[Federal Register Volume 60, Number 176 (Tuesday, September 12, 1995)]
[Proposed Rules]
[Pages 47314-47316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22516]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 916
[SPATS No. KS-016-FOR]
Kansas Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
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[[Page 47315]]
SUMMARY: OSM is announcing receipt of a proposed amendment to the
Kansas regulatory program (hereinafter the ``Kansas program'') under
the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The
proposed amendment consists of modifications to the Kansas revegetation
guidelines pertaining to requirements for determining the productivity
success of trees and shrubs. The amendment is intended to improve
operational efficiency.
DATES: Written comments must be received by 4:00 p.m., c.d.t., October
12, 1995. If requested, a public hearing on the proposed amendment will
be held on October 10, 1995. Requests to speak at the hearing must be
received by 4:00 p.m., c.d.t., on September 27, 1995.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Mr. Robert L. Markey, Acting Director,
Kansas City Field Office, at the first address listed below.
Copies of the Kansas program, the proposed amendment, a listing of
any scheduled public hearings, 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 Kansas City Field Office.
Robert L. Markey, Acting Director, Kansas City Field Office, Office of
Surface Mining Reclamation and Enforcement, 934 Wyandotte Street, Room
500, Kansas City, Missouri, 64105, Telephone: (816) 374-6405.
Kansas Department of Health and Environment, Bureau of Environmental
Remediation, Surface Mining Section, 1501 South Joplin, P.O. Box 1418,
Pittsburg, Kansas 66762, Telephone (316) 231-8615.
FOR FURTHER INFORMATION CONTACT:
Mr. Robert L. Markey, Acting Director, Kansas City Field Office,
Telephone: (816) 374-6405.
SUPPLEMENTARY INFORMATION:
I. Background on the Kansas Program
On January 21, 1981, the Secretary of the Interior conditionally
approved the Kansas program. Background information on the Kansas
program, 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). Subsequent actions concerning
the Kansas program and program amendments can be found at 30 CFR
916.12, 916.15, and 916.16.
II. Discussion of the Proposed Amendment
By letter dated August 9, 1995 (Administrative Record No. KS-600),
Kansas submitted a proposed amendment to its program pursuant to SMCRA.
Kansas submitted the proposed amendment at its own initiative. Kansas
proposes to modify its requirements for determining the productivity
success of trees and shrubs by amending its approved revegetation
guidelines entitled ``Revegetation Standards for Success and
Statistically Valid Sampling Techniques for Measuring Revegetation
Success'' to include an alternative sampling method for determining
woody stem density.
Specifically, Kansas proposed the following alternative sampling
method for woody stems.
Woody Stem Density
The Permittee shall use success standards developed in joint
cooperation between the Kansas Department of Wildlife and Parks
(KDWP), USDA-Soil Conservation Service (USDA-SCS), Kansas State
University--Forestry Extension (KSU), the Operator and the SMS. The
productivity success is determined by the success of the trees and
shrubs. The Permittee will be required to utilize one of two
sampling techniques, 100 percent count or 1/50 acre sampling
circles. All data must be collected in a statistically valid manner.
Where the stocking density for the permit has been set at less than
300 stems per acre and less than 10 acres, a 100% stem count is
required. Where the stocking density exceeds 300 stems per acre on
10 acres or more, a 1/50 acre sampling circle may be used as
described below.
Stem Density Sampling Techniques
The sampling circle will be a round area one-fiftieth (1/50) of
an acre in size (16.7 feet in radius). The Permittee will establish
a sampling circle at each of the randomly selected sampling points,
such that the center of the sampling circle is the random point.
The stem density data is collected as follows:
(1) The sampling circle may be drawn by attaching a 16.7 foot
string to a stake fixed at the random point and then sweeping the
end of the string (tightly stretched) in a circle around the stake;
(2) All living trees and shrubs within each of the sampling
circles are counted and recorded by species. Shrubs or trees rooted
within the sampling circle are counted; those rooted outside of the
sampling circle are not included in the sample. To count as living,
the tree or shrub must be alive, healthy, and been in place for at
least two years; and
(3) Continue sampling randomly selected points until sample
adequacy is met. Individual sampling circle values summarized by
species are used for statistical analysis.
Calculation of Stem Density
The total stem density per acre is calculated as follows: D=S
divided by N times 50.
D=Total Stem Density per Acre.
S=Total Number of Stems Counted.
N=Total Number of Sample Points.
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 Kansas program.
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 Kansas City Field Office
will not necessarily be considered in the final rulemaking or included
in the Administrative Record.
Public Hearing
Persons wishing to speak at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
c.d.t., on September 27, 1995. The location and time of the hearing
will be arranged with those persons requesting the hearing. If no one
requests an opportunity to speak 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 speak have been heard. Persons in the audience who
have not been scheduled to speak, and who wish to do so, will be heard
following those who have been scheduled. The hearing will end after all
persons scheduled to speak and persons present in the audience who wish
to speak have been heard.
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.
Public Meeting
If only one person requests an opportunity to speak at a hearing, a
[[Page 47316]]
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
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 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, 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
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)).
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
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: August 24, 1995.
Russell Frum,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 95-22516 Filed 9-11-95; 8:45 am]
BILLING CODE 4310-05-M
