[Federal Register Volume 60, Number 114 (Wednesday, June 14, 1995)]
[Proposed Rules]
[Pages 31265-31266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14531]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 950
Wyoming 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 proposed amendment to the
Wyoming regulatory program (hereinafter, the ``Wyoming program'') under
the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The
proposed amendment consists of revisions to the Wyoming Environmental
Quality Act pertaining to procedures for providing public notice for
coal mining permit applications. The amendment is intended to reduce
costs to the Wyoming program and retain consistency with the
corresponding Federal regulations and SMCRA.
DATES: Written comments must be received by 4:00 p.m., m.d.t., July 14,
1995. If requested, a public hearing on the proposed amendment will be
held on July 10, 1995. Requests to present oral testimony at the
hearing must be received by 4:00 p.m., m.d.t., on June 29, 1995.
ADDRESSES: Written comments should be mailed or hand delivered to Guy
V. Padgett, Casper Field Office Director at the address listed below.
Copies of the Wyoming 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 Casper Field Office.
Guy V. Padgett, Director, Casper Field Office, Office of Surface Mining
Reclamation and Enforcement, Federal Building, Rm. 2128, 100 East ``B''
Street, Casper, Wyoming 82601-1918
Dennis Hemmer, Director, Department of Environmental Quality, Herschler
Building--4th Floor West, 125 West 25th Street, Cheyenne, Wyoming
82002, Telephone: (307) 777-7938
FOR FURTHER INFORMATION CONTACT: Guy V. Padgett, Telephone: (307) 261-
5824.
SUPPLEMENTARY INFORMATION:
I. Background on the Wyoming Program
On November 26, 1980, the Secretary of the Interior conditionally
approved the Wyoming program. General background information on the
Wyoming program, including the Secretary's findings, the disposition of
comments, and the conditions of approval of the Wyoming program can be
found in the November 26, 1980, Federal Register (45 FR 78637).
Subsequent actions concerning Wyoming's program and program amendments
can be found at 30 CFR 950.11, 950.12, 950.15 and 950.16.
II. Proposed Amendment
By letter dated June 2, 1995, Wyoming submitted a proposed
amendment to its program pursuant to SMCRA (revision to the public
notice procedures, Administrative Record No. WY-30-01). Wyoming
submitted the proposed amendment at its own initiative. The provision
of Environmental Quality Act that Wyoming proposes to revise is section
Wyoming Statute (W.S.) 35-11-406(j) [public notice procedures for
permit applications].
Specifically, Wyoming proposes to revise subsection (j) as follows:
(1) By adding to the beginning of the third sentence ``[f]or initial
applications or additions of new lands * * *;'' (2) by removing from
the end of the third sentence the language ``* * * and to the operator
of any oil and gas well within the permit area or, if there is no oil
and gas well, to the lessee of record of any oil and gas lease within
the permit area * * *; (3) by adding, prior to the last sentence, the
sentence ``[t]he applicant shall mail a copy of the application mining
plan map within five (5) days after first publication to the Wyoming
oil and gas commission;'' and (4) by adding to the last sentence the
language ``* * * sworn statement of * * *.''
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 Wyoming program.
1. Written Comments
Written comments should be specific, pertain only to the issues
proposed in
[[Page 31266]]
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 Casper 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.,
m.d.t. on June 29, 1995. 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 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 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
assumptions for the counterpart Federal regulations.
List of Subjects in 30 CFR Part 950
Intergovernmental relations, Surface mining, Underground mining.
Dated: June 8, 1995.
Russell F. Price,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 95-14531 Filed 6-13-95; 8:45 am]
BILLING CODE 4310-05-M
