18044 Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Proposed Rules

DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Chapter I

Review of Existing Regulations

AGENCY: Mine Safety and Health

Administration, Labor.

ACTION: Notice.

SUMMARY: MSHA is conducting a

comprehensive review of its existing

safety and health regulations. The

Agency invites mine operators, miners,

manufacturers, and other interested

parties to identify regulations that are

unnecessary or need to be updated.

MSHA specifically requests help in

identifying obsolete requirements and

conflicting or duplicate provisions.

DATES: Submit written comments on or

before May 1, 1995.

ADDRESSES: Send written comments to

the Mine Safety and Health

Administration, Office of Standards,

Regulations, and Variances, Room 631,

4015 Wilson Boulevard, Arlington,

Virginia 22203. Commenters are

encouraged to send comments on a

computer disk along with their original

comments in hard copy.

FOR FURTHER INFORMATION CONTACT:

Patricia W. Silvey, Director, Office of

Standards, Regulations, and Variances,

MSHA, phone 703–235–1910.

SUPPLEMENTARY INFORMATION: MSHA is

conducting a comprehensive review of

all its existing regulations which are in

chapter I of title 30 of the Code of

Federal Regulations. The primary

purpose of this review is to improve the

effectiveness of the Agency’s existing

safety and health regulations, without

reducing the protection provided to

miners. This review is consistent with

the goals of Executive Order 12866, the

Regulatory Flexibility Act, the

Paperwork Reduction Act, and the

Federal Mine Safety and Health Act of

1977. It also is consistent with the

President’s government-wide regulatory

reform efforts to reduce overly

burdensome and paperwork intensive

requirements where possible.

In reviewing its existing regulations,

MSHA is evaluating each standard to

determine if it is unnecessary,

inaccurate, or outdated. For example,

the Agency has identified equipment

approval regulations under which no

applications have been received in

many years. MSHA also is evaluating

whether there are standards which

duplicate, are inconsistent with, or

conflict with other MSHA or Federal

requirements. For example, MSHA is

considering combining the safety and

health standards for surface and

underground metal and nonmetal mines

into a single part to eliminate

unnecessary repetition.

MSHA considers timely public

participation to be an integral part of

any process to improve the effectiveness

of its safety and health regulations. The

Agency, therefore, urges the mining

community and other interested parties

to submit their suggestions for

improving the Agency’s existing

regulations.

Dated: March 31, 1995.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and

Health.

[FR Doc. 95–8656 Filed 4–7–95; 8:45 am]

BILLING CODE 4510–43–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 901 and 924

Alabama and Mississippi Regulatory

Programs

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Announcement of public

comment period and opportunity for

public hearing.

SUMMARY: OSM is requesting public

comment that would be considered in

deciding how to implement in Alabama

and Mississippi underground coal mine

subsidence control and water

replacement provisions of the Surface

Mining Control and Reclamation Act of

1977 (SMCRA), the implementing

Federal regulations, and/or the

counterpart State provisions. Recent

amendments to SMCRA and the

implementing Federal regulations

require that underground coal mining

operations conducted after October 24,

1992, promptly repair or compensate for

subsidence-caused material damage to

noncommercial buildings and to

occupied dwellings and related

structures. These provisions also require

such operations to promptly replace

drinking, domestic, and residential

water supplies that have been adversely

affected by underground coal mining.

OSM must decide if the Alabama and

Mississippi’s regulatory programs

(hereinafter referred to as the ‘‘Alabama

program’’ and ‘‘Mississippi program’’)

currently have adequate counterpart

provisions in place to promptly

implement the recent amendments to

SMCRA and the Federal regulations.

After consultation with Alabama and

Mississippi and consideration of public

comments, OSM will decide whether

initial enforcement in Alabama and

Mississippi will be accomplished

through the State program amendment

process or by State enforcement, by

interim direct OSM enforcement, or by

joint State and OSM enforcement.

DATES: Written comments must be

received by 4:00 p.m., C.S.T. on April

30, 1995. If requested, OSM will hold a

public hearing on April 25, 1995,

concerning how the underground coal

mine subsidence control and water

replacement provisions of SMCRA and

the implementing Federal regulations,

or the counterpart State provisions,

should be implemented in Alabama and

Mississippi. Requests to speak at the

hearing must be received by 4:00 p.m.,

C.S.T. on April 15, 1995.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand-delivered to Jesse

Jackson, Jr., Director, Birmingham Field

Office at the address listed below. Office

of Surface Mining, 135 Gemini Circle,

Suite 215, Birmingham, Alabama 35209.

Copies of the applicable parts of the

Alabama and Mississippi programs,

SMCRA, the implementing Federal

regulations, information provided by

Alabama and Mississippi concerning

their authority to implement State

counterparts to SMCRA and the

implementing Federal regulations, 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

address listed below during normal

business hours, Monday through Friday,

excluding holidays. Jesse Jackson, Jr.,

Director, Birmingham Field Office,

Office of Surface Mining Reclamation

and Enforcement, 135 Gemini Circle,

Suite 215, Birmingham, Alabama 35209,

Telephone: (205) 290–7282.

FOR FURTHER INFORMATION CONTACT:

Jesse Jackson, Jr., Director, Birmingham

Field Office, Telephone: (205) 290–

7282.

SUPPLEMENTARY INFORMATION:

I. Background

A. The Energy Policy Act

Section 2504 of the Energy Policy Act

of 1992, Pub. L. 102–486, 106 Stat. 2776

(1992) added new section 720 to

SMCRA. Section 720(a)(1) requires that

all underground coal mining operations

promptly repair or compensate for

subsidence-caused material damage to

noncommercial buildings and to

occupied residential dwellings and

related structures. Repair of damage
Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Proposed Rules 18045

includes rehabilitation, restoration, or

replacement of the structures identified

in section 720(a)(1), and compensation

must be provided to the owner in the

full amount of the reduction in value of

the damaged structures as a result of

subsidence. Section 720(a)(2) requires

prompt replacement of certain

identified water supplies if those

supplies have been adversely affected

by underground coal mining operations.

These provisions requiring prompt

repair or compensation for damage to

structures, and prompt replacement of

water supplies, went into effect upon

passage of the Energy Policy Act on

October 24, 1992. As a result,

underground coal mine permittees in

States with OSM-approved regulatory

programs are required to comply with

these provisions for operations

conducted after October 24, 1992.

B. The Federal Regulations

Implementing the Energy Policy Act

On March 31, 1995, OSM

promulgated regulations at 30 CFR part

817 to implement the performance

standards of sections 720(a) (1) and (2)

of SMCRA (60 FR 16722).

30 CFR 817.121(c)(2) requires in part

that:

The permittee must promptly repair, or

compensate the owner for, material damage

resulting from subsidence caused to any noncommercial building or occupied residential

dwelling or structure related thereto that

existed at the time of mining. * * * The

requirements of this paragraph apply only to

subsidence-related damage caused by

underground mining activities conducted

after October 24, 1992.

30 CFR 817.41(j) requires in part that:

The permittee must promptly replace any

drinking, domestic or residential water

supply that is contaminated, diminished or

interrupted by underground mining activities

conducted after October 24, 1992, if the

affected well or spring was in existence

before the date the regulatory authority

received the permit application for the

activities causing the loss, contamination or

interruption.

30 CFR 843.25 provides that by July

29, 1995, OSM will decide, in

consultation with each State regulatory

authority with an approved program,

how enforcement of the new

requirements will be accomplished. As

discussed below, enforcement may be

accomplished through the 30 CFR part

732 State program amendment process,

or by State, OSM, or joint State and

OSM enforcement of the requirements.

OSM will decide which of the following

enforcement approaches to pursue.

(1) State program amendment

process. If the State’s promulgation of

regulatory provisions that are

counterpart to 30 CFR 817.41(j) and

817.121(c)(2) is imminent, the number

and extent of underground mines that

have operated in the State since October

24, 1992, is low, the number of

complaints in the State concerning

section 720 of SMCRA is low, or the

State’s investigation of subsidencerelated complaints has been thorough

and complete so as to assure prompt

remedial action, then OSM could decide

not to directly enforce the Federal

provisions in the State. In this situation,

the State would enforce its State

statutory and regulatory provisions once

it has amended its program to be in

accordance with the revised SMCRA

and to be consistent with the revised

Federal regulations. This program

revision process, which is addressed in

the Federal regulations at 30 CFR part

732, is commonly referred to as the

State program amendment process.

(2) State enforcement. If the State has

statutory or regulatory provisions in

place that correspond to all of the

requirements of the above-described

Federal regulations at 30 CFR 817.41(j)

and 817.121(c)(2) and the State has

authority to implement its statutory and

regulatory provisions for all

underground mining activities

conducted after October 24, 1992, then

the State would enforce its provisions

for these operations.

(3) Interim direct OSM enforcement. If

the State does not have any statutory or

regulatory provisions in place that

correspond to the requirements of the

Federal regulations at 30 CFR 817.41(j)

and 817.121(c)(2), then OSM would

enforce in their entirety 30 CFR

817.41(j) and 817.121(c)(2) for all

underground mining activities

conducted in the State after October 24,

1992.

(4) State and OSM enforcement. If the

State has statutory or regulatory

provisions in place that correspond to

some but not all of the requirements of

the Federal regulations at 30 CFR

817.41(j) and 817.121(c)(2) and the State

has authority to implement its

provisions for all underground mining

activities conducted after October 24,

1992, then the State would enforce its

provisions for these operations. OSM

would then enforce those provisions of

30 CFR 817.41(j) and 817.121(c)(2) that

are not covered by the State provisions

for these operations.

If the State has statutory or regulatory

provisions in place that correspond to

some but not all of the requirements of

the Federal regulations at 30 CFR

817.41(j) and 817.121(c)(2) and if the

State’s authority to enforce its

provisions applies to operations

conducted on or after some date later

than October 24, 1992, the State would

enforce its provisions for these

operations on and after the provisions’

effective date. OSM would then enforce

30 CFR 817.41(j) and 817.121(c)(2) to

the extent the State statutory and

regulatory provisions do not include

corresponding provisions applicable to

all underground mining activities

conducted after October 24, 1992; and

OSM would enforce those provisions of

30 CFR 817.41(j) and 817.121(c)(2) that

are included in the State program but

are not enforceable back to October 24,

1992, for the time period from October

24, 1992, until the effective date of the

State’s rules.

As described in item numbers (3) and

(4) above, OSM would directly enforce

in total or in part its Federal statutory

or regulatory provisions until the State

adopts and OSM approves, under 30

CFR part 732, the State’s counterparts to

the required provisions. However, as

discussed in item number (1) above,

OSM could decide not to initiate direct

Federal enforcement and rely instead on

the 30 CFR part 732 State program

amendment process.

In those situations where OSM

determined that direct Federal

enforcement was necessary, the ten-day

notice provisions of 30 CFR 843.12(a)(2)

would not apply. That is, when on the

basis of a Federal inspection OSM

determined that a violation of 30 CFR

817.41(j) and 817.121(c)(2) existed,

OSM would issue a notice of violation

or cessation order without first sending

a ten-day notice to the State.

Also under direct Federal

enforcement, the provisions of 30 CFR

817.121(c)(4) would apply. This

regulation states that if damage to any

noncommercial building or occupied

residential dwelling or structure related

thereto occurs as a result of earth

movement within an area determined by

projecting a specified angle of draw

from the outermost boundary of any

underground mine workings to the

surface of the land (normally a 30

degree angle of draw), a rebuttable

presumption exists that the permittee

caused the damage.

Lastly, under direct Federal

enforcement, OSM would also enforce

the new definitions at 30 CFR 701.5 of

‘‘drinking, domestic or residential water

supply,’’ ‘‘material damage,’’ ‘‘noncommercial building,’’ ‘‘occupied

dwelling and structures related thereto,’’

and ‘‘replacement of water supply’’ that

were adopted with the new

underground mining performance

standards.

OSM would enforce 30 CFR 817.41(j),

817.121(c) (2) and (4), and 30 CFR 701.5
18046 Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Proposed Rules

for operations conducted after October

24, 1992.

C. Enforcement in Alabama

By letter to Alabama dated December

14, 1994, OSM requested information

from Alabama that would help OSM

decide which approach to take in

Alabama to implement the new

requirements of section 720(a) of

SMCRA and the implementing Federal

regulations (Administrative Record No.

AL–520). By letter dated January 1,

1995, Alabama responded to this OSM

request (Administrative Record No. AL–

521).

Alabama stated that ten underground

coal mines were active in Alabama after

October 24, 1992. Alabama stated that

the Alabama program does not fully

authorize enforcement of the

requirements of section 720(a) of

SMCRA and the implementing Federal

regulations. Alabama’s regulations are

silent on the issue of replacement of

water supplies damaged by subsidence

but do contain a ‘‘to the extent required

by State law’’ limitation on repair of

material damage to structures. Alabama

has not determined whether a change to

the State Act is necessary to implement

regulation change which would be

required under the Energy Policy Act

(EPACT). Further analysis will be

necessary by the State legal staff before

a determination can be made of the need

for statutory revisions.

Alabama has assumed since the

passage of EPACT that the retroactive

enforcement of its provisions by

Alabama would be possible until

regulatory changes can be made due to

the proposal to supersede State program

provisions. Alabama has in fact adopted

the position that since the effective date

of EPACT they have had enforcement

authority of its provisions.

Since October 24, 1992, Alabama has

had only one citizen complaint where

alleged damage to structures from

subsidence has existed. This complaint

covered a church and several houses.

No complaints have been received

alleging damage to water supplies due

to subsidence.

D. Enforcement in Mississippi

By letter to Mississippi dated

December 14 1994, OSM requested

information from Mississippi that

would help OSM decide which

approach to take in Mississippi to

implement the new requirements of

section 720(a) of SMCRA and the

implementing Federal regulations

(Administration Record No. MS–328).

Mississippi has not responded to the

December 14, 1994, letter requesting

information on underground coal mines.

Mississippi has had no surface nor

underground coal mining operations

since October 24, 1992. At the present

time, Mississippi is in the process of

completely revising its approved

regulatory program.

II. Public Comment Procedures

OSM is requesting public comment to

assist OSM in making its decision on

which approach to use in Alabama and

Mississippi to implement the

underground coal mine performance

standards of section 720(a) of SMCRA,

the implementing Federal regulations,

and any counterpart State provisions.

A. Written Comments

Written comments should be specific,

pertain only to the issues addressed in

this notice, 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 OSM’s final decision or

included in the Administrative Record.

B. Public Hearing

Persons wishing to speak at the public

hearing should contact the person listed

under FOR FURTHER INFORMATION

CONTACT by 4 p.m., C.S.T. on April 15,

1995. The location and time of the

hearing will be arranged with those

persons requesting the hearing. If no one

requests an opportunity to testify 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.

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.

C. Public Meeting

If only a few persons request an

opportunity to speak at a hearing, a

public meeting, rather than a public

hearing, may be held. Persons wishing

to meet with OSM representatives to

discuss recommendations on how OSM

and Alabama and Mississippi should

implement the provisions of section

720(a) of SMCRA, the implementing

Federal regulations, and/or the

counterpart State provisions, 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.

Dated: April 4, 1995.

David G. Simpson,

Acting Assistant Director, Eastern Support

Center.

[FR Doc. 95–8754 Filed 4–7–95; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 938 and 920

Pennsylvania and Maryland Regulatory

Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Announcement of public

comment period and opportunity for

public hearing.

SUMMARY: OSM is requesting public

comment that would be considered in

deciding how to implement in

Pennsylvania and Maryland,

underground coal mine subsidence

control and water replacement

provisions of the Surface Mining

Control and Reclamation Act of 1977

(SMCRA), the implementing Federal

regulations, and/or the counterpart State

provisions. Recent amendments to

SMCRA and the implementing Federal

regulations require that underground

coal mining operations conducted after

October 24, 1992, promptly repair or

compensate for subsidence-caused

material damage to noncommercial

buildings and to occupied dwellings

and related structures. These provisions

also require such operations to promptly

replace drinking, domestic, and

residential water supplies that have

been adversely affected by underground

coal mining.

OSM must decide if the Pennsylvania

and the Maryland regulatory programs

(hereinafter referred to as the

‘‘Pennsylvania Program’’ and the

‘‘Maryland Program’’) currently have

adequate counterpart provisions in

place to promptly implement the recent

amendments to SMCRA and the Federal

regulations. After consultation with