[Federal Register Volume 63, Number 82 (Wednesday, April 29, 1998)]
[Proposed Rules]
[Pages 23403-23405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11342]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 901

[SPATS No. AL-065-FOR]


Alabama Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.

ACTION: Proposed rule; public comment period and opportunity for public 
hearing.

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SUMMARY: OSM is announcing receipt of a proposed amendment to the 
Alabama regulatory program (hereinafter the ``Alabama program'') under 
the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The 
proposed amendment consists of revisions to and additions of statutes 
pertaining to the small operator assistance program (SOAP), the repair 
of homes and other structures materially damaged by underground coal 
mining, and the replacement of affected water supplies. The amendment 
is intended to revise the Alabama program to be consistent with SMCRA.
    This document sets forth the times and locations that the Alabama 
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., May 29, 
1998. If requested, a public hearing on the proposed amendment will be 
held on May 26, 1998. Requests to speak at the hearing must be received 
by 4:00 p.m., c.d.t. on May 14, 1998.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Arthur Abbs, Director, Birmingham Field 
Office, at the address listed below.
    Copies of the Alabama 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 Birmingham Field Office.

Arthur Abbs, Director, Birmingham Field Office, Office of Surface 
Mining Reclamation and Enforcement, 135 Gemini Circle, Suite 215, 
Homewood, Alabama 35209, Telephone: (205) 290-7282.
Alabama Surface Mining Commission, 1811 Second Avenue, P.O. Box 2390, 
Jasper, Alabama 35502-2390, Telephone (205) 221-4130.

FOR FURTHER INFORMATION CONTACT:
Arthur Abbs, Director, Birmingham Field Office, Telephone: (205) 290-
7282.

SUPPLEMENTARY INFORMATION: 

I. Background on the Alabama Program

    On May 20, 1982, the Secretary of the Interior conditionally 
approved the Alabama program. Background information on the Alabama 
program, including the Secretary's findings, the disposition of 
comments, and the conditions of approval can be found in the May 20, 
1982, Federal Register (47 FR 22062). Subsequent actions concerning the 
conditions of approval and program amendments can be found at 30 CFR 
901.15 and 901.16.

II. Description of the Proposed Amendment

    By letter dated April 14, 1998 (Administrative Record No. AL-5079), 
Alabama submitted a proposed amendment to its program pursuant to 
SMCRA. Alabama submitted the proposed amendment in response to a May 
20, 1996, letter (Administrative Record No. AL-0555) and a June 17, 
1997, letter (Administrative Record No. AL-0568) that OSM sent to 
Alabama in accordance with 30 CFR 732.17(c). Alabama proposes to amend 
the Alabama Surface Mining Control and Reclamation Act. The full text 
of the proposed program amendment submitted by Alabama is available for 
public inspection at the locations listed above under ADDRESSES. A 
brief discussion of the proposed amendment is presented below.

A. Section 9-16-82. Permits; Fee

    1. Alabama proposes to revise paragraph (c) to read as follows:

    (C)(1) If the regulatory authority finds that the probable total 
annual production at all locations of any surface coal mining 
operator will not exceed 300,000 tons, the cost of the

[[Page 23404]]

following activities, which shall be performed by a qualified public 
or private laboratory or such other public or private qualified 
entity designated by the regulatory authority, shall be assumed by 
the regulatory authority upon the written request of the operator in 
connection with a permit application, provided that funds are made 
available to the regulatory authority for such purposes by the 
Secretary of the U.S. Department of Interior.
    (A) The determination of probable hydrologic consequences 
required by subsection (b)(10), including the engineering analyses 
and designs necessary for the determination.
    (B) The development of cross-section maps and plans required by 
subsection (b)(13).
    (C) The geologic drilling and statement of results of test 
borings and core samplings required by subsection (b)(14).
    (D) The collection of archaeological information required by 
subsection (b)(12) and any other archaeological and historical 
information required by the regulatory authority, and the 
preparation of plans necessitated thereby.
    (E) Pre-blast surveys required by subsection 9-16-90(b)(15)e.
    (F) The collection of site-specific resource information and 
production of protection and enhancement plans for fish and wildlife 
habitats and other environmental values required by the regulatory 
authority under this Act.
    (2) The regulatory authority shall provide or assume the cost of 
training coal operators that meet the qualifications stated in 
paragraph (1) concerning the preparation of permit applications and 
compliance with the regulatory program, and shall ensure that 
qualified coal operators are aware of the assistance available under 
this subsection; provided that funds for such purposes are made 
available to the regulatory authority by the Secretary of the U.S. 
Department of Interior.

    2. Alabama proposes to add new paragraph (h) to read as follows:

    (h) A coal operator that has received assistance pursuant to 
subsection (c)(1) or (2) shall reimburse the regulatory authority 
for the cost of the services rendered if the program administrator 
finds that the operator's actual and attributed annual production of 
coal for all locations exceeds 300,000 tons during the 12 months 
immediately following the date on which the operator is issued the 
surface coal mining and reclamation permit.

B. Section 9-16-91. Underground Coal Mining; Effects on Surface

    Alabama proposes to add new paragraph (e) to read as follows:

    (e) Underground coal mining operations conducted after the date 
enactment of this section shall comply with each of the following 
requirements:
    (1) Promptly repair, or compensate for, material damage 
resulting from subsidence caused to any occupied residential 
dwelling and structures related thereto, or non-commercial building 
due to underground coal mining operations. Repair of damage shall 
include rehabilitation, restoration, or replacement of the damaged 
occupied residential dwelling and structures related thereto, or 
non-commercial building. Compensation shall be provided to the owner 
of the damaged occupied residential dwelling and structures related 
thereto or non-commercial building and shall be in the full amount 
of the diminution in value resulting from the subsidence. 
Compensation may be accomplished by the purchase, prior to mining, 
of a noncancellable premium-prepaid insurance policy.
    (2) Promptly replace any drinking, domestic, or residential 
water supply from a well or spring in existence prior to the 
application for a surface coal mining and reclamation permit, which 
has been affected by contamination, diminution, or interruption 
resulting from underground coal mining operations. Nothing in this 
section shall be construed to prohibit or interrupt underground coal 
mining operations.

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 Alabama 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 May 14, 1998. 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, 
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 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

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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

    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 901

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: April 21, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 98-11342 Filed 4-28-98; 8:45 am]
BILLING CODE 4310-05-M