Site from the National Priorities

list (NPL) and requests public comment

on this proposed action. The NPL

constitutes Appendix B of 40 CFR part

300 which is the National Oil and

Hazardous Substances Pollution

Contingency Plan (NCP), which EPA

promulgated pursuant to section 105 of

the Comprehensive Environmental

Response, Compensation, and Liability

Act (CERCLA) of 1980, as amended.

EPA and the State of California

Department of Toxic Substances Control

have determined that all appropriate

CERCLA response actions have been

implemented and that no further

cleanup by responsible parties is

appropriate. Moreover, EPA and the

State have determined that remedial

activities conducted at the site to date

have been protective of public health,

welfare, and the environment.

DATES: Comments concerning the

proposed deletion of this Site from the