Alaska Regulatory Program, 36360-36363 [05-12439]
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Federal Register / Vol. 70, No. 120 / Thursday, June 23, 2005 / Proposed Rules
of Wines, Distilled Spirits, and Malt
Beverages; Request for Public Comment,
in the Federal Register (70 FR 22274).
In that advance notice of proposed
rulemaking, TTB requested public
comment on possible changes to the
labeling and advertising requirements of
alcohol beverage products regulated by
TTB. When published, the comment
period for Notice No. 41 was scheduled
to close on June 28, 2005.
After the publication of Notice No. 41,
TTB received several requests from
alcohol beverage industry
representatives and organizations to
extend the comment period for Notice
No. 41 for an additional 60 to 90 days
beyond the June 28, 2005, closing date.
In support of the extension request,
industry members note that some of the
questions posed in the notice are broad
and far reaching from a policy
standpoint while others are very
technical and require a great deal of
research and coordination within the
affected industries.
In response to this request, TTB
extends the comment period for Notice
No. 41 for an additional 90 days.
Therefore, comments on Notice No. 41
are now due on or before September 26,
2005.
Drafting Information
Lisa M. Gesser of the Regulations and
Procedures Division drafted this notice.
Signed: June 16, 2005.
John J. Manfreda,
Administrator.
[FR Doc. 05–12396 Filed 6–22–05; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 906
[SATS No. AK–006]
Alaska Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; reopening and
extension of public comment period on
proposed amendment.
AGENCY:
SUMMARY: We are announcing the
receipt of revisions pertaining to a
previously proposed amendment to the
Alaska regulatory program (hereinafter,
the ‘‘Alaska program’’) under the
Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the
Act). Alaska proposes revisions to its
rules concerning revegetation of areas
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with a fish and wildlife habitat,
recreation, shelter belts, or forest
products post mining land use;
subsidence and water replacement;
bond release applications; topsoil
removal; the removal of siltation
structures; impoundment design; coal
mine waste; and mining of coal
incidental to the extraction of other
minerals if the coal is 162⁄3 percent or
less of the total tonnage of minerals
removed.
Alaska intends to revise its program to
be consistent with the corresponding
Federal regulations and incorporate the
additional flexibility afforded by the
revised Federal regulations.
DATES: We will accept written
comments on this amendment until 4
p.m., m.s.t. July 25, 2005.
ADDRESSES: You may submit comments,
identified by docket number AK–006,
by any of the following methods:
• E-mail: jfulton@osmre.gov. Include
AK–006 in the subject line of the
message.
• Mail/Hand Delivery/Courier: James
F. Fulton, Chief, Denver Field Division,
Western Region, Office of Surface
Mining Reclamation and Enforcement,
PO Box 46667, 1999 Broadway, Suite
3320, Denver, CO 80201–6667, 303–
844–1400 extension 1424,
jfulton@osmre.gov.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name and
docket number AK–006. For detailed
instructions on submitting comments
and additional information on the
rulemaking process, see the ‘‘Public
Comment Procedures’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to
review copies of the Alaska program,
this amendment, a listing of any
scheduled public hearings, and all
written comments received in response
to this document you must go to the
addresses listed below during normal
business hours, Monday through Friday,
excluding holidays. You may receive
one free copy of the amendment by
contacting the Office of Surface Mining
Reclamation and Enforcement’s (OSM)
Denver Field Division. In addition, you
may review a copy of the amendment
during regular business hours at the
following locations:
James F. Fulton, Chief, Denver Field
Division, Office of Surface Mining
Reclamation and Enforcement, 1999
Broadway, Suite 3320, Denver, CO
80202–6667, 303–844–1400 extension
1424, jfulton@osmre.gov.
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Stan Foo, Mining Chief, Division Of
Mining, Land and Water, Alaska
Department of Natural Resources, 550
W. 7th Avenue, Suite 900D,
Anchorage, AK 99501, 907–269–8503,
stanf@dnr.state.ak.us.
FOR FURTHER INFORMATION CONTACT:
James F. Fulton, Telephone: 303–844–
1400 ext. 1424. Internet:
jfulton@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Alaska Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Alaska Program
Section 503(a) of the Act permits a
State to assume primacy for the
regulation of surface coal mining and
reclamation operations on non-Federal
and non-Indian lands within its borders
by demonstrating that its State program
includes, among other things, ‘‘a State
law which provides for the regulation of
surface coal mining and reclamation
operations in accordance with the
requirements of this Act * * *; and
rules and regulations consistent with
regulations issued by the Secretary
pursuant to this Act.’’ See 30 U.S.C.
1253(a)(1) and (7). On the basis of these
criteria, the Secretary of the Interior
conditionally approved the Alaska
program on March 23, 1983. You can
find background information on the
Alaska program, including the
Secretary’s findings, the disposition of
comments, and conditions of approval
of the Alaska program in the March 23,
1983, Federal Register (48 FR 12274).
You can also find later actions
concerning Alaska’s program and
program amendments at 30 CFR 902.10,
902.15 and 902.16.
II. Description of the Proposed
Amendment
By letter dated May 11, 2004, Alaska
sent us a proposed amendment to its
program, (State Amendment Tracking
System (SATS) No. AK–006,
administrative record No. AK–9) under
SMCRA (30 U.S.C. 1201 et seq.). Alaska
sent the amendment in response to
portions of letters dated May 7, 1986,
December 16, 1988, February 7, 1990,
June 4, 1996, and June 19, 1997
(administrative record Nos. AK–01, AK–
03, AK–06, AK–07 and AK–09), that we
sent to Alaska in accordance with 30
CFR 732.17(c). Alaska also submitted
the amendment in response to required
program amendments codified at 30
CFR 902.16(a) and (b). Alaska submitted
one provision at its own initiative. The
full text of the program amendment is
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Federal Register / Vol. 70, No. 120 / Thursday, June 23, 2005 / Proposed Rules
available for you to read at the locations
listed above under ADDRESSES.
We announced receipt of the
proposed amendment in the July 19,
2004, Federal Register (69 FR 42920),
provided an opportunity for a public
hearing or meeting on its substantive
adequacy, and invited public comment
on its adequacy (administrative record
No. AK–9–c). Because no one requested
a public hearing or meeting, none was
held. The public comment period ended
on August 18, 2004. We received
comments from one Federal agency.
During our review of the amendment,
we identified concerns relating to the
provisions of:
11 AAC (Alaska Annotated Code)
90.211(a), concerning the requirement
that a permittee include in the
application for each phase of bond
release a notarized statement certifying
that all applicable reclamation activities
have been accomplished in accordance
with appropriate rules and the approved
reclamation plan;
11 AAC 90.311(g), concerning the
subsection that provides the
Commissioner of the Alaska Department
of Natural Resources (Commissioner)
the discretion to authorize an exemption
from the requirements for the removal,
stockpiling, and redistribution of topsoil
and other materials;
11 AAC 90.336(f), concerning the
need to incorporate by reference the
criteria in the ‘‘Minimum Emergency
Spillway Hydrologic Criteria’’ table
found in the Natural Resources
Conservation Service (NRCS)
publication Earth, Dams and Reservoirs
Techical Release No. 60 (TR–60) or
include the ‘‘Minimum Emergency
Spillway Hydrologic Criteria’’ table in
its performance standards for
impoundments;
11 AAC 90.457(c)(3), concerning
consultation with, and approval by the
State forestry and wildlife agencies with
regard to the minimum planting and
stocking arrangements for areas to be
developed for fish and wildlife habitat,
recreation, shelter belts, or forest
products postmining land use;
11 AAC 90.461(g)(1) through (4),
concerning rebuttable presumption in
rules governing subsidence and water
replacement; and 11 AAC 652(i),
concerning the use of the word
‘‘counties.’’
We notified Alaska of our concerns by
letter dated October 4, 2004
(administrative record No. AK–9–3).
Alaska responded in a letter dated April
1, 2005, by submitting a revised
amendment (administrative record No.
AK–9–4).
Alaska requested that we withdraw
from the May 11, 2004, amendment
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proposed revisions at (1) 11 AAC
90.457(c)(3), concerning consultation
with, and approval by the State forestry
and wildlife agencies with regard to the
minimum planting and stocking
arrangements for areas to be developed
for fish and wildlife habitat, recreation,
shelter belts, or forest products
postmining land use; and (2) 11 AAC
90.461(g)(1) through (4), concerning
rebuttable presumption in rules
governing subsidence and water
replacement.
To require a notarized statement,
Alaska proposes to add to 11 AAC
90.211(a), concerning bond release
procedure and criteria, the requirement
that the permittee shall include in the
application for bond release a notarized
statement which certifies that all
applicable reclamation activities have
been accomplished in accordance with
the requirements of Alaska Statute
27.21, 11 AAC 90, and the approved
reclamation plan. Such certification
shall be submitted for each application
or phase of bond release.
To remove the discretion of the
Commissioner to authorize an
exemption from the requirements for the
removal, stockpiling, and redistribution
of topsoil and other materials, Alaska
proposes to delete subsection 11 AAC
90.311(g), concerning removal of topsoil
which allows, in lieu of the
requirements of this chapter for
removal, stockpiling, and redistribution
of topsoil and other materials, that the
Commissioner will, in his or her
discretion, authorize the handling of the
material as part of the backfilling and
grading process under 11 AAC 90.441
and 11 AAC 90.443.
To clarify the intent of the rule with
editorial revisions, Alaska now proposes
that 11 AAC 90.331(e), concerning
siltation structures, require that unless
removal is authorized under 11 AAC
90.232(b), a siltation structure may not
be removed before the Commissioner’s
approval under 11 AAC 90.323(b), until
after the disturbed area has been
stabilized and revegetated, and no
earlier than two years after the last
augmented seeding. When the structure
is removed, the operator must regrade
and revegetate the affected land in
accordance with the requirements of
this chapter, unless the Commissioner
approves retaining a pond, or ponds, as
part of the postmining land use under
11 AAC 90.481. Any pond proposed for
retention must meet all requirements for
a permanent impoundment under 11
AAC 90.336–11 AAC 90.338 and 11
AAC 90.351.
To require that certain impoundments
be designed according to NRCS TR–60,
Alaska proposes to add a new
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subsection at 11 AAC 90.336(g),
concerning impoundment design and
construction, to require that
impoundments meeting the class B or C
criteria for dams in NRCS TR–60 shall
comply with ‘‘Minimum Emergency
Spillway Hydrologic Criteria’’ table in
TR–60 and the requirements of this
section.
To clarify the intent of the rule with
an editorial revision, Alaska proposes
that 11 AAC 90.395(a), concerning
general requirements for coal mine
waste, require that all coal mine waste
disposed of in an area other than the
mine workings or excavations shall be
placed in new or existing disposal areas
within a permit area, which is approved
by the Commissioner for this purpose.
To require publication in a newspaper
of Statewide circulation rather than
circulation in a county, Alaska proposes
that 11 AAC 90.652(i), concerning the
requirements for the content of an
application for exemption from a permit
for mining of coal incidental to the
extraction of other minerals if the coal
is 162⁄3 percent or less of the total
tonnage of minerals removed, require
that the application include, among
other things, evidence of publication in
a newspaper of Statewide circulation
and in a newspaper of general
circulation in the vicinity of the mining
area, of a public notice that an
application for exemption has been filed
with the regulatory authority (the public
notice must identify the persons
claiming the exemption and must
contain a description of the proposed
operation and its locality that is
sufficient for interested persons to
identify the operation).
III. Public Comment Procedures
Written Comments
Send your written comments to OSM
at the address given above. Your written
comments should be specific, pertain
only to the issues proposed in this
rulemaking, and include explanations in
support of your recommendations. We
will not consider or respond to your
comments when developing the final
rule if they are received after the close
of the comment period (see DATES). We
will make every attempt to log all
comments into the administrative
record, but comments delivered to an
address other than the Denver Field
Division may not be logged in.
Electronic Comments
Please submit Internet comments as
an ASCII file avoiding the use of special
characters and any form of encryption.
Please also include ‘‘Attn: SATS No.
AK–006’’ and your name and return
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Federal Register / Vol. 70, No. 120 / Thursday, June 23, 2005 / Proposed Rules
address in your Internet message. If you
do not receive a confirmation that we
have received your Internet message,
contact the Denver Field Division at
303–844–1400 extension 1424.
Availability of Comment
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.
IV. Procedural Determinations
Executive Order 12630—Takings
This rule does not have takings
implications. This determination is
based on the analysis performed for the
counterpart Federal regulation.
Executive Order 12866—Regulatory
Planning and Review
This rule is exempted from review by
the Office of Management and Budget
(OMB) under Executive Order 12866.
Executive Order 12988—Civil Justice
Reform
The Department of the Interior has
conducted the reviews required by
section 3 of Executive Order 12988 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
because each 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.
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Executive Order 13132—Federalism
Paperwork Reduction Act
This rule does not have federalism
implications. SMCRA delineates the
roles of the Federal and State
governments with regard to the
regulation of surface coal mining and
reclamation operations. One of the
purposes of SMCRA is to ‘‘establish a
nationwide program to protect society
and the environment from the adverse
effects of surface coal mining
operations.’’ Section 503(a)(1) of
SMCRA requires that State laws
regulating surface coal mining and
reclamation operations be ‘‘in
accordance with’’ the requirements of
SMCRA. Section 503(a)(7) requires that
State programs contain rules and
regulations ‘‘consistent with’’
regulations issued by the Secretary
pursuant to SMCRA.
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.).
Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
In accordance with Executive Order
13175, we have evaluated the potential
effects of this rule on Federallyrecognized Indian Tribes and have
determined that the rule does not have
substantial direct effects on one or more
Indian Tribes, on the relationship
between the Federal government and
Indian Tribes, or on the distribution of
power and responsibilities between the
Federal government and Indian Tribes.
The rule does not involve or affect
Indian Tribes in any way.
Executive Order 13211—Regulations
That Significantly Affect the Supply,
Distribution, or Use of Energy
On May 18, 2001, the President issued
Executive Order 13211 which requires
agencies to prepare a Statement of
Energy Effects for a rule that is (1)
considered significant under Executive
Order 12866, and (2) likely to have a
significant adverse effect on the supply,
distribution, or use of energy. Because
this rule is exempt from review under
Executive Order 12866 and is not
expected to have a significant adverse
effect on the supply, distribution, or use
of energy, a Statement of Energy Effects
is not required.
National Environmental Policy Act
This rule does not require an
environmental impact statement
because 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)).
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Regulatory Flexibility Act
The Department of the Interior
certifies 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 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. 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.
Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule: (a) Does not have an annual
effect on the economy of $100 million;
(b) will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions; and (c) does not
have significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises. This
determination is based upon the fact
that the State submittal, which is the
subject of this rule, is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation was not considered a major
rule.
Unfunded Mandates
This rule will not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
of $100 million or more in any given
year. This determination is based upon
the fact that the State submittal, which
is the subject of this rule, is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation did not impose an unfunded
mandate.
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Federal Register / Vol. 70, No. 120 / Thursday, June 23, 2005 / Proposed Rules
List of Subjects in 30 CFR Part 902
SUPPLEMENTARY INFORMATION:
Intergovernmental relations, Surface
mining, Underground mining.
Public Participation and Request for
Comments
We encourage you to submit
comments and related material on the
petition for rulemaking. All comments
received will be posted, without change,
to https://dms.dot.gov and will include
any personal information you have
provided. We have an agreement with
the Department of Transportation (DOT)
to use the Docket Management Facility.
Please see DOT’s ‘‘Privacy Act’’
paragraph below.
Submitting comments: If you submit a
comment, please include your name and
address, identify the docket number for
this notice (USCG–2004–19615), and
give the reason for each comment. You
may submit your comments and
material by electronic means, mail, fax,
or delivery to the Docket Management
Facility at the address under ADDRESSES;
but please submit your comments and
material by only one means. If you
submit them by mail or delivery, submit
them in an unbound format, no larger
than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit them by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period.
Viewing the comments: To view the
comments, go to https://dms.dot.gov at
any time and conduct a simple search
using the docket number. You may also
visit the Docket Management Facility in
room PL–401 on the Plaza level of the
Nassif Building, 400 Seventh Street,
SW., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
Privacy Act: Anyone can search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review the Department of
Transportation’s Privacy Act Statement
in the Federal Register published on
April 11, 2000 (65 FR 19477), or you
may visit https://dms.dot.gov.
Dated: May 18, 2005.
Allen D. Klein,
Director, Western Region.
[FR Doc. 05–12439 Filed 6–22–05; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Chapter I
[USCG–2004–19615]
Exclusion Zones for Marine LNG Spills
Coast Guard, DHS.
Reopening of comment period.
AGENCY:
ACTION:
SUMMARY: In response to a request from
the public, the Coast Guard is once
again reopening the public comment
period on a petition from the City of Fall
River, Massachusetts. Fall River’s
petition asks the Coast Guard to
promulgate regulations establishing
thermal and vapor dispersion exclusion
zones for marine spills of liquefied
natural gas, similar to Department of
Transportation regulations for such
spills on land.
DATES: Comments and related material
must reach the Docket Management
Facility on or before August 22, 2005.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2004–19615 to the
Docket Management Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:
(1) Web site: https://dms.dot.gov.
(2) Mail: Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street, SW., Washington, DC
20590–0001.
(3) Fax: 202–493–2251.
(4) Delivery: Room PL–401 on the
Plaza level of the Nassif Building, 400
Seventh Street, SW., Washington, DC,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The telephone number is 202–366–
9329.
If
you have questions on this notice, call
Commander John Cushing at 202–267–
1043 or e-mail
JCushing@comdt.uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Andrea M.
Jenkins, Program Manager, Docket
Operations, telephone 202–366–0271.
FOR FURTHER INFORMATION CONTACT:
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Background and Purpose
As we stated in the original notice
and request for public comments (69 FR
63979, Nov. 3, 2004), the City of Fall
River, Massachusetts, has petitioned the
Coast Guard to promulgate regulations
establishing thermal and vapor
dispersion exclusion zone requirements
for liquefied natural gas (LNG) spills on
water. The City asks that these
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regulations be similar to Department of
Transportation regulations for LNG
spills on land, contained in 49 CFR
193.2057 (Thermal radiation protection)
and 193.2059 (Flammable vapor-gas
dispersion protection).
In our original notice, we provided a
public comment period that ended
February 1, 2005. Near the end of that
comment period, we received a letter
from the Attorney General of Rhode
Island that read in part: ‘‘* * * I wish
to emphasize that my office is waiting
for the completion of a Threat Analysis
* * *. I am formally requesting that the
public comment period in this docket
remain open for an additional sixty (60)
days to allow for consideration of [that]
report.’’ In response to that request, on
March 10, 2005, the Coast Guard
published the notice reopening the
comment period (70 FR 11912).
The Coast Guard has since been
informed that the report, ‘‘LNG
Facilities in Urban Areas’’ was not
released until May 9, 2005—the day the
docket was scheduled to close. On May
24, 2005, the report was filed in the
docket: Clark Report, Item 76 in docket
USCG–2005–19615.
The Coast Guard was requested to
reopen the comment period again, so
that the report may be reviewed and
comments on it may be submitted to the
docket. In response to this request, the
Coast Guard is reopening the comment
period.
The public is invited to review the
referenced report and other material
contained in the docket and to submit
relevant comments by August 22, 2005.
The Coast Guard will consider the City’s
petition, any comments received from
the public, and other information to
determine whether or not to initiate the
requested rulemaking.
Dated: June 13, 2005.
Howard L. Hime,
Acting Director of Standards, Marine Safety,
Security & Environmental Protection.
[FR Doc. 05–12399 Filed 6–22–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
33 CFR Part 334
United States Marine Corps Restricted
Area; Broad River and Beaufort River
and tributaries, Marine Corps Recruit
Depot, Parris Island, South Carolina
United States Army Corps of
Engineers, DoD.
AGENCY:
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]]>Agencies
[Federal Register Volume 70, Number 120 (Thursday, June 23, 2005)]
[Proposed Rules]
[Pages 36360-36363]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12439]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 906
[SATS No. AK-006]
Alaska 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: We are announcing the receipt of revisions pertaining to a
previously proposed amendment to the Alaska regulatory program
(hereinafter, the ``Alaska program'') under the Surface Mining Control
and Reclamation Act of 1977 (SMCRA or the Act). Alaska proposes
revisions to its rules concerning revegetation of areas with a fish and
wildlife habitat, recreation, shelter belts, or forest products post
mining land use; subsidence and water replacement; bond release
applications; topsoil removal; the removal of siltation structures;
impoundment design; coal mine waste; and mining of coal incidental to
the extraction of other minerals if the coal is 16\2/3\ percent or less
of the total tonnage of minerals removed.
Alaska intends to revise its program to be consistent with the
corresponding Federal regulations and incorporate the additional
flexibility afforded by the revised Federal regulations.
DATES: We will accept written comments on this amendment until 4 p.m.,
m.s.t. July 25, 2005.
ADDRESSES: You may submit comments, identified by docket number AK-006,
by any of the following methods:
E-mail: jfulton@osmre.gov. Include AK-006 in the subject
line of the message.
Mail/Hand Delivery/Courier: James F. Fulton, Chief, Denver
Field Division, Western Region, Office of Surface Mining Reclamation
and Enforcement, PO Box 46667, 1999 Broadway, Suite 3320, Denver, CO
80201-6667, 303-844-1400 extension 1424, jfulton@osmre.gov.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency name
and docket number AK-006. For detailed instructions on submitting
comments and additional information on the rulemaking process, see the
``Public Comment Procedures'' heading of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to review copies of the Alaska
program, this amendment, a listing of any scheduled public hearings,
and all written comments received in response to this document you must
go to the addresses listed below during normal business hours, Monday
through Friday, excluding holidays. You may receive one free copy of
the amendment by contacting the Office of Surface Mining Reclamation
and Enforcement's (OSM) Denver Field Division. In addition, you may
review a copy of the amendment during regular business hours at the
following locations:
James F. Fulton, Chief, Denver Field Division, Office of Surface Mining
Reclamation and Enforcement, 1999 Broadway, Suite 3320, Denver, CO
80202-6667, 303-844-1400 extension 1424, jfulton@osmre.gov.
Stan Foo, Mining Chief, Division Of Mining, Land and Water, Alaska
Department of Natural Resources, 550 W. 7th Avenue, Suite 900D,
Anchorage, AK 99501, 907-269-8503, stanf@dnr.state.ak.us.
FOR FURTHER INFORMATION CONTACT: James F. Fulton, Telephone: 303-844-
1400 ext. 1424. Internet: jfulton@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Alaska Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Alaska Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its State program includes, among other things, ``a State law which
provides for the regulation of surface coal mining and reclamation
operations in accordance with the requirements of this Act * * *; and
rules and regulations consistent with regulations issued by the
Secretary pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On
the basis of these criteria, the Secretary of the Interior
conditionally approved the Alaska program on March 23, 1983. You can
find background information on the Alaska program, including the
Secretary's findings, the disposition of comments, and conditions of
approval of the Alaska program in the March 23, 1983, Federal Register
(48 FR 12274). You can also find later actions concerning Alaska's
program and program amendments at 30 CFR 902.10, 902.15 and 902.16.
II. Description of the Proposed Amendment
By letter dated May 11, 2004, Alaska sent us a proposed amendment
to its program, (State Amendment Tracking System (SATS) No. AK-006,
administrative record No. AK-9) under SMCRA (30 U.S.C. 1201 et seq.).
Alaska sent the amendment in response to portions of letters dated May
7, 1986, December 16, 1988, February 7, 1990, June 4, 1996, and June
19, 1997 (administrative record Nos. AK-01, AK-03, AK-06, AK-07 and AK-
09), that we sent to Alaska in accordance with 30 CFR 732.17(c). Alaska
also submitted the amendment in response to required program amendments
codified at 30 CFR 902.16(a) and (b). Alaska submitted one provision at
its own initiative. The full text of the program amendment is
[[Page 36361]]
available for you to read at the locations listed above under
ADDRESSES.
We announced receipt of the proposed amendment in the July 19,
2004, Federal Register (69 FR 42920), provided an opportunity for a
public hearing or meeting on its substantive adequacy, and invited
public comment on its adequacy (administrative record No. AK-9-c).
Because no one requested a public hearing or meeting, none was held.
The public comment period ended on August 18, 2004. We received
comments from one Federal agency.
During our review of the amendment, we identified concerns relating
to the provisions of:
11 AAC (Alaska Annotated Code) 90.211(a), concerning the
requirement that a permittee include in the application for each phase
of bond release a notarized statement certifying that all applicable
reclamation activities have been accomplished in accordance with
appropriate rules and the approved reclamation plan;
11 AAC 90.311(g), concerning the subsection that provides the
Commissioner of the Alaska Department of Natural Resources
(Commissioner) the discretion to authorize an exemption from the
requirements for the removal, stockpiling, and redistribution of
topsoil and other materials;
11 AAC 90.336(f), concerning the need to incorporate by reference
the criteria in the ``Minimum Emergency Spillway Hydrologic Criteria''
table found in the Natural Resources Conservation Service (NRCS)
publication Earth, Dams and Reservoirs Techical Release No. 60 (TR-60)
or include the ``Minimum Emergency Spillway Hydrologic Criteria'' table
in its performance standards for impoundments;
11 AAC 90.457(c)(3), concerning consultation with, and approval by
the State forestry and wildlife agencies with regard to the minimum
planting and stocking arrangements for areas to be developed for fish
and wildlife habitat, recreation, shelter belts, or forest products
postmining land use;
11 AAC 90.461(g)(1) through (4), concerning rebuttable presumption
in rules governing subsidence and water replacement; and 11 AAC 652(i),
concerning the use of the word ``counties.''
We notified Alaska of our concerns by letter dated October 4, 2004
(administrative record No. AK-9-3). Alaska responded in a letter dated
April 1, 2005, by submitting a revised amendment (administrative record
No. AK-9-4).
Alaska requested that we withdraw from the May 11, 2004, amendment
proposed revisions at (1) 11 AAC 90.457(c)(3), concerning consultation
with, and approval by the State forestry and wildlife agencies with
regard to the minimum planting and stocking arrangements for areas to
be developed for fish and wildlife habitat, recreation, shelter belts,
or forest products postmining land use; and (2) 11 AAC 90.461(g)(1)
through (4), concerning rebuttable presumption in rules governing
subsidence and water replacement.
To require a notarized statement, Alaska proposes to add to 11 AAC
90.211(a), concerning bond release procedure and criteria, the
requirement that the permittee shall include in the application for
bond release a notarized statement which certifies that all applicable
reclamation activities have been accomplished in accordance with the
requirements of Alaska Statute 27.21, 11 AAC 90, and the approved
reclamation plan. Such certification shall be submitted for each
application or phase of bond release.
To remove the discretion of the Commissioner to authorize an
exemption from the requirements for the removal, stockpiling, and
redistribution of topsoil and other materials, Alaska proposes to
delete subsection 11 AAC 90.311(g), concerning removal of topsoil which
allows, in lieu of the requirements of this chapter for removal,
stockpiling, and redistribution of topsoil and other materials, that
the Commissioner will, in his or her discretion, authorize the handling
of the material as part of the backfilling and grading process under 11
AAC 90.441 and 11 AAC 90.443.
To clarify the intent of the rule with editorial revisions, Alaska
now proposes that 11 AAC 90.331(e), concerning siltation structures,
require that unless removal is authorized under 11 AAC 90.232(b), a
siltation structure may not be removed before the Commissioner's
approval under 11 AAC 90.323(b), until after the disturbed area has
been stabilized and revegetated, and no earlier than two years after
the last augmented seeding. When the structure is removed, the operator
must regrade and revegetate the affected land in accordance with the
requirements of this chapter, unless the Commissioner approves
retaining a pond, or ponds, as part of the postmining land use under 11
AAC 90.481. Any pond proposed for retention must meet all requirements
for a permanent impoundment under 11 AAC 90.336-11 AAC 90.338 and 11
AAC 90.351.
To require that certain impoundments be designed according to NRCS
TR-60, Alaska proposes to add a new subsection at 11 AAC 90.336(g),
concerning impoundment design and construction, to require that
impoundments meeting the class B or C criteria for dams in NRCS TR-60
shall comply with ``Minimum Emergency Spillway Hydrologic Criteria''
table in TR-60 and the requirements of this section.
To clarify the intent of the rule with an editorial revision,
Alaska proposes that 11 AAC 90.395(a), concerning general requirements
for coal mine waste, require that all coal mine waste disposed of in an
area other than the mine workings or excavations shall be placed in new
or existing disposal areas within a permit area, which is approved by
the Commissioner for this purpose.
To require publication in a newspaper of Statewide circulation
rather than circulation in a county, Alaska proposes that 11 AAC
90.652(i), concerning the requirements for the content of an
application for exemption from a permit for mining of coal incidental
to the extraction of other minerals if the coal is 16\2/3\ percent or
less of the total tonnage of minerals removed, require that the
application include, among other things, evidence of publication in a
newspaper of Statewide circulation and in a newspaper of general
circulation in the vicinity of the mining area, of a public notice that
an application for exemption has been filed with the regulatory
authority (the public notice must identify the persons claiming the
exemption and must contain a description of the proposed operation and
its locality that is sufficient for interested persons to identify the
operation).
III. Public Comment Procedures
Written Comments
Send your written comments to OSM at the address given above. Your
written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of
your recommendations. We will not consider or respond to your comments
when developing the final rule if they are received after the close of
the comment period (see DATES). We will make every attempt to log all
comments into the administrative record, but comments delivered to an
address other than the Denver Field Division may not be logged in.
Electronic Comments
Please submit Internet comments as an ASCII file avoiding the use
of special characters and any form of encryption. Please also include
``Attn: SATS No. AK-006'' and your name and return
[[Page 36362]]
address in your Internet message. If you do not receive a confirmation
that we have received your Internet message, contact the Denver Field
Division at 303-844-1400 extension 1424.
Availability of Comment
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.
IV. Procedural Determinations
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal regulation.
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 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 because
each 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.
Executive Order 13132--Federalism
This rule does not have federalism implications. SMCRA delineates
the roles of the Federal and State governments with regard to the
regulation of surface coal mining and reclamation operations. One of
the purposes of SMCRA is to ``establish a nationwide program to protect
society and the environment from the adverse effects of surface coal
mining operations.'' Section 503(a)(1) of SMCRA requires that State
laws regulating surface coal mining and reclamation operations be ``in
accordance with'' the requirements of SMCRA. Section 503(a)(7) requires
that State programs contain rules and regulations ``consistent with''
regulations issued by the Secretary pursuant to SMCRA.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on Federally-recognized Indian Tribes
and have determined that the rule does not have substantial direct
effects on one or more Indian Tribes, on the relationship between the
Federal government and Indian Tribes, or on the distribution of power
and responsibilities between the Federal government and Indian Tribes.
The rule does not involve or affect Indian Tribes in any way.
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
This rule does not require an environmental impact statement
because 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)).
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 certifies 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
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. 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.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not
have an annual effect on the economy of $100 million; (b) will not
cause a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions; and (c) does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation was not considered a
major rule.
Unfunded Mandates
This rule will not impose an unfunded mandate on State, local, or
tribal governments or the private sector of $100 million or more in any
given year. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation did not impose an
unfunded mandate.
[[Page 36363]]
List of Subjects in 30 CFR Part 902
Intergovernmental relations, Surface mining, Underground mining.
Dated: May 18, 2005.
Allen D. Klein,
Director, Western Region.
[FR Doc. 05-12439 Filed 6-22-05; 8:45 am]
BILLING CODE 4310-05-P
