26442 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

inadvertently appears. This correction

notice deletes the word from the rule.

The second sentence of the final rule

language of paragraph (a) of § 75.363

Hazardous conditions; posting,

correcting and recording, inadvertently

contains a phrase which limits the

application of the rule. The phrase

would exclude the application of

posting and correcting requirements of

§ 75.363 when a hazardous condition is

found during a preshift examination or

during a preshift type examination

conducted following a fan stoppage and

restart under § 75.313(d)(1)(i). As

proposed, MSHA’s intent is that the

§ 75.363 requirements for posting or

immediately correcting hazardous

conditions do apply to the preshift

examination and to preshift-type

examinations conducted following a fan

stoppage and restart under

§ 75.313(d)(1)(i). It is only the recording

requirements of § 75.363 that do not

extend to the § 75.360 and § 75.364

examinations since these examinations

contain their own recording

requirements. This correction notice

deletes the phrase that inadvertently

appears in the rule. Also, this correction

notice makes a conforming change to

the preamble of the rule. On page 9802

of the preamble to the final rule, the

second sentence of the second

paragraph in the first column is

corrected by this notice.

In the preamble to § 75.380

Escapeways; bituminous and lignite

mines, on page 9813, the second

column, 14 lines from the top, the date

‘‘September 15, 1992’’ is incorrect. The

correct date is ‘‘November 16, 1992,’’

which was the effective date of the 1992

final ventilation rule. This correction

notice deletes the incorrect date and

replaces it with the correct date. In

addition, a portion of the preamble

discussion for § 75.380 is inadvertently

repeated almost verbatim and is deleted

by this correction notice. Specifically,

the repetition of the preamble

discussion of § 75.380 begins with the

third full paragraph of the middle

column on page 9816 (the paragraph

begins, —Like the proposal, the final

rule * * *’’) and continues through the

end of the preamble discussion for

§ 75.380.

Correction of Publication

The preamble and final rule for safety

standards for underground coal mine

ventilation that appeared in the Federal

Register on March 11, 1996 (61 FR

9764) are corrected as follows:

1. In the preamble, on page 9774, in

the second column, 25 lines from the

bottom, the phrase ‘‘in nonventilated

areas’’ is removed.

2. In the preamble, on page 9782, in

the second column, last paragraph, the

last sentence is correctly revised to read

as ‘‘New paragraph (h) requires all

ventilation controls, including seals, to

be maintained to serve the purpose for

which they were built’’.

3. In the preamble, on page 9801, in

the last column, last paragraph, the last

sentence is correctly revised to read as

‘‘Under (g)(2), the certified person

directing the on-shift examination to

assure compliance with the respirable

dust control parameters specified in the

mine ventilation plan must certify by

initials, date, and time that the

examination was made.’’

4. In the preamble, on page 9802, in

the first column, the second sentence of

the second paragraph is correctly

revised to read as, ‘‘It specifies that

hazardous conditions shall be corrected

immediately or posted until the

conditions are corrected.’’

5. In the preamble, on page 9813, in

the second column, 14 lines from the

top, remove ‘‘September 15, 1992’’, and

add ‘‘November 16, 1992’’.

6. In the preamble, beginning on page

9816, in the second column, the third

full paragraph, through page 9820, to

the end of the first column is removed.

7. In the rule, on page 9832, in the

first column, § 75.322 is correctly

revised to read as:

§ 75.322 Harmful quantities of noxious

gases.

Concentrations of noxious or

poisonous gases, other than carbon

dioxide, shall not exceed the threshold

limit values (TLV) as specified and

applied by the American Conference of

Governmental Industrial Hygienists in

‘‘Threshold Limit Values for Substance

in Workroom Air’’ (1972). Detectors or

laboratory analysis of mine air samples

shall be used to determine the

concentrations of harmful, noxious, or

poisonous gases. This incorporation by

reference has been approved by the

Director of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1

CFR part 51. Copies are available from

the Mine Safety and Health

Administration, Department of Labor,

4015 Wilson Boulevard, Arlington, VA

22203 and at every Coal Mine Health

and Safety District and Subdistrict

Office. The material is available for

examination at the Office of the Federal

Register, 800 N. Capitol Street, NW., 7th

Floor, suite 700, Washington, DC.

§ 75.325 [Corrected]

8. In the rule, on page 9833, in the

second column, § 75.325(b), a sentence

is added following the last sentence of

the first paragraph to read as follows:

* * * * *

(b) * * * This minimum also applies

to sections which are not operating but

are capable of producing coal by simply

energizing the equipment on the

section.

* * * * *

§ 75.333 [Corrected]

9. In the rule, on page 9835, in the

first column, § 75.333, paragraph (h), is

correctly revised to read as follows:

* * * * *

(h) All ventilation controls, including

seals, shall be maintained to serve the

purpose for which they were built.

§ 75.362 [Corrected]

10. In the rule, on page 9839, in the

second column, the last sentence,

§ 75.362, paragraph (a)(2), is correctly

revised to read as follows:

(a) * * *

(2) * * * Measurements of the air

velocity and quantity, water pressure

and flow rates are not required if

continuous monitoring of these controls

is used and indicates that the dust

controls are functioning properly.

* * * * *

11. In the rule, on page 9839, in the

third column, § 75.362, paragraph (g)(2),

is correctly revised to read as follows:

* * * * *

(g) * * *

(2) The certified person directing the

on-shift examination to assure

compliance with the respirable dust

control parameters specified in the mine

ventilation plan shall certify by initials,

date, and time that the examination was

made.

* * * * *

§ 75.363 [Corrected]

12. In the rule on page 9839, in the

third column, the second sentence of

§ 75.363, paragraph (a), is correctly

revised to read as follows:

(a) * * * A hazardous condition shall

be corrected immediately or the area

shall remain posted until the hazardous

condition is corrected. * * *

* * * * *

Dated: May 17, 1996.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and

Health.

[FR Doc. 96–13275 Filed 5–22–96; 3:08 pm]

BILLING CODE 4510–43–P
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26443

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 914

[SPATS No. IN–112–FOR; Amendment No.

92–7C]

Indiana Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; clarification/

approval of amendment.

SUMMARY: OSM is clarifying the

previous approval, and noted deferrals

therein, of an amendment to the Indiana

permanent regulatory program

(hereinafter referred to as the ‘‘Indiana

program’’) under the Surface Mining

Control and Reclamation Act of 1977

(SMCRA). The amendment consisted of

revisions to Indiana’s Surface Coal

Mining and Reclamation Rules

concerning the control of subsidence

caused by underground mining

operations. The amendment was

submitted to revise the Indiana program

to be consistent with SMCRA and to

incorporate State initiatives.

EFFECTIVE DATE: May 28, 1996.

FOR FURTHER INFORMATION CONTACT:

Mr. Roger W. Calhoun, Director,

Indianapolis Field Office, Office of

Surface Mining Reclamation and

Enforcement, Minton-Capehart Federal

Building, 575 North Pennsylvania

Street, Room 301, Indianapolis, Indiana

46204–1521, Telephone (317) 226–6166.

SUPPLEMENTARY INFORMATION:

I. Background on the Indiana 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 Indiana Program

On July 29, 1982, the Secretary of the

Interior conditionally approved the

Indiana program. Background

information on the Indiana program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the July 26, 1982, Federal Register (47

FR 32107). Subsequent actions

concerning the conditions of approval

and program amendments can be found

at 30 CFR 914.10, 914.15, and 914.16.

II. Submission of the Proposed

Amendment

By letter dated December 2, 1992

(Administrative Record No. IND–1175),

the Indiana Department of Natural

Resources (IDNR) submitted a proposed

amendment (#92–7) to the Indiana

program. Amendment #92–7 proposed

changes to the Indiana surface mining

rules concerning subsidence liability.

On May 17, 1993, OSM approved,

with two exceptions, amendment #92–7

(58 FR 28775). By letter dated March 18,

1994 (Administrative Record Number

IND–1340), Indiana submitted to OSM a

notice of the final adoption of

amendment #92–7 as published in the

Indiana Register, Volume 17, Number 6,

pages 1086–1089 (March 1, 1994).

The final adopted language of

amendment #92–7 differed in some

ways from the language approved by

OSM on May 17, 1993. Therefore, OSM

reopened the public comment period

and invited comment on the substantive

differences.

OSM announced receipt of the

proposed amendment (i.e., the adopted

language of #92–7) in the April 22, 1994,

Federal Register (59 FR 19155), and in

the same document opened the public

comment period and provided

opportunity for a public hearing on the

adequacy of the proposed amendment.

The comment period closed on May 23,

1994.

On April 20, 1995, OSM approved the

amendment with deferrals on decisions

in three areas until July 31, 1995, when

OSM was to address the enforcement of

SMCRA section 720 and 30 CFR 784.20

and 817.121 (60 FR 19669). The

deferrals related to the above

enforcement provisions during the

period from the effective date of SMCRA

section 720 (October 24, 1992) to the

effective date of the corresponding

Indiana statute IC 13–4.1–9–2.5 (June

30, 1994).

On July 28, 1995, OSM announced its

decision on initial enforcement of

underground coal mine subsidence

control and water replacement

requirements in Indiana (60 FR 38680).

After consultation with Indiana and

consideration of public comments, OSM

decided that initial enforcement in

Indiana would be accomplished through

joint Indiana and OSM enforcement.

OSM, however, did not specifically

address the deferrals of the April 20,

1995, approval (60 FR 19669).

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 deferrals

contained in the original approval of the

proposed amendment (60 FR 19669).

These findings are based on the original

proposed amendment and the April 20,

1995, approval and deferrals related to

the enforcement scheme as published

on July 28, 1995. It should be noted that

the July 28, 1995, decision addressed

only the initial enforcement schemes for

water replacement (30 CFR 817.41(j))

and subsidence damage repair/

compensation (30 CFR 817.121(c)(2))

provided for under section 720 of the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA), as

amended by the Energy Policy Act of

1992, Pub. L. 102–486, 106 Stat.

2776(1992). In addition to the basic

water supply replacement requirement

and the related subsidence damage

repair requirement, the implementing

Federal regulations that became

effective March 31, 1995, contain other

related supporting and permitting

provisions. OSM anticipates that these

other requirements will become

effective in the same way as other

revisions to the permanent program

regulations; i.e., in primacy states such

as Indiana, upon adoption of

counterpart State regulatory program

provisions (60 FR 16722). This process

will be initiated separately by OSM

under the provisions of 30 CFR

732.17(d)).

1. 310 IAC 12–3–87.1 Subsidence

Control Plan

310 IAC 12–3–87.1(c)(2). In the April

20, 1995, Federal Register, the Director

approved the language at subsection

87.1(c)(2) to the extent that it met the

requirements of SMCRA section 720 and

30 CFR 784.20 from June 30, 1994.

However, the Director deferred a

decision until July 31, 1995, on the

enforcement of the provisions of

SMCRA section 720 and 30 CFR 784.20

during the period from the effective date

of SMCRA section 720 (October 24,

1992) to the effective date of the

corresponding Indiana statute IC 13–

4.1–9–2.5 (June 30, 1994).

On July 28, 1995, OSM announced its

decision on initial enforcement of

underground coal mine subsidence

control and water replacement

requirements in Indiana (60 FR 38680).

After consultation with Indiana and

consideration of public comments, OSM

decided that initial enforcement in

Indiana would be accomplished through

joint Indiana and OSM enforcement. In

discussions leading to this decision,

Indiana indicated that Indiana law at IC

13–4.1–9–2.5 incorporates the

substantive language of section 620 of

SMCRA and applies to underground

mining operations conducted after June

30, 1994. For underground mining

operations conducted in Indiana in the

interim period between October 24,

1992 (the effective date of the Energy

Policy Act of 1992 and SMCRA section

720), and June 30, 1994 (the effective
26444 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

date of Indiana law counterpart to the

Energy Policy Act of 1992), the State

concluded that the existing Indiana

program provisions provide the IDNR

with sufficient authority to impose the

requirements of the Energy Policy Act of

1992 with respect to underground

mining operations conducted in Indiana

during the interim period. The State

concluded, however, that although it

believes that the IDNR has sufficient

authority to impose the requirements of

the Energy Policy Act of 1992 during the

interim period, joint State and OSM

enforcement in Indiana should be the

chosen enforcement scheme in Indiana,

as it would assure protection for the

citizens of Indiana during the interim

period (Administrative Record Number

IND–1494). Under this scheme, the

IDNR would enforce the requirements of

the Energy Policy Act of 1992 in Indiana

from June 30,1994, and during the

interim period to the extent permissible

under Indiana law. OSM would enforce

the requirements of the Energy Policy

Act of 1992 in the interim period only

if a situation arose where the State

could not so enforce.

Based on the discussion above, the

Director finds that 310 IAC 12–3–

87.1(c)(2) is no less effective than 30

CFR 784.20 and no less stringent than

SMCRA section 720, to the extent that

IC 13–4.1–9–2.5 meets the requirements

of SMCRA section 720 and 30 CFR

784.20 from June 30, 1994, and the

enforcement scheme approved July 28,

1995, meets the requirements of SMCRA

section 720 and 30 CFR 784.20 during

the period from the effective date of

SMCRA section 720 (October 24, 1992)

to the effective date of IC 13–4.1–9–2.5

(June 30, 1994).

2. 310 IAC 12–5–130.1 Subsidence

Control; General Requirements

310 IAC 12–5–130.1(c)(2). In the April

20,1995, Federal Register, the Director

approved the language at subsection

130.1(c)(2) to the extent that it met the

requirements of SMCRA section 720

from June 30, 1994. However, the

Director deferred a decision until July

31, 1995, on the enforcement of the

provisions of SMCRA section 720 and

30 CFR 817.121 during the period from

the effective date of SMCRA section 720

(October 24, 1992) to the effective date

of the corresponding Indiana statute IC

13–4.1–9–2.5 (June 30, 1994).

As discussed in Finding 1 above, on

July 28, 1995, OSM announced its

decision on initial enforcement of

underground coal mine subsidence

control and water replacement

requirements in Indiana (60 FR 38680).

OSM decided that initial enforcement

would be accomplished through joint

Indiana and OSM enforcement. The

IDNR would enforce the requirements of

the Energy Policy Act of 1992 in Indiana

from June 30, 1994, and during the

interim period (October 24, 1992–June

30, 1994) to the extent permissible

under Indiana law. OSM would enforce

the requirements of the Energy Policy

Act of 1992 in the interim period only

if a situation arose where the State

could not so enforce.

Based on the above discussion, the

Director finds that 310 IAC 12–5–

130.1(c)(2) is no less effective than 30

CFR 817.121(c)(2) and no less stringent

than SMCRA section 720, to the extent

that IC 13–4.1–9–2.5 meets the

requirements of SMCRA section 720

from June 30, 1994, and the enforcement

scheme approved July 28, 1995, meets

the requirements of SMCRA section 720

and 30 CFR 817.121(c)(2) during the

period from the effective date of SMCRA

section 720 (October 24, 1992) to the

effective date of IC 13–4.1–9–2.5 (June

30, 1994).

3. Repeal of 310 IAC 12–5–132

Indiana proposed the repeal of 310

IAC 12–3–87, 310 IAC 12–5–130, 310

IAC 12–5–131, and 310 IAC 12–5–132

because the provisions were replaced by

310 IAC 12–3–87.1, 310 IAC 12–5–

130.1, and 310 IAC 12–5–131.1. The

Director deferred decision on the repeal

of 310 IAC 12–5–132 until July 31, 1995,

when OSM was to address the

enforcement of the provisions of

SMCRA section 720 and 30 CFR 784.20

and 817.121 during the period from the

effective date of SMCRA section 720

(October 24, 1992) to the effective date

of IC 13–4.1–9–2.5 (June 30, 1994).

As discussed in Findings 1 and 2

above, on July 28, 1995, OSM

announced its decision on initial

enforcement of underground coal mine

subsidence control and water

replacement requirements in Indiana

(60 FR 38680), finding that initial

enforcement would be accomplished

through joint Indiana and OSM

enforcement. IDNR would enforce the

requirements of the Energy Policy Act of

1992 in Indiana from June 30, 1994, and

during the interim period (October 24,

1992–June 30, 1994) to the extent

permissible under Indiana law. OSM

would enforce the requirements of the

Energy Policy Act of 1992 in the interim

period only if a situation arose where

the State would not so enforce.

Based on the above discussion, the

Director is approving the repeal of 310

IAC 12–5–132 because appropriate

provisions are replaced by 310 IAC 12–

3–87.1 and 310 IAC 12–5–130.1 and the

repeal does not render the Indiana

program less effective than the

counterpart Federal requirements to the

extent that IC 13–4.1–9–2.5 meets the

requirements of SMCRA section 720

from June 30, 1994, and the enforcement

scheme approved July 28, 1995, meets

the requirements of SMCRA section 720

and 30 CFR 784.20 and 817.121(c)(2)

during the period from the effective date

of SMCRA section 720 (October 24,

1992) to the effective date of IC 13–4.1–

9–2.5 (June 30, 1994).

IV. Summary and Disposition of

Comments

Comments on the initial submittal

were solicited from Federal agencies

and the public on January 14, 1993 (58

FR 4372), and on the adopted language

of the approved changes on April 22,

1994 (59 FR 19155). Comments received

were discussed in the related Federal

Registers of May 17, 1993 (58 FR

28775), and April 20, 1995 (60 FR

19669), respectively. As this current

action is based on language of the

previous submittals, the solicitation of

additional comments is not necessary;

refer to the Federal Registers identified

above for the discussion of comments

received.

V. Director’s Decision

Based on the findings above, the

Director is approving the three

provisions of Indiana’s program

amendment concerning subsidence, as

originally submitted by Indiana on

March 18, 1994, and for which the

decisions were deferred in the April 20,

1995, Federal Register (60 FR 19669).

As discussed above in Finding 1

concerning 310 IAC 12–3–87.1(c)(2) and

Finding 2 concerning 310 IAC 12–5–

130.1(c)(2), the Director is approving the

proposed deference to State law to the

extent that IC 13–4.1–9–2.5 meets the

requirements of SMCRA section 720

from June 30, 1994, and the enforcement

scheme approved July 28, 1995, meets

the requirements of SMCRA section 720

and 30 CFR 784.20 and 817.121(c)(2)

during the period from the effective date

of SMCRA section 720 (October 24,

1992) to the effective date of IC 13–4.1–

9–2.5 (June 30, 1994). As discussed in

Finding 3, the Director is also approving

the repeal of 310 IAC 12–5–132.

The Federal regulations at 30 CFR

Part 914, codifying decisions concerning

the Indiana program, 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).
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26445

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 of

section 102(2)(C) of the National

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

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 914

Intergovernmental relations, Surface

mining, Underground mining.

Dated: May 8, 1996.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

For the reasons set out in the

preamble, Title 30, Chapter VII,

Subchapter T of the Code of Federal

Regulations is amended as set forth

below:

PART 914—INDIANA

1. The authority citation for Part 914

continues to read as follows:

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

2. Section 914.15 is amended by

adding paragraph (qqq) to read as

follows:

§ 914.15 Approval of regulatory program

amendments.

* * * * *

(qqq) The revised provisions at 310

IAC 12–3–87.1(c)(2) and 310 IAC 12–5–

130.1(c)(2) and the repeal of 310 IAC

12–5–132 contained in Indiana’s

program amendment concerning

subsidence, as originally submitted by

Indiana on March 18, 1994, and for

which the decisions were deferred on

April 20, 1995, are approved effective

May 28, 1996.

[FR Doc. 96–13264 Filed 5–24–96; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 925

[SPATS No. MO–026–FOR]

Missouri Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: OSM is approving, with a

reporting stipulation, a proposed

amendment to the Missouri regulatory

program (hereinafter referred to as the

‘‘Missouri program’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). The proposed

amendment consists of revisions to the

Revised Statutes of Missouri (RSMo)

and the Code of State Regulations (CSR)

along with supporting documentation

and information pertaining to Missouri’s

alternative bonding system. The

amendment is intended to revise the

Missouri program to be consistent with

the corresponding Federal regulations

and SMCRA.

EFFECTIVE DATE: May 28, 1996.

FOR FURTHER INFORMATION CONTACT:

Brent Wahlquist, Regional Director,

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 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 Missouri Program

On November 21, 1980, the Secretary

of Interior conditionally approved the

Missouri program. General background

information on the Missouri program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval of the Missouri

program can be found in the November

21, 1980, Federal Register (45 FR

77017). Subsequent actions concerning

Missouri’s program and program

amendments can be found at 30 CFR

925.12, 925.15, and 925.16.

II. Submission of the Proposed

Amendment

By letter dated March 7, 1995,

Missouri submitted a proposed

amendment to its program pursuant to

SMCRA (Administrative record No.

MO–617). Missouri submitted the

proposed amendment in response to a

January 30, 1986, letter (Administrative

record No. MO–351) that OSM sent to

Missouri in accordance with 30 CFR

732.17(c) and in response to the

required program amendments at 30

CFR 925.16(g). The provisions of the

Revised Statutes of Missouri (RSMo)

and the Code of State Regulations (CSR)

that Missouri proposed to revise were:

RSMO 444.805, Definition of Phase I

reclamation bond; RSMO 444.830, Bond

requirements, when a bond must be

filed, the amount of a bond, and

allowance for bond substitution; RSMO

444.950, Phase I reclamation bond

requirements; RSMO 444.960,

Establishment, purpose, and duties of

the Coal Mine Land Reclamation Fund

(CMLR Fund); RSMO 444.965.1,

Assessment for fund; 10 CSR 40–7.011,

Bond requirements; 10 CSR 40–7.021,

Duration and release of reclamation

liability; 10 CSR 40–7.041, Form and

administration of the CMLR Fund. In

addition, Missouri submitted: (1) A