[Federal Register Volume 59, Number 61 (Wednesday, March 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7507]


[[Page Unknown]]

[Federal Register: March 30, 1994]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 916

 

Kansas Permanent 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 reopening the public comment period and announcing the 
receipt of revisions to a previously submitted amendment to the Kansas 
permanent regulatory program (hereinafter, the ``Kansas program'') 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). 
The revised amendment proposes further changes to provisions of the 
Kansas regulations pertaining to administrative hearing procedures, 
permit revisions, and revegetation success for underground mining. The 
amendment is intended to revise the State program to be consistent with 
the corresponding Federal standards, clarify ambiguities, and improve 
operational efficiency.
    This document sets forth the times and locations that the Kansas 
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.

DATES: Written comments must be received by 4 p.m., c.s.t., April 14, 
1994.

ADDRESSES: Written comments should be mailed or hand delivered to Jerry 
R. Ennis at the address listed below.
    Copies of the Kansas 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 amendments by contacting OSM's 
Kansas City Field Office:

Jerry R. Ennis, Director, Kansas City Field Office, Office of Surface 
Mining Reclamation and Enforcement, 934 Wyandotte, room 500, Kansas 
City, MO 64105, Telephone: (816) 374-6405.
Kansas Department of Health and Environment, Bureau of Environmental 
Remediation, Surface Mining Section, 1501 S. Joplin, P.O. Box 1418, 
Pittsburg, KS 66762, lephone: (316) 231-8615.

FOR FURTHER INFORMATION CONTACT: Jerry R. Ennis, telephone: (816) 374-
6405.

SUPPLEMENTARY INFORMATION:

I. Background on the Kansas Program

    On January 21, 1981, the Secretary of Interior conditionally 
approved the Kansas program. General background information on the 
Kansas program, including the Secretary's findings, the disposition of 
comments, and the conditions of approval of the Kansas program can be 
found in the January 21, 1981, Federal Register (46 FR 5892). 
Subsequent actions concerning Kansas' program and program amendment can 
be found at 30 CFR 916.12, 916.15, and 916.16.

II. Discussion of Proposed Amendment

    By letter dated September 14, 1993, (Administrative Record No. KS-
567) Kansas submitted a proposed amendment to its program pursuant to 
SMCRA. Kansas submitted the proposed amendment with the intent of 
satisfying the required program amendments at 30 CFR 916.16 (a), (b), 
and (c) and at the States own initiative to improve its program.
    OSM announced receipt of the proposed amendment in the September 
27, 1993, Federal Register (58 FR 50302) and, in the same notice, 
opened the public comment period and provided opportunity for a public 
hearing on the adequacy of the proposed amendment. The public comment 
period ended on October 27, 1993. The public hearing scheduled for 
October 22, 1993, was not held because no one requested an opportunity 
to testify.
    By letter dated January 26, 1994 (Administrative Record No. KS-
540), OSM provided Kansas with its concerns about the September 14, 
1993, amendment submission. In response to OSM's letter, Kansas 
submitted a revised amendment by letters dated March 9, 1994 
(Administrative Record No. KS-575), and March 10, 1994 (Administrative 
Record No. KS-576). This new amendment submission contains further 
revisions to Articles 4, 5, 6, 9, and 15 of the Kansas Administrative 
Regulations (K.A.R.). The amendment proposes several changes to the 
format and nonsubstantive wording changes to clarify the regulations. 
The substantive changes proposed by Kansas are discussed briefly below:

(1) Intervention

    K.A.R. 47-4-14a(c)(7): Kansas proposes that said petition shall set 
out the interest of the petitioner and why his/her interest is or may 
be affected.

(2) Public Hearings

    K.A.R. 47-4-14a(d)(6)(E)(iii): Kansas proposes that notice under 
this subsection may include all types of information provided in 
section (d)(6) (A) through (D) or may consist of a brief statement 
indicating the subject matter, parties, time, place where the hearing 
will be held, locations where the general public may meet for hearings 
which are conducted electronically, and nature of the hearing, manner 
in which copies of the notice to the parties may be inspected and 
copied, and the name and telephone number of the presiding officer.

(3) Civil Penalties

    K.A.R. 47-5-5a(a)(10): Kansas proposes to adopt by reference 30 CFR 
846.5 concerning definitions for individual civil penalties and 
Sec. 846.18(c) concerning delinquent payment with minor modifications 
to make the language State specific.

(4) Inspection and Enforcement, Substitution of Terms

    K.A.R. 47-15-1a(b)(21): Kansas proposes that 30 CFR 843.15(e) has 
been replaced with the requirement that an informal public hearing 
shall be conducted in accordance with K.A.R. 47-4-14a.

(5) Underground Mining Revegetation, Standards of Success

    K.A.R. 47-9-1(d)(39): Kansas proposes to add at its adoption by 
reference of 30 CFR 817.116(a) subsection (a)(3) that data being used 
for bond release will be submitted to the surface mining section 
annually. This includes data for the last augmented seeding which will 
start the extended liability period. The following instructions for 
submissions shall be followed: (i) The planting reports, including soil 
tests and tabulated results, shall be submitted by March 31 of the year 
following the year in which they were performed; (ii) the production 
and ground cover data shall be submitted within 30 days of the date 
they were sampled, must include species identification, may include Raw 
field data; and (iii) all data must be clearly identified as to the 
bond release management area that it represents.

III. Public Comment Procedures

    OSM is reopening the comment period on the proposed Kansas program 
amendment to provide the public an opportunity to reconsider the 
adequacy of the amendment in light of the additional materials 
submitted. 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 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 Kansas City 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 proposed 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 of 1969 (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 data and 
assumptions for the counterpart Federal regulations.

List of Subjects in 30 CFR Part 916

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 16, 1994.
Raymond L. Lowrie,
Assistant Director, Western Support Center.
[FR Doc. 94-7507 Filed 3-29-94; 8:45 am]
BILLING CODE 4310-05-M