[Federal Register Volume 59, Number 181 (Tuesday, September 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23248]
[[Page Unknown]]
[Federal Register: September 20, 1994]
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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, Interior.
action: Proposed rule; reopening and extension of public comment period
on proposed amendment.
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summary: OSM is announcing receipt of a second request regarding
required amendments to the Wyoming permanent regulatory program
(hereinafter, the ``Wyoming program'') under the Surface Mining Control
and Reclamation Act of 1977 (SMCRA). Wyoming is requesting OSM to
extend the required amendments' time frames at 30 CFR 950.16 (bb)
through (gg), that concern shrub density reclamation standards.
This document set forth the times and locations that the Wyoming
Program and the proposed extension request to that program are
available for public inspection and the comment period during which
interested persons may submit written comments on the proposed
extension request.
dates: Written comments must be received by 4:00 p.m., m.d.t. October
5, 1994.
addresses: Written comments should be mailed or hand delivered to Guy
V. Padgett at the address listed below.
Copies of the Wyoming program, the proposed extension request, 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; 100 East ``B'' Street, Rm. 2128; Casper,
Wyoming 82601-1918. Telephone: (307) 261-5776.
Dennis Hemmer, Director, Wyoming Department of Environmental Quality;
Herschler Bldg., Fourth Floor West; 122 West 25th Street; Cheyenne,
Wyoming 82002. Telephone: (307) 777-7758.
for further information contact: Guy V. Padgett; Telephone (307) 261-
5776.
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 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. Discussion of Proposed Extension
On February 28, 1994, Wyoming DEQ requested an extension of the
time frames at 30 CFR 950.16 (bb) through (gg) to enter into a
negotiated rule making process (Administrative Record No. WY-26-1). OSM
announced the receipt of this request in the March 21, 1994, Federal
Register (59 FR 13286), and sought public comment on whether the
proposed extension request satisfied the applicable program approval
criteria of 30 CFR 732.15.
Wyoming DEQ has now completed the negotiated rule making process,
only to be notified by the State Attorney General's office that the
proposed rule is in conflict with two sections of existing statutes
[W.S. 35-11-402(b) and (c)] and that conflict prohibits DEQ from
promulgating the rules until the statutes are changed.
In view of this opinion, and on September 1, 1994, the State of
Wyoming, Department of Environmental Quality (DEQ) submitted a second
request to extend the time frames at 30 CFR 950.16(bb) through (gg), as
codified in the January 24, 1994, Federal Register (59 FR 3521), in
order to allow the State time to introduce new statutory changes to the
Wyoming Legislature during the 1995 Legislative Session (Administrative
Record No. WY-26-7). Wyoming DEQ has prepared the required
modifications to the statutory language for submission to the Wyoming
Legislature's Mines and Minerals Committee for sponsorship in a bill to
be introduced during the next Legislative Session which begins in
January 1995.
Wyoming is requesting an extension to November 1995. The State's
request outlines a time line schedule from October 1994 to November
1995. The schedule identifies milestones such as: When the Mines and
Minerals Committee received the proposed statutory changes from DEQ:
submission of the proposed rule to the Land Quality Advisory Board;
introduction to the Legislature for debate; approval by the Governor;
required revisions to the rule based on Statutory changes; required 45
days comment period; Environmental Quality Council hearing; and,
submittal of a formal State Program amendment to OSM in November 1995.
OSM is now considering Wyoming's request to further extend the time
frames and is seeking public comments on whether the proposed extension
can and should be granted.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is
seeking comments on whether the proposed extension request satisfies
the applicable program approval criteria of 30 CFR 732.15. If the
extension request is deemed adequate, it will become part of the
Wyoming program.
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 Casper 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 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.
Russell Price,
Acting Assistant Director, Western Support Center.
[FR Doc. 94-23248 Filed 9-19-94; 8:45 am]
BILLING CODE 4310-05-M
