[Federal Register Volume 66, Number 91 (Thursday, May 10, 2001)]
[Proposed Rules]
[Pages 23868-23870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11728]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 904

[SPATS No. AR-038-FOR]


Arkansas Regulatory Program

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

ACTION: Proposed rule; reopening and extension of public comment period 
on proposed amendment.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is announcing receipt of revisions to a previously proposed amendment 
to the Arkansas regulatory program (Arkansas program) under the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA). The revisions 
concern submission and processing of requests for valid existing rights 
determinations; interpretative rule related to subsidence due to 
underground coal mining in areas designated by Act of Congress; road 
systems; public notices of filing of permit applications; and 
legislative public hearings. Arkansas intends to revise its program to 
be consistent with the corresponding Federal regulations.

[[Page 23869]]


DATES: We will accept written comments until 4 p.m., c.d.t., May 25, 
2001.

ADDRESSES: You should mail or hand deliver written comments to Michael 
C. Wolfrom, Director, Tulsa Field Office at the address listed below.
    You may review copies of the Arkansas program, the amendment, and 
all written comments received in response to this document at the 
addresses listed below during normal business hours, Monday through 
Friday, excluding holidays. You may receive one free copy of the 
amendment by contacting OSM's Tulsa Field Office.
    Michael C. Wolfrom, Director, Tulsa Field Office, Office of Surface 
Mining, 5100 East Skelly Drive, Suite 470, Tulsa, Oklahoma 74135-6547, 
Telephone: (918) 581-6430.
    Arkansas Department of Environmental Quality, Surface Mining and 
Reclamation Division, 8001 National Drive, Little Rock, Arkansas 72219-
8913, Telephone (501) 682-0744.

FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa 
Field Office. Telephone: (918) 581-6430. Internet: <a href="/cdn-cgi/l/email-protection#3b564c54575d4954567b544856495e155c544d"><span class="__cf_email__" data-cfemail="422f352d2e24302d2f022d312f30276c252d34">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background on the Arkansas Program

    On November 21, 1980, the Secretary of the Interior conditionally 
approved the Arkansas program. You can find background information on 
the Arkansas program, including the Secretary's findings, the 
disposition of comments, and the conditions of approval in the November 
21, 1980, Federal Register (45 FR 77003). You can find later actions on 
the Arkansas program at 30 CFR 904.10, 904.12, 904.15, and 904.16.

II. Discussion of the Proposed Amendment

    By letter dated March 1, 2001 (Administrative Record No. AR-
567.04), Arkansas sent us an amendment to its program under SMCRA and 
the Federal regulations at 30 CFR 732.17(b). Arkansas sent the 
amendment in response to a letter dated August 23, 2000 (Administrative 
Record No. AR-567), that we sent to Arkansas under 30 CFR 732.17(c). We 
announced receipt of the amendment in the April 6, 2001, Federal 
Register (66 FR 18216) and invited public comment on its adequacy. The 
public comment period closed May 7, 2001.
    During our review of the amendment, we identified concerns relating 
to submission and processing of requests for valid existing rights 
determinations; interpretative rule related to subsidence due to 
underground coal mining in areas designated by Act of Congress; road 
systems; public notices of filing of permit applications; and 
legislative public hearings. We notified Arkansas of these concerns by 
letter dated April 11, 2001 (Administrative Record No. AR-567.06). By 
letter dated April 19, 2001 (Administrative Record No. AR-567.08), 
Arkansas sent us revisions for the following provisions of the 
amendment:

A. Section 761.16  Submission and Processing of Requests for Valid 
Existing Rights Determinations

    1. Arkansas proposes to make an editorial correction in the last 
sentence in paragraph (b). The revised last sentence will read as 
follows:

* * * This request may be submitted before preparing and submitting 
an application for a permit or boundary revision for the land unless 
the applicable regulatory program provides otherwise.

    2. Arkansas proposes to revise paragraph (d)(1) so that it states 
that the Office of Surface Mining Reclamation and Enforcement (OSM) 
instead of ``the agency'' will publish a notice in the Federal Register 
if the applicant's request for valid existing rights determination 
involves Federal lands within an area listed in Section 761.11(a) or 
(b).
    3. Arkansas proposes to revise the last sentence in paragraph 
(e)(5)(ii) so that it states that the Office of Surface Mining 
Reclamation and Enforcement (OSM) instead of ``the agency'' will 
publish the determination, together with an explanation of appeal 
rights and procedures, in the Federal Register if the applicant's 
request for valid existing rights determination involves Federal lands 
within an area listed in Section 761.11(a) or (b).

B. Section 761.200  Interpretative Rule Related to Subsidence Due to 
Underground Coal Mining in Areas Designated by Act of Congress

    Arkansas proposes to revise this section by replacing obsolete 
``legislative version'' citations of the State Act with current 
``annotated version'' citations of the State Act. The revised section 
will read as follows:

    (a) Interpretation of Section 761.11--AREAS WHERE MINING IS 
PROHIBITED OR LIMITED. Subsidence due to underground coal mining is 
not included in the definition of surface coal mining operations 
under Section 15-58-104(16) of the Act and Section 700.5 of this 
chapter and therefore is not prohibited in areas protected under 
Section 15-58-501(a)(1) of the Act.

C. Section 780.37  Road Systems

    Arkansas proposes to revise paragraph (a)(4) by replacing the words 
``regulatory authority'' with the word ``Director'' for consistency 
with the other regulations in this section. The revised paragraph will 
read as follows:

    (4) Contain a description of measures to be taken to obtain 
approval of the Director for alteration or relocation of a natural 
stream channel under Section 816.151(c)(5) of this chapter;

D. Section 786.11  Public Notices of Filing of Permit Applications

    Arkansas proposes to revise paragraph (a)(5) to require applicants 
to include information on the approximate timing of any proposed 
relocation or closure of a public road. The revised paragraph will read 
as follows:

    (5) If an applicant seeks a permit to mine within 100 feet of 
the outside right-of-way of a public road or to relocate or close a 
public road, except where public notice and hearing have previously 
been provided for this particular part of the road in accordance 
with Section 761.14 of this Chapter, a concise statement describing 
the public road, the particular part to be relocated or closed, and 
the approximate timing and duration of the relocation or closing.

E. Section 786.14  Legislative Public Hearings

    Arkansas proposes to revise paragraph (c) to reflect that the 
public hearings, if requested under Section 761.14(c), are required if 
the applicant proposes to relocate or close a public road or conduct 
surface coal mining operations within 100 feet, measured horizontally, 
of the outside right-of-way line of a public road. The revised 
paragraph will read as follows:

    (c) Legislative Public Hearings held in accordance with this 
Section may be used by the Director as the public hearing required 
under Section 761.14(c) where the applicant proposes to relocate or 
close a public road or conduct surface coal mining operations within 
100 feet, measured horizontally, of the outside right-of-way line of 
a public road.

III. Public Comment Procedures

    We are reopening the comment period on the proposed Arkansas 
program amendment to provide you an opportunity to reconsider the 
adequacy of the amendment in light of the additional materials sent to 
us. Under the provisions of 30 CFR 732.17(h), we are requesting 
comments on whether the amendment satisfies the program approval 
criteria of 30 CFR 732.15. If we approve the amendment, it will become 
part of the Arkansas program.
    Written Comments: If you submit written or electronic comments on 
the proposed rule during the 15-day

[[Page 23870]]

comment period, they should be specific, should be confined to issues 
pertinent to the notice, and should explain the reason for your 
recommendation(s). We may not be able to consider or include in the 
Administrative Record comments delivered to an address other than the 
one listed above (see ADDRESSES).
    Electronic Comments: Please submit Internet comments as an ASCII, 
WordPerfect, or Word file avoiding the use of special characters and 
any form of encryption. Please also include ``Attn: SPATS NO. AR-038-
FOR'' and your name and return address in your Internet message. If you 
do not receive a confirmation that we have received your Internet 
message, contact the Tulsa Field Office at (918) 581-6430.
    Availability of Comments: Our practice is to make comments, 
including names and home addresses of respondents, available for public 
review during regular business hours at OSM's Tulsa Field Office (see 
ADDRESSES). Individual respondents may request that we withhold their 
home address from the administrative record, which we will honor to the 
extent allowable by law. There also may be circumstances in which we 
would withhold from the administrative record a respondent's identity, 
as allowable by law. If you wish us to withhold your name and/or 
address, you must state this prominently at the beginning of your 
comment. However, we will not consider anonymous comments. We will make 
all submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public inspection in their entirety.

IV. Procedural Determinations

Executive Order 12866--Regulatory Planning and Review

    This rule is exempted from review by the Office of Management and 
Budget under Executive Order 12866.

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the counterpart Federal 
regulations.

Executive Order 13132--Federalism

    This rule does not have federalism implications. SMCRA delineates 
the roles of the Federal and State governments with regard to the 
regulation of surface coal mining and reclamation operations. One of 
the purposes of SMCRA is to ``establish a nationwide program to protect 
society and the environment from the adverse effects of surface coal 
mining operations.'' Section 503(a)(1) of SMCRA requires that State 
laws regulating surface coal mining and reclamation operations be ``in 
accordance with'' the requirements of SMCRA, and section 503(a)(7) 
requires that State programs contain rules and regulations ``consistent 
with'' regulations issued by the Secretary under SMCRA.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 and has determined that, to the 
extent allowed by law, this rule meets the applicable standards of 
subsections (a) and (b) of this 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 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

    Section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that a 
decision on a proposed State regulatory program provision does not 
constitute a major Federal action within the meaning of section 
102(2)(C) of the National Environmental Policy Act (42 U.S.C. 
4332(2)(C)). A determination has been made that such decisions are 
categorically excluded from the NEPA process (516 DM 8.4.A).

Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by the Office of Management and Budget 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. Therefore, 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.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5. U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    a. Does not have an annual effect on the economy of $100 million.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, federal, state, or local government 
agencies, or geographic regions.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S. based enterprises to compete with foreign-based enterprises.
    This determination is based upon the fact that the State submittal 
which is the subject of this rule is based upon counterpart Federal 
regulations for which an analysis was prepared and a determination made 
that the Federal regulation was not considered a major rule.

Unfunded Mandates

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 904

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: May 2, 2001.
John W. Coleman,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 01-11728 Filed 5-9-01; 8:45 am]
BILLING CODE 4310-05-P


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