[Federal Register Volume 63, Number 41 (Tuesday, March 3, 1998)]
[Rules and Regulations]
[Pages 10309-10317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5392]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 916
[SPATS No. KS-017-FOR]
Kansas Regulatory Program and Abandoned Mine Land Reclamation
Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: OSM is approving a proposed amendment to the Kansas regulatory
program and abandoned mine land reclamation plan (hereinafter referred
to as the ``Kansas program'') under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA). Kansas proposed revisions to and
additions of regulations pertaining to communications, petitions to
initiate rulemaking, notice of citizen suits, preparation and
submission of reports by the permittee, definitions, permit
applications, administrative hearing procedures, civil penalties,
permit review, permit revision, permit renewals, permit transfers,
assignments, and sales, permit conditions, permit suspension or
revocation, termination of jurisdiction, exemption for coal extraction
incident to government-financed highway or other construction,
exemption for coal extraction incidental to the extraction of other
minerals, coal exploration, bonding procedures, performance standards,
revegetation, interim performance standards, underground mining, small
operator assistance program, lands unsuitable for surface mining,
training, certification, and responsibilities of blasters and
operators, employee financial interests, inspection and enforcement,
eligible lands and water, reclamation project evaluation, consent to
entry, liens, appraisals, contractor responsibility, exclusion of
certain noncoal reclamation sites, and abandoned mine land reclamation
plan reports. The amendment is intended to revise the Kansas program to
be consistent with the corresponding Federal regulations.
EFFECTIVE DATE: March 3, 1998.
FOR FURTHER INFORMATION CONTACT:
Russell W. Frum, Mid-Continent Regional Coordinating Center, Office of
Surface Mining, Alton Federal Building, 501 Belle Street, Alton,
Illinois 62002, Telephone: (618) 463-6460.
SUPPLEMENTARY INFORMATION:
I. Background on the Kansas Program
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations
I. Background on the Kansas Program
The Secretary of the Interior conditionally approved the Kansas
regulatory program on January 21, 1981, and the Kansas abandoned mine
land reclamation plan on February 1, 1982. General background
information on the Kansas regulatory program and the Kansas abandoned
mine land reclamation plan, including the Secretary's findings, the
disposition of comments, and the conditions of approval can be found in
the January 21, 1981, Federal Register (46 FR 5892) and the February 1,
1982, Federal Register (47 FR 4513), respectively. Subsequent actions
concerning Kansas' program and program amendments can be found at 30
CFR 916.10, 916.12, 916.15, 916.16, 916.20, and 916.25.
II. Submission of the Proposed Amendment
By letter dated May 7, 1997 (Administrative Record No. KS-615),
Kansas submitted a proposed amendment to its program pursuant to SMCRA.
Kansas submitted the proposed amendment at its own initiative.
OSM announced receipt of the proposed amendment in the June 4,
1997, Federal Register (62 FR 30535) and in the same document opened
the public comment period and provided an opportunity for a public
hearing or meeting on the adequacy of the proposed amendment. The
public comment period closed on July 7, 1997. Because no one requested
a public hearing or meeting, none was held.
During its review of the amendment, OSM identified concerns
relating to K.A.R. 47-2-53, definition for regulatory authority; K.A.R.
47-2-75(6)(A), definition for director; K.A.R. 47-3-42(a)(49)(B) and
(a)(49)(E), procedures for challenging ownership or control links shown
in AVS; K.A.R. 47-3-42(a)(50)(E), standards for challenging ownership
or control links and the status of violations; K.A.R. 47-5-5a(c)(4)(D),
review of waiver determination; K.A.R. 47-5-5a(c)(6)(C)(i) and
(c)(6)(E), summary disposition; K.A.R. 47-6-4(c), permit transfers,
assignments, and sales; K.A.R. 47-6-8(b), termination of jurisdiction;
K.A.R. 47-6-9(b)(3), exemption for coal extraction incident to
government-financed highway or other construction; K.A.R. 47-6-
10(b)(4), exemption for coal extraction incidental to the extraction of
other minerals; K.A.R. 47-7-2(b)(6) and (b)(8), coal exploration;
K.A.R. 47-8-9(a)(1) and (b)(8), bonding procedures; K.A.R. 47-9-1(c),
performance standards--surface mining activates; K.A.R. 47-9-1(c)(17)
and (e)(17), use of explosives: general requirements; K.A.R. 47-9-
1(c)(35), backfilling and grading: time and distance requirements;
K.A.R. 47-9-1(j)(9), substitution of Kansas terms for Federal terms in
30 CFR Parts 816 and 817; K.A.R. 47-16-1, eligible lands and water;
K.A.R. 47-16-6(d), liens; K.A.R. 47-16-9(a), contractor responsibility;
K.A.R. 47-16-10(b)(1), exclusion of certain noncoal reclamation sites;
and K.A.R. 47-16-11 (a)(2)(A) and (b)(2)(A), reports. OSM notified
Kansas of the concerns by letter dated October 8, 1997 (Administrative
Record No. KS-615.5).
By letter dated November 14, 1997 (Administrative Record No. KS-
615.6), Kansas responded to OSM's concerns by submitting explanatory
information and revisions to its proposed program amendment. Kansas
proposed additional revisions and additions to K.A.R. 47-2-53,
definition for regulatory authority; K.A.R. 47-2-75a(6)(A), definition
for director; K.A.R. 47-3-42(a)(49)(A), (a)(49)(D) and (a)(49)G),
procedures for challenging ownership or control links shown in
[[Page 10310]]
AVS; K.A.R. 47-3-42(a)(50)(E), standards for challenging ownership or
control links and the status of violations; K.A.R. 47-5-5a(c)(4)(D),
review of waiver determination; K.A.R. 47-5-5a (c)(6)(C)(i) and (E),
summary disposition; K.A.R. 47-6-4(c), permit transfers, assignments,
and sales; K.A.R. 47-6-8(b), termination of jurisdiction; K.A.R. 47-6-
9(b)(3), exemption for coal extraction incident to government-financed
highway or other construction; K.A.R. 47-7-2(b)(6) and (b)(8), coal
exploration; K.A.R. 47-8-9(a)(1) and (b)(8), bonding procedures; K.A.R.
47-9-1(c), performance standards--surface mining activities; K.A.R. 47-
9-1(c)(17) and (e)(17), use of explosives: general requirements; K.A.R.
47-9-1(c)(35), backfilling and grading: time and distance requirements;
K.A.R. 47-9-1(j)(9), substitution of Kansas terms for Federal terms in
30 CFR parts 816 and 817; K.A.R. 47-16-1, eligible lands and water;
K.A.R. 47-16-6(d), liens; K.A.R. 47-16-9(a), contractor responsibility;
K.A.R. 47-16-10(b)(1), exclusion of certain noncoal reclamation sites;
and K.A.R. 47-16-11, reports.
In addition, via the facsimile machine on December 31, 1997
(Administrative Record No. KS-615.7), OSM notified Kansas of additional
concerns regarding its November 14, 1997, response. These concerns
involved typographical errors at K.A.R. 47-3-41(a)(49)(G), procedures
for challenging ownership or control links shown in AVS; K.A.R. 47-9-
1(c)(35)(a), backfilling and grading: time and distance requirements,
and K.A.R. 47-16-11(a), reports. Kansas responded to the concerns by
correcting typographical errors in a letter dated December 31, 1997
(Administrative Records No. KS-615.8).
Based upon the additional explanatory information and revisions to
the proposed program amendment submitted by Kansas, OSM reopened the
public comment period in the January 20, 1998, Federal Register (63 FR
2916). The public comment period closed on February 4, 1998.
III. Director's Findings
Set forth below, pursuant to SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17, are the Director's findings concerning the
proposed amendment.
Kansas Regulatory Program
A. Regulations Proposed for Deletion or Revocation
1. K.A.R. 47-1-1, Title. Kansas proposed to revoke this section
that states these rules shall be known as rules of practice and
procedures of the surface mining section of the Kansas department of
health and environment. The Director is approving the revocation of
this section because it will not render the Kansas regulations less
effective than the Federal regulations.
2. K.A.R.: 47-1-4, Sessions. Kansas proposed to revoke this section
regarding special meetings scheduled by the surface mining section
chief with the approval of the Secretary of the Kansas department of
health and environment. The Director is approving the revocation of
this section because there is no counterpart Federal regulation and the
revocation will not render the Kansas regulations less effective than
the Federal regulations.
3. K.R. 47-1-10, General Notice Requirement. Kansas proposed to
revoke this section regarding notice of scheduled surface mining
section meetings. The Director is approving the revocation of this
section because there is no counterpart Federal regulation and the
revocation will not render the Kansas regulations less effective than
the Federal regulations.
4. K.A.R. 47-2-14, Definition of Complete and Accurate Application.
Kansas proposed to delete its definition of ``complete and accurate
application.'' The Director previously approved this deletion (See 58
FR 32847, June 14, 1993).
5. K.A.R. 47-3-42(a)(15), Land Use Information. Kansas proposed to
delete its adoption by reference of 30 CFR 779.22, land use
information. The Director is approving this deletion because OSM
deleted 30 CFR 779.22 from the Federal regulations in its entirety (See
59 FR 27932, May 27, 1994).
6. K.A.R. 47-4-14a(b)(2), Definition of Person. Kansas proposed to
delete its definition of ``person.'' The Director is approving the
deletion of this definition because Kansas proposed to adopt by
reference the Federal definition of ``person'' at 30 CFR 700.5. This
proposed adoption by reference can be found at K.A.R. 47-2-75(a).
7. K.A.R. 47-4-14a(d)(4)(G) and (d)(5)(B)(i), Formal Hearings--
Prehearing Conference. Kansas proposed to delete the above paragraphs
regarding prehearing conferences. These regulations would allow a
prehearing conference to be converted, without further notice, into a
conference hearing or a summary proceeding for disposition of the
matter or conversion of the proceeding to another type. The Director
previously approved the deletion of these provisions (See 58 FR 32847,
June 14, 1993).
8. K.A.R. 47-4-14a(d)(17)(C), Formal Hearings--Orders. Kansas
proposed to delete the above paragraph regarding formal hearings. This
regulation would allow Kansas to take immediate action to protect the
public interest in accordance with K.A.R. 47-4-14a(f), Emergency
Proceedings. The Director previously approved the deletion of this
provision (See 58 FR 32847, June 14, 1993).
9. K.A.R. 47-4-14a(e), Conference Hearings. Kansas proposed to
delete the above paragraph regarding conference hearings. This
regulation would allow Kansas to hold these hearings if their use does
not violate any provision of law and where there is a matter in which
there is no disputed issue of material fact or there is a disputed
issue of material fact and the parties agree to a hearing. The Director
previously approved the deletion of this provision (See 58 FR 32847,
June 14, 1993).
10. K.A.R. 47-4-14a(f), Emergency Proceedings. Kansas proposed to
delete the above paragraph regarding emergency proceedings. This
regulation would allow Kansas to have these proceedings in a situation
involving an immediate danger to the public health, safety or welfare
requiring immediate state agency action or as otherwise provided by
law. The Director previously approved the deletion of this provision
(See 58 FR 32847, June 14, 1993).
11. K.A.R. 47-4-14a(g), Summary Proceedings. Kansas proposed to
delete the above paragraph regarding summary proceedings. This
regulation would allow Kansas to have these proceedings if their use
does not violate any provision of law and the protection of the public
interest does not require the state agency to give notice and an
opportunity to participate to persons other than the parties. The
Director previously approved the deletion of this provision (See 58 FR
32847, June 14, 1993).
12. K.A.R. 47-13-4, Training and Certification of Blasters. Kansas
proposed to delete paragraphs (b)(2) and (b)(3) of this section. The
Director previously approved these deletions (See 59 FR 28769, June 3,
1994).
B. Regulations With Editorial Changes
Kansas proposed nonsubstantive wording changes, paragraph notation
changes, citation corrections, and other editorial changes in the
following sections of the K.A.R.: 47-1-3, communication; 47-1-8,
petitions to initiate rulemaking; 47-1-9, notice of citizen suits, 47-
1-11, permittee preparation and submission of reports; 47-2-21,
definition of employee; 47-2-53, definition of regulatory authority or
state regulatory authority; 47-2-53a,
[[Page 10311]]
definition of regulatory program; 47-2-58, definition of significant,
imminent environmental harm to land, air or water resources; 47-2-64,
definition of state act; 47-2-67, definition of surety bond; 47-2-74,
definition of public road; 47-2-75, definitions; 47-3-1, application
for mining permit; 47-3-2, application for mining permit; 47-3-3a,
application for mining permit--maps; 47-3-42, application for mining
permit; 47-4-14a, administrative hearing procedure; 47-4-15,
administrative hearings--discovery; 47-4-16, interim orders for
temporary relief; 47-4-17, administrative hearings--award of costs and
expenses; 47-5-5a, civil penalties; 47-5-16, final assessment and
payment of civil penalty; 47-6-1, permit review; 47-6-2, permit
revision; 47-6-3, permit renewals; 47-6-4, permit transfers,
assignments, and sales; 47-6-6, permit conditions; 47-6-7, permit
suspension or revocation; 47-6-8, termination of jurisdiction; 47-6-9,
exemption for coal extraction incident to government-financed highway
or other construction; 47-6-10, exemption for coal extraction
incidental to the extraction of other minerals; 47-7-2, coal
exploration; 47-8-9, bonding procedures; 47-8-11, use of forfeited bond
funds; 47-9-1, performance standards; 47-9-2, revegatation; 47-9-4,
interim performance standards; 47-10-1, underground mining; 47-11-8,
small operator assistance program; 47-12-4, lands unsuitable for
surface mining; 47-13-4, training and certification of blasters; 47-13-
5, responsibilities of operators and blasters-in-charge; 47-13-6,
training; 47-14-7, employee financial interests; 47-15-1a, inspection
and enforcement; 47-15-3, lack of information--inability to comply; 47-
15-4, injunctive relief; 47-15-7, state inspections; 47-15-8, citizen's
requests for state inspections; 47-15-15, service of notices of
violations and cessation orders; and 47-15-17, maintenance of permit
areas.
Because Kansas' proposed revisions to these previously approved
regulations are nonsubstantive in nature, the Director finds that the
proposed revisions do not render Kansas' regulations less effective
than the Federal regulations. Any substantive revisions included in the
above regulations are summarized below.
C. State Adoption of Federal Regulations by Reference
1. K.A.R. 47-2-75, Definitions. a. Kansas proposed to revise its
adoption by reference of applicable Federal definitions contained in 30
CFR 700.5, 701.5, 705.5, 773.5, and 846.5 from as they existed on July
1, 1990, to as they existed on July 1, 1995. The Director is approving
this adoption by reference.
b. In its adoption by reference of the Federal definitions at 30
CFR 700.5, Kansas proposed at K.A.R. 47-2-75(a)(6) to apply its own
definition of ``director'' to additional sections of the Federal
regulations that it adopted by reference. At these sections, the term
``director'' means the Director, Office of Surface Mining Reclamation
and Enforcement. The additional sections of the Federal regulations for
which this term is applicable are 30 CFR 705.4(a), 705.11 (c) and (d),
705.13, 705.15, 705.19(a), 705.21, and 785.13. The Director is
approving this amendment because the term ``director'' as used in these
sections does indeed refer to the Director, Office of Surface Mining
Reclamation and Enforcement and will not render the State regulations
less effective than the Federal regulations.
c. At K.A.R. 47-2-75)(e) in its adoption by reference of
definitions at 30 CFR 846.5, Kansas proposed that the reference to
``Section 703 of the act'' at paragraph (e)(6) be replaced by ``K.S.A.
1995 Supp. 75-2973.'' The Director is approving this revision because
the State statute reference is the counterpart to the Federal statute
at section 703 of SMCRA.
2. K.A.R. 47-3-2, Application for Mining Permit. At paragraph (b),
Kansas proposed to revise its adoption by reference of applicable
Federal regulations concerning permit applications at 30 CFR 777.11,
777.13, 777.14, and 777.15 from as they existed on July 1, 1990, to as
they existed on July 1, 1995. The Director is approving this adoption
by reference.
3. K.A.R. 47-3-42, Application for Mining Permit. a. At K.A.R. 47-
3-42(a), Kansas proposed to revise its adoption by reference of
applicable Federal regulations at 30 CFR Parts 773, 778, 779, 780, and
785 concerning applications for mining permits from as they existed on
July 1, 1990, to as they existed on July 1, 1995. In this adoption by
reference, Kansas proposed to add new paragraphs K.A.R. 47-3-42(a)(47),
verification of ownership or control application information; K.A.R.
47-3-42(a)(48), review of ownership or control violation information;
K.A.R. 47-3-42(a)(49), procedures for challenging ownership or control
links shown in AVS; and K.A.R. 47-3-42(a)(50), standards for
challenging ownership or control links and the status of violations.
Kansas also proposed to redesignate old paragraphs K.A.R. 47-3-
42(a)(47) and (a)(48) as new paragraphs K.A.R. 47-3-42(a)(51) and
(a)(52). The Director is approving this adoption by reference, the
addition of the new paragraphs, and the redesignation of the old
paragraphs.
b. In its adoption by reference of 30 CFR 780.4 at K.A.R. 47-3-
42(a)(17), Kansas proposed to replace the phrase ``this part'' with the
Kansas regulations ``K.A.R. 47-3-42(a)(17) to (35), inclusive.'' The
Director is approving the replacement language because it is the State
counterpart to the Federal regulations at 30 CFR Part 780 and will not
render the State regulations less effective than the Federal
regulations.
c. At K.A.R. 47-3-42(a)(43), Kansas proposed to add a clarifying
statement to its adoption by reference of 30 CFR 773.15. The statement
reads as follows:
Only in paragraph 30 CFR 773.15(b) shall the term ``act'' mean
``surface mining control and reclamation act of 1977 (Pub. L. 95-
87)'' and amendments thereto. All other references to the term
``act'' in 30 CFR 773.15 shall be replaced with ``state act.''
The Director is approving the above added statement because it will
not render the State regulations less effective than the Federal
regulations.
d. At K.A.R. 47-3-42(a)(45), Kansas proposed to add a clarifying
statement to its adoption by reference of 30 CFR 773.20. The statement
reads as follows:
except in subsection (c)(2) ``43 CFR 4.1370 through 4.1377, where
OSM is the regulatory authority, or under the State program
equivalent, where a state is the regulatory authority'' shall be
replaced by ``K.A.R. 47-4-14a'';
The Director is approving this added statement because K.A.R. 47-4-
14a contains the State counterpart regulations to 43 CFR 4.1370 through
4.1377 and will not render the State regulations less effective than
the Federal regulations.
e. In its adoption by reference of 30 CFR 773.24 at K.A.R. 47-3-
42(a)(49), Kansas proposed to delete 30 CFR 773.24(a)(2) from its
adoption by reference, replace ``paragraphs (a)(1) or (a)(2)'' in 30
CFR 773.24(b) with ``paragraphs (a)(1) or (a)(3),'' and replace Federal
terms, references, and citations in 30 CFR 773.24 with the appropriate
State terms and citations. Kansas also proposed to provide the State
address where an individual may submit information on a challenge of
the status of a State violation. The Director is approving these
amendments.
f. At K.A.R. 47-3-42(a)(50), Kansas proposed to adopt by reference
30 CFR 773.25 as it existed on July 1, 1995, with exceptions that
replace Federal terms and citations with the appropriate State terms
and citations. In addition, Kansas proposed to replace 30 CFR 773.25(b)
with K.A.R. 47-3-42(a)(50(B) which authorizes the secretary of the
Kansas
[[Page 10312]]
Department of Health and Environment or his designee to make decisions
concerning ownership and control relationships with regards to Kansas
coal mining applications, issued permits, and coal mining violations.
The Director is approving these amendments.
4. K.A.R. 47-5-5a, Civil Penalties. a. At K.A.R. 47-5-5a(a), Kansas
proposed to revise its adoption by reference of applicable Federal
regulations concerning civil penalties at 30 CFR 845.11, 845.12,
845.13, 845.14, 845.15, 845.16, 845.17, 845.18, 845.19, and Part 846
from as they existed on July 1, 1990, to as they existed on July 1,
1995. Kansas also proposed in its adoption by reference to replace
certain Federal terms and citations with the appropriate State terms
and citations at paragraph (b). The Director is approving this adoption
by reference.
b. At K.A.R. 47-5-5a(a)(10) that adopts by reference 30 CFR part
846, Kansas proposed to delete the phrase, ``a Federal lands program,''
and to change the phrase, ``Federal enforcement of a state program
pursuant to section 521 of the act'' to ``enforcement of a state
program pursuant to K.S.A. 49-405 of the state act.'' Kansas also
proposed to adopt by reference 30 CFR 870.15(e)(1) through (e)(5), (f),
and (g) as they relate to 30 CFR 845.18(d) with the exception of the
sentence in paragraph (f) that specifies that ``this penalty is in
addition to the interest described in paragraph (c) of this section.''
The Director previously approved this amendment (See 59 FR 28769, June
3, 1994).
c. At K.A.R. 47-5-5a(b)(13) through (20), Kansas proposed to add
more State terms and citations that will replace specified Federal
terms and citations wherever they appear in the text of the Federal
regulations concerning civil penalties that were adopted by reference
under K.A.R. 47-5-5a. The Director previously approved this amendment
(See 59 FR 28769, June 3, 1994).
d. At K.A.R. 47-5-5a(c)(5), Kansas proposed to revise this
paragraph to read as follows:
In civil penalty proceedings, the department shall have the
burden of going forward to establish a prima facie case as to the
fact of the violation, the amount of the civil penalty, and the
ultimate burden of persuasion as to the amount of the civil penalty.
The person who petitioned for review shall have the ultimate burden
of persuasion as to the fact of the violation.
The Director previously approved this amendment (See 58 FR 32847,
June 14, 1993).
e. Kansas proposed to revise K.A.R. 47-5-5a(c)(7)(C), concerning
the initial order of the presiding officer. This revision would require
the presiding officer to order the department to refund the appropriate
amount to the person who made the payment. The department must remit
the amount within 30 days of receipt of the order from the presiding
officer that finds no violation or that reduces the penalty paid. The
Director previously approved this amendment (See 59 FR 28769, June 3,
1994).
f. Kansas proposed to revise K.A.R. 47-5-5a(c)(7)(D) by requiring
that if the presiding officer increases the amount of the civil penalty
above that of the proposed assessment, the presiding officer is to
order payment of the appropriate amount within 15 days after an order
increasing the civil penalty is mailed. The Director previously
approved this amendment (See 58 FR 32847, June 14, 1993).
5. K.A.R. 47-6-3, Permit Renewals. At paragraph (a) Kansas proposed
to revise its adoption by reference of 30 CFR 774.15 concerning permit
renewals from as it existed on July 1, 1990, to as it existed on July
1, 1995. The Director is approving this amendment.
6. K.A.R. 47-6-4, Permit Transfers, Assignments, and Sales. At
paragraph (b), Kansas proposed to revise its adoption by reference of
30 CFR 774.17 concerning permit transfers, assignments, or sales from
as it existed on July 1, 1990, to as it existed on July 1, 1995. The
Director is approving this amendment.
7. K.A.R. 47-6-6, Permit Conditions. At paragraph (a), Kansas
proposed to revise its adoption by reference of 30 CFR 773.17
concerning permit conditions from as it existed on July 1, 1990, to as
it existed on July 1, 1995. The Director is approving this amendment.
8. K.A.R. 47-6-8, Termination of Jurisdiction. At paragraph (a),
Kansas proposed to revise its adoption by reference of 30 CFR 700.11,
deleting subsections (a)(1) and (b), from as it existed on July 1,
1990, to as it existed on July 1, 1995. The deletion of subsections
(a)(1) and (b) in Kansas' adoption by reference of 30 CFR 700.11 is
previously approved language. The Director is approving this amendment.
9. K.A.R. 47-6-9, Exemption for Coal Extraction Incident to
Government-Financed Highway or Other Construction. At paragraph (a),
Kansas proposed to revise its adoption by reference of 30 CFR 707.4,
707.5, 707.11, and 707.12 from as they existed on July 1, 1990, to as
they existed on July 1, 1995. The Director is approving this amendment.
10. K.A.R. 47-6-10, Exemption for Coal Extraction Incidental to the
Extraction of Other Minerals. At paragraph (a), Kansas proposed to
revise its adoption by reference of 30 CFR 702.1, 702.5, 702.10,
702.11, 702.12, 702.13, 702.14, 702.15, 702.16, 702.17, and 702.18 from
as they existed on July 1, 1990, to as they existed on July 1, 1995.
The Director is approving this amendment.
11. K.A.R. 47-7-2, Coal Exploration. At paragraph (a), Kansas
proposed to revise its adoption by reference of 30 CFR 772.11, 772.12,
772.13, 772.14, and 772.15 from as they existed on July 1, 1990, to as
they existed on July 1, 1995. The Director is approving this amendment.
12. K.A.R. 47-8-9, Bonding Procedures. At paragraph (a), Kansas
proposed to revise its adoption by reference of 30 CFR 800.4 [deleting
subsection (d)], 800.5 [deleting subsection (c)], 800.11 [deleting
subsection (e)], 800.12 [deleting subsection (c)], 800.13, 800.14,
800.15, 800.16, 800.17, 800.20, 800.21, 800.30, 800.40, 800.50, and
800.60 [deleting subsection (d)] from as they existed on July 1, 1990,
to as they existed on July 1, 1995. The Director is approving this
amendment.
13. K.A.R. 47-9-1, Performance Standards. a. At K.A.R. 47-9-1(a),
Kansas proposed to revise its adoption by reference of 30 CFR 810.2,
810.4 [deleting subsection (a)], and 810.11 from as they existed on
July 1, 1990, to as they existed on July 1, 1995. The Director is
approving this adoption by reference. At paragraph (a)(3), Kansas
proposed to add an exception to the adoption of 30 CFR 810.11 which
would replace ``parts 815 through 828'' with the State counterpart in
K.A.R. 47-9-1. The Director previously approved this amendment (See 59
FR 28769, June 3, 1994). Kansas also proposed to add paragraph (a)(5)
which would replace the phrases ``every state program'' and ``the
applicable regulatory program'' with ``the regulatory program.'' The
Director previously approved this amendment (See 58 FR 32847, June 14,
1993).
b. At K.A.R. 47-9-1(b), Kansas proposed to revise its adoption by
reference at 30 CFR 815.13 and 815.15 from as they existed on July 1,
1990, to as they existed on July 1, 1995. The Director is approving
this amendment.
c. At K.A.R. 47-9-1(c), Kansas proposed to revise its adoption by
reference of 30 CFR Part 816 (excluding 30 CFR 816.10, 816.72, 816.73,
and 816.107) from as it existed on July 1, 1990, to as it existed on
July 1, 1995.
[[Page 10313]]
The Director is approving this adoption by reference.
i. At K.A.R. 47-9-1(c)(35), Kansas proposed to replace 30 CFR
816.101, backfilling and grading: time and distance requirements, in
its adoption by reference of portions of 30 CFR part 816, with the
following language:
(a) Except as provided in paragraph (b) of this section, rough
backfilling and grading for surface mining activities shall be
completed according to one of the following schedules:
(1) Contour mining. Within 60 days or 1,500 linear feet
following coal removal;
(2) Area mining. Within 180 days following coal removal, and not
more than four spoil ridges behind the active pit being worked, the
spoil from the active pit constituting the first ridge; or
(3) Other surfacing mining methods. In accordance with the
schedule established by the department.
(b) The department may extend the time allowed for rough
backfilling and grading for the entire permit area or for a specific
portion of the permit area if the permittee demonstrates in
accordance with K.A.R. 47-3-42(a)(24), adopting by reference 30 CFR
780.18(b)(3) that additional time is necessary;
OSM's time and distance requirements at 30 CFR 816.101 were
suspended indefinitely effective on August 31, 1992 (See 57 FR 33874,
July 31, 1992). Therefore, States may adopt backfilling and grading
time and distance standards which result in contemporaneous mining and
reclamation as required by 30 CFR 816.100. The Director finds that
Kansas' proposed provisions at K.A.R. 47-9-1(c)(35) are no less
effective than the Federal requirements for contemporaneous reclamation
at 30 CFR 816.100 and is approving this amendment.
ii. Kansas proposed to revise K.A.R. 47-9-1(c)(36), backfilling and
grading: general requirements, by deleting subsections (k)(3) (i) and
(ii) in its adoption by reference of 30 CFR 816.102. Kansas also
proposed to delete the following statement:
The first paragraph of subsection (a) of 30 CFR 816.102 shall be
replaced by the following: Absent an approved schedule, backfilling
and grading will be completed within 180 days following coal removal
and shall not be more than four spoil ridges behind the pit being
worked, the spoil from the active pit being considered the first
ridge. Disturbed areas shall be backfilled and graded to comply with
the following:
In addition, Kansas proposed to renumber existing paragraphs
(c)(36) through (c)(50) as paragraphs (c)(37) through (c)(51),
respectively. The Director previously approved these amendments (See 59
FR 28769, June 3, 1994).
iii. At redesignated K.A.R. 47-9-1(c)(43), revegetation: standards
for success, Kansas proposed to delete previously approved language in
paragraph (c)(2) that was added to its adoption by reference of 30 CFR
816.116 and editorial note ``3.'' The Director previously approved this
amendment (See 59 FR 28769, June 3, 1994).
iv. Kansas proposed to add requirements at K.A.R. 47-9-1(c)(43) in
its adoption by reference of 30 CFR 816.116(a) and (c)(4). At 30 CFR
816.116(a), Kansas proposed to add paragraph (a)(3) regarding the
submission of data being used for bond release. At 30 CFR
816.116(c)(4), Kansas proposed to add paragraph (i) concerning normal
husbandry practices used to repair gullies. The Director previously
approved these amendments (See 59 FR 28769, June 3, 1994). However, in
the previous approval, paragraph (a)(3) was formerly paragraph
(a)(2)(i).
v. At K.A.R. 47-9-1(c)(46) in its adoption by reference of 30 CFR
816.133, postmining land use, Kansas proposed to delete subsection (d).
The Director previously approved this amendment (See 59 FR 28769, June
3, 1994).
d. At K.A.R. 47-9-1(d)(3), Kansas proposed to add a paragraph that
30 CFR 816.107, backfilling and grading: steep slopes, was deleted from
its adoption by reference of 30 CFR Part 816. The Director is approving
this added language because Kansas does not have steep slope mining.
e. At K.A.R. 47-9-1(e), Kansas proposed to revise its adoption by
reference at 30 CFR Part 817 from as it existed on July 1, 1990, to as
it existed on July 1, 1995. The Director is approving this adoption by
reference.
i. In its adoption by reference of 30 CFR 817.61 at K.A.R. 47-9-
1(e)(17), Kansas proposed to delete everything from 30 CFR 817.61(c)(1)
except the statement, ``all blasting operations shall be conducted
under the direction of a certified blaster.'' The Director previously
approved this deletion (See 59 FR 28769, June 3, 1994).
ii. Kansas proposed to add an additional requirement at K.A.R. 47-
9-1(e)(39) in its adoption by reference of 30 CFR 817.116(a). At K.A.R.
47-9-1(e)(39), Kansas proposed to add new subparagraph (a)(3),
regarding the submission of data being used for bond release, at the
end of the adopted Federal regulations at 30 CFR 817.116(a). While the
Federal regulations do not provide similar detailed requirements
regarding submission of data used for bond release, in accordance with
section 505(b) of SMCRA and 30 CFR 730.11(b), the State regulatory
authority has the discretion to impose land use and environmental
controls and regulations on surface coal mining and reclamation
operations that are no less stringent than those imposed under SMCRA
and the Federal regulations. Moreover, the State regulatory authority
has the discretion to impose land use and environmental controls and
regulations on surface coal mining operations for which no Federal
counterpart exists. Section 505(b) of SMCRA and 30 CFR 730.11 dictate
that such State provisions shall not be construed to be inconsistent
with the Federal program. Therefore, the Director is approving this
proposed revision at K.A.R. 47-9-1(e)(39).
iii. In its adoption by reference of 30 CFR 817.133, postmining
land use, at K.A.R. 49-9-1(e)(44), Kansas proposed to delete subsection
(d). The Director previously approved this amendment (See 59 FR 28769,
June 3, 1994).
f. At K.A.R. 47-9-1(f), Kansas proposed to revise its adoption by
reference of 30 CFR Part 819, excluding 30 CFR 819.1, from as it
existed on July 1, 1990, to as it existed on July 1, 1995. The Director
is approving this adoption by reference.
g. At K.A.R. 47-9-1(g), Kansas proposed to revise its adoption by
reference of 30 CFR 823.4, 823.11 [deleting subsection (a)], 823.12,
823.14, and 823.15 from as they existed on July 1, 1990, to as they
existed on July 1, 1995. The Director is approving this adoption by
reference with the deletion of 30 CFR 823.11(a). The deleted Federal
regulation excludes coal preparation plants, support facilities, and
roads of underground mines that are actively used over extended periods
of time and where such uses affect a minimal amount of land from being
subject to prime farmland performance standards. Because Kansas did not
incorporate the adoption by reference of 30 CFR 823.11(a) into its
regulation, the above underground facilities are now subject to Kansas'
prime farmland performance standards.
h. At K.A.R. 47-9-1(h), Kansas proposed to revise its adoption by
reference of 30 CFR 827.11, 827.12, and 827.13 from as they existed on
July 1, 1990, to as they existed on July 1, 1995. The Director is
approving this adoption by reference.
i. At K.A.R. 47-9-1(i), Kansas proposed to revise its adoption by
reference of 30 CFR 828.11 and 828.12 from as they existed on July 1,
1990, to as they existed on July 1, 1995. The Director is approving
this adoption by reference.
j. At K.A.R. 47-9-1(j), Kansas proposed to revise its list of terms
that replace terms in the Federal regulations
[[Page 10314]]
adopted by reference under K.A.R. 47-9-1. At paragraph (j)(8), any
reference to ``Part 816'' is replaced by ``K.A.R. 47-9-1(c).'' At
paragraph (j)(9), any reference to ``Part 817'' is replaced by ''K.A.R.
47-9-1(e).'' The Director is approving this revision because the
replacement terms are the State counterpart regulations to the replaced
Federal regulations.
14. K.A.R. 47-9-4, Interim Performance Standards. At paragraph (a),
Kansas proposed to revise its adoption by reference of applicable
Federal regulations at 30 CFR Parts 710, 715, and 716 from as they
existed on July 1, 1990, to as they existed on July 1, 1995. The
Director is approving this amendment.
15. K.A.R. 47-10-1, Underground Mining. At paragraph (a), Kansas
proposed to revise its adoption by reference of applicable Federal
regulations at 30 CFR parts 783 and 784 from as they existed on July 1,
1990, to as they existed on July 1, 1995. The Director is approving
this amendment. Kansas further proposed to list the actual Federal
regulation sections adopted rather than listing the sections that it
chose not to include in its adoption by reference of 30 CFR parts 783
and 784. The Director previously approved this amendment (See 59 FR
28769, June 3, 1994).
16. K.A.R. 47-11-8, Small Operator Assistance Program. At paragraph
(a), Kansas proposed to revise its adoption by reference of applicable
Federal regulations at 30 CFR part 795 from as they existed on July 1,
1990, to as they existed on July 1, 1995. The Director is approving
this amendment.
17. K.A.R. 47-12-4, Lands Unsuitable for Surface Mining.
a. At paragraph (a), Kansas proposed to revise its adoption by
reference of applicable Federal regulations at 30 CFR parts 761, 762,
and 764 from as they existed on July 1, 1990, to as they existed on
July 1, 1995. The Director is approving this amendment.
b. Kansas proposed to revise paragraph (a)(6), which adopts 30 CFR
762.12 by reference, by specifying that the term ``secretary'' shall
mean the ``secretary of the United States Department of the Interior.''
The Director previously approved this amendment (See 59 FR 28769, June
3, 1994).
18. K.A.R. 47-13-4, Training and Certification of Blasters. a. At
paragraph (a), Kansas proposed to revise its adoption by reference of
applicable Federal regulations at 30 CFR part 850 from as they existed
on July 1, 1990, to as they existed on July 1, 1995. The Director is
approving this amendment.
b. Kansas proposed to remove existing paragraphs (b)(2) and (b)(3)
and to redesignate existing paragraphs (b)(4) and (b)(5) as paragraphs
(b)(2) and (b)(3), respectively. The Director previously approved this
amendment (See 59 FR 28769, June 3, 1994). Kansas also proposed to
redesignate paragraph (b)(6) as paragraph (c). The Director is
approving this amendment.
19. K.A.R. 47-14-7, Employee Financial Interests. At paragraph (a),
Kansas proposed to revise its adoption by reference of applicable
Federal regulations at 30 CFR Part 705 from as they existed on July 1,
1990, to as they existed on July 1, 1995. The Director is approving
this amendment.
20. K.A.R. 47-15-1a, Inspection and Enforcement. a. At paragraph
(a), Kansas proposed to revise its adoption by reference of applicable
Federal regulations at 30 CFR Parts 840, 842, and 843 from as they
existed on July 1, 1990, to as they existed on July 1, 1995. The
Director is approving this amendment.
b. At paragraph (b), Kansas proposed to revise its list of terms
that replaces terms in the Federal regulations adopted by reference
under K.A.R. 47-15-1a by adding paragraphs (b)(20) and (b)(21).
Paragraph (b)(20) specifies that the term ``Director'' shall be
replaced by ``secretary.'' Paragraph (b)(21) specifies that the
reference to ``30 CFR 843.15(e)'' shall be replaced by ``An informal
public hearing shall be conducted in accordance with K.A.R. 47-4-14a.''
The Director previously approved these amendments (See 59 FR 28769,
June 3, 1994).
D. Revisions to Kansas' Regulations That Are Substantively the Same as
the Corresponding Provisions of the Federal Regulations
1. K.A.R. 47-4-14a(c), Administrative Hearing Procedures--Rules of
Procedure. a. At paragraph (c)(1), Kansas proposed to require that
hearing locations be designated by the presiding officer, giving
consideration to the convenience of the parties, their representatives
and witnesses, except as otherwise provided by the state act. The
Director previously approved this amendment (See 58 FR 32847, June 14,
1993).
b. At paragraphs (c)(7) and (c)(7)(B), Kansas proposed that persons
``may'' petition for leave to intervene in a proceeding as opposed to
persons ``shall'' petition for leave to intervene in a proceeding.
Kansas also proposed that the presiding officer make a decision to
grant intervention based on factors listed at K.A.R. 47-4-
14a(c)(7)(B)(i)-(iv) if subsections (7)(A)(i) or (7)(A)(ii) are not
applicable. The Director previously approved these amendments (See 59
FR 28769, June 3, 1994).
c. Kansas proposed to revise paragraph (c)(8) to read as follows:
Voluntary dismissal. Any party who initiated a proceeding may
withdraw it by moving to dismiss. The presiding officer grant such
motion.
The Director previously approved this amendment (See 58 FR 32847,
June 14, 1993).
d. At paragraph (c)(11), Kansas proposed to provide that any person
that fails to file a responsive pleading by the required time ``may''
be deemed to have waived his right to a hearing. Kansas also proposed
to add that unless all parties who are entitled to a hearing waive such
rights or are deemed to have waived such rights, a hearing shall be
held. The Director previously approved these amendments (See 59 FR
28769, June 3, 1994).
E. Revisions to Kansas' Regulations That Are Not Substantively
Identical to the Corresponding Provisions of the Federal Regulations
1. K.A.R. 47-4-14a, Administrative Hearing Procedures. a. At K.A.R.
47-4-14a(c)(2), Kansas proposed to change the information regarding
where to file administrative hearing documents. All documents are to be
filed with the administrative appeals section of the Kansas Department
of Health and Environment, Suite 400D, 109 SW 9th, Topeka, Kansas
66612-1215. The Director is approving this change because it only
updates the information as to where to file administrative hearing
documents and will not render the Kansas program less effective than
the Federal regulations.
b. At K.A.R. 47-4-14a(c)(4), Kansas proposed to change the
recipient of the notices of appeals or petitions for reviews from the
``office of legal services'' to the ``administrative appeals section.''
The Director is approving this change because it only updates the
information concerning who the recipient of these documents is and will
not render the Kansas program less effective than the Federal
regulations.
c. At K.A.R. 47-4-14a(d)(2)(C), Kansas proposed to change the word
``shall'' to the word ``may,'' regarding the right of any party to
petition for the disqualification of a presiding officer. The Director
previously approved this wording change (See 58 FR 32847, June 14,
1993).
d. At K.A.R. 47-4-14a(d)(2)(D), Kansas proposed to add a new
provision concerning disqualification of a presiding officer that reads
as follows:
[[Page 10315]]
In the event that the presiding officer fails to grant a
petition for disqualification, the petitioning party may file an
affidavit of personal bias or disqualification with substantiating
facts, and the matter of disqualification shall be determined by the
secretary.
The Director previously approved this amendment (See 59 FR 28769,
June 3, 1994).
e. At K.A.R. 47-4-14a(d)(3), Kansas proposed to revise this
paragraph to state that the presiding officer designated to conduct the
hearing ``may'' conduct a prehearing conference. The Director
previously approved this wording change (See 58 FR 32847, June 14,
1993).
f. At K.A.R. 47-4-14a(d)(3)(A), Kansas proposed to correct the
incorrect reference citation. The Director previously approved this
correction (See 58 FR 32847, June 14, 1993).
2. K.A.R. 47-6-2, Permit Revision. At paragraph (c), Kansas
proposed to add a provision that applications for permit revisions only
need to be accompanied by a map ``when it is required.'' The Director
is approving this provision because it is not inconsistent with the
Federal regulations and will not render the Kansas regulations less
effective than the Federal regulations.
3. K.A.R. 47-6-7, Permit Suspension or Revocation. a. At paragraph
(e), Kansas proposed that the procedure set forth in K.A.R. 47-4-14a(d)
shall be followed regarding a proceeding to suspend or revoke a permit
``except as provided for in this regulation.'' At paragraph (h)(2),
Kansas proposed that the procedure set forth in K.A.R. 47-4-14a(d)(14)
is to be followed regarding appeals pertaining to suspended or revoked
permits ``except as provided for in this regulation.'' The Director is
approving these amendments because they will not render the State
regulations less effective than the Federal regulations.
b. Kansas proposed to revise paragraph (h)(1) by requiring a party
to file a notice of appeal of an initial order in a suspension or
revocation proceeding with the secretary within 15 days after receipt
of the order. This revision is no less effective than the Federal
regulation at 43 CFR 4.1377 which allows a party to petition for
discretionary review of initial decisions.
4. K.A.R. 47-5-5a, Civil Penalties. At paragraph (b)(17), Kansas
proposed to update the address where individuals file a petition for
review of a proposed individual civil penalty assessment. The new
address is ``Administrative Appeals Coordinator, Administrative Appeals
Section, Office of the Secretary, Kansas Department of Health and
Environment, Mills Building, Suite 400D, 109 SW 9th Street, Topeka,
Kansas 66612-1215.'' The Director is approving this amendment.
F. Revisions to Kansas' Regulations With No Corresponding Federal
Regulations
1. K.A.R. 47-4-14a, Administrative Hearing Procedure. a. At
paragraph (d) regarding formal hearings, Kansas proposed to remove the
phrase ``except as otherwise provided by subsections (e), (f), and
(g).'' The Director previously approved this amendment (See 58 FR
32847, June 14, 1993).
b. Kansas proposed to revise paragraph (d)(6)(E)(iii) and to add
paragraph (d)(6)(E)(iv). At paragraph (d)(6)(E)(iii), Kansas proposed
that notice of administrative hearings under this subsection may
include all types of information provided in sections (d)(6)(A) through
(D) or may consist of a brief statement indicating the subject matter,
parties, time, place where the hearing will be held, locations where
the general public may meet for hearings which are conducted
electronically, nature of the hearing, manner in which copies of the
notice to the parties may be inspected and copied, and the name and
telephone number of the presiding officer. At paragraph (d)(6)(E)(iv),
Kansas proposed a provision that requires notice of a formal hearing to
be posted at the surface mining section office and, where practicable,
be published in a newspaper of general circulation in the area of the
mine at least seven days prior to the hearing. The Director previously
approved these amendments (See 59 FR 28769, June 3, 1994).
c. At K.A.R. 47-4-14a(d)(15), Kansas proposed to allow the
presiding officer or secretary or secretary's designee to take action
on a petition for stay either before or after the effective date of an
initial or final order. The Director previously approved this amendment
(See 58 FR 32847, June 14, 1993).
2. K.A.R. 47-4-15, Administrative Hearings; Discovery.
Kansas proposed to add an introductory statement regarding
discovery in administrative hearings: ``Discovery shall be permitted to
the extent allowed by the presiding officer or as agreed to by the
parties.'' The Director previously approved this amendment (See 58 FR
32847, June 14, 1993).
Kansas Abandoned Mine Land Reclamation Plan
A. Regulations With Editorial Changes
Kansas proposed minor wording changes, paragraph notation changes,
citation corrections and other editorial changes in the following
sections of the K.A.R.: 47-16-1, eligible lands and water; 47-16-2,
reclamation project evaluation; 47-16-3, consent to entry; 47-16-4,
entry for study or exploration; 47-16-5, entry for consent to reclaim;
47-16-6, liens; 47-16-7, appraisals; and 47-16-8, satisfaction of
liens.
Because Kansas' proposed revisions to these previously approved
regulations are nonsubstantive in nature, the Director finds that the
proposed revisions do not render Kansas' regulations less effective
than the Federal regulations. Substantive revisions included in these
regulations are summarized below.
B. Revisions to Kansas' Regulations That Are Substantively Identical to
the Corresponding Provisions of the Federal Regulations
The proposed State regulations listed in the table contain language
that is the same as or similar to the corresponding sections of the
Federal regulations. Differences between the proposed State regulations
and the Federal regulations are nonsubstantive.
----------------------------------------------------------------------------------------------------------------
Topic State regulation Federal counterpart regulation
----------------------------------------------------------------------------------------------------------------
General Reclamation K.A.R. 47-16-9..................... 30 CFR 874.16.
Requirements-Contractor
Responsibility.
Noncoal Reclamation-Exclusion K.A.R. 47-16-10.................... 30 CFR 875.16 and 875.20.
of Certain Noncoal Reclamation
Sites.
----------------------------------------------------------------------------------------------------------------
[[Page 10316]]
Because the above proposed revisions are identical in meaning to
the corresponding Federal regulations, the Director finds that Kansas'
proposed regulations are no less effective than the Federal regulations
and is approving them.
C. Revisions to Kansas' Regulations That Are Not Substantively
Identical to the Corresponding Federal Regulations
1. K.A.R. 47-16-5, Entry and Consent to Reclaim. Kansas proposed to
revise paragraph (b)(1) to read as follows:
(1) Before entry a written finding shall be made by the
Secretary with reasons supporting the following conclusions: (A) An
emergency exists constituting a danger to the public health, safety,
or general welfare; and (B) no other person or agency will act
expeditiously to restore, reclaim, abate, control, or prevent the
adverse effects of coal mining practices.
The Director is approving this amendment because Kansas proposed to
replace at K.A.R. 47-16-5(b)(1) the reference to section 410 of SMCRA
that defines when an emergency exists with the actual language of
section 410 of SMCRA that defines when an emergency exists.
2. K.A.R. 47-16-11, Reports. Kansas proposed a new section which
specifies that for each grant, cooperative agreement or both, Kansas
shall semiannually or annually (whichever the case may be) submit to
OSM any reporting as required by OSM. The Director is approving this
amendment because it is no less effective than the Federal regulations
at 30 CFR 886.23 and the requirements of the Federal Assistance Manual.
IV. Summary and Disposition of Comments
Public Comments
OSM solicited public comments on the proposed amendment, but none
were received.
Federal Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited
comments on the proposed amendment from various Federal agencies with
an actual or potential interest in the Kansas program (Administrative
Record No. KS-615.1). OSM received one comment from the U.S. Fish and
Wildlife Service stating that it had no comments to offer on the
proposed state regulations (Administrative Record No. KS-615.2).
Environmental Protection Agency (EPA)
Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the
written concurrence of the EPA with respect to those provisions of the
proposed program 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.).
None of the revisions that Kansas proposed to make in this amendment
pertain to air or water quality standards. Therefore, OSM did not
request the EPA's concurrence.
Pursuant to 732.17(h)(11)(i), OSM solicited comments on the
proposed amendment from the EPA (Administrative Record No. KS-615.1).
The EPA did not respond to OSM's request.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Pursuant to 30 CFR 732.17(h)(4), OSM is required to solicit
comments on proposed amendments which may have an effect on historic
properties from the SHPO and ACHP. OSM solicited comments on the
proposed amendment from the SHPO and ACHP (Administrative Record No.
KS-615.1). Neither the SHPO nor ACHP responded to OSM's request.
V. Director's Decision
Based on the above findings, the Director approves the proposed
amendment as submitted by Kansas on May 7, 1997, and as revised on
November 14 and December 31, 1997.
The Director approves the regulations as proposed by Kansas with
the provision that they be fully promulgated in identical form to the
regulations submitted to and reviewed by OSM and the public.
The Federal regulations at 30 CFR part 916, codifying decisions
concerning the Kansas 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
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).
Executive Order 12988
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 (Civil Justice Reform) and has
determined that, to the extent allowed by law, this rule meets the
applicable standards of subsections (a) and (b) of that section.
However, these standards are not applicable to the actual language of
State regulatory programs and program amendments since each 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 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.
National Environmental Policy Act
No environmental impact statement is required for this rule since
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 has determined that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The State submittal which is the subject of this rule is based upon
corresponding Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. 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 corresponding Federal regulations.
Unfunded Mandates
OSM has determined and certifies pursuant to the Unfunded Mandates
Reform Act (2 U.S.C. 1502 et. seq.) that this rule will not impose a
cost of $100 million or more in any given year on
[[Page 10317]]
local, state, or tribal governments or private entities.
List of Subjects in 30 CFR Part 916
Intergovernmental relations, Surface mining, Underground mining.
Dated: February 23, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
For the reasons set out in the preamble, 30 CFR Part 916 is amended
as set forth below:
PART 916--KANSAS
1. The authority citation for part 916 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 916.15 is amended in the table by adding a new entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 916.15 Approval of Kansas regulatory program amendments.
* * * * *
----------------------------------------------------------------------------------------------------------------
Original amendment submission date Date of final publication Citation/description
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
May 7, 1997........................ March 3, 1998.............. K.A.R. 47-1-1, 3, 4, 8, 9, 10, 11; 47-2-14,
21, 53, 53a, 58, 64, 67, 74, 75; 47-3-1, 2,
3a, 42; 47-4-14a, 47-4-15; 47-4-16; 47-4-17;
47-5-5a; 47-5-16; 47-6-1, 2, 3, 4, 6, 7, 8,
9, 10; 47-7-2; 47-8-9, 11; 47-9-1, 2, 4; 47-
10-1; 47-11-8; 47-12-4; 47-13-4, 5, 6; 47-14-
7; 47-15-1a; 47-15-3, 4, 7, 8, 15, 17.
----------------------------------------------------------------------------------------------------------------
3. Section 916.25 is amended in the table by adding a new entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 916.25 Approval of Kansas abandoned mine land reclamation plan
amendments.
* * * * *
----------------------------------------------------------------------------------------------------------------
Original amendment submission
date Date of final publication Citation/description
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
May 7, 1997...................... March 3, 1998............ K.A.R. 47-16-1 through 47-16-11.
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[FR Doc. 98-5392 Filed 3-2-98; 8:45 am]
BILLING CODE 4310-05-M
