[Federal Register Volume 63, Number 122 (Thursday, June 25, 1998)]
[Rules and Regulations]
[Pages 34597-34599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16813]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 924

[SPATS No. MS-014-FOR]


Mississippi Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is approving a proposed amendment to the Mississippi 
regulatory program (hereinafter referred to as the ``Mississippi 
program'') under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). The amendment consists of revisions to the Mississippi Surface 
Coal Mining and Reclamation Law pertaining to the small operator 
assistance program, variances from performance standards, enforcement, 
and administrative and judicial review proceedings. The amendment is 
intended to revise the Mississippi program to be consistent with SMCRA.

EFFECTIVE DATE: June 25, 1998.

FOR FURTHER INFORMATION CONTACT:
Arthur W. Abbs, Director, Birmingham Field Office, Office of Surface 
Mining Reclamation and Enforcement, 135 Gemini Circle, Suite 215, 
Homeward, Alabama 35209, Telephone: (205) 290-7282.

SUPPLEMENTARY INFORMATION: 
I. Background on the Mississippi 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 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 amendments can be found 
at 30 CFR 924.10, 924.16, and 924.17.

II. Submission of the Proposed Amendment

    By letter dated March 26, 1998 (Administrative Record No. MS-0354), 
Mississippi submitted an amendment to its program pursuant to SMCRA. 
Mississippi proposed to amend the Mississippi Surface Coal Mining and 
Reclamation Law (MSCMRL) in response to the required amendments 
codified at 30 CFR 924.16(b), (c), and (d).
    OSM announced receipt of the proposed amendment in the April 14, 
1998, Federal Register (63 FR 18172), and in the same document opened 
the public comment period and provided an opportunity for a public 
hearing or meeting on the adequacy of the proposed amendment. The 
public comment period closed on May 14, 1998. Because no one requested 
a public hearing or meeting, none was held.

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 findings concerning the 
amendment.

1. Sec. 53-9-26, Small Operator Assistance Program

    Mississippi proposed to change the word ``operation'' to the word 
``operator'' in the phrase ``at all locations of surface coal mining 
operation.''
    The Director finds that the revision satisfies the requirement 
placed on the Mississippi program at 30 CFR 924.16(b)(1) on January 9, 
1998 (63 FR 1342), and that Mississippi's revised provision at section 
53-9-26 is no less stringent than section 507(c) of SMCRA. Therefore, 
the Director is approving the revision and removing the required 
amendment.

[[Page 34598]]

2. Sec. 53-9-45, Variances From Performance Standard

    At section 53-9-45(4)(b), Mississippi proposed to remove the 
reference to subsection (2) from the phrase ``a variance from the 
requirement to restore to approximate original contour set forth in 
subsection (2) or (3) of this section.''
    The Director finds that the revision satisfies the requirement 
placed on the Mississippi program at 30 CFR 924.16(b)(2) on January 9, 
1998 (63 FR 1342), and that Mississippi's revised provision at section 
53-9-45 is no less stringent than section 515(e)(2) of SMCRA. 
Therefore, the Director is approving the revision and removing the 
required amendment.

3. Sec. 53.9-69, Enforcement and Administrative and Judicial Review 
Proceedings

    a. At section 53-9-69(1)(c)(i), Mississippi proposed to change the 
word ``may'' to the word ``shall'' in the phrase ``the commission, 
executive director or the executive director's authorized 
representative may issue an order to the permittee or agent of the 
permittee.''
    The Director finds that the revision satisfies the requirement 
placed on the Mississippi program at 30 CFR 924.16(c) on January 9, 
1998 (63 FR 1342), and that Mississippi's revised provision at section 
53-9-69(1)(c)(i) is no less stringent than section 521(a)(3) of SMCRA. 
Therefore, the Director is approving the revision and removing the 
required amendment.
    b. Mississippi proposed to add the following new provision at 
section 53-9-69(4):

    When an order is issued under this section, or as a result of 
any administrative proceeding under this chapter, at the request of 
any person, a sum equal to the aggregate amount of all costs and 
expenses, including attorney's fees, as determined by the commission 
to have been reasonably incurred by that person for or in 
conjunction with that person's participation in the proceedings, 
including any judicial review of agency actions, may be assessed 
against either party as the court, resulting from judicial review, 
or the commission, resulting from administrative proceedings deems 
proper.

    The Director finds that the addition of this new provision 
satisfies the requirement placed on the Mississippi program at 30 CFR 
924.16(d)(1) on January 9, 1998 (63 FR 1342), and that Mississippi's 
provision at section 53-9-69(4) is no less stringent than section 
525(e) of SMCRA. Therefore, the Director is approving the new provision 
and removing the required amendment.

4. Sec. 53-9-77, Formal Hearings

    Mississippi proposed to add the following new provision at section 
53-9-77(5):

    Except as provided in Section 53-9-67, the availability of 
judicial review under this section shall not limit any rights 
established under Section 53-9-67.

    The Director finds that the addition of this new statutory 
provision satisfies the requirement placed on the Mississippi program 
at 30 CFR 924.16(d)(2) on January 9, 1998 (63 FR 1342), and that 
Mississippi's provision at section 53-9-77(5) is no less stringent than 
the counterpart Federal provision at section 526(e) of SMCRA. 
Therefore, the Director is approving the new provision and removing the 
required amendment.

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 Federal agencies with 
an actual or potential interest in the Mississippi program 
(Administrative Record No. MS-0357). On April 29, 1998, the U.S. Army 
Corps of Engineers commented that a review of the proposed amendment 
found it to be satisfactory (Administrative Record No. MS-0363).

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 Mississippi proposed to make in this 
amendment pertain to air or water quality standards. Therefore, OSM did 
not request the EPA's concurrence.
    Pursuant to 30 CFR 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendment from the EPA (Administrative Record No. MS-0357). 
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. 
MS-0357). 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 Mississippi on March 26, 1998.
    The Federal regulations at 30 CFR Part 924, codifying decisions 
concerning the Mississippi 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.

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 section 102(2)(C) 
of the National

[[Page 34599]]

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

    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 924

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: June 6, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
    For the reasons set out in the preamble, 30 CFR Part 924 is amended 
as set forth below:

PART 924--MISSISSIPPI

    1. The authority citation for Part 924 continues to read as 
follows:

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

    2. Section 924.15 is amended in the table by adding a new entry in 
chronological order by ``Date of final publication'' to read as 
follows:


Sec. 924.15  Approval of Mississippi regulatory program amendments.

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  Original amendment submission date      Date of final publication                                   Citation/description                              
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                   *                  *                  *                  *                  *                  *                  *                  
March 26, 1998........................  June 25, 1998................  MSCMRL 53-9-26; 45(4)(b); 69(1)(c)(i) and (4); 77(5).                            
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Sec. 924.16  [Amended]

    3. Section 924.16 is amended by removing and reserving paragraphs 
(b), (c), and (d).

[FR Doc. 98-16813 Filed 6-24-98; 8:45 am]
BILLING CODE 4310-05-M