Valid Existing Rights and Prohibitions of Section 522(e); Extension of Public Comment Period

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Parts 740, 745, 761, and 772

RIN 1029-AB42 and 1029-AB82

Valid Existing Rights and Prohibitions of Section 522(e);

Extension of Public Comment Period

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

ACTION: Extension of comment period.

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SUMMARY: On January 31, 1997, (62 FR 4836-72), the Office of Surface

Mining Reclamation and Enforcement (OSM) of the U.S. Department of the

Interior published proposed rules which would implement and interpret

section 522(e) of Surface Mining Control and Reclamation Act of 1977

(SMCRA). On that date, OSM also made available for public comment a

draft economic analysis (DEA) analyzing the potential impacts of the

proposed rules. As a result of requests received, OSM is extending the

comment period for the proposed rules and the DEA.

DATES: Electronic or written comments: OSM will accept electronic or

written comments on the proposed rules and DEA until 5:00 p.m. Eastern

time on August 1, 1997.

ADDRESSES: Electronic or written comments: Submit electronic comments

to [email protected]. Mail written comments to the Administrative

Record, Office of Surface Mining Reclamation and Enforcement, 1951

Constitution Avenue, N.W., Washington, DC 20240 or hand-deliver to Room

117 at the above address.

FOR FURTHER INFORMATION CONTACT: Andy DeVito, Office of Surface Mining

Reclamation and Enforcement, U.S. Department of the Interior, 1951

Constitution Avenue, N.W., Washington, D.C. 20240; Telephone (202) 208-

2701; E-Mail:[email protected].

SUPPLEMENTARY INFORMATION: On January 31, 1997 (62 FR 4836-72) OSM

published two proposed rules dealing with the interpretation and

implementation of section 522(e) of SMCRA. The first rule, RIN 1029-

AB42, would amend OSM's regulations to redefine the circumstances under

which a person has valid existing rights to conduct surface coal mining

operations in areas where such operations are otherwise prohibited by

section 522(e) of SMCRA. The second rule, RIN 1029-AB82, is a proposed

interpretative rulemaking to address the question of whether subsidence

due to underground mining is a surface coal mining operation and thus

prohibited in areas enumerated in section 522(e) of SMCRA. On January

31, 1997 (62 FR 4759), OSM also made available for public comment a

DEIS analyzing the impact of the two proposed rules and the

alternatives under consideration.

The comment period was scheduled to close on June 2, 1997. In order

to accommodate several requests for an extension of the public comment

period, OSM is extending the comment period until 5 p.m. Eastern time

on August 1, 1997.

Under separate Federal Register Notice, the public comment period

for the DEIS is also being extended until 5 p.m. Eastern time on August

1, 1997.

Dated: May 27, 1997.

Mary Josie Blanchard,

Assistant Director, Program Support.

[FR Doc. 97-14162 Filed 5-29-97; 8:45 am]

BILLING CODE 4310-05-M