[Federal Register Volume 61, Number 99 (Tuesday, May 21, 1996)]
[Proposed Rules]
[Pages 25426-25428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12725]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 936
[OK-018-FOR]
Oklahoma Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: OSM is announcing receipt of a propose amendment to the
Oklahoma regulatory program (hereinafter, the ``Oklahoma program'')
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA).
The proposed amendment consists of revisions to Oklahoma's Coal Program
Rules and Regulations. Oklahoma proposes to recodify and reinstate
rules pertaining to an exemption for coal extraction incidental to
government-financed or other construction. The amendment is intended to
revise the Oklahoma program to be consistent with the corresponding
Federal regulations.
DATES: Written comments must be received by 4:00 p.m., c.d.t., June 20,
1996. If requested, a public hearing on the proposed amendment will be
held on June 17, 1996. Requests to present oral testimony at the
hearing must be received by 4:00 p.m., c.d.t., on June 5, 1996.
[[Page 25427]]
ADDRESSES: Written comments should be mailed or hand delivered to Jack
R. Carson, Acting Director, Tulsa Field Office, 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.
Jack R. Carson, Acting Director, Tulsa Field Office, Office of Surface
Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470
Tulsa, Oklahoma, 74135-6547, Telephone: (918) 581-6430.
Oklahoma Department of Mines, 4040 N. Lincoln Blvd., Suite 107,
Oklahoma City, Oklahoma 73105, Telephone: (405) 521-3859.
FOR FURTHER INFORMATION CONTACT: Jack R. Carson, 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 and 936.16.
II. Proposed Amendment
By letter dated April 26, 1996, Oklahoma submitted a proposed
amendment to its program pursuant to SMCRA (Administrative Record No.
OK-974). Oklahoma submitted the proposed amendment at its own
initiative. Oklahoma proposes to reinstate rules pertaining to an
exemption for coal extraction incidental to government-financed or
other construction. These rules were previously codified as part 707.
Oklahoma proposes to recodify these rules at Oklahoma Administrative
Code (OAC) 460, Chapter 20, Subchapter 6.
Section 460:20-6-1, Purpose
This section specifies the purpose of Subchapter 6 as establishing
procedures for determining those surface coal mining and reclamation
operations that meet the exemption criteria for coal extraction as an
incidental part of government-financed construction.
Section 460:20-6-2, Responsibility
This section specifies that the Department of Mines is responsible
for enforcing the requirements of Subchapter 6. It also specifies that
persons conducting coal extraction as an incidental part of government-
financed construction is responsible for keeping specified
documentation on the site of the extraction operation.
Section 460:20-6-3, Definitions
This section contains definitions for the terms ``Extraction of
coal as an incidental part''; ``Government financing agency''; and
``Government-financed construction.''
Section 460:20-6-4, Applicability
This section specifies that a permit must be obtained unless the
coal extraction is an incidental part of government-financed
construction.
Section 460:20-6-5, Information to be Maintained on Site
This section specifies the information that must be maintained on
the site of the extraction operation.
III. Public Comment Procedures
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.
1. Written Comments
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.
2. Public Hearing
Persons wishing to testify at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
c.d.t., on June 5, 1996. Any disabled individual who has need for a
special accommodation to attend a public hearing should contact the
individual listed under FOR FURTHER INFORMATION CONTACT. The location
and time of the hearing will be arranged with those persons requesting
the hearing. If no one requests an opportunity to testify at the public
hearing, the hearing will not be held.
Filing of a written statement at the time of the hearing is
requested as it will greatly assist the transcriber.
Submission of written statements in advance of the hearing will
allow OSM officials to prepare adequate responses and appropriate
questions.
The public hearing will continue on the specified date until all
persons scheduled to testify have been heard. Persons in the audience
who have not been scheduled to testify, and who wish to do so, will be
heard following those who have been scheduled. The hearing will end
after all persons scheduled to testify and persons present in the
audience who wish to testify have been heard.
3. Public Meeting
If only one person requests an opportunity to testify at a hearing,
a public meeting, rather than a public hearing, may be held. Persons
wishing to meet with OSM representatives to discuss the proposed
amendment may request a meeting by contacting the person listed under
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the
public and, if possible, notices of meetings will be posted at the
locations listed under ADDRESSES. A written summary of each meeting
will be made a part of 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 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 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 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
[[Page 25428]]
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 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
assumptions for the counterpart Federal regulations.
6. Unfunded Mandates
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
List of Subjects in 30 CFR Part 936
Intergovernmental relations, Surface mining, Underground mining.
Dated: May 9, 1996.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 96-12725 Filed 5-20-96; 8:45 am]
BILLING CODE 4310-05-M
