[Federal Register Volume 59, Number 186 (Tuesday, September 27, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-23822] [[Page Unknown]] [Federal Register: September 27, 1994] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR 30 CFR Part 936 Oklahoma 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. ----------------------------------------------------------------------- summary: OSM is announcing receipt of a proposed amendment to the Oklahoma regulatory program (hereinafter, the ``Oklahoma program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of revisions to rules pertaining to the Small Operator Assistance Program (SOAP). The amendment is intended to revise the Oklahoma program to be consistent with SMCRA and the corresponding Federal regulations. dates: Written comments must be received by 4:00 p.m., c.d.t., October 27, 1994. If requested, a public hearing on the proposed amendment will be held on October 24, 1994. Requests to present oral testimony at the hearing must be received by 4:00 p.m., c.s.t., October 12, 1994. Any disabled individual who has need for a special accommodation to attend a public hearing should contact the individual listed 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 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 amendment by contacting OSM's Tulsa Field Office. James H. Moncrief, Director, Tulsa Field Office, Office of Surface Mining Reclamation and Enforcement, 5100 E. Skelly Drive, Suite 550, Tulsa, Oklahoma 74135 Oklahoma Department of Mines, 4040 N. Lincoln Blvd., Suite 107, Oklahoma City, Oklahoma 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 September 14, 1994, Oklahoma submitted a proposed amendment to its program pursuant to SMCRA (administrative record No. OK-964). Oklahoma submitted the proposed amendment at its own initiative. The SOAP provisions of the Oklahoma Coal Rules and Regulations that Oklahoma proposes to revise are: Section 795.6, eligibility for assistance; Part 795.9, program services and data requirements; and Sec. 795.12, applicant liability. Specifically, Oklahoma proposes to revise its rules pertaining to an applicant's eligibility for SOAP assistance at Sec. 795.6(a)(2) by requiring the applicant to establish that the probably total actual and attributed production from all locations during any consecutive 12- month period either during the term of the permit or during the first 5 years after issuance of the permit, whichever period is shorter, will not exceed 300,000 tons and at Sec. 795.6(a)(2)(iv) to require that attributed production will include all coal produced by operations owned by members of the applicant's family and the applicant's relatives, unless it is established that there is no direct or indirect business relationship between or among them. Oklahoma proposes to revise its rules pertaining to the kinds of data collected and the results furnished to the SOAP program administrator at (1) Section 795.9(b)(2) to include the geologic drilling and the statement of the results of test borings or core samplings for the proposed permit area; (2) Section 795.9(b)(3) to include the collection of archeological information required by section 779.12(b) and any other archeological and historical information required by the regulatory authority, and the preparation of plans necessitated thereby; (3) Section 795.9(b)(4) to include the collection of site-specific resource information and production of protection and enhancement plans for fish and wildlife habitats and other environmental values required by the regulatory authority under Sec. 780.16 and any other applicable regulations; (4) Section 795.9(3)(5) to include pre-blast surveys if requested under Sec. 816.62(b); and (5) Section 795.9(3)(6) to include the development of cross-section maps and plans required under Sec. 779.25. Oklahoma proposes to revise its rules pertaining to the applicant's liability at Secs. 795.12(a) (2) and (3) to provide that the applicant shall reimburse the Department of Mines (Department) for the cost of SOAP laboratory services performed pursuant to Part 795 if the program administrator finds that the applicant's actual and attributed annual production of coal for all locations exceeds 300,000 tons during any consecutive 12-month period either during the term of the permit for which assistance is provided or during the first 5 years after issuance of the permit, whichever period is shorter, or if the permit is sold, transferred, or assigned to another person and the transferee's total annual and attributed production exceeds the 300,000-ton annual production limit during any consecutive 12-month period of the remaining term of the permit. 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. 1. 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. 2. Public Hearing Persons wishing to testify at the public hearing should contact the person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., c.d.t., October 12, 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. 3. 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 that 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. V. List of Subjects in 30 CFR Part 936 Intergovernmental relations, Surface mining, Underground mining. Dated: September 21, 1994. Russell F. Price, Acting Assistant Director, Western Support Center. [FR Doc. 94-23822 Filed 9-26-94; 8:45 am] BILLING CODE 4310-05-M