[Federal Register Volume 59, Number 233 (Tuesday, December 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29983]


[[Page Unknown]]

[Federal Register: December 6, 1994]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 950

 

Wyoming 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.

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SUMMARY: OSM is announcing receipt of a proposed amendment to the 
Wyoming regulatory program (hereinafter, the ``Wyoming program'') under 
the Surface Mining Control and Reclamation Act of 1977(SMCRA). The 
proposed amendment consists of revisions to the Land Quality Rules 
Appendix B, Wildlife Monitoring Requirements For Surface Coal Mining 
Operations. The amendment is intended to revise and Wyoming program to 
be consistent with the corresponding Federal regulations and SMCRA.

DATES: Written comments must be received by 4:00 p.m., m.s.t., January 
5, 1994. If requested, a public hearing on the proposed amendment will 
be held on January 3, 1995. Requests to present oral testimony at the 
hearing must be received by 4:00 p.m., m.s.t., on December 21, 1994.

ADDRESSES: Written comments should be mailed or hand delivered to Guy 
V. Padgett, Casper Field Office Director at the address listed below.
    Copies of the Wyoming 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 Casper Field Office.

Guy V. Padgett, Director, Casper Field Office, Office of Surface Mining 
Reclamation and Enforcement, Federal Building, Rm. 2128, 100 East ``B'' 
Street, Casper, Wyoming 82601-1918.
Dennis Hemmer, Director, Department of Environmental Quality Herschler 
Building--4th Floor West, 125 West 25th Street, Cheyenne, Wyoming 
82002, Telephone: (307) 777-7938.

FOR FURTHER INFORMATION CONTACT:
Guy V. Padgett, Telephone: 307-261-5824.

SUPPLEMENTARY INFORMATION:

I. Background on the Wyoming Program

    On November 26, 1980, the Secretary of the Interior conditionally 
approved the Wyoming program. General background information on the 
Wyoming program, including the Secretary's findings, the disposition of 
comments, and the conditions of approval of the Wyoming program can be 
found in the November 26, 1980, Federal Register (45 FR 78637). 
Subsequent actions concerning Wyoming's program and program amendments 
can be found at 30 CFR 950.11, 950.12, 950.15 and 950.16.

II. Proposed Amendment

    By letter dated November 8, 1994, Wyoming submitted a proposed 
amendment to its program pursuant to SMCRA (Wildlife Monitoring, 
administrative record No. WY-28-01). Wyoming submitted the proposed 
amendment in response to the required program amendments at 30 CFR 
950.16(aa). The provisions of Land Quality Rules that Wyoming proposed 
to reside were: Appendix B, Wildlife Monitoring Requirements For 
Surface Coal Mining Operations.
    Specifically, Wyoming proposes to revise section E, by removing the 
language ``except migrating and wintering bald eagles or migrating 
peregrine falcons.'' After numerous meetings with the U.S. Fish and 
Wildlife Service, Wyoming Game and Fish Department, representatives of 
the mining industry, and Land Quality Division biologist, the 
introductory sentence of section E is now acceptable to all 
participants.
    Section C: Raptor Production, Nest Status and Production Success of 
Appendix B was modified to satisfy concerns expressed by the U.S. Fish 
and Wildlife Service, and Wyoming Game and Fish Department. These 
agencies recommended that the required dates for conducting raptor 
surveys be changed to: ``on or before mid February.''

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 Wyoming 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 Casper 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., 
m.s.t. on December 21, 1994. The location and time of the hearing will 
be arranged with those persons requesting the hearing. 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. 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 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.

List of Subjects in 30 CFR Part 950

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: November 29, 1994.
Charles E. Sandberg,
Acting Assistant Director, Western Support Center.
[FR Doc. 94-29983 Filed 12-5-94; 8:45 am]
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