[Federal Register Volume 59, Number 106 (Friday, June 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13503]


[[Page Unknown]]

[Federal Register: June 3, 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: Final rule.

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SUMMARY: OSM is announcing the approval, with two exceptions, of a 
program amendment submitted by Kansas as a modification to the State's 
permanent regulatory program (hereinafter referred to as the Kansas 
program) under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). The amendment pertains to definitions, administrative hearing 
procedure, civil penalties, use of explosives, standards for 
revegetation success, postmining land use, and inspection and 
enforcement.
    The amendment is intended to revise the State program to be 
consistent with the corresponding Federal standards, to clarify 
ambiguities, and to improve operational efficiency.

EFFECTIVE DATE: June 3, 1994.

FOR FURTHER INFORMATION CONTACT:
Michael C. Wolfrom, Telephone: (816) 374-6405.

SUPPLEMENTARY INFORMATION:

I. Background on the Kansas Program

    On January 21, 1981, the Secretary of the 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's program and program amendments 
can be found at 30 CFR 916.12, 916.15, and 916.16.

II. Submission of 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, in part, required program amendments at 30 CFR 916.16 (a), 
(b) and (c) that were placed on the Kansas program on October 7, 1988 
(53 FR 39467, 39470), September 13, 1991 (56 FR 46548), and June 14, 
1993 (58 FR 32847, 32855).
    OSM published a notice in the September 27, 1993, Federal Register 
announcing receipt of the amendment and inviting public comment on the 
adequacy of the proposed amendment (58 FR 50302). The public comment 
period ended October 27, 1993. The public hearing scheduled for October 
22, 1993, was not held because no one requested an opportunity to 
testify.
    During its review of the amendment, OSM identified concerns related 
to the Kansas Administrative Regulations (K.A.R.) 47-4-14a(c)(7), 
regarding intervention, K.A.R. 47-4-14a (d)(10)(D) and (d)(5)(B)(vi) 
regarding public hearings, K.A.R. 47-5-5a (a) and (b) regarding civil 
penalties, K.A.R. 47-5-5a(b)(14) regarding the definition of 
``violation, failure or refusal,'' and K.A.R. 47-15-1a(b)(21) regarding 
inspection and enforcement, substitution of terms.
    OSM notified Kansas of these concerns by letter dated January 26, 
1994 (Administrative Record No. KS-574). Kansas responded in a letter 
dated March 9, 1994 (Administrative Record No. KS-575), by submitting 
further revisions to Articles 4, 5, 6, 9, and 15 of the Kansas 
Administrative Regulations. On March 10, 1994 (Administrative Record 
No. KS-581), Kansas requested further information from OSM regarding 
its proposed amendment. Subsequently, Kansas again, in a letter dated 
March 10, 1994 (Administrative Record No. KS-576), revised its proposed 
amendment. OSM reopened the public comment period on March 30, 1994 (59 
FR 14811). The public comment period closed on April 14, 1994.

III. Director's Findings

    After a thorough review, pursuant to SMCRA and the Federal 
regulations at 30 CFR 732.15 and 732.17, the Director finds, with two 
exceptions, that the proposed amendment as submitted by Kansas on 
September 14, 1993, meets the requirements of SMCRA and 30 CFR chapter 
VII.

1. Provisions Not Discussed

    Kansas proposes certain revisions to its rules that involve minor 
typographical corrections and recodification. The Director finds that 
these proposed revisions, unless specifically discussed below, are no 
less effective in meeting SMCRA's requirements than the Federal 
regulations and is approving them.

2. Required Program Amendments

    Kansas submitted proposed revisions in response to required program 
amendments that the Director placed on the Kansas program, codified in 
the Federal regulations at 30 CFR 916.16 (a), (b) and (c). The Director 
finds that the following proposed State regulations satisfy the 
required program amendments, are no less effective in meeting SMCRA's 
requirements than the Federal regulations indicated in each required 
program amendment, and is approving them (the codified required 
amendments at 30 CFR 916.16 are indicated in brackets): K.A.R. 47-4-
14a(c)(7) by requiring that a person petitioning for leave to intervene 
in a proceeding need only show why his interest is or may be adversely 
affected rather than why his interest would be adversely affected and 
by requiring the presiding officer to make a decision to grant 
intervention based on factors listed at K.A.R. 47-4-14a(c)(7)(B)(i)-
(iv) in the event subsection (7)(A)(i) or (7)(A)(ii) are not applicable 
[30 CFR 916.16(b)(8)]; K.A.R. 47-4-14a(c)(11) by providing that any 
person that fails to file a responsive pleading by the required time 
may be deemed to have waived his right to a hearing [30 CFR 
916.16(b)(10)]; K.A.R. 47-4-14a (b), (d), and (d)(2)(F) by replacing 
the phrase ``this act'' with the phrase ``these rules and 
regulations,'' [30 CFR 916.16(c)(2)]; K.A.R. 47-5-5a (a) and (b), 
(a)(8), (a)(10) and (b)(14)-(20) by replacing the identified Federal 
terms and citations with the appropriate State terms and citations and 
by providing the State address where an individual may file a petition 
for review [30 CFR 916.16(b)(24)]; K.A.R. 47-5-5a(b)(14) by replacing 
Federal terms and citations with the appropriate State terms and 
citations [30 CFR 916.16(b)(24)]; K.A.R. 47-5-5a(c)(7)(C) by imposing a 
30-day time limit within which the Surface Mining Section must remit a 
refund [30 CFR 916.16(c)(3)]; K.A.R. 47-6-7(h)(2) by correcting an 
improper reference from K.A.R. 47-4-14a(d)(14) to K.A.R. 47-4-
14a(d)(14) [30 CFR 916.16(b)(30)]; K.A.R. 47-9-1 (c)(17) and (d)(17) by 
modifying the adoption by reference of the Federal regulations at 30 
CFR 816.61 by deleting from its adoption by reference of 30 CFR 816-
817.61(c)(1) everything but the statement ``all blasting operations 
shall be conducted under the direction of a certified blaster,'' [30 
CFR 916.16(c)(4)]; K.A.R. 47-9-1 (c)(46) and (d)(44) by deleting 
paragraph (d), concerning variances for steep slope mining, from its 
adoption by reference of 30 CFR 816-817.133 [30 CFR 916.16(a)]; K.A.R. 
47-15-1a by removing the incorrect reference to K.A.R. 47-15-5a from 
the section heading for K.A.R. 47-15-1a [30 CFR 916.16(c)(5)]; K.A.R. 
47-15-1a(b) (6) and (9) by providing the correct counterpart State 
citations for the terms ``43 CFR Part 4'' and ``43 CFR 4.1281,'' [30 
CFR 916.16(c)(7)]; and K.A.R. 47-47-15-1a(b)(21) by requiring that 
informal public hearings be conducted in accordance with K.A.R. 47-4-
14a [30 CFR 916.16(c)(6)].
    Accordingly, the Director is removing the required program 
amendments as identified above from the Kansas program and as codified 
at 30 CFR 916.16.

3. K.A.R. 47-2-75(e)(6), Definitions

    Kansas proposes to revise K.A.R. 47-2-75(e)(6) to replace the 
reference in the Federal regulations at 30 CFR 846.5 to section 703 of 
SMCRA which deals with employee protection, with a reference to Kansas 
Statute Annotated (K.S.A.) 75-2973 which also deals with employee 
protection. Kansas is submitting this revision in response to a 
required program amendment placed on the Kansas program at 30 CFR 
916.16(c)(1).
    The Director finds that Kansas' proposed amendment does not render 
the State provision at K.A.R. 47-2-75(e)(6) less effective in meeting 
SMCRA's requirements than the Federal provision at 30 CFR 846.5 and is 
approving it. Accordingly, the Director is removing the required 
program amendment at 30 CFR 916.16(c)(1).

4. K.A.R. 47-4-14a(d)(6)(E) (iii) and (iv), Notice of Administrative 
Hearings

    Kansas proposes to revise K.A.R. 47-4-14a(d)(6)(E)(iii) and add 
K.A.R. 47-4-14a(d)(6)(E)(iv) so that the rules would read as follows:

    (E) The state agency shall cause notice to be given to any other 
person entitled to notice under any other provisions of law, who has 
not been given notice under section (d)(6)(A), as follows:
    (iii) Notice under this subsection may include all types of 
information provided in sections (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, 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.
    (iv) The surface mining section shall also post notice of the 
hearing at their office and, where practicable, publish it in a 
newspaper of general circulation in the area of the mine at least 
seven (7) days prior to the hearing.
    Kansas proposes these revisions in response to a required 
program amendment placed on the Kansas program at 30 CFR 
916.16(b)(17) that instructed Kansas to remove the provisions that 
allowed for the holding of hearings by telephone or other electronic 
means. The required program amendment resulted from a finding 
published in a Federal Register notice dated September 13, 1991 (56 
FR 46531, 46538). The finding concluded that the proposal to conduct 
hearings by telephone or other electronic means conflicted with 
existing SMCRA and State requirements for public hearings. Id. See 
also 58 FR 32850-32851 (June 14, 1993).

    The proposed revision at K.A.R. 47-4-14a(d)(6)(E)(iii) insures, 
among other things, that the notice of an administrative hearing 
provided to non-parties will notify members of the general public where 
they may go to participate in an electronically conducted hearing. 
Moreover, the proposed language at K.A.R. 47-4-14a(d)(6)(E)(iv) 
requires the Surface Mining Section to post such notices at its office, 
so that members of the general public have access to one central 
location where they can always obtain information about upcoming 
hearings.
    The proposed language at K.A.R. 47-4-14a(d)(6)(E)(iv) also provides 
that, ``where practicable,'' the Surface Mining Section will publish 
the notice in a newspaper or general circulation in the area of the 
mine at least seven (7) days prior to the hearing. As a general rule 
this proposed 7-day publication notice is not inconsistent with SMCRA 
or the Federal rules because SMCRA does not uniformly require 
regulatory authorities to publish advance notice of all hearings. 
However, there are instances where SMCRA and other provisions of the 
Kansas program specifically require the regulatory authority to publish 
advance notice of a hearing. Moreover, in those specific instances, the 
regulatory authority is required to publish such notice more than seven 
days in advance of the hearing date. See section 513(b) of SMCRA; 30 
CFR 773.13(c)(2)(ii). See also K.A.R. 47-3-42(a)(43) (incorporating by 
reference 30 CFR 773.13).
    The Director is approving the proposed rule at K.A.R. 47-4-
14a(d)(6)(E)(iv) with the understanding that it is a general rule and 
that in any particular instance where a more specific rule of the 
Kansas program requires publication of advance notice of an 
administrative hearing, the more specific rule must take precedence 
over this proposed general rule.
    The Director finds that the proposed rules at K.A.R. 47-4-
14a(d)(6)(E) (iii) and (vi) are not inconsistent with SMCRA and the 
Federal program and is approving them. Accordingly, the Director is 
removing the required program amendment from the Kansas program and as 
codified at 30 CFR 916.16(b)(17).

5. K.A.R. 47-6-2(d) and (d)(3), Permit Revisions

    Kansas proposes to modify K.A.R. 47-6-2(d) and (d)(3) by adding the 
word ``significant'' so that the rules would read:

    (d) No application for a signficant revision shall be approved 
unless the applicant demonstrates and the regulatory authority finds 
that:
    (1) the reclamation required by the state act and the regulatory 
program can be accomplished;
    (2) applicable requirements under K.A.R. 47-3-42(a)(43) 
pertinent to the revision are met; and
    (3) the application for a significant revision complies with all 
requirements of the state act and the regulatory program.

    Prior to the proposed amendments, the State provisions at K.A.R. 
47-6-2(d) and (d)(3) were substantively similar to the counterpart 
Federal regulation at 30 CFR 774.13(c).
    The proposed revisions at K.A.R. 47-6-2-(d) and (d)(3) render the 
State provisions less effective in meeting SMCRA's requirements than 
the Federal regulation at 30 CFR 774.13(c) because, as revised, the 
State provisions would apply the approval criteria of K.A.R. 47-6-2(d) 
only to significant permit revisions. In contrast, the Federal 
regulations require that such approval criteria apply to all permit 
revisions. Therefore, the Director finds Kansas' proposed revisions at 
K.A.R. 47-6-2(d) and (d)(3) to be less effective in meeting SMCRA's 
requirements than the Federal regulation at 30 CFR 774.13(c) and is not 
approving it.

6. K.A.R. 47-9-1(c)(43) Revegetation: Standards for Success, Surface 
Mining Activities, and K.A.R. 47-9-1(d)(39) Revegetation: Standards for 
Success, Underground Mining Activities

    Kansas proposes to add a subsection (3) to 30 CFR 816/817.116(A) 
that would read:

    (3) 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 timetable for submissions shall be followed: (i) The 
planting reports including soil tests 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. Ground cover must include 
species identification. Raw field data may be submitted at this time 
to fulfill this requirement. The tabulated results will then be 
submitted by March 31 of the following year. (iii) All data must be 
clearly identified as to the bond release management area that it 
represents.

    While the Federal regulations do not provide similar detailed 
requirements regarding submission of data used for bond release, as the 
above-quoted proposed Kansas provision, in accordance with section 
505(b) of SMCRA and 30 CFR 730.11(b), the State regulatory authority 
has the discretion to impose land use and environmental controls and 
regulations on surface coal mining and reclamation operations that are 
more stringent than those imposed under SMCRA and the Federal 
regulations. Moreover, the State regulatory authority has the 
discretion to impose land use and environmental controls and 
regulations on surface coal mining and reclamation operations for which 
no Federal counterpart exists. Section 505(b) of SMCRA and 30 CFR 
730.11 dictate that such State provisions shall not be construed to be 
inconsistent with the Federal program.
    Therefore, the Director is approving Kansas' proposed revisions at 
K.A.R. 47-9-1(c)(43) and 47-9-1(d)(39).

7. K.A.R. 47-9-1(f)(2). Special Permanent Program Performance 
Standards--Operations on Prime Farmlands

    Kansas proposes to adopt by reference the Federal regulations at 30 
CFR 823.11, including 30 CFR 823.11(a) that addresses exemptions to 
prime farmland performance standards and which was previously deleted 
from the Kansas program. Kansas expressed its desire to readopt 30 CFR 
823.11(a) in its letter dated March 10, 1994.
    The Federal provision at 30 CFR 823.11(a) applies to surface and 
underground mines alike and exempts from compliance with the special 
prime farmland performance standards ``[c]oal preparation plants, 
support facilities, and roads * * * that are actively used over 
extended periods of time * * * where such uses affect a minimal amount 
of land.'' On October 1, 1984, the United States District Court for the 
District of Columbia remanded 30 CFR 823.11(a) in In re: Permanent 
Surface Mining Regulation Litigation, 21 ERC 1724, 15 ELR 20481 (D.D.C. 
1984), for two reasons. First, the Court found that OSM had failed to 
adequately consider and discuss the basic differences between 
underground and surface mining operations when it applied the exemption 
at 30 CFR 823.11(a) to surface, as well as underground, mines. Id., 21 
ERC at 1734-1735. Second, the Court found that OSM had not provided 
enough guidance regarding the scope of the exemption:

    The Secretary has provided no indication of what he considers an 
extended period of time or a minimum amount of land.

Id., 21 ERC at 1735.
    On February 21, 1985, in response to the Court's October 1, 1984, 
decision, OSM suspended 30 CFR 823.11(a) insofar as the exemption 
therein relates to facilities used in surface, as opposed to 
underground, mining (50 FR 7274, 7277). With regard to facilities used 
in underground mining, OSM stated that the exemption at 30 CFR 
823.11(a) remained applicable, but that OSM intended to propose rules 
to clarify the scope of the exemption. OSM did propose such rules on 
March 25, 1987 (52 FR 9644). However, after considering comments 
regarding the proposed rules, OSM determined that it lacked sufficient 
data to support the promulgation of a specific spatial limitation on 
the exemption (53 FR 40828, 40835 (October 18, 1988)). Therefore, OSM 
postponed rulemaking pending further study. Id. OSM stated that 
existing 30 CFR 823.11(a), as modified by the February 21, 1985, 
suspension notice, was to be retained in the interim. Id. Between the 
time OSM published proposed rules and later determined that final 
rulemaking had to be postponed to allow further study, the Court of 
Appeals for the District of Columbia, on January 29, 1988, affirmed the 
ruling of the District Court concerning the remand of 30 CFR 823.11(a). 
National Wildlife Federation v. Hodel, 839 F.2d 694, 722-723 (D.C. Cir. 
1988).
    At the present time then, 30 CFR 823.11(a) is suspended insofar as 
it relates to surface, as opposed to underground, mining. Therefore, 
Kansas' proposal to adopt 30 CFR 823.11(a), as applied to surface 
mining, is inconsistent with SMCRA, as interpreted by court decisions. 
Moreover, with regard to underground mining, the Kansas proposal is 
inconsistent with SMCRA, as interpreted by court decisions, because it 
fails to adequately explain what is an extended period of time or a 
minimal amount of land. Accordingly, the Director cannot approve the 
proposed adoption of 30 CFR 823.11(a) at K.A.R. 47-9-1(f)(2).

IV. Public and Agency Comments

Public Comments

    For a complete history of the opportunity provided for public 
comment on the proposed amendment, please refer to ``Submission of 
Amendment.'' No public comments were received.

Agency Comments

    Pursuant to 30 CFR 732.17(h)(11)(i), comments were solicited from 
the Administrator of the Environmental Protection Agency (EPA), and 
various other Federal agencies with an actual or potential interest in 
the Kansas program.
    By letter dated April 8, 1994 (Administrative Record No. KS-579), 
the Soil Conservation Service responded that it had no comment.
    By letter dated April 12, 1994 (Administrative Record No. KS-580), 
the Fish and Wildlife Service responded that it had no comment.
    Comments were also solicited from various State agencies but none 
elected to comment.

Environmental Protection Agency (EPA) Concurrence

    Pursuant to 30 CFR 732.17(h)(11)(ii), concurrence was solicited 
from the EPA for those aspects of the proposed amendment that relate to 
air or water quality standards promulgated under the authority of the 
Clean Water Act and the Clean Air Act.
    By letter dated November 2, 1993 (Administrative Record No. KS-
571), the EPA regional office in Kansas City, Kansas responded that it 
did not have any comments regarding the proposed revisions.

State Historic Preservation Officer (SHPO) and Advisory Council on 
Historic Preservation Comments (ACHP)

    30 CFR 732.17(h)(4) requires that all amendments that may have an 
effect on historic properties be provided to the SHPO and ACHP for 
comment. Comments were solicited from these offices. No comments were 
received from either SHPO or ACHP.

V. Director's Decision

    Based on the above findings, the Director is approving the proposed 
amendment submitted by Kansas on September 14, 1993, as modified on 
March 9, and March 10, 1994, with two exceptions.
    The Director is not approving proposed rules K.A.R. 47-6-2(d) and 
(d)(3), Permit revisions, as discussed in finding No. 5 and K.A.R. 47-
9-1(f)(2), Special permanent program performance standards--operations 
on prime farmlands--applicability, as discussed in finding No. 7.
    Except as noted above, the Director is approving the Kansas 
regulations with the provision that they be fully promulgated in 
identical form to the rules submitted to and reviewed by OSM and the 
public.
    The Federal regulations at 30 CFR part 916 codifying decisions 
concerning the Kansas program are being amended to implement this 
decision. This final rule is being made effective immediately to 
expedite the State program amendment process and to encourage States to 
bring their programs into conformity with the Federal standards without 
undue delay. Consistency of State and Federal standards is required by 
SMCRA.

VI. Effect of Director's Decision

    Section 503 of SMCRA provides that a State may not exercise 
jurisdiction under SMCRA unless the State program is approved by the 
Secretary. Similarly, 30 CFR 732.17(a) requires that any alteration of 
an approved State program be submitted to OSM for review as a program 
amendment. Thus, any changes to the State program are not enforceable 
until approved by OSM. The Federal regulations at 732.17(g) prohibit 
any unilateral changes to approved State programs. In the oversight of 
the Kansas program, the Director will recognize only the statutes, 
regulations, and other materials approved by OSM, together with any 
consistent implementing policies, directives, and other materials, and 
will require the enforcement by Kansas of only such provisions.

VII. Procedural Determinations

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 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.

Compliance With Executive Order 12866

    This final rule is exempted from review by the Office of Management 
and Budget under Executive Order 12866 (Regulatory Planning and 
Review).

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 of 1969 (42 U.S.C. 
4332(2)(C)).

Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by the Office of Management and Budget 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. 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. Hence, 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: May 27, 1994.
Russell F. Price,
Acting Assistant Director, Western Support Center.

    For the reasons set out in the preamble, Title 30, Chapter VII, 
subchapter T, of the Code of Federal Regulations is amended as set 
forth below:

PART 916--KANSAS

    1. The authority citation for part 916 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    2. Section 916.15 is amended by adding paragraph (o) as follows:


Sec. 916.15  Approval of regulatory program amendments.

* * * * *
    (o) With the exceptions of K.A.R. 47-6-2 (d) and (d)(3), Permit 
revisions and K.A.R. 47-9-1(f)(2), Special permanent program 
performance standards--operations on prime farmlands--applicability, 
the following revisions to the Kansas Administrative Regulations 
(K.A.R.) submitted to OSM on September 14, 1993, are approved effective 
June 3, 1994: K.A.R. 47-2-75(e)(6), State employee protection; K.A.R. 
47-4-14a(c)(7), Intervention; K.A.R. 47-4-14a(c)(11), Waiver of 
hearing; K.A.R. 47-4-14a (b), (d), and (d)(2)(F), Definitions, formal 
hearings; K.A.R. 47-4-14a(d)(6)(E) (iii) and (iv), Public hearings; 
K.A.R. 47-5-5a(a)(10), Individual civil penalties; K.A.R. 47-5-5a(b), 
(14), (15), (16), (19), and (20), Civil penalties--substitution of 
terms; K.A.R. 47-5-5a(c)(7)(C), Initial order of the presiding officer; 
K.A.R. 47-6-7(h)(2), Appeals; K.A.R. 47-9-1 (c)(17) and (d)(17), 
Blasting; K.A.R. 47-9-1 (c)(43) and (d)(39), Revegetation: standards 
for success; K.A.R. 47-9-1 (c)(46) and (d)(44), Steep slope mining; 
K.A.R. 47-15-1a, Inspection and enforcement, general citation; and 
K.A.R. 47-15-1a(b) (6), (9), and (21), Inspection and enforcement--
substitution of terms.
    3. Section 916.16 is amended by removing the text and revising the 
heading to read as follows:


Sec. 916.16  Required regulatory program amendments. [Reserved]

[FR Doc. 94-13503 Filed 6-2-94; 8:45 am]
BILLING CODE 4310-05-M