Permanent program and abandoned mine land reclamation plan submissions: Alabama,
[Federal Register: October 15, 1999 (Volume 64, Number 199)]
[Proposed Rules]
[Page 55878-55879]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15oc99-33]
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 901
[SPATS No. AL-070-FOR]
Alabama Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; reopening and extension of public comment period on proposed amendment.
SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) is reopening and extending the public comment period for the proposed rule published on September 7, 1999 (64 FR 48573). The comment period originally closed October 7, 1999. We are reopening and extending the comment period because the citizens of Alabama have shown a high level of interest in the revisions proposed by Alabama.
DATES: We will accept written comments until 4:00 p.m., c.s.t., November 1, 1999.
ADDRESSES: You should mail or hand deliver written comments to Arthur W. Abbs, Director, Birmingham Field Office at the address listed below.
You may review copies of the Alabama 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 Birmingham Field Office.
Arthur W. Abbs, Director, Birmingham Field Office, Office of Surface Mining, 135 Gemini Circle, Suite 215, Homewood, Alabama 35209, Telephone: (205) 290-7282.
Alabama Surface Mining Commission, 1811 Second Avenue, P.O. Box 2390, Jasper, Alabama 35502-2390, Telephone (205) 221-4130.
FOR FURTHER INFORMATION CONTACT: Arthur W. Abbs, Director, Birmingham Field Office. Telephone: (205) 290-7282. Internet: aabbs@balgw.osmre.gov.
SUPPLEMENTARY INFORMATION:
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Background on the Alabama Program
On May 20, 1982, the Secretary of the Interior conditionally approved the Alabama program. You can find background information on the Alabama program, including the Secretary's findings, the disposition of comments, and the conditions of approval in the May 20, 1982, Federal Register (47 FR 22062). You can find later actions on the Alabama program at 30 CFR 901.15 and 901.16.
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Discussion of the Proposed Amendment
Due to the high level of interest in this amendment, we are reopening and extending the public comment period for the proposed rule published on September 7, 1999 (64 FR 48573). In this amendment, Alabama proposed revisions to statutes concerning the repair or compensation for material damage caused by subsidence, resulting from underground coal mining operations, to any occupied residential dwelling and related structures or any noncommercial building. Alabama proposed to revise its program at its own initiative.
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Public Comment Procedures
We are reopening the comment period on the proposed Alabama program amendment to provide you an opportunity to comment on the adequacy of the amendment. 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 Alabama program.
Written Comments
We will make comments, including names and addresses of respondents, available for public review during normal business hours. We will not consider anonymous comments. If individual respondents request confidentiality, we will honor their request to the extent allowable by law. Individual respondents who wish to withhold their name or address from public review, except for the city or town, must state this prominently at the beginning of their 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 review in their entirety.
Your written comments should be specific and pertain only to the issues proposed in this rulemaking. You should explain the reason for any recommended change. In the final rulemaking, we will not necessarily consider or include in the Administrative Record any comments
[[Page 55879]]
received after the time indicated under DATES or at locations other than the Birmingham Field Office.
Please submit Internet comments as an ASCII file avoiding the use of special characters and any form of encryption. Please also include ``Attn: SPATS No. AL-070-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 Birmingham Field Office at (205) 290-7282.
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Procedural Determinations
Executive Order 12866
The Office of Management and Budget (OMB) exempts this rule from review under Executive Order 12866 (Regulatory Planning and Review).
Executive Order 12988
The Department of the Interior has conducted the reviews required by section 3 of Executive Order 12988 (Civil Justice Reform) and has determined that, to the extent allowed by law, this rule meets the applicable standards of subsections (a) and (b) of that section. However, these standards are not applicable to the actual language of State regulatory programs and program amendments since each program is drafted and published 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 State regulatory programs and program amendments 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
This rule does not require an environmental impact statement since section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency decisions on 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. Therefore, this rule will ensure that existing requirements previously published 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
OSM has determined and certifies under the Unfunded Mandates Reform Act (2 U.S.C. 1502 et seq.) that this rule will not impose a cost of $100 million or more in any given year on local, state, or tribal governments or private entities.
List of Subjects in 30 CFR Part 901
Intergovernmental relations, Surface mining, Underground mining.
Dated: October 8, 1999. Ervin J. Barchenger, Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 99-27002Filed10-14-99; 8:45 am]
BILLING CODE 4310-05-P
