[Federal Register Volume 59, Number 250 (Friday, December 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32176]


[[Page Unknown]]

[Federal Register: December 30, 1994]


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DEPARTMENT OF THE INTERIOR
30 CFR Part 936

[OK-014-FOR]

 

Oklahoma Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.

ACTION: Proposed rule; reopening and extension of public comment period 
on proposed amendment.

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SUMMARY: OSM is announcing receipt of revisions and additional 
explanatory information 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 revisions and additional explanatory information for 
Oklahoma's proposed rules pertain to the Small Operator Assistance 
Program. 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.s.t. January 
17, 1995.

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 with the intention of revising the Oklahoma program to be 
consistent with the corresponding Federal regulations.
    Oklahoma proposed to revise the Oklahoma Coal Rules and Regulations 
at Oklahoma Administrative Code (OAC) 460:20-35-3, eligibility for 
assistance; OAC 460:20-35-6, program services and data requirements; 
and OAC 460:20-35-7, applicant liability.
    OSM announced receipt of the proposed amendment in the September 
27, 1994 Federal Register (59 FR 49225), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (administrative record No. OK-964.03). 
Because no one requested a public hearing or meeting, none was held. 
The public comment period ended on October 27, 1994.
    During its review of the amendment, OSM identified concerns 
relating to the provisions of Oklahoma's rules at OAC 460:20-35-
3(a)(2), percentage of ownership and control of the SOAP applicant; OAC 
460:20-35-6 (a) and (b), extension of SOAP funding to other program 
services and requirements for collection of specific kinds of data; and 
OAC 460:20-35-7, liability periods. OSM notified Oklahoma of the 
concerns by letter dated November 22, 1994 (administrative record No. 
OK-964.09). Oklahoma responded in a letter dated December 20, 1994, by 
submitting a revised amendment and additional explanatory information 
(administrative record No. OK-964.11).
    Oklahoma proposes to revise OAC 460:20-35-1, definitions, by adding 
the requirement that the qualified laboratory prepare the other 
services specified at OAC 460:20-35-6; OAC 460:20-35-3(a)(2), 
eligibility for assistance, by requiring that attributable production 
includes, among other things, production from operations in which the 
applicant owns more than a 10 percent interest and other operations of 
persons who own more than 10 percent of the applicant's operation; OAC 
460:20-35-6, program services and data requirements, by adding the 
requirement that the program administrator select and pay a qualified 
laboratory to, in addition to performing specific services, provide 
other services for eligible operators who request assistance, and by 
adding references to require the collection of specific data and 
results provided; and OAC 460:20-35-7, applicant liability, by 
requiring reimbursement for the cost of SOAP services (1) If the 
applicant's production exceeds the allowable tonnage amount during the 
12-month period immediately following the issuance of the permit for 
which assistance is provided, or, (2) if the permit is sold, 
transferred, or assigned, the transferee's production exceeds the 
allowable tonnage amount during the 12-month period immediately 
following the issuance of the permit.

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 
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 
assumption for the counterpart Federal regulations.

V. List of Subjects in 30 CFR Part 936

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: December 23, 1994.
Charles E. Sandberg,
Acting Assistant Director, Western Support Center.
[FR Doc. 94-32176 Filed 12-29-94; 8:45 am]
BILLING CODE 4310-05-M