[Federal Register Volume 59, Number 45 (Tuesday, March 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5225]


[[Page Unknown]]

[Federal Register: March 8, 1994]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 936

 

Oklahoma Permanent 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 
Oklahoma permanent regulatory program (hereinafter, the ``Oklahoma 
program'') under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). The proposed amendment pertains to revegetation success 
standards and statistically valid sampling techniques, and guidelines 
for phase I, II, and III bond release. The amendment is intended to 
revise the State program to be consistent with the corresponding 
Federal standards.
    This document sets forth the times and locations that the Oklahoma 
program and proposed amendment to that program are available for public 
inspection, the comment period during which interested persons may 
submit written comments on the proposed amendment, and the procedures 
that will be followed regarding the public hearing, if one is 
requested.

DATES: Written comments must be received by 4 p.m., c.s.t. on April 7, 
1994. If requested, a public hearing on the proposed amendment will be 
held on April 4, 1994. Requests to present oral testimony at the 
hearing must be received by 4 p.m., c.s.t. on March 23, 1994. Any 
disabled individual who has need for a special accommodation to attend 
a public hearing should contact the individual under ``FOR FURTHER 
INFORMATION CONTACT.''

ADDRESSES: Written comments should be mailed or hand delivered to James 
H. Moncrief at the address listed below.
    Copies of the Oklahoma program, the proposed amendment, and all 
written comments received in response to this notice 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.

James H. Moncrief, Director, Tulsa Field Office, Office of Surface 
Mining Reclamation and Enforcement, 5100 East Skelly Drive, suite 550, 
Tulsa, OK 74135, Telephone: (918) 581-6430.
Oklahoma Department of Mines, 4040 North Lincoln, suite 107, Oklahoma 
City, OK 73105, Telephone: (405) 521-3859.

FOR FURTHER INFORMATION CONTACT: James H. Moncrief, 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, 936.16, and 936.30.

II. Proposed Amendment

    By letter dated February 17, 1994 (Administrative Record No. OK-
959.01), Oklahoma submitted a proposed amendment to its program 
pursuant to SMCRA. Oklahoma submitted the proposed amendment with the 
intent of satisfying the required program amendments at 30 CFR 936.16 
(a) through (i). Oklahoma proposes to amend the Bond Release Guidelines 
that are referenced in subsections 816.116(a) and 817.116(a)(1) of the 
Oklahoma rules. Specifically Oklahoma proposes to revise the Bond 
Release Guidelines at subsection I.E.3.b to require ground cover 
sufficient to control erosion for approved commercial or industrial 
land uses; subsection I.F.3.d to require, on areas previously disturbed 
by mining, that ground cover be at least 70 percent and sufficient to 
control erosion; subsection I.F.5.b to require that water discharged 
from permanent impoundments, ponds, diversions, and treatment 
facilities shall meet water quality effluent limitations; subsections 
II.B.2.d and III.B.2.d to reference appendix O for the method for 
calculating a technical success standard for productivity on, 
respectively, pastureland and grazingland; subsection V.B.2.c to 
reference appendix P for the method for calculating a technical success 
standard for productivity of row crops on prime farmland cropland; 
subsection V.B.2.d to add criteria regarding the selection of test 
plots for demonstrating success of productivity on prime farmland 
cropland; subsection V.B.2.e to reference appendix O for the method for 
calculating a technical success standard for productivity of grain or 
hay crops on prime farmland cropland; subsection VI.B.2.e to reference 
appendices P and Q for the methods for calculating technical success 
standards for productivity of, respectively, row crops and grain or hay 
crops on nonprime farmland cropland; appendix A to add the definition 
of ``initial establishment of permanent vegetative cover;'' appendices 
J and P to correct typographical errors; and appendix V, to add a 
technical document reference. In addition, Oklahoma submitted a letter, 
dated February 1, 1994, from the U.S. Soil Conservation Service that 
was intended to provide concurrence with appendix R concerning the 
repair of rills and gullies as a normal husbandry practice.

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.

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.

Public Hearing

    Persons wishing to testify at the public hearing should contact the 
person listed under ``FOR FURTHER INFORMATION CONTACT'' by 4 p.m., 
c.s.t. on March 23, 1994. 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.

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 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 date and 
assumptions for the counterpart Federal regulations.

List of Subjects in 30 CFR Part 936

    Intergovernmental relations, Surface mining, Underground mining.


    Dated: February 28, 1994.
Raymond L. Lowrie,
Assistant Director, Western Support Center.
[FR Doc. 94-5225 Filed 3-7-94; 8:45 am]
BILLING CODE 4310-05-M