[Federal Register Volume 59, Number 250 (Friday, December 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32176]
[[Page Unknown]]
[Federal Register: December 30, 1994]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 936
[OK-014-FOR]
Oklahoma Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; reopening and extension of public comment period
on proposed amendment.
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SUMMARY: OSM is announcing receipt of revisions and additional
explanatory information pertaining to a previously proposed amendment
to the Oklahoma regulatory program (hereinafter, the ``Oklahoma
program'') under the Surface Mining Control and Reclamation Act of 1977
(SMCRA). The revisions and additional explanatory information for
Oklahoma's proposed rules pertain to the Small Operator Assistance
Program. The amendment is intended to revise the Oklahoma program to be
consistent with SMCRA and the corresponding Federal regulations.
DATES: Written comments must be received by 4:00 p.m., c.s.t. January
17, 1995.
ADDRESSES: Written comments should be mailed or hand delivered to James
H. Moncrief at the address listed below.
Copies of the Oklahoma program, the proposed amendment, and all
written comments received in response to this document will be
available for public review at the addresses listed below during normal
business hours, Monday through Friday, excluding holidays. Each
requester may receive one free copy of the proposed amendment by
contacting OSM's Tulsa Field Office.
James H. Moncrief, Director, Tulsa Field Office, Office of Surface
Mining Reclamation and Enforcement, 5100 E. Skelly Drive, Suite 550,
Tulsa, Oklahoma 74135.
Oklahoma Department of Mines, 4040 N. Lincoln Blvd., Suite 107,
Oklahoma City, Oklahoma 73105, Telephone: (405) 521-3859.
FOR FURTHER INFORMATION CONTACT:
James H. Moncrief, Telephone: (918) 581-6430.
SUPPLEMENTARY INFORMATION:
I. Background on the Oklahoma Program
On January 19, 1981, the Secretary of the Interior conditionally
approved the Oklahoma program. General background information on the
Oklahoma program, including the Secretary's findings, the disposition
of comments, and the conditions of approval of the Oklahoma program can
be found in the January 19, 1981, Federal Register (46 FR 4902).
Subsequent actions concerning Oklahoma's program and program amendments
can be found at 30 CFR 936.15, 936.16, and 936.30.
II. Proposed Amendment
By letter dated September 14, 1994, Oklahoma submitted a proposed
amendment to its program pursuant to SMCRA (administrative record No.
OK-964). Oklahoma submitted the proposed amendment at its own
initiative with the intention of revising the Oklahoma program to be
consistent with the corresponding Federal regulations.
Oklahoma proposed to revise the Oklahoma Coal Rules and Regulations
at Oklahoma Administrative Code (OAC) 460:20-35-3, eligibility for
assistance; OAC 460:20-35-6, program services and data requirements;
and OAC 460:20-35-7, applicant liability.
OSM announced receipt of the proposed amendment in the September
27, 1994 Federal Register (59 FR 49225), provided an opportunity for a
public hearing or meeting on its substantive adequacy, and invited
public comment on its adequacy (administrative record No. OK-964.03).
Because no one requested a public hearing or meeting, none was held.
The public comment period ended on October 27, 1994.
During its review of the amendment, OSM identified concerns
relating to the provisions of Oklahoma's rules at OAC 460:20-35-
3(a)(2), percentage of ownership and control of the SOAP applicant; OAC
460:20-35-6 (a) and (b), extension of SOAP funding to other program
services and requirements for collection of specific kinds of data; and
OAC 460:20-35-7, liability periods. OSM notified Oklahoma of the
concerns by letter dated November 22, 1994 (administrative record No.
OK-964.09). Oklahoma responded in a letter dated December 20, 1994, by
submitting a revised amendment and additional explanatory information
(administrative record No. OK-964.11).
Oklahoma proposes to revise OAC 460:20-35-1, definitions, by adding
the requirement that the qualified laboratory prepare the other
services specified at OAC 460:20-35-6; OAC 460:20-35-3(a)(2),
eligibility for assistance, by requiring that attributable production
includes, among other things, production from operations in which the
applicant owns more than a 10 percent interest and other operations of
persons who own more than 10 percent of the applicant's operation; OAC
460:20-35-6, program services and data requirements, by adding the
requirement that the program administrator select and pay a qualified
laboratory to, in addition to performing specific services, provide
other services for eligible operators who request assistance, and by
adding references to require the collection of specific data and
results provided; and OAC 460:20-35-7, applicant liability, by
requiring reimbursement for the cost of SOAP services (1) If the
applicant's production exceeds the allowable tonnage amount during the
12-month period immediately following the issuance of the permit for
which assistance is provided, or, (2) if the permit is sold,
transferred, or assigned, the transferee's production exceeds the
allowable tonnage amount during the 12-month period immediately
following the issuance of the permit.
III. Public Comment Procedures
OSM is reopening the comment period on the proposed Oklahoma
program amendment to provide the public an opportunity to reconsider
the adequacy of the proposed amendment in light of the additional
materials submitted. In accordance with the provisions of 30 CFR
732.17(h), OSM is seeking comments on whether the proposed amendment
satisfies the applicable program approval criteria of 30 CFR 732.15. If
the amendment is deemed adequate, it will become part of the Oklahoma
program.
Written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of the
commenter's recommendations. Comments received after the time indicated
under DATES or at locations other than the Tulsa Field Office will not
necessarily be considered in the final rulemaking or included in the
administrative record.
IV. Procedural Determinations
1. Executive Order 12866
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
2. Executive Order 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (Civil Justice Reform) and has
determined that this rule meets the applicable standards of subsections
(a) and (b) of that section. However, these standards are not
applicable to the actual language of State regulatory programs and
program amendments since each such program is drafted and promulgated
by a specific State, not by OSM. Under sections 503 and 505 of SMCRA
(30 U.S.C. 1253 and 12550) and the Federal regulations at 30 CFR
730.11, 732.15, and 732.17(h)(10), decisions on proposed State
regulatory programs and program amendments submitted by the States must
be based solely on a determination of whether the submittal is
consistent with SMCRA and its implementing Federal regulations and
whether the other requirements of 30 CFR Parts 730, 731, and 732 have
been met.
3. National Environmental Policy Act
No environmental impact statement is required for this rule since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on proposed State regulatory program provisions do not
constitute major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)).
4. Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
5. Regulatory Flexibility Act
The Department of the Interior has determined that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The State submittal that is the subject of this rule is based upon
counterpart Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. Accordingly, this rule will ensure that existing requirements
previously promulgated by OSM will be implemented by the State. In
making the determination as to whether this rule would have a
significant economic impact, the Department relied upon the data and
assumption for the counterpart Federal regulations.
V. List of Subjects in 30 CFR Part 936
Intergovernmental relations, Surface mining, Underground mining.
Dated: December 23, 1994.
Charles E. Sandberg,
Acting Assistant Director, Western Support Center.
[FR Doc. 94-32176 Filed 12-29-94; 8:45 am]
BILLING CODE 4310-05-M
