[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: 94-23828] [[Page Unknown]] [Federal Register: September 27, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 936 Oklahoma Regulatory Program ACTION: Proposed rule; reopening and extension of public comment period on proposed amendment. ----------------------------------------------------------------------- SUMMARY: OSM is announcing receipt of revisions pertaining to a previously 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 pertains to revegetation success standards and statistically valid sampling techniques, and guidelines for phase I, II, and III bond release. The amendment is intended to revise the Oklahoma program to be consistent with the corresponding Federal regulations. DATES: Written comments must be received by 4:00 p.m., c.d.t., October 12, 1994. 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 East Skelly Drive, Suite 550, Tulsa, Oklahoma 74135, Oklahoma Department of Mines, 4040 N. Lincoln Boulevard, 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 February 17, 1994, Oklahoma submitted a proposed amendment to its program pursuant to SMCRA (administrative record No. OK-959.01). Oklahoma submitted the proposed amendment in response to the required program amendments at 30 CFR 936.16 (a) through (i). Oklahoma proposed to amend the Bond Release Guidelines that are referenced in subsections 816.116(a) and 817.116(a) of the Oklahoma rules. OSM announced receipt of the proposed amendment in the March 8, 1994, Federal Register (59 FR 10770), provided an opportunity for a public hearing or meeting on its substantive adequacy, and invited public comment on its adequacy (administrative record No. OK-959.06). Because no one requested a public hearing or meeting, none was held. The public comment period ended on April 7, 1994. During its review of the amendment, OSM identified concerns with Oklahoma's proposed revisions to the Bond Release Guidelines. OSM notified Oklahoma of these concerns by letter dated May 20, 1994 (administrative record No. OK--959.10). Oklahoma responded in a letter dated July 21, 1994, by submitting a revised amendment and additional explanatory information (administrative record No. OK-959.11). OSM announced receipt of the July 21, 1994, revisions to the proposed amendment in the August 9, 1994, Federal Register (59 FR 40505) and invited public comment on its adequacy (administrative record No. OK-959.16). The public comment period closed on August 24, 1994. By letter dated September 2, 1994 (administrative record No. OK- 959.19), Oklahoma, at its own initiative in response to the U.S. Soil Conservation Service, Oklahoma State Office (SCS), August 29, 1994, comment letter (administrative record No. OK-959.18), submitted a revised amendment. Oklahoma proposes revisions to the Bond Release Guidelines in Appendices A, F, and O, concerning, respectively, the definition of ``productivity,'' the method of sampling for production on pastureland and grazingland, and the methods for calculating a technical standard for productivity on lands reclaimed for use as pastureland and grazingland. Specifically, Oklahoma proposes to revise the definition of ``productivity'' to refer to the amount of total, rather than harvestable, biomass. Also, with respect to the method of production sampling, Oklahoma proposes to (1) recommend that pastureland or grazingland with a predominance of warm season species be clipped during September or October and cool season species be clipped during May or June and (2) require that vegetation be clipped to ground level rather than within approximately two inches of ground level. Lastly, with respect to the calculation of technical standards, Oklahoma proposes (1) to require for pastureland that SCS soil productivity figures expressed in animal unit months (AUM's) be converted to pounds per acre by multiplying the AUM's by 1560 and (2) to clarify for grazingland that clipping for productivity is a direct comparison to the SCS soil productivity figures expressed in pounds per acre. III. Public Comment Procedures OSM is reopening the comment period on the proposed Oklahoma program amendment to provide the public an opportunity to reconsider the adequacy of the proposed 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 Oklahoma program. 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. 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 conterpart 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 15, 1994. Russell F. Price, Acting Assistant Director, Western Support Center. [FR Doc. 94-23828 Filed 9-26-94; 8:45 am] BILLING CODE 4310-05-M