[Federal Register Volume 59, Number 174 (Friday, September 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22235]


[[Page Unknown]]

[Federal Register: September 9, 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: Interim rule.

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SUMMARY: This document reinstates a paragraph that was inadvertently 
removed and pertains to a permanent program amendment from the State of 
Kansas under the Surface Mining Control and Reclamation Act of 1977.

EFFECTIVE DATE: September 9, 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' program and program amendments 
can be found at 30 CFR 916.12, 916.15, and 916.16.

II. Submission of Amendment

    By letter dated July 10, 1989 (Administrative Record No. KS-440), 
Kansas submitted a proposed guideline titled ``Guidelines for the 
Repair of Rills and Gullies in Kansas,'' as a revision to the June 29, 
1989, amendment package. Kansas submitted the proposed guidelines for 
approval as a normal husbandry practice pursuant to SMCRA. The 
guideline that Kansas proposes will augment K.A.R. 47-9-1(c)(42), 
revegetation: Standards of success.
    During its review, OSM identified concerns it had with the 
guideline and notified Kansas of these concerns by letter dated 
September 8, 1989 (Administrative Record No. KS-445). Kansas responded 
by submitting a revised guideline on October 30, 1989 (Administrative 
Record No. KS-449). OSM published a notice in the December 1, 1989, 
Federal Register (54 FR 49773) that included announcement of receipt of 
the revised guideline and invited public comment on its adequacy 
(Administrative Record No. KS-470). The public comment period ended 
December 18, 1989. OSM published a final Federal Register notice [April 
13, 1992 (57 FR 12718)] announcing the approval of the Kansas amendment 
regarding the practice for repair of rills and gullies as normal 
husbandry practices. That final rule amended the Federal regulations at 
30 CFR part 916 codifying decisions concerning the Kansas program. 
Specifically, 30 CFR 916.15 was amended by adding a new paragraph (1).
    In subsequent rulemaking and correction notices the removal of 30 
CFR 915.16(l) resulted. These actions included: a June 14, 1993, final 
rule (58 FR 34126) that incorrectly added a new paragraph at 30 CFR 
915.16 titled (1); a subsequent correction notice to the June 14, 1993, 
rule that was published on June 22, 1993 (58 FR 33986) that corrected 
Sec. 916.15(1) (one) to Sec. 916.15(l) (the letter L) and in doing so 
replaced the original April 13, 1992 (57 FR 12718), Sec. 916.15(l) 
language with the language added in the June 14, 1993 final rule; and 
finally a correction notice dated August 30, 1993 (58 FR 45438), did 
correct the original June 14, 1993, codification from Sec. 916.15(l) to 
Sec. 916.15(n), but neglected to reinstate the April 13, 1992, codified 
language at Sec. 915.16 paragraph (l).
    Accordingly, the rule amending 30 CFR 916.15 that was published at 
(57 FR 12718) on April 13, 1992, is adopted as a final rule without 
change. The Federal Regulations at 30 CFR 916.15 codifying decisions 
concerning the Kansas program will be amended by reinstating paragraph 
(l).

V. Director's Decision

    Based on the above findings, the Director is approving the proposed 
amendment submitted by Kansas by letter dated July 10, 1989, and 
revised on October 30, 1989. 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. 
Consistency of State and Federal standards is required by SMCRA.

VI. 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. 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. 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: September 1, 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 (1) to read as 
follows:


Sec. 916.15  Approval of regulatory program amendments.

* * * * *
    (1) The procedures in ``Guidelines for the repair of rills and 
gullies in Kansas'' submitted by Kansas for approval as a normal 
husbandry practice on July 10, 1989, and revised on October 30, 1989, 
is approved September 9, 1994.
* * * * *
[FR Doc. 94-22235 Filed 9-8-94; 8:45 am]
BILLING CODE 4310-05-M