Federal Register / Vol. 63, No. 121 /Wednesday, June 24, 1998 /Rules and Regulations 34277

deemed to be in valid J–1 Exchange

Visitor Program student status if they

are (i) an undergraduate student and

enrolled for not less than six semester

hours of academic credit or its

recognized equivalent; or (ii) a graduate

student enrolled for not less than three

hours of academic credit or its

recognized equivalent. Responsible officers who authorize

on-campus or off-campus employment

for these students should type or print

on the pink copy of the Form IAP–66

‘‘Special Student Relief work

authorization granted from (insert

beginning date of employment) until

(insert the earlier of the last day of the

student’s program or one year from the

beginning date of employment),’’ and

sign and date such notation. If a reduced

course load is also authorized due to the

employment, the responsible officer

should type or print on the pink copy

of the Form IAP–66 ‘‘reduced course

load authorized,’’ and sign and date

such notation.

The Agency’s suspension of the

application of the requirements set forth

in 22 CFR 514.23(e) and 22 CFR

514.23(g) for these identified students

will continue until amended or

rescinded by the Agency in a document

published in the Federal Register.

Dated: June 16, 1998.

Joseph Duffey,

Director.

[FR Doc. 98–16588 Filed 6–23–98; 8:45 am]

BILLING CODE 8230–01–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 925

[SPATS No. MO–034–FOR]

Missouri Abandoned Mine Land

Reclamation Plan

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: OSM is approving a proposed

amendment to the Missouri abandoned

mine land reclamation plan (hereinafter

referred to as the ‘‘Missouri plan’’)

under the Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

amendment is intended to revise the

Missouri plan to allow the Missouri

Department of Natural Resources, Land

Reclamation Commission, Land

Reclamation Program to assume

responsibility for administering the

abandoned mine land reclamation

emergency program in Missouri on

behalf of OSM.

EFFECTIVE DATE: June 24, 1998.

FOR FURTHER INFORMATION CONTACT:

Perry Pursell, 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 Plan

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 Plan

On January 29, 1982, the Secretary of

the Interior approved the Missouri plan.

Background information on the

Missouri plan, including the Secretary’s

findings, the disposition of comments,

and the approval of the plan can be

found in the January 29, 1982, Federal

Register (47 FR 4253). Subsequent

actions concerning the Missouri plan

and amendments to the plan can be

found at 30 CFR 925.25.

II. Submission of the Proposed

Amendment

Section 410 of SMCRA authorizes the

Secretary to use funds under the

abandoned mine land reclamation

(AMLR) program to abate or control

emergency situations in which adverse

effects of past coal mining pose an

immediate danger to the public health,

safety, or general welfare. On September

29, 1982 (47 FR 42729), OSM invited

States to amend their AMLR plans for

the purpose of undertaking emergency

reclamation programs on behalf of OSM.

States would have to demonstrate that

they have the statutory authority to

undertake emergencies, the technical

capability to design and supervise the

emergency work, and the administrative

mechanisms to quickly respond to

emergencies either directly or through

contractors.

Under the provisions of 30 CFR

884.15, any State may submit proposed

amendments to its approved AMLR

plan. If the proposed amendments

change the scope or major policies

followed by the State in the conduct of

its AMLR program, OSM must follow

the procedures set out in 30 CFR 884.14

for reviewing and approving or

disapproving the proposed

amendments.

The proposed assumption of the

AMLR emergency program on behalf of

OSM is a major addition to the Missouri

plan. Therefore, to assume the

emergency program, Missouri must

either revise its plan to include

administering the AMLR emergency

program, or demonstrate that its plan

currently includes provisions for

assuming and administering the

emergency program.

By letter dated March 31, 1998

(Administrative Record No. AML–MO–

103), Missouri submitted an amendment

to its plan pursuant to SMCRA.

Missouri submitted the amendment at

its own initiative. The amendment is

intended to demonstrate Missouri’s

capability to effectively undertake the

AMLR emergency program on behalf of

OSM. In its formal submittal, Missouri

stated that a review of the Missouri plan

indicates that the authority already

exists for the Missouri Department of

Natural Resources, Land Reclamation

Commission, Land Reclamation

Program (LRP) to assume responsibility

for the AMLR emergency program.

Missouri noted that the designation by

the governor and the legal opinion of

the State Attorney General that are

included in its plan are applicable to all

AML activities, including the

emergency program, and that all other

existing policies and procedures in its

plan are adequate to cover the

emergency program, with two minor

exceptions. These exceptions were

addressed in Missouri’s technical

capability to design and supervise the

emergency works, and Missouri’s

amendment. The applicable parts of the

existing Missouri plan and the revisions

to the plan that would demonstrate that

Missouri has the authority to undertake

emergencies, Missouri’s technical

capacity to design and supervise the

emergency work, and Missouri’s

administrative mechanisms to quickly

respond to emergencies either directly

or through contractors are discussed

below.

A. The following information, taken

from the approved Missouri plan, was

included by reference in Missouri’s

formal submission to OSM in order to

verify that the authority already exists

for the LRP to assume AMLR emergency

program responsibilities:

1. A letter from the Governor that

designates the Missouri Department of

Natural Resources, Land Reclamation

Commission as the agency responsible

for the Abandoned Mine Land

Reclamation Program in Missouri.

2. A legal opinion from the Attorney

General that the Missouri Department of

Natural Resources, Land Reclamation

Commission has the power to

administer the Abandoned Mine Land

Reclamation Program in Missouri.

3. A copy of sections 444.810, .825,

.915, .920, .925, .930, and .940 of the

Revised Statutes of Missouri (RSMo),

the Missouri Land Reclamation Act.
34278 Federal Register / Vol. 63, No. 121 /Wednesday, June 24, 1998 /Rules and Regulations

RSMo section 444.915.1(5) authorizes

the LRR to spend monies from the State

Abandoned Mine Reclamation Fund for

restoration, reclamation, abatement,

control or prevention of adverse effects

of coal mining practices when an

emergency exists.

4. A copy of the Missouri Abandoned

Mine Land Reclamation Program

regulations (Code of State Regulations,

10 CSR 40–9.010, .020, .030, .040, .050,

and .060). Missouri’s regulations at 10

CFR 40–9.030(4) provide the right to

enter upon any land where an

emergency exists and on any other land

to have access to the land where the

emergency exists to restore, reclaim,

abate, control or prevent the adverse

effects of coal mining practices and to

do all things necessary or expedient to

protect the public health, safety or

general welfare. Procedures are

provided for this entry.

B. Missouri submitted a statement to

demonstrate the LRP’s technical

capability to design and supervise the

emergency work. The statement

included references to work completed

on non-emergency, high priority

reclamation projects, the number of

AML Section staff working on

reclamation projects, and the ability of

the staff members to prepare project

designs and contract documents and to

provide in-house resident inspection

services.

C. Missouri updated its plan policy

and procedures at sections 884.13(c)(6),

rights of entry, and 884.13(d)(3),

purchasing and procurement, to ensure

that it has the administrative

mechanisms to quickly respond to

emergencies either directly or through

contractors.

D. After assuming the emergency

program, Missouri would conduct

investigations of potential emergency

sites and perform remedial reclamation,

following OSM’s concurrence that an

emergency situation exists. Missouri

stated in its proposal that in

administering the AMLR emergency

program, it would follow procedures

that are in compliance with the Federal

Assistance Manual, Chapter 4–30,

‘‘Characteristics of GranteeAdministered Emergency Reclamation

Activities.’’

OSM announced receipt of the

proposed amendment in the April 22,

1998, Federal Register (63 FR 19874),

and in the same document opened the

public comment period and provided an

opportunity for a public hearing on the

adequacy of the proposed amendment.

The public comment period closed on

May 22, 1998.

III. Director’s Findings

Set forth below, pursuant to SMCRA

and the Federal regulations at 30 CFR

884.14 and 884.15, are the Director’s

findings concerning the proposed

amendment.

A. Revisions to the Missouri Plan Policy

and Procedure Sections

1. Section 884.13(c)(6), Rights of Entry

Missouri proposed to revise its policy

concerning right of entry fro emergency

purposes by removing the language that

allowed emergency entries only upon

request from the Office of Surface

Mining. This revised paragraph reads as

follows.

In the event of an emergency, this agency

may enter onto private property and perform

whatever measures are necessary to protect

the public health, safety, or welfare from past

coal mining practices. If written consent

cannot be obtained for the purpose of

emergency reclamation, and if notice cannot

be given prior to entry, notice will be given

to the landowner as soon after entry as is

practical.

The Director finds that the

requirements of the revised policy in

section 884.13(c)(6) are consistent with

requirements in the Missouri regulation

at 10 CSR 40–9.030(4) and the Federal

regulation at 30 CFR 877.14, concerning

entry for emergency reclamation.

2. Section 884.13(d)(3), Purchasing and

Procurement

Missouri revised the procurement

thresholds for services supplies and

products contracts. The procurement

thresholds that requires the use of

formal sealed bids was raised from

$10,000 to $25,000. The procurement

threshold that requires compliance with

State small purchase procedures was

raised from $10,000 to $25,000. The

negotiated procurement threshold was

lowered from $10,000 to $3,000.

Procurements in excess of $25,000 are to

be recorded with the specified

justification information.

The Director finds that a procurement

threshold of $25,000 is adequate for

implementation of an AMLR Emergency

Program, and the proposed revisions are

consistent with the requirements of 30

CFR 884.13(d)(3).

B. AMLR Emergency Program

Demonstrations

OSM’s guidelines, published in the

September 29, 1982, Federal Register

(47 FR 42729), outline three

requirements for State assumption of the

AMLR emergency program. To be

granted emergency authority by OSM,

the State agency must demonstrate that

it has the: (1) statutory authority to

undertake emergencies, (2) technical

capability to design and supervise the

emergency work, and (3) administrative

mechanisms to respond quickly to

emergencies either directly or through

contractors.

1. Statutory Authority

The LRP has had statutory authority

under RSMo section 444.915.1(5) to

administer an emergency response

program since approval of the Missouri

plan on January 21, 1982. In order to

implement this authority, Missouri’s

regulation at 10 CSR 40–9.030(4)

provides for right of entry on any land

where an emergency exists. In a letter

dated January 25, 1980, the Governor of

Missouri designated the Missouri

Department of Natural Resources, Land

Reclamation Commission as the State

agency responsible for the Abandoned

Mine Land Reclamation Program in

Missouri. The Missouri Attorney

General issued an official opinion on

July 24, 1981, that the Missouri

Department of Natural Resources, Land

Reclamation Commission is authorized

under State law to establish, administer

and conduct a State reclamation

program in accordance with the

requirements of Title IV of the Federal

Surface Mining Control and

Reclamation Act of 1977, the regulations

promulgated thereunder, and the State

Reclamation Plan. Title IV of SMCRA

covers both the regular AMLR program

and the emergency reclamation

program.

2. Technical Capability

The LRP has demonstrated through

past performance that it has the

technical capability to implement an

AMLR emergency program. In its March

31, 1998, submission of the amendment,

Missouri submitted the following

statement to demonstrate the LRP’s

technical capability to design and

supervise the emergency work.

Over the past four years, Missouri has

successfully completed several high priority

shaft closure and four subsidence

reclamation projects. Although these were

non-emergency projects, they were

completed in a timely manner and the scope

of work was similar to Missouri’s past AML

emergency projects. With six Land

Reclamation Specialists and a registered

professional engineer on the AML Section

staff, the LRP has the technical capability to

respond rapidly to AML emergency

situations. Project designs and contract

documents can be prepared in-house,

avoiding the usual time delays associated

with procuring and coordinating consulting

engineering services agreements. The AML

Section can also provide in-house resident

inspection services, since emergency

reclamation projects are typically of short

duration.
Federal Register / Vol. 63, No. 121 /Wednesday, June 24, 1998 /Rules and Regulations 34279

Missouri has conducted an AMLR

Program since 1982. Technical

capabilities utilized for emergency

reclamation projects are the same as

those used for normal, high priority

reclamation projects; usually, only the

project schedule is different. OSM’s

oversight reviews for the past 10 years

have confirmed that the Missouri LRP

has conducted subsidence abatement

project design and construction work

and has filled mine voids on many

occasions with a high degree of

competence and success. OSM’s annual

oversight reports also indicate that

closure of shafts and mine portals and

treatment of subsidence areas have been

part of Missouri’s high priority AMLR

program for many years. As of the end

of evaluation year 1997, the Missouri

LRP had closed 125 vertical openings

and 43 open mine portals and stabilized

634 acres of mine subsidence. These are

the same types of abandoned mine land

features that are likely to be

encountered in the AMLR emergency

program. OSM found in its review of the

Missouri plan and OSM’s annual

oversight reports for 1991 through 1997

that Missouri has developed and refined

the in-house investigation, design, and

project administration abilities

necessary to administer an AMLR

program and an emergency response

program.

3. Administrative Mechanisms

A review of Missouri’s revised

purchasing and procurement procedures

at section 884.13(d)(3) found that the

LRP has the authority to issue contracts

for emergency work in amounts up to

$25,000. The $25,000 limit is similar to

the small purchase threshold for Federal

agencies and will allow Missouri

adequate flexibility to address

emergency conditions. Other

administrative processes required to

implement the emergency program are

the same as those already in place for

the Missouri AMLR program.

In accordance with section 405 of

SMCRA and 30 CFR 884.15, Missouri

has submitted an amendment to its

AMLR plan, and the Director has

determined, pursuant to 30 CFR 884.14,

that:

(1) The public has been given

adequate notice and opportunity to

comment, and the record does not

reflect major unresolved controversies.

(2) Views of other Federal agencies

have been solicited and considered.

(3) The State has the legal authority,

policies and administrative structure

necessary to implement the amendment.

(4) The proposed plan amendment

meets all requirements of the Federal

AMLR program regulations at 30 CFR

Chapter VII, Subchapter R.

(5) The State has an approved State

Regulatory Program.

(6) The amendment is in compliance

with all applicable State and Federal

laws and regulations.

Therefore, the Director finds that the

proposed Missouri plan amendment

allowing the State to assume

responsibility for an emergency

response reclamation program on behalf

of OSM is in compliance with SMCRA

and meets the requirements of the

Federal regulations.

IV. Summary and Disposition of

Comments

Public Comments

OSM solicited public comments and

provided an opportunity for a public

hearing on the proposed amendment.

No public comments were received, and

because no one requested an

opportunity to speak at a public hearing,

no hearing was held.

Federal Agency Comments

Pursuant to 30 CFR 884.14(a)(2) and

884.15(a), OSM solicited comments on

the proposed amendment from various

other Federal agencies with an actual or

potential interest in the Missouri plan

(Administrative Record No. AML–MO–

104). No comments were received.

V. Director’s Decision

Based on the above findings, the

Director approves the proposed plan

amendment and Missouri’s request to

assume the AMLR emergency program

as submitted by Missouri on March 31,

1998.

The Federal regulations at 30 CFR

Part 925, codifying decisions concerning

the Missouri plan, are being amended to

implement this decision.

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 and Tribal abandoned mine

land reclamation plans and revisions

thereof, since each such plan is drafted

and promulgated by a specific State or

Tribe, not by OSM. Decisions on

proposed abandoned mine land

reclamation plans and revisions thereof

submitted by a State or Tribe are based

on a determination of whether the

submittal meets the requirements of

Title IV of SMCRA (30 U.S.C. 1231–

1243) and 30 CFR Part 884.

National Environmental Policy Act

No environmental impact statement is

required for this rule. Agency decision

on proposed State and Tribal abandoned

mine land reclamation plans and

revisions thereof are categorically

excluded from compliance with the

National Environmental Policy Act (42

U.S.C. 4332) by the Manual of the

Department of the Interior (516 DM 6,

Appendix 8, paragraph 8.4B(29)).

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 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. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions in the analyses 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 925

Intergovernmental relations, Surface

mining, Underground mining.
34280 Federal Register / Vol. 63, No. 121 /Wednesday, June 24, 1998 /Rules and Regulations

Dated: June 16, 1998.

Kathy Karpan,

Director Office of Surface Mining.

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 925.25 is amended in the

table by adding a new entry in

chronological order by ‘‘Date of final

publication’’ to read as follows:

§ 925.25 Approval of Missouri abandoned

mine land reclamation plan amendments.

* * * * *

Original amendment submission date

Date of final

publication Citation/description

* * * * * * *

March 31, 1998 June 24, 1998 .. AMLR plan sections 884.13(c)(6) and (d)(3); Emergency response reclamation program.

[FR Doc. 98–16811 Filed 6–23–98; 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: Final rule; approval of

amendment.

SUMMARY: OSM is approving an

amendment to the Virginia permanent

regulatory program (hereinafter) referred

to as the Virginia program) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

amendment revises numerous

provisions of the Virginia program

concerning surface coal mining and

reclamation operations. The amendment

is intended to revise the State program

to be consistent with the Federal

regulations.

EFFECTIVE DATE: June 24, 1998.

FOR FURTHER INFORMATION CONTACT: Mr.

Robert A. Penn, Director, Big Stone Gap

Field Office, Office of Surface Mining

Reclamation and Enforcement, 1941

Neeley Road, Suite 201, Compartment

116, Big Stone Gap, Virginia 24219,

Telephone: (540) 523–4303.

SUPPLEMENTARY INFORMATION:

I. Background on the Virginia Program.

II. Submission of the Amendment.

III. Director’s Findings.

IV. Summary and Disposition of Comments.

V. Director’s Decision.

VI. Procedural Determinations.

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 are identified at 30 CFR

946.11, 946.12, 946.13, 946.15, and

946.16.

II. Submission of the Amendment

By letter dated December 1, 1997

(Administrative Record No. 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 in a

letter dated May 30, 1997, pursuant to

30 CFR 732.17(d) (Administrative

Record Number VA–955). The DMME

also stated that the proposed

amendments are intended to be

materially consistent with the

corresponding Federal standards.

The proposed amendment was

published in the December 23, 1997,

Federal Register (62 FR 67016), and in

the same notice, OSM opened the public

comment period and provided

opportunity for a public hearing on the

adequacy of the proposed amendment.

The comment period closed on January

22, 1998. No one requested to speak at

a public hearing, so no hearing was

held.

By electronic mail dated March 6,

1998 (Administrative Record Number

VA–953), OSM provided the State with

comments on the proposed

amendments. The DMME responded to

those comments by electronic mail

dated March 20, 1998 (Administrative

Record Number VA–954).

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 proposed

amendment to the Virginia program.

Only the substantive changes will be

discussed below.

1. 4 VAC 25–130–700.5 Definition of

‘‘Other Treatment Facilities’’

This definition has been amended to

add ‘‘neutralization’’ as an example of

chemical treatments, and to add

‘‘precipitators’’ as an example of

mechanical structures. In addition, a

new subsection (b) has been added to

provide that ‘‘ other treatment facilities’’

will have to comply with all applicable

State and Federal water quality laws

and regulations. The Director finds that

with the proposed changes, the Virginia

program definition of ‘‘other treatment

facilities’’ is substantively identical to

and therefore no less effective than the

counterpart Federal definition at 30 CFR

701.5.

4 VAC 25–130–700.5 Definition of

‘‘Previously mined area.’’ This

definition has been revised to state that

‘‘ previously mined area’’ means land

affected by surface coal mining

operations prior to August 3, 1997, that

has not been reclaimed to the standards

of this Chapter. The Director finds that

the proposed definition is substantively

identical to and therefore no less

effective than the counterpart Federal

definition at 30 CFR 701.5.

2. 4 VAC 25–130–779.22 Land Use

Information

This provision has been deleted. The

counterpart Federal regulation at 30

CFR 779.22 was deleted on May 27,

1994 (59 FR 27932). In that final rule

notice, OSM consolidated the land use

information requirements of sections 30

CFR 779.22 and 30 CFR 780.23 into

final 30 CFR 780.23. As discussed below

in Finding 4, 4 VAC 25–130–780.23

concerning reclamation plans; land use

information is being amended by the

State, and is substantively identical to

and therefore is less effective than the

counterpart Federal regulations at 30