[Federal Register Volume 77, Number 182 (Wednesday, September 19, 2012)]
[Proposed Rules]
[Pages 58056-58058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23077]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 924
[SATS No. MS-023-FOR; Docket No. OSM-2012-0018]
Mississippi Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are announcing receipt of a proposed amendment to the
Mississippi regulatory program (Mississippi Program) under the Surface
Mining Control and Reclamation Act of 1977 (SMCRA or the Act).
Mississippi proposes revisions to its regulations regarding:
definitions; identification of interests; lands eligible for remining;
permit eligibility determination; review of permit applications;
eligibility for provisionally issued permits; criteria for permit
approval or denial; initial review and finding requirements for
improvidently issued permits; notice requirements for improvidently
issued permits; suspension or rescission requirements for improvidently
issued permits; unanticipated events or conditions at remining sites;
verification of ownership or control application information; who may
challenge ownership or control listings and findings; how to challenge
an ownership or control listing or finding; burden of proof for
ownership or control challenges; written agency decision on challenges
to ownership or control listings or findings; post-permit issuance
requirements for regulatory authorities and other actions based on
ownership, control, and violation information; post-permit issuance
requirements for permittees; backfilling and grading: previously mined
areas; and alternative enforcement. Mississippi intends to revise its
program to be no less effective than the Federal regulations and to
improve operational efficiency.
This document gives the times and locations of the Mississippi
program and this proposed amendment to that program are available for
your inspection, the comment period during which you may submit written
comments on the amendment, and the procedures that we will follow for
the public hearing, if one is requested.
DATES: We will accept written comments on this amendment until 4 p.m.,
c.d.t., October 19, 2012. If requested, we will hold a public hearing
on the amendment on October 15, 2012. We will accept requests to speak
at a hearing until 4 p.m., c.d.t. on October 4, 2012.
ADDRESSES: You may submit comments, identified by SATS No. MS-023-FOR,
by any of the following methods:
Mail/Hand Delivery: Sherry Wilson, Director, Birmingham
Field Office, Office of Surface Mining Reclamation and Enforcement, 135
Gemini Circle, Suite 215, Homewood, Alabama 35209; Telephone: (205)
290-7282
Fax: (205) 290-7280
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. 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
Mississippi program, a listing of any scheduled public hearings, and
all written comments received in response to this document, you must go
to the address of our Birmingham Field Office listed above 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 or going to www.regulations.gov.
Sherry Wilson, Director, Birmingham Field Office, Office of Surface
Mining Reclamation and Enforcement, 135 Gemini Circle, Suite 215,
Homewood, Alabama 35209, Telephone: (205) 290-7282, Email:
[email protected].
In addition, you may review a copy of the amendment during regular
business hours at the following location: Mississippi Office of
Geology, Department of Environmental Quality, 700 N. State Street,
Jackson, Mississippi 39202, Telephone: (601) 961-5519.
FOR FURTHER INFORMATION CONTACT: Sherry Wilson, Director, Birmingham
Field Office. Telephone: (205) 290-7282. Email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on Mississippi Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Mississippi 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 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 Mississippi program effective September 4, 1980. You can find
background information on the Mississippi program, including the
Secretary's findings, the disposition of comments, and the conditions
of approval of the Mississippi program in the September 4, 1980,
Federal Register (45 FR 58520). You can also find later actions
concerning the Mississippi program and program amendments at 30 CFR
924.10, 924.15, 924.16, and 924.17.
II. Description of the Proposed Mississippi Amendment
By email dated July 26, 2012 (Administrative Record No. MS-0423),
Mississippi sent us an amendment to its Program under SMCRA (30 U.S.C.
1201 et seq.). Mississippi submitted the proposed amendment in response
to a September 30, 2009, letter (Administrative Record No. MS-0420-02)
that OSM sent to Mississippi in accordance with 30 CFR 732.17(c), with
an additional change submitted on its own initiative. Below is a
summary of the changes proposed by Mississippi. The full text of the
program amendment is available for you to read at the locations listed
above under ADDRESSES or at www.regulations.gov.
Mississippi proposes to revise its Surface Coal Mining Regulations
in the following sections:
A. Mississippi Surface Coal Mining Regulations Sec. 105. Definitions
Mississippi proposes to modify this section by changing language,
adding new language, or deleting language for
[[Page 58057]]
the definitions of Applicant Violator System or AVS; Knowing or
Knowingly; Knowingly; Ownership or Control Link; Previously mined area;
Slope; Violation; and Willfully.
B. Mississippi Surface Coal Mining Regulations Sec. 2305.
Identification of Interests
Mississippi proposes to add additional language requiring the
identification of interests for the applicant and operator, and the
entry of the applicants information into the Applicant/Violator System
(AVS).
C. Mississippi Surface Coal Mining Regulations Sec. 2902. Lands
Eligible for Remining
Mississippi proposes to add a new section regarding lands eligible
for remining.
D. Mississippi Surface Coal Mining Regulations Sec. 3102. Permit
Eligibility Determination
Mississippi proposes to add a new section regarding permit
eligibility determination.
E. Mississippi Surface Coal Mining Regulations Sec. 3112. Review of
Permit Applications
Mississippi proposes to renumber section Sec. 3113 as Sec. 3112.
F. Mississippi Surface Coal Mining Regulations Sec. 3113. Eligibility
for Provisionally Issued Permits
Mississippi proposes to add this new section regarding an
applicant's eligibility for a provisionally issued permit.
G. Mississippi Surface Coal Mining Regulations Sec. 3115. Criteria for
Permit Approval or Denial
Mississippi proposes to add new language regarding permit approval
for remining operations.
H. Mississippi Surface Coal Mining Regulations Sec. 3127. Initial
Review and Finding Requirements for Improvidently Issued Permits
Mississippi proposes to delete old language regarding general
procedures for improvidently issued permits and insert new language
regarding initial review and finding requirements for improvidently
issued permits.
I. Mississippi Surface Coal Mining Regulations Sec. 3128. Notice
Requirements for Improvidently Issued Permits
Mississippi has proposed to add a new section regarding the notice
requirements for improvidently issued permits.
J. Mississippi Surface Coal Mining Regulations Sec. 3129. Suspension
or Rescission Requirements for Improvidently Issued Permits
Mississippi proposes to change the language of this section
regarding suspension and rescission requirements for improvidently
issued permits.
K. Mississippi Surface Coal Mining Regulations Sec. 3130.
Unanticipated Events or Conditions at Remining Sites
Mississippi proposes to add this new section regarding
unanticipated events or conditions at remining sites.
L. Mississippi Surface Coal Mining Regulations Sec. 3131. Verification
of Ownership or Control Application Information
Mississippi proposes to change language in this section regarding
the determination of additional owners or controllers and their
identification information for entry into AVS if the applicant or
operators do not have previous mining experience.
M. Mississippi Surface Coal Mining Regulations Sec. 3133. Who May
Challenge Ownership or Control Listings and Findings
Mississippi proposes to delete language in this section regarding
the review of ownership or control and violation information, and add
language regarding who may challenge an ownership or control listing or
finding.
N. Mississippi Surface Coal Mining Regulations Sec. 3135. How to
Challenge an Ownership or Control Listing or Finding
Mississippi proposes to delete language in this section regarding
procedures for challenging ownership or control links in AVS and add
language regarding how to challenge ownership or control listings or
findings.
O. Mississippi Surface Coal Mining Regulations Sec. 3136. Burden of
Proof for Ownership or Control Challenges
Mississippi proposes to delete language from this section regarding
written agency decisions on challenges to ownership or control listings
or findings and add new language regarding the burden of proof for
ownership or control challenges.
P. Mississippi Surface Coal Mining Regulations Sec. 3137. Written
Agency Decision on Challenges to Ownership or Control Listings or
Findings
Mississippi proposes to delete language from this section regarding
standards for challenging ownership or control links and the status of
violations, and add new language regarding written agency decisions on
challenges to ownership or control listings or findings.
Q. Mississippi Surface Coal Mining Regulations Sec. 3138. Post-Permit
Issuance Requirements for Regulatory Authorities and Other Actions
Based on Ownership, Control, and Violation Information
Mississippi proposes to add this new section regarding post-permit
issuance requirements for regulatory authorities and other actions
based on ownership, control, and violation information.
R. Mississippi Surface Coal Mining Regulations Sec. 3139. Post-Permit
Issuance Requirements for Permittees
Mississippi proposes to add this new section regarding post-permit
issuance requirements for permittees.
S. Mississippi Surface Coal Mining Regulations Sec. 5396. Backfilling
and Grading: Previously Mined Areas
Mississippi proposes to add this new section regarding backfilling
and grading requirements on previously mined areas.
T. Mississippi Surface Coal Mining Regulations Chapter 73. Alternative
Enforcement
Mississippi proposes to add this new chapter regarding alternative
enforcement by adding new sections Sec. 7301 Scope, Sec. 7303 General
Provisions, Sec. 7305 Criminal Penalties, and Sec. 7307 Civil Actions
for Relief.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether Mississippi's proposed amendment satisfies the
applicable program approval criteria of 30 CFR 732.15. If we approve
the amendment, it will become part of Mississippi's State Program.
Electronic or Written Comments
If you submit written comments, they should be specific, confined
to issues pertinent to the proposed regulations, and explain the reason
for any recommended change(s). We appreciate any and all comments, but
those most useful and likely to influence decisions on the final
regulations will be those that either involve personal experience or
include citations to and analyses of SMCRA, its legislative history,
its implementing regulations, case law, other pertinent State or
Federal laws or regulations, technical literature, or other relevant
publications.
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We cannot ensure that comments received after the close of the
comment period (see DATES) or sent to an address other than those
listed (see ADDRESSES) will be included in the docket for this
rulemaking and considered.
Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment including your personal identifying
information may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., c.d.t. on
October 4, 2012. If you are disabled and need reasonable accommodations
to attend a public hearing, contact the person listed under FOR FURTHER
INFORMATION CONTACT. We will arrange the location and time of the
hearing with those persons requesting the hearing. If no one requests
an opportunity to speak, we will not hold a hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at the public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone scheduled to
speak has been given an opportunity to be heard. If you are in the
audience and have not been scheduled to speak and wish to do so, you
will be allowed to speak after those who have been scheduled. We will
end the hearing after everyone scheduled to speak and others present in
the audience who wish to speak, have been heard.
Public Meeting
If only one person requests an opportunity to speak, we may hold a
public meeting rather than a public hearing. If you wish to meet with
us to discuss the amendment, please request a meeting by contacting the
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings
are open to the public; if possible, we will post notices of meetings
at the locations listed under ADDRESSES. We will make a written summary
of each meeting a part of the administrative record.
IV. Procedural Determinations
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.
Other Laws and Executive Orders Affecting Rulemaking
When a State submits a program amendment to OSM for review, our
regulations at 30 CFR 732.17(h) require us to publish a notice in the
Federal Register indicating receipt of the proposed amendment, its text
or a summary of its terms, and an opportunity for public comment. We
conclude our review of the proposed amendment after the close of the
public comment period and determine whether the amendment should be
approved, approved in part, or not approved. At that time, we will also
make the determinations and certifications required by the various laws
and executive orders governing the rulemaking process and include them
in the final rule.
List of Subjects in 30 CFR Part 924
Intergovernmental relations, Surface mining, Underground mining.
Dated: July 31, 2012.
Paul J. Ehret,
Acting Regional Director, Mid-Continent Region.
[FR Doc. 2012-23077 Filed 9-18-12; 8:45 am]
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