[Federal Register Volume 59, Number 61 (Wednesday, March 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7507]
[[Page Unknown]]
[Federal Register: March 30, 1994]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 916
Kansas Permanent 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.
-----------------------------------------------------------------------
SUMMARY: OSM is reopening the public comment period and announcing the
receipt of revisions to a previously submitted amendment to the Kansas
permanent regulatory program (hereinafter, the ``Kansas program'')
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA).
The revised amendment proposes further changes to provisions of the
Kansas regulations pertaining to administrative hearing procedures,
permit revisions, and revegetation success for underground mining. The
amendment is intended to revise the State program to be consistent with
the corresponding Federal standards, clarify ambiguities, and improve
operational efficiency.
This document sets forth the times and locations that the Kansas
program and proposed amendment to that program are available for public
inspection, the comment period during which interested persons may
submit written comments on the proposed amendment.
DATES: Written comments must be received by 4 p.m., c.s.t., April 14,
1994.
ADDRESSES: Written comments should be mailed or hand delivered to Jerry
R. Ennis at the address listed below.
Copies of the Kansas program the proposed amendment, and all
written comments received in response to this notice 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 amendments by contacting OSM's
Kansas City Field Office:
Jerry R. Ennis, Director, Kansas City Field Office, Office of Surface
Mining Reclamation and Enforcement, 934 Wyandotte, room 500, Kansas
City, MO 64105, Telephone: (816) 374-6405.
Kansas Department of Health and Environment, Bureau of Environmental
Remediation, Surface Mining Section, 1501 S. Joplin, P.O. Box 1418,
Pittsburg, KS 66762, lephone: (316) 231-8615.
FOR FURTHER INFORMATION CONTACT: Jerry R. Ennis, telephone: (816) 374-
6405.
SUPPLEMENTARY INFORMATION:
I. Background on the Kansas Program
On January 21, 1981, the Secretary of Interior conditionally
approved the Kansas program. General background information on the
Kansas program, including the Secretary's findings, the disposition of
comments, and the conditions of approval of the Kansas program can be
found in the January 21, 1981, Federal Register (46 FR 5892).
Subsequent actions concerning Kansas' program and program amendment can
be found at 30 CFR 916.12, 916.15, and 916.16.
II. Discussion of Proposed Amendment
By letter dated September 14, 1993, (Administrative Record No. KS-
567) Kansas submitted a proposed amendment to its program pursuant to
SMCRA. Kansas submitted the proposed amendment with the intent of
satisfying the required program amendments at 30 CFR 916.16 (a), (b),
and (c) and at the States own initiative to improve its program.
OSM announced receipt of the proposed amendment in the September
27, 1993, Federal Register (58 FR 50302) and, in the same notice,
opened the public comment period and provided opportunity for a public
hearing on the adequacy of the proposed amendment. The public comment
period ended on October 27, 1993. The public hearing scheduled for
October 22, 1993, was not held because no one requested an opportunity
to testify.
By letter dated January 26, 1994 (Administrative Record No. KS-
540), OSM provided Kansas with its concerns about the September 14,
1993, amendment submission. In response to OSM's letter, Kansas
submitted a revised amendment by letters dated March 9, 1994
(Administrative Record No. KS-575), and March 10, 1994 (Administrative
Record No. KS-576). This new amendment submission contains further
revisions to Articles 4, 5, 6, 9, and 15 of the Kansas Administrative
Regulations (K.A.R.). The amendment proposes several changes to the
format and nonsubstantive wording changes to clarify the regulations.
The substantive changes proposed by Kansas are discussed briefly below:
(1) Intervention
K.A.R. 47-4-14a(c)(7): Kansas proposes that said petition shall set
out the interest of the petitioner and why his/her interest is or may
be affected.
(2) Public Hearings
K.A.R. 47-4-14a(d)(6)(E)(iii): Kansas proposes that notice under
this subsection may include all types of information provided in
section (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, and 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.
(3) Civil Penalties
K.A.R. 47-5-5a(a)(10): Kansas proposes to adopt by reference 30 CFR
846.5 concerning definitions for individual civil penalties and
Sec. 846.18(c) concerning delinquent payment with minor modifications
to make the language State specific.
(4) Inspection and Enforcement, Substitution of Terms
K.A.R. 47-15-1a(b)(21): Kansas proposes that 30 CFR 843.15(e) has
been replaced with the requirement that an informal public hearing
shall be conducted in accordance with K.A.R. 47-4-14a.
(5) Underground Mining Revegetation, Standards of Success
K.A.R. 47-9-1(d)(39): Kansas proposes to add at its adoption by
reference of 30 CFR 817.116(a) subsection (a)(3) that data being used
for bond release will be submitted to the surface mining section
annually. This includes data for the last augmented seeding which will
start the extended liability period. The following instructions for
submissions shall be followed: (i) The planting reports, including soil
tests and tabulated results, shall be submitted by March 31 of the year
following the year in which they were performed; (ii) the production
and ground cover data shall be submitted within 30 days of the date
they were sampled, must include species identification, may include Raw
field data; and (iii) all data must be clearly identified as to the
bond release management area that it represents.
III. Public Comment Procedures
OSM is reopening the comment period on the proposed Kansas program
amendment to provide the public an opportunity to reconsider the
adequacy of the 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 Kansas program.
Written Comments
Written comments should be specific, pertain only to the issue
proposed in this rulemaking, and include explanations in support of the
commentor's recommendations. Comments received after the time indicated
under DATES or at locations other than the Kansas City 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 proposed 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 of 1969 (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 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. Accordingly, this rule will ensure that existing requirements
previously promulgated by OSM will be implemented by the State. In
making the determination as to whether this rule would have a
significant economic impact, the Department relied upon the data and
assumptions for the counterpart Federal regulations.
List of Subjects in 30 CFR Part 916
Intergovernmental relations, Surface mining, Underground mining.
Dated: March 16, 1994.
Raymond L. Lowrie,
Assistant Director, Western Support Center.
[FR Doc. 94-7507 Filed 3-29-94; 8:45 am]
BILLING CODE 4310-05-M
