[Federal Register Volume 61, Number 183 (Thursday, September 19, 1996)]
[Proposed Rules]
[Pages 49284-49285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23941]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 936
[SPATS No. OK-019-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 pertaining to a
previously proposed amendment to the Oklahoma regulatory program
(hereinafter referred to as the ``Oklahoma program'') under the Surface
Mining Control and Reclamation Act of 1977 (SMCRA). The revisions for
Oklahoma's proposed amendment pertain to repair or compensation for
material damage resulting from subsidence caused by underground coal
mining operations and to replacement of water supplies adversely
impacted by underground coal mining operations. 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., October
4, 1996.
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, Acting Director, Tulsa Field Office, Telephone: (918)
581-6430.
SUPPLEMENTARY INFORMATION:
I. Background on the Oklahoma Program
II. Discussion of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Oklahoma Program
On January 19, 1981, the Secretary of the Interior conditionally
approved the Oklahoma program. Background information on the Oklahoma
program, including the Secretary's findings, the disposition of
comments, and the conditions of approval can be found in the January
19, 1981, Federal Register (46 FR 4902). Subsequent actions concerning
the conditions of approval and program amendments can be found at 30
CFR 936.15 and 936.16.
II. Discussion of the Proposed Amendment
By letter dated July 17, 1996 (Administrative Record No. OK-975),
Oklahoma submitted a proposed amendment to its program pursuant to
SMCRA. Oklahoma submitted the proposed amendment in response to a May
20, 1996, letter (Administrative Record No. OK-976) that OSM sent to
Oklahoma in accordance with 30 CFR 732.17(c). The provisions of the
Oklahoma Administrative Code (OAC) that Oklahoma proposes to amend are
OAC 460:20-3-5, Definitions; OAC 460:20-31-7, Hydrologic information;
OAC 460:20-31-13, Subsidence control plan; OAC 460:20-45-8, Hydrologic-
balance protection; and OAC 460:20-45-47, Subsidence control.
OSM announced receipt of the proposed amendment in the August 2,
1996, Federal Register (61 FR 40369) and invited public comment on its
adequacy. The public comment period ended September 3, 1996.
During its review of the amendment, OSM identified a concern
relating to OAC 460:20-3-5, Definitions. Oklahoma had not proposed a
definition for ``occupied residential dwelling and structures related
thereto.'' This definition was required in OSM's May 20, 1996, letter
to Oklahoma. OSM notified Oklahoma of this concern by letter dated
August 20, 1996 (Administrative Record No. 975.07). Oklahoma responded
in a letter dated August 28, 1996 (Administrative Record No. 975.06, by
submitting a revised amendment which contained the missing definition.
Specifically, Oklahoma proposes to add the following definition at
OAC 460:20-3-5.
``Occupied residential dwelling and structures'' means for
purposes of 460:20-31-13 and 460:20-45-47, any building or other
structure that, at the time the subsidence occurs, is used either
temporarily, occasionally, seasonally, or permanently for human
habitation. This term also includes: (A) Any building, structure or
facility installed on, above or below, or a combination thereof, the
land surface if that building, structure or facility is adjunct to
or used in connection with an occupied residential dwelling. (B)
Examples of such structures include, but are not limited: (1)
garages; (2) storage sheds and barns; (3) greenhouses and related
buildings; (4) utilities and cables; (5) fences and other
enclosures; (6) retaining walls; (7) paved or
[[Page 49285]]
improved patios; (8) walks and driveways; (9) septic sewage
treatment facilities; (10) and lot drainage and lawn and garden
irrigation systems. (C) Any structure used only for commercial
agricultural, industrial, retail or other commercial purposes is
excluded.
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 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
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
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).
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, 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 determinations as to whether this rule would have a
significant economic impact, the Department relied upon the data and
assumptions for the counterpart Federal regulations.
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: June 10, 1996.
Michael C. Wolfrom,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 96-23941 Filed 9-18-96; 8:45 am]
BILLING CODE 4310-05-M
