Alaska Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 902

[AK-005, Amendment No. V]

Alaska Regulatory Program

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

ACTION: Proposed rule; public comment period and opportunity for public

hearing on proposed amendment.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)

is announcing receipt of a proposed amendment to the Alaska regulatory

program (hereinafter, the ``Alaska program'') under the Surface Mining

Control and Reclamation Act of 1977 (SMCRA). The proposed amendment

consists of revisions to and additions of rules pertaining to self-

bonding. The amendment is intended to revise the Alaska program to be

consistent with the corresponding Federal regulations.

DATES: Written comments must be received by 4:00 p.m., m.s.t., February

7, 1997. If requested a public hearing on the proposed amendment will

be held on February 3, 1997. Requests to present oral testimony at the

hearing must be received by 4:00 p.m., m.s.t., January 22, 1997.

ADDRESSES: Written comments should be mailed or hand delivered to James

F. Fulton at the address listed below.

Copies of the Alaska program, the proposed amendment, and all

written comments received in response to this document will be

available for public review at the addresses listed below during normal

business hours, Monday through Friday, excluding holidays. Each

requester may receive one free copy of the proposed amendment by

contacting OSM's Denver Field Division.

James F. Fulton, Chief, Denver Field Division, Western Regional

Coordinating Center, Office of Surface Mining Reclamation and

Enforcement, 1999 Broadway, Suite 3320, Denver, Colorado 80202.

Bob Loeffler, Project Manager, Division of Mining and Water Management,

Department of Natural Resources, 3601 C Street, Suite 800, Anchorage,

Alaska 99503-5935.

FOR FURTHER INFORMATION CONTACT:

James F. Fulton, Telephone: (303) 844-1424.

SUPPLEMENTARY INFORMATION:

I. Background on the Alaska Program

On March 23, 1983, the Secretary of the Interior conditionally

approved the Alaska program. General background information on the

Alaska program, including the Secretary's findings, the disposition of

comments, and conditions of approval of the Alaska program can be found

in the March 23, 1983, Federal Register (48 FR 12274). Subsequent

actions concerning Alaska's program and program amendments can be found

at 30 CFR 902.15 and 902.16.

II. Proposed Amendment

By letter dated December 12, 1996, Alaska submitted a proposed

amendment to its program pursuant to SMCRA (Amendment number V,

administrative record No. AK-F-1, 30 U.S.C. 1201 et seq.). Alaska

submitted the proposed amendment in response to required program

amendments at 30 CFR 902.16(b)(1). The provisions of the Alaska

Administrative Code (AAC) that Alaska proposes to revise and add are 11

AAC 90.207(f)(3), concerning requirements for self-bonds and 11 AAC

90.207(f)(8), concerning definitions of specific terms used for self-

bonding.

Specifically, Alaska is proposing to revise 11 AAC 90.207(f)(3) to

provide, in pertinent part, that the Commissioner [of Natural

Resources] will, in the Commissioner's discretion, accept a written

guarantee from a corporate guarantor if the applicant for a self-bond

meets certain conditions, including designating and maintaining its own

agent for service of process in Alaska.

Alaska proposes the addition of new language at 11 AAC

90.207((f)(8) (A) through (H) to provide definitions for the terms

``self-bond,'' ``current assets,'' ``current liabilities,'' ``fixed

assets,'' ``liabilities,'' ``net worth,'' ``parent corporation,'' and

``tangible net worth'' as follows:

(A) ``self-bond'' means an indemnity agreement in a sum certain

executed by the applicant or by the applicant and any corporate

guarantor and made payable to the regulatory authority with or

without a separate surety;

(B) ``current assets'' means cash or other assets or resources

which are reasonable expected to be converted to cash or sold or

consumed within one year or within the normal operating cycle of the

business;

(C) ``current liabilities'' means obligations which are

reasonably expected to be paid or liquidated within one year or

within the normal operating cycle of the business;

(D) ``fixed assets'' means plants and equipment, but does not

include land or coal in place;

(E) ``liabilities'' means obligations to transfer assets or

provide services to other entities to the future as a result of past

transactions;

(F) ``net worth'' means total assets minus total liabilities and

is equivalent to owners' equity;

(G) ``parent corporation'' means a corporation which owns or

controls the applicant; and

(H) ``tangible net worth'' means net worth minus intangibles

such as good will and rights to patents or royalties.

III. Public Comment Procedures

In accordance with the provisions of 30 CFR 732.17(h), OSM is

seeking comments on whether the proposed amendment satisfies the

applicable program approval criteria of 30 CFR 732.15. If the amendment

is deemed adequate, it will become part of the Alaska program.

1. Written Comments

Written comments should be specific, pertain only to the issues

proposed in this rulemaking, and include explanations in support of the

commenter's recommendations. Comments received after the time indicated

under DATES or at locations other than the Denver Field Division,

Western Regional Coordinating Center, will not necessarily be

considered in the final rulemaking or included in the administrative

record.

2. Public Hearing

Persons wishing to testify at the public hearing should contact the

person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,

m.s.t., January 23, 1997. Any disabled

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individual who has need for a special accommodation to attend a public

hearing should contact the individual listed under FOR FURTHER

INFORMATION CONTACT. 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 testify have been heard. Persons in the audience

who have not been scheduled to testify, and who wish to do so, will be

heard following those who have been scheduled. The hearing will end

after all persons scheduled to testify and persons present in the

audience who wish to testify have been heard.

3. Public Meeting

If only one person requests an opportunity to testify at a hearing,

a public meeting, rather than a public hearing, may be held. Persons

wishing to meet with OSM representatives to discuss the proposed

amendment 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.

IV. Procedural Determinations

1. 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).

2. 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 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 the Federal regulations at 30 CFR 730.11,

732.15, and 732.17(h)(10), decisions on proposed State regulatory

programs and program amendments submitted by 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.

3. 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)).

4. 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.).

5. 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 that is the subject of this rule is based upon

counterpart 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 counterpart Federal regulations.

6. Unfunded Mandates

This rule will not impose a cost of $100 million or more in any

given year on any governmental entity or private sector.

List of Subjects in 30 CFR Part 902

Intergovernmental relations, Surface mining, Underground mining.

Dated: December 23, 1996.

James F. Fulton,

Acting Regional Director, Western Regional Coordinating Center.

[FR Doc. 97-302 Filed 1-7-97; 8:45 am]

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