[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]


30 CFR Part 936


Oklahoma Regulatory Program

agency: Office of Surface Mining Reclamation and Enforcement (OSM), 

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 

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) 

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 

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. 

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]