Alabama Regulatory Program

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.

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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:

[email protected].

SUPPLEMENTARY INFORMATION:

I. 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.

II. 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.

III. 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.

IV. 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. 99-27002 Filed 10-14-99; 8:45 am]

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