Alaska Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 902

[AK-007-FOR, Amendment No. VII]

Alaska Regulatory Program

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

ACTION: Final rule; approval of amendment.

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

is approving a proposed amendment to the Alaska regulatory program

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

and Reclamation Act of 1977 (SMCRA). Alaska proposed revisions to its

regulations pertaining to general permitting requirements, general

permit application information requirements, environmental resource

information requirements, reclamation and operation plan requirements,

permitting for special categories of mining, coal exploration, self-

bonding requirements, performance standards, and general provisions,

and included numerous editorial and recodification changes. The

amendment was intended to revise the Alaska program to provide

additional safeguarded, to clarify ambiguities, and to improve

operational efficiency.

EFFECTIVE DATE: February 22, 1999.

FOR FURTHER INFORMATION CONTACT: James F. Fulton, Telephone: (303) 844-

1424, Internet address: [email protected]

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 July 30, 1998, Alaska submitted a proposed

amendment to its program (amendment No. VII, administrative record No.

AK-07-01) pursuant to SMCRA (30 U.S.C. 1201 et seq.). Alaska submitted

the proposed amendment at its own initiative. The provisions of the

Alaska Surface Coal Mining Program Regulations that Alaska proposed to

revise were: 11 Alaska Administrative Code (AAC) 90.002(a), (b), and

(c), responsibilities, and 11 AAC 90.011(a)(1) and (2), permit fees, as

provided in Article 2, General Permitting Requirements; 11 AAC

90.025(a)(2), (b), and (c), authority to enter and ownership

information, as provided in Article 3, General permit Application

Information Requirements; 11 AAC 90.045(a)(1) and (2), geology

description, and 11 AAC 90.049(a), (a)(1), (2), and (a)(2)(C) through

(H), surface water information, as provided in Article 4, Environmental

Resource Information Requirements; 11 AAC 90.083(b)(9) and (11),

reclamation plan general requirements, and 11 AAC 90.097,

transportation facilities, as provided in Article 5, Reclamation and

Operation Plan; 11 AAC 90.149(d) and (d)(1), operations near alluvial

valley floors, as provided in Article 7, Permitting for Special

Categories of Mining; 11 AAC 90.163(a) and (d), exploration that

substantially disturbs the natural land surface or occurs in an area

designated unsuitable for surface coal mining, as provided in Article

8, Exploration; 11 AAC 90.207(f), self-bonding requirements, as

provided in Article 10, Bonding; 11 AAC 90.337(f), impoundment

inspection, 11 AAC 90.375(f), public notice of blasting, 11 AAC

90.391(h)(1) and (2) and (s), disposal of excess spoil and coal mine

waste, 11 AAC 90.401(e), coal mine waste, refuse piles, 11 AAC

90.407(e), coal mine waste, dams and embankments, 11 AAC 90.423(b) and

(h), protection of fish and wildlife, 11 AAC 90.443(d)(1), (k), and

(k)(1) and (2), backfilling and grading, and 11 AAC 90.491(e), (f), and

(f)(1) and (2), construction and maintenance of roads, transportation

and support facilities, and utility installations, as provided in

Article 11, Performance Standards; and 11 AAC 90.901(e), applicability,

11 AAC 90.907(c) and (j), public participation, and 11 AAC 90.911(92),

definition of ``road,'' as provided in Article 17, General Provisions.

Specifically, Alaska proposed numerous editorial and recodification

changes for the purpose of clarity and in order to be consistent with

the requirements of the State's ``Drafting Manual for Administrative

Regulations'' (1995 edition). Alaska also proposed at 11 AAC

90.049(a)(2)(G) to require that water quality data show acidity

information if there is potential for acid drainage from the proposed

mining operation, and at 11 AAC 90.207(f)(2) to apply certain

provisions for self-bonding, including criteria that must be met by the

self-bond guarantor.

OSM announced receipt of the proposed amendment in the August 11,

1998, Federal Register (63 FR 42774), provided an opportunity for a

public hearing or meeting on its substantive adequacy, and invited

public comment on its adequacy (administrative record No. AK-07-02).

Because no one requested a public hearing or meeting, none was held.

The public comment period ended on September 10, 1998.

III. Director's Findings

As discussed below, the Director, in accordance with SMCRA and 30

CFR 732.15 and 732.17, finds that the proposed program amendment

submitted by Alaska on July 30, 1998, is no less effective than the

corresponding Federal regulations. Accordingly, the Director approves

the proposed amendment.

1. Nonsubstantive Revisions to Alaska's Surface Coal Mining Program

Regulations

Alaska proposed revisions to the following previously-approved

provisions of the Alaska surface coal mining program regulations that

are nonsubstantive in nature. These proposed revisions consist of

recodification and/or wording changes made to reflect contemporary

writing style and/or make the State's provisions clearer or more

specific. The corresponding Federal regulation provisions are listed in

parentheses.

11 Alaska Administrative Code (AAC) 90.002(a), (b), and (c),

responsibilities under general permitting requirements (30 CFR Part 772

and 773.11);

11 AAC 90.011 (1) and (2), permit fees (30 CFR 777.17);

11 AAC 90.025(a)(2), (b), and (c), authority to enter and ownership

information (30 CFR 778.13(h) and 778.15(a) and (b));

11 AAC 90.045(a)(1) and (2), geology description (30 CFR

780.22(b)(1));

11 AAC 90.049(a)(1), (2), (2)(C), (D), (F), and (H), surface water

information (30 CFR 780.21(b)(2) and 784.14(b)(2));

[[Page 8511]]

11 AAC 90.083(b)(9) and (11), reclamation plan general requirements

(30 CFR 780.18(b)(9), 780.29, 784.13(b)(9), and 784.29);

11 AAC 90.097, transportation facilities (30 CFR 780.37(a), (a)(1),

(3), and (5) and 784.24(a), (a)(1), (3), and (5));

11 AAC 90.149(d) and (d)(1), operations near alluvial valley floors

(30 CFR 785.19(d), (d)(2), and (2)(i));

11 AAC 90.163(a) and (d), exploration that substantially disturbs

the natural land surface or occurs in an area designated unsuitable for

surface coal mining (30 CFR 772.12(a), (d)(2) and 772.13);

11 AAC 90.207(f)(1), (1)(A), (A)(i) and (ii), (B), (B)(i), (ii),

and (iii), (C) and (C)(i), self-bonding (30 CFR 800.23(b)(1) through

(3));

11 AAC 90.375(f), public notice of blasting (30 CFR 816.64(b)(1)

and (2));

11 AAC 90.391(h)(1) and (2), and (s), disposal of excess spoil and

coal mine waste (30 CFR 816.71(g) and (i) and 817.71(g) and (i));

11 AAC 90.401(e), coal mine waste, refuse piles (placement) (30 CFR

816.83(c)(4) and 817.83(c)(4));

11 AAC 90.407(e), coal mine waste, dams and embankments (impounding

structures) (30 CFR 816.84(b)(2) and 817.84(b)(2));

11 AAC 90.423(b) and (h), protection of fish and wildlife

(endangered and threatened species, Fish and Wildlife Service Review)

(30 CFR 816.97(b) and 817.97(b), and 780.16(c) and 784.21(c));

11 AAC 90.443(d)(1), backfilling and grading (previously mined

areas) (30 CFR 816.106(b)(1) and 817.106(b)(1));

11 AAC 90.491(e) and (f), (f)(1), (2), and (2)(A) through (H),

construction and maintenance of roads, transportation and support

facilities, and utility installations (30 CFR 816.150(d) and (a)(2) and

816.151(a), (b), (c)(1) and (2), (d)(1) through (4), and (e), and

817.150(d) and (a)(2) and 816.151(a), (b), (c)(1) and (2), (d)(1)

through (4), and (e));

11 AAC 90.901(e), applicability (30 CFR 700.11(d)(1), (1)(ii), and

(2));

11 AAC 90.907(c) and (j), recodification, and public participation

(availability of records) (30 CFR 840.14(c)(2) and (b)); and

11 AAC 90.911(92), definition of ``road'' (30 CFR 701.5.

Because the proposed revisions to these previously-approved

regulations are nonsubstantive, the Director finds that these proposed

Alaska regulations are consistent with the counterpart Federal

regulations. The Director approves these proposed regulations.

2. Substantive Revisions to Alaska's Surface Coal Mining Program

Regulations That Are Substantively Identical to the Corresponding

Provisions of the Federal Regulations

Alaska proposed revisions to the following regulations that are

substantive and contain language that is substantively identical to the

requirements of the corresponding Federal regulations (listed in

parentheses):

11 AAC 90.049(a)(2)(E) and (G), surface water information (30 CFR

780.21(b)(2) and 784.14(b)(2)); and

11 AAC 90.207(f)(4), (5), (5)(A), (B), (C), and (D), (6), (7), and

(7)(A) and (B); self-bonding (30 CFR 800.23(d), (e)(1) through (4),

(f), and (g)).

Because these proposed Alaska regulations are substantively

identical to the corresponding provisions of the Federal regulations,

the Director finds that they are no less effective than the Federal

regulations. Accordingly, the Director approves them.

3. 11 AAC 90.207(f)(2)(A) and (B), Self-bonding and the Written

Guarantee From a Parent Corporation Guarantor of the Permittee

Alaska proposed to revise its regulation at AAC 90.207(f)(2) which

sets out the conditions under which the State may accept a written

guarantee from a parent corporation guarantor of the permittee. Alaska

proposed to add a condition for accepting a parent corporation

guarantee that is not found in the Federal regulations. This additional

proposed condition clarifies that the guarantor has a duty to notify

the permittee if it no longer qualifies for self-bonding. Imposing this

notification requirement on the guarantor supports and facilitates the

regulatory requirement at AAC 90.207(f)(7) that requires the permittee

to immediately notify the commissioner if the permittee or the

guarantor no longer meets the qualifications for self-bonding.

For this reason, the Director finds that proposed AAC 90.207(f)(2)

is not inconsistent with conditions imposed on prospective guarantors

in the counterpart Federal regulation at 30 CFR 800.23(c)(1).

Therefore, the Director finds that proposed AAC 90.207(f)(2) is no less

effective than the counterpart Federal regulation at 30 CFR

800.23(c)(1) and approves it.

4. 11 AAC 90.207(f)(3)(A) and (B) and (f)(8)(A) Through (H),

Definitions for the Term ``Self-bond'' and Other Financial Terms Used

to Describe Self Bonds

On September 17, 1996, OSM at 30 CFR 902.16(b)(1) (finding No. 6,

61 FR 48835, 48837) required Alaska to revise 11 AAC 90.207(f)(3) to

require the applicant for a self-bond that is guaranteed by a corporate

guarantor to retain his or her own agent for service in Alaska and to

further revise 11 AAC 90.207(f) to add definitions for the term ``self-

bond'' and other financial terms used to describe self bonds.

In response to the required amendment, Alaska revised 11 AAC

90.207(f)(3) by referencing as a condition for acceptance by the

Commissioner of the Department of Natural Resources the requirement

that the applicant for a self-bond that is guaranteed by a corporate

guarantor retain an agent for service in Alaska. The proposed revision

is consistent with the counterpart Federal regulation at 30 CFR

800.23(c)(2), which provides the specific criteria for approval of a

self-bond guaranteed by a corporate guarantor.

In addition, Alaska proposed new regulations at 11 AAC

90.207(f)(8)(A) through (H) that provide definitions of the terms

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

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

``tangible net worth.'' The proposed definitions contain language that

is substantively identical to the requirements of the corresponding

Federal regulations at 30 CFR 800.5 and 800.23(a).

For the above reasons, the Director finds that the proposed

revisions at 11 AAC 90.207(f)(3) and (8) are no less effective than the

counterpart Federal regulations. Accordingly, the Director approves the

proposed revisions to this regulation.

5. 11 AAC 90.337(f), Impoundment Inspection

Alaska proposed at 11 AAC 90.337(f) new language that requires, in

addition to the formal inspections required under paragraphs (a)

through (e) of section 11 AAC 90.337, that ``each impoundment'' must be

examined at least ``once in each three-month period,'' that ``the

examination must be made'' by a qualified person, and that ``the person

making the examination required by this subsection shall examine the

impoundment'' for any appearances of structural weakness ``and for''

other hazardous conditions.

The Federal regulations at 30 CFR 816.49 (a)(12) and 817.49(a)(12)

require, in pertinent part, that impoundments not meeting the SCS (Soil

Conservation Service, now Natural Resources Conservation Service) class

B or C criteria for dams in TR-60 (Technical Release No. 60, ``Earth

Dams and Reservoirs,'' 210-VI-TR60, October

[[Page 8512]]

1985), or subject to 30 CFR 77.216-3, shall be examined at least

quarterly. Alaska's proposed revision at 11 AAC 90.337(f) requires

``each impoundment'' to be examined quarterly, whether or not the

impoundment meets the established NRCS criteria, which results in a

more stringent standard in Alaska's coal mining regulatory program than

is provided for in the counterpart Federal regulations at 30 CFR

816.49(a)(12) and 817.14(a)(12). 30 CFR 730.11(b) provides, in

pertinent part, that any State law or regulation which provides for

more stringent land use and environmental controls and regulations of

coal exploration and surface coal mining and reclamation operations

than do the provisions of SMCRA and Chapter VII of the implementing

Federal regulations, shall not be construed to be inconsistent with

SMCRA or Chapter VII. Therefore, the Director finds that 11 AAC

90.337(f) is no less effective than the Federal regulations and

approves the proposed revisions to Alaska's regulation.

6. 11 AAC 90.443(k), Backfilling and Grading

Alaska proposed new language at 11 AAC 90.443(k) to provide that

``the operator shall return all spoil to the mined-out area,'' and to

provide that ``the requirements of this subsection [(k)] do not apply

to (1) spoil disposed of in accordance with 11 AAC 90.391, and (2)

spoil necessary to blend regraded areas into the surrounding terrain in

non-steep slope areas if all vegetative and organic material is first

removed from the areas that are to be covered.'' The counterpart

Federal regulations at 30 CFR 816.102(b) and 817.102(b) provide that

spoil, except excess spoil disposed of in accordance with 30 CFR 816.71

through 816.74 and 817.71 and 817.74, respectively, shall be returned

to the mined-out area. In addition, 30 CFR 186.102(d) and 187.102(d)

provide that spoil may be placed on the area outside the mined-out area

in nonsteep slope areas to restore the appropriate original contour by

blending the spoil into the surrounding terrain if certain requirements

are met including removal of all vegetative and organic material,

removal, segregation, storage, and redistribution of topsoil, and

backfilling and grading of the spoil in accordance with the

requirements of 30 CFR 816.102 and 817.102.

The Director, in finding No. 14 of the final rule Federal Register

notice approving Alaska's amendment No. IV (see 61 FR 48835, 48839,

48843, September 17, 1996), placed a required amendment on the Alaska

program at 30 CFR 902.16(b)(7). In effect, the Director required Alaska

to revise 11 AAC 90.443(k) to provide that the topsoil on the area

outside the mined-out area in nonsteep slope areas shall be removed,

segregated, stored and redistributed in accordance with the State's

topsoil removal provisions and that the spoil be backfilled and graded

on the area in accordance with the State's provisions concerning

performance standards for backfilling and grading, or otherwise amend

its program to ensure that the disposal of spoil provisions at 11 AAC

90.443(k) are no less effective than the Federal regulations at 30 CFR

816.102(d) and 817.102(d). The changes proposed by Alaska at 11 AAC

90.443(k) in this amendment (amendment No. VII) do not address the

Director's requirement. To the extent that Alaska is proposing

editorial changes in this regulation to reflect contemporary writing

style, to be consistent with the State's requirements for writing

regulatory language, and to make the State's provisions clearer or more

specific, the Director finds that 11 AAC 90.443(k) is consistent with

the Federal regulations. The Director approves this revised regulation,

but adds a reminder that the State must further amend this provision as

required at 30 CFR 902.16(b)(7).

7. 11 AAC 90.491(f), Construction and Maintenance of Primary Roads

In finding No. 1, the Director approved Alaska's proposed revisions

at 11 AAC 90.491(f), (f)(1), (2), and (2)(A) through (H) because the

changes were editorial and/or recodification. A separate finding for 11

AAC 90.491(f) is provided in this final rule document because Alaska's

regulation still lacks provisions similar to those provided by the

Federal regulations at 30 CFR 816.151(d)(5) and (6) and 817.151(d)(5)

and (6). These regulations require for primary roads (1) that natural

stream channels shall not be altered or relocated without prior

approval of the regulatory authority and (2) except as provided in 30

CFR 816.151(c)(2), structures for perennial or intermittent stream

channel crossings shall be made using bridges, culverts, low-water

crossings, or other structures designed, constructed, and maintained

using current, prudent engineering practices, and that the regulatory

authority shall ensure that low-water crossings are designed,

constructed, and maintained to prevent erosion of the structure or

streambed and additional contributions of suspended solids to

streamflow.

The Director, in finding No. 15 of the final rule Federal Register

notice approving Alaska's amendment No. IV (see 61 FR 48835, 48840,

48843, September 17, 1996), placed a required amendment on the Alaska

program at 30 CFR 902.16(b)(8). In effect, the Director required Alaska

to revise 11 AAC 90.491(f) to add provisions concerning fords of

perennial or intermittent streams, the alteration or relocation of

natural stream channels, and structures for perennial or intermittent

stream channel crossings that are no less effective than 30 CFR

816.151(d)(5) and (6) and 817.151(d)(5) and (6). The Director is taking

this opportunity to correct the required amendment at 30 CFR

902.16(b)(8) to remove the requirement for language in Alaska's

regulation at 11 AAC 90.491(f) concerning fords of perennial or

intermittent streams because the State's regulation at 11 AAC

90.491(f)(2)(C) does provide that the road ``may not use stream fords

to cross perennial or intermittent streams unless the use of a stream

ford has been approved by the commissioner for temporary use during

road construction.'' This regulation is no less effective than the

Federal counterpart regulations at 30 CFR 816.151(c)(2) and

817.151(c)(2). The Director, however, reminds Alaska that, as codified

by the corrected required program at 30 CFR 902.16(b)(8), it must

further amend 11 AAC 90.491(f) to provide for natural stream channels

alterations or relocations and structures for perennial or intermittent

stream channel crossings that are no less effective than 30 CFR

816.151(d)(5) and (6) and 817.151(d)(5).

IV. Summary and Disposition of Comments

Following are summaries of all substantive written comments on the

proposed amendment that were received by OSM, and OSM's responses to

them.

1. Public Comments

OSM invited public comments on the proposed amendment, but none

were received.

2. Federal Agency Comments

Pursuant to 30 CFR 732.17(h)(11)(i), OSM solicited comments on the

proposed amendment from various Federal agencies with an actual or

potential interest in the Alaska program.

The Bureau of Land Management, Alaska State Office (AK-BLM),

responded in a memorandum dated August 20, 1998 (administrative record

No. AK-07-05), that the changes proposed by Alaska were minor and

amounted to restructuring sentences for the purpose of clarification,

and that no changes to the regulatory meaning

[[Page 8513]]

appeared to have been instituted. BLM offered an editorial query

concerning 11 AAC 90.207(f)(2) and the phrase ``not longer satisfied.''

OSM agrees with BLM's editorial comment, and with this final rule

document is notifying Alaska of the typographical error. The Director

is approving the language at 11 AAC 90.207(f)(2) as provided in finding

No. 2 above because the meaning of the requirement that the guarantor

notify the permittee and the commissioner if its financial conditions

change so that certain criteria are no longer met is not altered

whether those criteria are ``not longer satisfied'' or ``no longer

satisfied.''

3. Environmental Protection Agency (EPA) Concurrence and Comments

Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to solicit

the written concurrence of EPA with respect to those provisions of the

proposed amendment that relate to air or water quality standards

promulgated under the authority of the Clean Water Act (33 U.S.C. 1251

et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).

Pursuant to 30 CFR 732.17(h)(11)(i), OSM solicited comments on the

proposed amendment from EPA (administrative record No. AK-07-03). EPA

did not respond to OSM's request.

4. State Historic Preservation Officer (SHPO) and the Advisory Council

on Historic Preservation (ACHP)

Pursuant to 30 CFR 732.17(h)(4), OSM solicited comments on the

proposed amendment from the SHPO and ACHP (administrative record No.

AK-07-03). Neither SHPO nor ACHP responded to OSM's request.

V. Director's Decision

Based on the above findings, the Director approves Alaska's

proposed amendment as submitted on July 30, 1998.

The Director approves, as discussed in:

Finding No. 1, 11 AAA 90.002(a), (b), and (c), 11 AAC 90.011(1) and

(2), 11 AAC 90.025(a)(2), (b), and (c), 11 AAC 90.045(a)(1) and (2), 11

AAC 90.049(a)(1), (2) (2)(C), (D), (F), and (H), 11 AAC 90.083(b)(9)

and (11), 11 AAC 90.097, 11 AAC 90.149(d) and (d)(1), 11 AAC 90.163(a)

and (d), 11 AAC 90.207(f)(1), (1)(A), (A)(i) and (ii), (B), (B)(i),

(ii), and (iii), (C) and (C)(i), 11 AAC 90.375(f), 11 AAC 90.391(h)(1)

and (2) and (s), 11 AAC 90.401(e), 11 AAC 90.407(e), 11 AAC 90.423(b)

and (h), 11 AAC 90.443(d)(1), 11 AAC 90.491(e) and (f), (f)(1), (2),

and (2)(A) through (H), 11 AAC 90.901(e), 11 AAC 90.907(c) and (j), and

11 AAC 90.911(92), concerning previously-approved provisions of the

Alaska surface coal mining program regulations that contain revisions

that are nonsubstantive in nature;

Finding No. 2, 11 AAC 90.049(a)(2)(E) and (G), and 11 AAC

90.207(f)(4), (5), (5)(A), (B), (C), and (D), (6), (7), and (7)(A) and

(B), provisions of the Alaska surface coal mining program regulations

that contain substantive revisions that are substantively identical to

the requirements of the corresponding Federal regulations;

Finding No. 3, 11 AAC 90.207(f)(2)(A) and (B), concerning self-

bonding and the written guarantee from a parent corporation guarantor

of the permittee;

Finding No. 4, 11 AAC 90.207(f)(3)(A) and (B) and (f)(8)(A) through

(H), concerning definitions for the term ``self-bond'' and other

financial terms used to describe self bonds;

Finding No. 5, 11 AAC 90.337(f), concerning impoundment inspection;

Finding No. 6, 11 AAC 90.443(k), concerning backfilling and

grading; and

Finding No. 7, 11 AAC 90.491(f), concerning construction and

maintenance of primary roads.

The Federal regulations at 30 CFR part 902, codifying decisions

concerning the Alaska program, are being amended to implement this

decision. This final rule is being made effective immediately to

expedite the State program amendment process and to encourage States to

bring their programs into conformity with the Federal standards without

undue delay. Consistency of State and Federal standards is required by

SMCRA.

VI. 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 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.

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 the private sector.

List of Subjects in 30 CFR Part 902

Intergovernmental relations, Surface mining, Underground mining.

Dated: February 4, 1999.

James F. Fulton,

Acting Regional Director, Western Regional Coordinating Center.

For the reasons set out in the preamble, Title 30, Chapter VII,

[[Page 8514]]

Subchapter T of the Code of Federal Regulations is amended as set forth

below:

PART 902--ALASKA

1. The authority citation for part 902 continues to read as

follows:

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

2. Section 902.15 is amended in the table by adding a new entry in

chronological order by ``Date of Final Publication'' to read as

follows:

Sec. 902.15 Approval of Alaska regulatory program amendments.

* * * * * *

----------------------------------------------------------------------------------------------------------------

Original amendment submission Date of final

date publication Citation/description

----------------------------------------------------------------------------------------------------------------

* * * * * *

*

July 30, 1998.................... February 22, 1999... 11 AAC 90.002(a), (b), and (c), and 90.011(a)

concerning permitting requirements, 90.025(a), (b),

and (c) concerning permit application requirements;

90.045(a), 90.049(a), 90.083(b), and 90.097 concerning

environmental resource requirements; 90.149(d)

concerning alluvial valley floors; 90.163(a) and (d)

concerning exploration; 90.207(f) concerning self-

bonding; 90.337(f) concerning impoundment inspections;

90.375(f) concerning blasting; 90.391(h) and (s),

90.401(e), and 90.407(e) concerning coal mine waste;

90.423(b) and (h) concerning fish and wildlife;

90.443(d) and (k) concerning backfilling and grading;

90.491(e) and (f) concerning roads; 90.901(e)

concerning termination of jurisdiction; 90.907(c) and

(j) concerning public availability of information; and

90.911(92) concerning the definition of ``road.''

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3. Section 902.16 is amended by revising paragraph (b)(8) to read

as follows:

Sec. 902.16 Required program amendments.

* * * * *

(b) * * *

(8) At 11 AAC 90.491(f), require the addition of provisions

concerning the alteration or relocation of natural stream channels, and

structures for perennial or intermittent stream channel crossings that

are no less effective than 30 CFR 816.151(d)(5) and (6) and

817.151(d)(5) and (6).

[FR Doc. 99-4241 Filed 2-19-99; 8:45 am]

BILLING CODE 4310-05-M