[Federal Register Volume 59, Number 54 (Monday, March 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6494]


[[Page Unknown]]

[Federal Register: March 21, 1994]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 950

 

Wyoming Permanent Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.

ACTION: Proposed rule; public comment period on proposed extension 
request.

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SUMMARY: OSM is announcing the receipt of a request regarding required 
amendments to the Wyoming permanent regulatory program (the Wyoming 
program) under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). Wyoming is requesting OSM to extend the required amendment 
time frames at 30 CFR 950.16 (bb) through (gg).
    This document sets 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 p.m., m.d.t. April 20, 
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 extension request 
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, room 2128; Casper, WY; 
82601-1918. Telephone: (307) 261-5776.
Dennis Hemmer, Director, Wyoming Department of Environmental Quality; 
Herschler Building, 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 950.12, 950.15, and 950.16.

II. Discussion of Proposed Extension

    On February 28, 1994, the State of Wyoming submitted a 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), to allow the 
State time to conduct ``negotiated rule making'' pursuant to Wyoming's 
program. At the conclusion of the ``negotiated rule making'' Wyoming 
hopes to submit a package to OSM that would include any legislation 
passed in the 1994 session, the negotiated rules agreed to by all 
parties, and any needed changes in legislation required to fully 
implement the agreement by the parties. Wyoming stated that it 
``anticipates submitting this package by the end of 1994.''
    Wyoming has pending legislation (Senate File No. 29) proposed to 
address some of the required amendments as submitted to OSM for review 
as an informal amendment dated February 4, 1994 (Administrative record 
No. WY-26-2). If approved the legislation would remove the definitions 
and shrub standards promulgated in Enrolled Act No. 86 [Senate File No. 
39].
    OSM is now considering Wyoming's request to extend the time frames 
and is seeking public comment 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

    Written comments should be specific, pertain only to the issue 
proposed in this rulemaking, and include explanations in support of the 
commentor'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

Compliance With Executive Order 12866

    This proposed rule is exempted from review by the office of 
Management and Budget under Executive Order 12866 (Reduction of 
Regulatory Burden).

Compliance With 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 1255) 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.

Compliance With the 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.).

Compliance With the 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 950

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 15, 1994.
Raymond L. Lowrie,
Assistant Director, Western Support Center.
[FR Doc. 94-6494 Filed 3-18-94; 8:45 am]
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