67014 Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Proposed Rules

the report. The Agency has determined

that it is in the public interest to allow

interested parties an opportunity to

comment. MSHA is reopening the

rulemaking record for limited comment

on the report.

DATES: Submit written comments on the

report on or before January 22, 1998.

ADDRESSES: Comments on the report

may be transmitted by electronic mail,

fax, or mail. Comments by electronic

mail must be clearly identified as such

and sent to: psilvey@msha.gov.

Comments by fax must be clearly

identified as such and sent to: MSHA,

Office of Standards, Regulations, and

Variances, 703–235–5551. Send mail

comments to: Mine Safety and Health

Administration, Office of Standards,

Regulations, and Variances, 4015

Wilson Boulevard, Room 631,

Arlington, VA 22203–1984. Interested

persons are encouraged to supplement

written comments with computer files

or disks.

FOR FURTHER INFORMATION CONTACT:

Patricia W. Silvey, Director, MSHA,

Office of Standards, Regulations, and

Variances, 703–235–1910.

SUPPLEMENTARY INFORMATION: On

December 17, 1996, MSHA published a

proposed rule in the Federal Register

(61 FR 66348) revising its health

standards for occupational noise

exposure in coal and metal and

nonmetal mines.

To confirm the magnitude of the risks

of NIHL among miners, MSHA

examined evidence of reported hearing

loss among miners from a variety of

sources—audiometric data bases

tracking hearing acuity among coal

miners, individual commenter data,

hearing loss data reported to MSHA,

and workers’ compensation data. MSHA

also asked NIOSH to examine a body of

audiometric data which tracked hearing

acuity among coal miners and one

which tracked hearing acuity among

metal and nonmetal miners. NIOSH

completed its analysis of the

audiometric data on coal miners and

issued a report to MSHA entitled

‘‘Analysis of Audiograms for a Large

Cohort of Noise-Exposed Miners,’’

(Franks, 1996) which is a part of the

existing rulemaking record.

On December 16, 1997, MSHA

published a notice in the Federal

Register (62 FR 65777) announcing the

availability of a report from the National

Institute for Occupational Safety and

Health (NIOSH) entitled ‘‘Prevalence of

Hearing Loss For Noise-Exposed Metal/

Nonmetal Miners.’’ The Agency further

stated its intent to supplement the

rulemaking record with this report and

to make it available to interested parties

upon request.

MSHA received several requests from

the mining community that they be

provided an opportunity to comment on

the report. MSHA has evaluated these

requests and believes that a 30 day

comment period will provide sufficient

time for all interested parties to review

the report and comment. All interested

members of the mining community are

encouraged to submit comments prior to

January 22, 1998.

Dated: December 17, 1997.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and

Health.

[FR Doc. 97–33447 Filed 12–22–97; 8:45 am]

BILLING CODE 4510–43–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 913

[SPATS No. IL 089–FOR]

Illinois Regulatory Program

Amendment

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; reopening and

extension of public comment period on

proposed amendment.

SUMMARY: OSM is announcing receipt of

a request and additional explanatory

information for its reconsideration of

two regulations disapproved in a

previously proposed amendment to the

Illinois regulatory program (hereinafter

referred to as the ‘‘Illinois program’’)

under the Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

disapproved regulations concern the

determination of revegetation success

for non-contiguous surface disturbance

areas less than or equal to four acres.

The additional explanatory information

is intended to clarify the regulations by

specifying procedures and evaluation

criteria that would be used in the

implementation of the regulations.

DATES: Written comments must be

received by 4:00 p.m., e.s.t., January 7,

1998.

ADDRESSES: Written comments should

be mailed or hand delivered to Andrew

R. Gilmore, Director, Indianapolis Field

Office at the address listed below.

Copies of the Illinois program, the

proposed amendment, the additional

explanatory information, and all written

comments received in response to this

document will be available for public

review at the 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

Indianapolis Field Office.

Andrew R. Gilmore, Director,

Indianapolis Field Office, Office of

Surface Mining Reclamation and

Enforcement, Minton-Capehart Federal

Building, 575 North Pennsylvania

Street, Room 301, Indianapolis, Indiana,

46204–1521, Telephone: (317) 226–

6700. Illinois Department of Natural

Resources, Office of Mines and

Minerals, 524 South Second Street,

Springfield, Illinois, 62701–1787,

Telephone: (217) 782–4970.

FOR FURTHER INFORMATION CONTACT:

Andrew R. Gilmore, Director,

Indianapolis Field Office, Telephone:

(317) 226–6700.

SUPPLEMENTARY INFORMATION:

I. Background on the Illinois Program

II. Discussion of the Proposed Amendment

III. Public Comment Procedures

IV. Procedural Determinations

I. Background on the Illinois Program

On June 1, 1982, the Secretary of the

Interior conditionally approved the

Illinois program. Background

information on the Illinois program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the June 1, 1982, Federal Register (47

FR 23883). Subsequent actions

concerning the conditions of approval

and program amendments can be found

at 30 CFR 913.15, 913.16, and 913.17.

By letter dated February 3, 1995

(Administrative Record No. IL–1615),

Illinois submitted a proposed

amendment to its program pursuant to

SMCRA. Illinois submitted the proposed

amendment in response to an August 5,

1993, letter (Administrative Record No.

IL–1400) that OSM sent to Illinois in

accordance with 30 CFR 732.17(c), in

response to required program

amendments at 30 CFR 913.16 and at its

own initiative. OSM announced receipt

of the proposed amendment in the

February 27, 1995, Federal Register (60

FR 19522), and invited public comment

on its adequacy. The public comment

period ended March 29, 1995. A public

hearing was requested, and it was held

on March 24, 1995, as scheduled. OSM

identified concerns relating to the

proposed amendment, and notified

Illinois of these concerns by letters

dated April 28 and August 3, 1995

(Administrative Record Nos. IL–1649

and IL–1660, respectively). By letter
Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Proposed Rules 67015

dated November 1, 1995

(Administrative Record No. IL–1663),

Illinois responded to OSM’s concerns by

submitting additional explanatory

information and revisions to its

proposed amendment. OSM reopened

the public comment period in the

December 5, 1995, Federal Register (60

FR 62229). The public comment period

closed on January 4, 1996. OSM

approved the proposed amendment

with certain exceptions and additional

requirements on May 29, 1996 (61 FR

26801).

II. Discussion of the Proposed

Amendment

By letter dated August 5, 1997

(Administrative Record No. IL–1670),

Illinois requested that OSM reconsider

its May 29, 1996, disapproval of the

following regulatory language at 62 IAC

1816.116(a)(3)(F) and 1817.116(a)(3)(F).

Non-contiguous areas less than or equal to

four acres which were disturbed from

activities such as, but not limited to, signs,

boreholes, power poles, stockpiles and

substations shall be considered successfully

revegetated if the operator can demonstrate

that the soil disturbance was minor, i.e., the

majority of the subsoil remains in place, the

soil has been returned to its original

capability and the area is supporting its

approved post-mining land use at the end of

the responsibility period.

In its letter of August 5, 1997, Illinois

provided explanatory information to

clarify the regulatory language by

specifying the procedures and

evaluation criteria that would be used in

the implementation of the regulations.

By letters dated September 26 and

November 3, 1997 (Administrative

Record Nos. IL–1671 and IL–1672),

Illinois provided additional explanatory

information. Following is a summary of

these procedures and evaluation

criteria:

1. Illinois proposed to interpret the

regulatory language of 62 IAC

1816.116(a)(3)(F) and 1817.117(a)(3)(F)

as follows:

Non-contiguous, surface disturbance areas,

with an approved land use of cropland or

pasture/hayland, less than or equal to four

acres which have:

1. Minor soil disturbances from activities

such as signs, boreholes, power poles,

stockpiles and substations;

2. The majority of the subsoil remains in

place; and

3. Were not affected by coal or toxic

material handling, may use the following

procedures for determination of revegetation

success, in lieu of Section (a)(4).

(i) The operator must document the

required three criteria of (F) above have been

met.

(ii) The affected area is successfully

supporting its approved post mining land use

when compared to the similar, adjacent

unaffected areas at the end of the

responsibility period.

The Department will evaluate areas

requested by the operator, using qualified

individuals, and determine them successfully

revegetated, if it finds subsection (i) and (ii)

have been met.

2. Illinois would differentiate the

minor disturbances into three main

types: (1) Areas where topsoil was left

in place, usually less than .25 areas, (2)

areas where topsoil was removed and

stockpiled and the subsoil was left in

place, usually less than one acre, and (3)

areas where the topsoil was removed

and stockpiled and portions of the area

were excavated for foundations or for

shaft construction, usually four acres or

less.

3. Illinois would ensure all non-toxic

contaminants are either prevented from

mixing with the subsoil or are

adequately removed without significant

loss of the in-place subsoil.

4. Illinois would require at a

minimum the area to be tilled with an

agricultural subsoiler, preferably before

topsoil replacement. In the event of poor

crop performance on areas being

evaluated, Illinois will require tillage to

greater depths as deemed appropriate,

based on timing, soil handling

techniques, and equipment used for

reclamation.

5. Illinois would assess the success of

the area by the determination the area

is supporting is postmining use and

there were no observable differences

between these areas and adjacent

unaffected areas. All determinations of

the success of these small areas would

be done by qualified individuals

experienced in the field of agronomy

and soils. The evaluation of the crop

would be done near the time of the

harvest of the crop grown. The

observation would be done for a

minimum of two years of the

responsibility period, excluding the first

year. No phase III bonds would be

released before the fifth year of the

responsibility period.

III. Public Comment Procedures

OSM is reopening the comment

period on the proposed Illinois program

amendment to provide the public an

opportunity to reconsider the adequacy

of the proposed amendment in light of

the additional materials submitted. 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

Illinois 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 Indianapolis Field Office

will not necessarily be considered in the

final rulemaking or included in the

Administrative Record.

IV. Procedural Determinations

Executive Order 12866

This proposed 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 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.)
67016 Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Proposed Rules

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

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 913

Intergovernmental relations, Surface

mining, Underground mining.

Dated: December 12, 1997.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

[FR Doc. 97–33430 Filed 12–22–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 946

[VA–112–FOR]

Virginia 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 Virginia

regulatory program (hereinafter referred

to as the Virginia program) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

proposed amendment revises numerous

provisions of the Virginia program for

surface coal mining and reclamation

operations. The amendment is intended

to revise the State program to be

consistent with the Federal regulations.

DATES: Written comments must be

received by 4:00 p.m., on January 22,

1998. If requested, a public hearing on

the proposed amendment will be held

on January 20, 1998. Requests to speak

at the hearing must be received by 4:00

p.m., on January 7, 1998.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to Mr.

Robert A. Penn, Director, Big Stone Gap

Field Office at the first address listed

below.

Copies of the Virginia 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 requestor may receive

one free copy of the proposed

amendment by contacting OSM’s Big

Stone Gap Field Office.

Office of Surface Mining Reclamation

and Enforcement, Big Stone Gap Field

Office, 1941 Neeley Road, Suite 201,

Compartment 116, Big Stone Gap,

Virginia 24219, Telephone: (703) 523–

4303

Virginia Division of Mined Land

Reclamation, P.O. Drawer 900, Big

Stone Gap, Virginia 24219,

Telephone: (703) 523–8100

FOR FURTHER INFORMATION CONTACT:

Mr. Robert A. Penn, Director, Big Stone

Gap Field Office, Telephone: (703) 523–

4303.

SUPPLEMENTARY INFORMATION:

I. Background on the Virginia Program

On December 15, 1981, the Secretary

of the Interior conditionally approved

the Virginia program. Background

information on the Virginia program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the December 15, 1981, Federal Register

(46 FR 61085–61115). Subsequent

actions concerning the conditions of

approval and program amendments can

be found at 30 CFR 946.12, 946.13,

946.15, and 946.16.

II. Discussion of the Proposed

Amendment

By letter dated December 1, 1997

(Administrative Record VA–938), the

Virginia Department of Mines, Minerals

and Energy (DMME) submitted

numerous amendments to the Virginia

program. The DMME stated that the

purpose of the amendments is to

address issues identified by OSM

pursuant to 30 CFR 732.17(d). The

DMME stated that the proposed

amendments are intended to be

materially consistent with the

corresponding Federal standards.

The proposed amendments are as

follows:

4VAC 25–130–701.5 Definitions.

Two definitions are amended:

‘‘Previously mined area’’ and ‘‘other

treatment facilities.’’

4VAC 25–130–779.22 Land use

information. This provision is proposed

for deletion.

4VAC 25–130–779.25 Cross sections,

maps, and plans. Subsections (a) and (b)

are amended.

4VAC 25–130–780.23 Reclamation

Plan; Land Use Information.

Subsections (a), (b), and (c) are

amended.

4VAC 25–130–780.25 Reclamation

Plan: Siltation Structures,

Impoundments, Banks, Dams and

Embankments. Subsections (a), (b), (c),

and (f) are amended.

4VAC 25–130–780.35 Disposal of

excess spoil. Subsection (b) is amended.

4VAC 25–130–783.25 Cross sections,

maps and plans. Subsection (a) is

amended and renumbered.

4VAC 25–130–784.15 Reclamation

Plan: Land Use Information. The

existing language is deleted and

replaced with new language.

4VAC 25–130–784.16 Reclamation

Plan: Siltation Structures,

Impoundments, Banks, Dams, and

Embankments. Subsections (a), (b), (c),

and (f) are amended.

4VAC 25–130–784.23 Operation

plan; maps and plans. Subsections (b)

and (c) are amended.

4VAC 25–130–800.40 Requirements

for release of performance bond. New

subsection (a)(3) is added.

4VAC 25–130–816.46 Hydrologic

balance; siltation structures.

Subsections (a), (b), and (c) are

amended.

4VAC 25–130–816.49

Impoundments. Subsections (a) and (c)

are amended.

4VAC 25–130–816.74 Disposal of

excess spoil; preexisting benches.

Subsections (a) through (g) are

amended.

4VAC 25–130–816.81 Coal mine

waste; general requirements.

Subsections (a) and (c) are amended.

4VAC 25–130–816.89 Disposal of

noncoal mine wastes. Subsection (d) is

deleted.

4VAC 25–130–816.104 Backfilling

and grading; thin overburden. The

existing introductory paragraph is