Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 17495

ammunition feeding devices.

Regulations are also prescribed with

regard to reports of theft or loss of

firearms from a licensee’s inventory or

collection, new requirements for Federal

firearms licensing, responses by

firearms licensees to requests for gun

trace information, and possession of

firearms by persons subject to

restraining orders. The temporary

regulations also serve as the text of this

notice of proposed rulemaking for final

regulations.

DATES: Written comments must be

received on or before July 5, 1995.

ADDRESSES: Send written comments to:

Chief, Regulations Branch; Bureau of

Alcohol, Tobacco and Firearms; P.O.

Box 50221; Washington, DC 20091–

0221; Attn.: Notice No. 807.

FOR FURTHER INFORMATION CONTACT:

James P. Ficaretta, Regulations Branch,

Bureau of Alcohol, Tobacco and

Firearms, 650 Massachusetts Avenue,

NW., Washington, DC 20226 (202–927–

8230).

SUPPLEMENTARY INFORMATION:

Executive Order 12866

It has been determined that this

proposed rule is not a significant

regulatory action as defined in E.O.

12866, because the economic effects

flow directly from the underlying

statute and not from this temporary rule.

Therefore, a regulatory assessment is not

required.

Regulatory Flexibility Act

It is hereby certified that these

proposed regulations will not have a

significant economic impact on a

substantial number of small entities.

Accordingly, a regulatory flexibility

analysis is not required. The revenue

effects of this rulemaking on small

businesses flow directly from the

underlying statute. Likewise, any

secondary or incidental effects, and any

reporting, recordkeeping, or other

compliance burdens flow directly from

the statute.

Paperwork Reduction Act

The collections of information

contained in this notice have been

submitted to the Office of Management

and Budget for review in accordance

with the Paperwork Reduction Act of

1980 (44 U.S.C. 3504(h)). Comments on

the collections of information should be

sent to the Office of Management and

Budget, Paperwork Reduction Project

1512–0526, Attention: Desk officer for

the Department of the Treasury, Bureau

of Alcohol, Tobacco and Firearms,

Office of Information and Regulatory

Affairs, Washington, DC 20503, with

copies to the Chief, Information

Programs Branch, Room 3450, Bureau of

Alcohol, Tobacco, and Firearms, 650

Massachusetts Avenue, NW.,

Washington, DC 20226.

The collections of information in this

proposed regulation are in 27 CFR

178.40(c), 178.40a(c), 178.129(e),

178.132, and 178.133. This information

is required by ATF to ensure

compliance with the provisions of Pub.

L. 103–322 (108 Stat. 1796). The likely

respondents and recordkeepers are

individuals and businesses. Estimated

total annual reporting and

recordkeeping burden: 2.52 hours.

Estimated number of respondents and

recordkeepers: 2,206,555. Total annual

hours requested: 699,863. Additional

collections of information contained in

this proposed regulation which have

approved control numbers are in

§§ 178.39a (OMB No. 1512–0524),

178.47 (OMB Nos. 1512–0522 and

1512–0523), 178.52 (OMB No. 1512–

0525), and 178.119 (OMB Nos. 1512–

0017, 1512–0018, and 1512–0019).

Public Participation

ATF requests comments on the

temporary regulations from all

interested persons. Comments received

on or before the closing date will be

carefully considered. Comments

received after that date will be given the

same consideration if it is practical to

do so, but assurance of consideration

cannot be given except as to comments

received on or before the closing date.

ATF will not recognize any material

in comments as confidential. Comments

may be disclosed to the public. Any

material which the commenter

considers to be confidential or

inappropriate for disclosure to the

public should not be included in the

comment. The name of the person

submitting a comment is not exempt

from disclosure.

Any interested person who desires an

opportunity to comment orally at a

public hearing should submit his or her

request, in writing, to the Director

within the 90-day comment period. The

Director, however, reserves the right to

determine, in light of all circumstances,

whether a public hearing is necessary.

The temporary regulations in this

issue of the Federal Register amend the

regulations in 27 CFR Parts 55, 72, 178,

and 179. For the text of the temporary

regulations, see T.D. ATF–363

published in the Rules and Regulations

section of this issue of the Federal

Register.

Drafting Information

The author of this document is James

P. Ficaretta, Regulations Branch, Bureau

of Alcohol, Tobacco and Firearms.

Signed: February 10,1995.

Daniel R. Black,

Acting Director.

Approved: February 27, 1995.

John P. Simpson,

Deputy Assistant Secretary (Regulatory, Tariff

and Trade Enforcement).

[FR Doc. 95–8234 Filed 4–3–95; 4:18 pm]

BILLING CODE 4810–31–U

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Parts 902, 926, 934, and 950

Alaska, Montana, North Dakota, and

Wyoming 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 Alaska,

Montana, North Dakota, and Wyoming

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 Alaska,

Montana, North Dakota, and Wyoming

regulatory programs (hereinafter

referred to as the ‘‘Alaska, Montana,

North Dakota, and Wyoming programs’’)

currently have adequate counterpart

provisions in place to promptly

implement the recent amendments to

SMCRA and the Federal regulations.

After consultation with Alaska,

Montana, North Dakota, and Wyoming

and consideration of public comments,
17496 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules

OSM will decide whether initial

enforcement in Alaska, Montana, North

Dakota, and Wyoming 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., m.d.t. on May 8,

1995. If requested, OSM will hold a

public hearing on May 1, 1995,

concerning how the underground coal

mine subsistence control and water

replacement provisions of SMCRA and

the implementing Federal regulations,

or the counterpart State provisions,

should be implemented in Alaska,

Montana, North Dakota, and Wyoming.

Requests to speak at the hearing must be

received by 4:00 p.m., m.d.t. on April

21, 1995.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand-delivered to Guy

Padgett, Director, Casper Field Office at

the address listed below.

Copies of the applicable parts of the

Alaska, Montana, North Dakota, and

Wyoming programs, SMCRA, the

implementing Federal regulations,

information provided by Alaska,

Montana, North Dakota, and Wyoming

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.

Guy Padgett, Director, Office of

Surface Mining Reclamation and

Enforcement, Casper Field Office, 100 E

‘‘B’’ Street, Room 2128, Casper,

Wyoming 82601, Telephone: (307) 261–

5776.

FOR FURTHER INFORMATION CONTACT:

Guy Padgett, Director, Casper Field

Office, Telephone: (307) 261–5776.

SUPPLEMENTARY INFORMATION:

I. Background

A. The Energy Policy Act

Section 2504 of the Energy Policy Act

of 1992, Public Law 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

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 16722–16751).

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

31, 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
Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 17497

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) or 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

for operations conducted after October

24, 1992.

C. Enforcement in Alaska

By letter to Alaska dated December

15, 1994, OSM requested information

from Alaska that would help OSM

decide which approach to take in

Alaska to implement the requirements

of section 720(a) of SMCRA, the

implementing Federal regulations, and/

or the counterpart Alaska program

provisions (Administrative Record No.

AK–F–01). By letter dated January 27,

1995, Alaska responded to OSM’s

request (Administrative Record No. AK–

F–02).

Alaska stated that no underground

coal mines were operating in Alaska

after October 24, 1992.

Alaska stated that its program does

not contain or authorize enforcement of

the structural damage repair and water

supply replacement requirements of

section 720(a) of SMCRA. To be no less

stringent than SMCRA, Alaska indicated

that it would have to amend section

27.21.220 of the Alaska Surface Coal

Mining Control and Reclamation Act to

add subsection (c) to require prompt

repair or compensation for material

damage resulting subsidence, and

prompt replacement of water supplies

affected by underground coal mining

operations. It indicated that it

realistically believed that this statutory

change could be made in the spring of

1996.

Alaska concluded that it did not

believe that it has the statutory authority

to investigate complaints of structural

damage or water loss caused by under

coal mining operations after October 24,

1992.

D. Enforcement in Montana

By letter to Montana dated December

15, 1994, OSM requested information

from Montana that would help OSM

decide which approach to take in

Montana to implement the requirements

of section 720(a) of SMCRA, the

implementing Federal regulations, and/

or the counterpart Montana program

provisions (Administrative Record No.

MT–13–01). By letter dated March 6,

1995, Montana responded to OSM’s

request (Administrative Record No.

MT–13–02).

Montana stated that one underground

coal mines was active in Montana after

October 24, 1992. Montana stated that

its program does not fully authorize

enforcement of the structural repair and

water replacement requirements of

section 720(a) of SMCRA and the

implementing Federal regulations.

Specifically, Montana indicated that

(1) Administrative Rules of Montana

26.4.911(5), which address

compensation for structural damage

resulting from subsidence, are not

clearly authorized by the subsidence

prevention provisions of section 82–4–

231(10)(f) of the Montana Strip and

Underground Mine Reclamation Act

(MSUMRA); (2) section 82–4–253(2) of

MSUMRA excepts water derived from

‘‘a subterranean stream having a

permanent, distinct, and known

channel’’ from the requirement for

underground coal miners to promptly

replace drinking, domestic, or

residential water supplies affected

underground coal mining, and (3) the

procedural requirements of section 82–

4–253(2) of MSUMRA would not, in

Montana’s opinion, result in ‘‘prompt’’

replacement of water supplies adversely

affected by underground coal mining.

Montana has stated that statutory

changes to address these issues will

need to be sought in the next legislative

session in January 1997, and subsequent

rule changes would follow adoption of

statute changes. OSM has determined

that Montana has not received or

investigated any citizen complaints

alleging subsidence-related structural

damage or water supply loss or

contamination as a result of

underground mining operations

conducted after October 24, 1992.

E. Enforcement in North Dakota

By letter to North Dakota dated

December 15, 1994, OSM requested

information from North Dakota that

would help OSM decide which

approach to take in North Dakota to

implement the requirements of section

720(a) of SMCRA, the implementing

Federal regulations, and/or the

counterpart North Dakota program

provisions (Administrative Record No.

ND–W–01). By letter dated December

21, 1994, North Dakota responded to

OSM’s request (Administrative Record

No. ND–W–02).

North Dakota stated that no

underground coal mines were operating

in North Dakota after October 24, 1992.

North Dakota’s regulatory program does

not allow underground mining at the

present time. In the event that North

Dakota received an application for

underground mining, North Dakota

would have to revise its program to

incorporate counterpart provisions to

section 720(a) of SMCRA and the

implementing Federal regulations.

F. Enforcement in Wyoming

By letter to Wyoming dated December

15, 1994, OSM requested information

from Wyoming that would help OSM

decide which approach to take in

Wyoming to implement the

requirements of section 720(a) of

SMCRA, the implementing Federal
17498 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules

regulations, and/or the counterpart

Wyoming program provisions

(Administrative Record No. WY–29–01).

By letter dated January 19, 1995,

Wyoming responded to OSM’s request

(Administrative Record No. WY–29–02).

Wyoming stated that three

underground coal mines were active in

Wyoming after October 24, 1992.

Wyoming indicated that existing State

program provision at Wyoming Statutes

35–11–102 (policy and purpose); 35–

11–406 (permit applications); 35–11–

416 (surface owner protection); and 35–

11–428 (in situ mining permit

applications); and Wyoming Coal Rules

and Regulations at chapter VI, section 2

(general environmental performance

standards); chapter VII, sections 1

through 4 (underground mining permit

applications, environmental protection

performance standards, public notice,

and surface owner protection); and

chapter XVIII, section 3 (in situ mining

permit applications) are adequate State

counterparts to section 720(a) of

SMCRA and the implementing Federal

regulations.

Wyoming explained that it will

enforce these State program provisions

in accordance with the enforcement

provisions that were in effect October

24, 1992. Wyoming has investigated one

citizen complaint alleging subsidencecaused structural damage or water

supply loss or contamination as a result

of underground mining operations

conducted after October 24, 1992. This

complaint concerned subsidence

damage to a reclaimed reservoir. This is

a unique situation in that the alleged

damage occurred within the permit area

of an adjacent surface coal mine. The

two mine operators have mutually

agreed upon corrective measures and

have not requested the State of

Wyoming to intervene.

II. Public Comment Procedures

OSM is requesting public comment to

assist OSM in making its decision on

which approach to use in Alaska,

Montana, North Dakota, and Wyoming

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 Casper 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 4:00 p.m., m.d.t. on April

21, 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 Alaska, Montana, North Dakota, and

Wyoming 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: March 31, 1995.

Russell F. Price,

Acting Assistant Director, Western Support

Center.

[FR Doc. 95–8467 Filed 4–5–95; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Parts 904, 918, 936, and 943

Arkansas, Louisiana, Oklahoma, and

Texas 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

Arkansas, Louisiana, Oklahoma, and

Texas 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 Arkansas,

Louisiana, Oklahoma, and Texas

regulatory programs (hereinafter

referred to as the ‘‘States programs’’)

currently have adequate counterpart

provisions in place to promptly

implement the recent amendments to

SMCRA and the Federal regulations.

After consultation with Arkansas,

Louisiana, Oklahoma, and Texas and

consideration of public comments, OSM

will decide whether initial enforcement

in Arkansas, Louisiana, Oklahoma, and

Texas 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 p.m., c.d.t. on May 8,

1995. If requested, OSM will hold a

public hearing on May 1, 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 Arkansas,

Louisiana, Oklahoma, and Texas.

Requests to speak at the hearing must be

received by 4 p.m., c.d.t. on April 21,

1995.