[Federal Register Volume 60, Number 60 (Wednesday, March 29, 1995)]
[Rules and Regulations]
[Pages 16047-16051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7697]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 936


Oklahoma Regulatory Program

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

ACTION: Final rule, approval of amendment.

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SUMMARY: OSM is approving a proposed amendment to the Oklahoma 
regulatory program (hereinafter referred to as the ``Oklahoma 
program'') under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). The proposed amendment consists of recodification of 
Oklahoma's coal mining rules and revisions to the rules pertaining to 
hydrologic balance requirements for siltation structures, sedimentation 
pond storage volume, subsidence control and public notice, road 
systems, protection of underground [[Page 16048]] mining, and soil 
removal, stockpiling, and replacement requirements for prime farmland. 
Oklahoma submitted the amendment with the intent of revising its rules 
to be consistent with the corresponding Federal regulations, clarifying 
ambiguities, and improving operational efficiency.

EFFECTIVE DATE: March 29, 1995.

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. Submission of Amendment

    On September 14, 1994, Oklahoma submitted a proposed amendment to 
its program pursuant to SMCRA (30 U.S.C. 1201 et seq., administrative 
record No. OK-963). Oklahoma submitted the proposed amendment in part 
at its own initiative and in part with the intent of revising the 
Oklahoma program to be consistent with the corresponding Federal 
regulations.
    Oklahoma proposed to revise the Oklahoma Coal Rules and Regulations 
at Department of Mines/Rules and Regulations (DOM/RR) sections 816.46 
and 817.46, hydrologic balance and siltation structures; section 
823.12, prime farmland soil removal; section 823.13, prime farmland 
soil stockpiling; and section 823.14, prime farmland soil replacement. 
Oklahoma also proposed to recodify its rules in accordance with the 
standards set forth by the Oklahoma State Legislature and the Office of 
Administrative Code.
    OSM announced receipt of the proposed amendment in the September 
27, 1994, Federal Register (59 FR 49223), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (administrative record No. OK-963.03). 
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 recodified Oklahoma Administrative Code 
(OAC) 460:20-27-20(b) and 460:20-31-17(b), primary road certification 
requirements for road systems and transportation facilities. OSM also 
identified concerns with Oklahoma's proposed rule recodification 
relating to OAC 460:20-43-12(f)(8), sedimentation pond storage volume; 
OAC 460:20-43-47 and 460:20-43-48, subsidence control for surface 
mining activities; OAC 460:20-45-28, protection of underground mining; 
and various editorial and citation inconsistencies. OSM notified 
Oklahoma of the concerns by letter dated November 22, 1994 
(administrative record No. OK-963.08).
    By letter dated December 20, 1994, Oklahoma responded to the 
concerns identified in OSM's November 22, 1994, letter by submitting 
the revised amendment and additional explanatory information 
(administrative record No. OK-963.10). The provisions that Oklahoma 
proposed to revise and add were: OAC 460:20-27-20(b) and 460:20-31-
17(b), concerning the as-built requirements regarding primary road 
certification for road systems and transportation facilities; OAC 
460:20-43-12(f)(8), concerning the requirement that sediment shall be 
removed from a structure when the sediment storage volume is 80 percent 
filled; OAC 460:20-45-47 and 460:20-45-48, concerning subsidence 
control for surface mining activities; and OAC 460:20-45-28, concerning 
the protection of underground mining. Oklahoma also proposed revisions 
to and provided additional explanatory information for the 
recodification of its coal mining rules.
    Based upon the revisions to and additional explanatory information 
for the proposed program amendment submitted by Oklahoma, OSM reopened 
the public comment period in the December 30, 1994, Federal Register 
(59 FR 67694; administrative record No. OK-963.12). The public comment 
period closed on January 17, 1995.
    After the closing of the reopened comment period, OSM became aware 
that both Oklahoma's September 14, 1994, and December 20, 1994, 
amendment submittals contained a number of rule revisions that were 
previously approved by OSM on December 18, 1990 (55 FR 51902), and 
promulgated by Oklahoma on July 25, 1994. Because the previously 
approved provisions were formatted in such a manner so as to appear as 
if they were being submitted for the first time, OSM, in both the 
September 27, 1994, and December 30, 1994, Federal Register notices 
opening and reopening the public comment period, inadvertently 
identified those previously approved Oklahoma rules as being currently 
proposed revisions to the Oklahoma program. To alleviate confusion as 
to which provisions were actually unapproved when submitted to OSM for 
approval, this notice addresses only the unapproved provisions 
submitted by Oklahoma.

III. Director's Findings

    As discussed below, the Director, in accordance with SMCRA and 30 
CFR 732.15 and 732.17, finds that the proposed program amendment 
submitted by Oklahoma on September 14, 1994, and as revised by it on 
December 20, 1994, is no less effective than the corresponding Federal 
regulations. The Director approves the proposed amendment.

1. Nonsubstantive Recodification of Oklahoma's Rules

    Oklahoma, in accordance with the standards set forth by the 
Oklahoma State Legislature and the Oklahoma Office of Administrative 
Code, proposed to recodify its coal mining rules as OAC title 460, 
chapter 20, with underlying subchapters specifying the various surface 
and underground coal mining provisions.
    Oklahoma's proposed recodification of its rules is nonsubstantive 
in nature, and the Director finds that the recodification does not make 
its rules less effective than the Federal regulations. Therefore, the 
Director approves the proposed recodification. OSM uses Oklahoma's 
recodified rule citations throughout this Federal Register notice.

2. Substantive Revisions to Oklahoma's Rules That Are Substantively 
Identical to the Corresponding Provisions of the Federal Regulations

    Oklahoma proposed revisions to OAC 460:20-49-5(a)(1), 460:20-49-6, 
and 460:20-49-7(5), concerning soil removal, stockpiling, and 
replacement requirements for prime farmland, that are substantive in 
nature and contain language that is substantively identical to the 
requirements of the corresponding Federal regulations at 30 CFR 701.5, 
823.12(c)(1), and 823.14(e).
    Because these proposed Oklahoma rules are substantively identical 
to the corresponding provisions of the Federal regulations, the 
Director finds that they are no less effective than the Federal 
regulations. The Director approves these proposed 
rules. [[Page 16049]] 

3. OAC 460:20-27-20(b), 460:20-31-17(b), 460:20-43-53(1), and 460:20-
45-53(1), Primary Road Certification Requirements for Road Systems and 
Transportation Facilities

    Oklahoma proposed to revise its rules by moving the ``as-built'' 
certification requirements for primary roads from its permitting rules 
at OAC 460:20-27-20(b) and 460:20-31-17(b) to its performance standard 
rules at 460:20-43-53(1) and 460:20-45-53(1). As-built certifications 
ensure that structures are constructed as designed.
    The Federal as-built regulations at 30 CFR 816.151(a) and 
817.151(a) require, in pertinent part, that the construction or 
reconstruction of primary roads shall be certified in a report to the 
regulatory authority by a qualified, registered, professional engineer, 
or in any State which authorizes land surveyors to certify the 
construction or reconstruction of primary roads, a qualified, 
registered, professional land surveyor with experience in the design 
and construction of roads.
    Oklahoma's moving of its as-built requirements for primary roads 
from the permitting requirements of OAC 460:20-27-20(b) and 460:20-31-
17(b) to the performance standard requirements of OAC 460:20-43-53(1) 
and 460:20-45-53(1) is consistent with the as-built counterpart Federal 
regulations at 30 CFR 816.151(a) and 817.151(a), which are contained in 
the Federal road performance standards.
    The Director finds that Oklahoma's proposed revisions to OAC 
460:20-43-53(1), and 460:20-45-53(1) are no less effective than the 
Federal regulations at 30 CFR 816.151(a) and 817.151(a). The Director 
approves Oklahoma's rule revisions.

4. OAC 460:20-43-12(b)(3) and 460:20-45-12(b)(3), Certification of 
Construction of Siltation Structures by Qualified, Registered 
Professional Engineers and Land Surveyors

    At OAC 460:20-43-12(b)(3) and 460:20-45-12(b)(3), Oklahoma proposed 
to delete the references to OAC 460:20-27-14(a) and 460:20-31-9(a). 
Existing OAC 460:20-43-12(b)(3) and 460:20-45-12(b)(3) authorize both 
qualified, registered professional engineers and land surveyors in 
Oklahoma to certify the construction of siltation structures; existing 
referenced OAC 460:20-27-14(a) and 460:20-31-9(a) authorize only 
qualified, registered professional engineers to certify design plans 
for siltation structures. OSM approved these existing rules on December 
18, 1990, (finding No. 2, 55 FR 51902, 51903-4) on the basis that the 
by-laws of the Oklahoma State Board of Registration of Professional 
Engineers and Surveyors authorizes qualified, registered professional 
engineers to certify the construction and design of siltation 
structures but authorizes qualified, professional land surveyors to 
certify only the construction of siltation structures. In this 
approval, OSM found Oklahoma's rules to be no less effective than the 
corresponding Federal regulations at 30 CFR 816.46(b)(3) and 
817.46(b)(3).
    Oklahoma's proposed deletions in the construction certification 
rules at OAC 460:20-43-12(b)(3) and 460:20-45-12(b)(3) of the 
references to the design certification rules at OAC 460:20-27-14(a) and 
460:20-31-9(a) eliminate any possible confusion on what certifications 
qualified, registered professional engineers and land surveyors can 
make under the approved Oklahoma program.
    Oklahoma's proposed revisions to OAC 460:20-43-12(b)(3) and 460:20-
45-12(b)(3) deleting the references to OAC 460:20-27-14(a) and 460:20-
31-9(a) are consistent with OSM's previous approval and are no less 
effective than the Federal regulations at 30 CFR 816.46(b)(3) and 
817.46(b)(3). Accordingly, the Director approves Oklahoma's rule 
revisions.

5. OAC 460:20-43-12(f)(8), Sedimentation Pond Storage Volume

    Oklahoma proposed to revise OAC 460:20-43-12(f)(8) to delete the 
requirement that sediment be removed from a sedimentation pond when the 
sediment storage volume is 80 percent filled. It did so to be 
consistent with its rule at OAC 460:20-43(c)(1)(C)(vi) and the Federal 
regulations at 30 CFR 816.46(c)(iii)(F) that require that ponds be 
maintained to provide periodic sediment removal sufficient to maintain 
adequate volume for the design event. Oklahoma's proposed deletion of 
OAC 460:20-43-12(f)(8) alleviates the regulatory inconsistency in its 
rules with the provision at OAC 460:20-43-12(c)(1)(C)(vi) and is 
consistent with and no less effective than the Federal regulations at 
30 CFR 816.46(c)(iii)(F). Accordingly, the Director approves Oklahoma's 
proposed rule revision.

6. OAC 460:20-43-47 and 48, Subsidence Control and Public Notice

    Oklahoma proposed to revise its surface mining activities 
performance standards provisions at OAC 460:20-43-47 and 48 to add 
subsidence control and public notice measures that apply to underground 
mining activities. Oklahoma explained that it was doing so because it 
issues underground mine permits pursuant to the surface mine 
requirements included in Subchapter 43 (administrative record No. OK-
963.10).
    The Federal regulations corresponding to OAC 460:20-43-47 and 48 
are at 30 CFR 817.121 and 817.122. These Oklahoma rules include the 
same subsidence control and notice requirements as these Federal 
regulations. However, OSM notes it has proposed revisions to 30 CFR 
817.121 to comply with revisions to SMCRA made by the Energy Policy Act 
of 1992 (58 FR 50174, September 24, 1993). Once OSM promulgates new 
regulations, it will notify Oklahoma in accordance with 30 CFR 
732.17(d) of any necessary revisions to Oklahoma's program. Until such 
time the Director finds that Oklahoma's proposed subsidence control and 
notice rules at OAC 460:20-43-47 and 48 are no less effective than the 
currently promulgated regulations at 30 CFR 817.121 and 817.122. 
Therefore, the Director approves the proposed rule revisions.

7. OAC 460:20-45-28, Protection of Underground Mining

    Oklahoma proposed to revise its underground mining performance 
standards at OAC 460:20-45-28 to delete a provision regarding the 
protection of underground mining operations from the effects of surface 
mining activities. However, Oklahoma still retains in its surface 
mining performance standards at OAC 460:20-43-28 an identical 
requirement. Therefore, the Oklahoma rules still provide an identical 
level of protection to underground mining operations from the adverse 
effects of surface mining activities.
    There are no Federal underground mining regulations that correspond 
to the deleted Oklahoma rule. However, the Federal surface mining 
regulation at 30 CFR 816.79 sets forth provisions regarding the 
protection of underground mining operations from the effects of surface 
mining activities that are substantively identical to the Oklahoma 
surface mining requirements at OAC 460:20-43-28. Therefore, the 
Director finds that the proposed deletion of the underground mining 
protection provision at OAC 460-20-45-28 and retention of an identical 
provision at OAC 460:20-43-28 is no less effective than the Federal 
regulations at 30 CFR 816.79. The Director approves the proposed rule 
revision.

IV. Summary and Disposition of Comments

    The Director notes that the following public and Federal agency 
comments were received in response to the [[Page 16050]] September 27, 
1994, and December 30, 1994, proposed rule Federal Register notices 
that inadvertently identified certain previously approved Oklahoma 
rules as being currently proposed revisions to the Oklahoma program.

1. Public Comments

    OSM invited public comments on the proposed amendment, but none 
were received.

2. Federal Agency Comments

    Pursuant to 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendment from various Federal agencies with an actual or 
potential interest in the Oklahoma program (administrative record No. 
OK-963.02).
    The U.S. Army Corps of Engineers responded on September 30, 1994, 
that Oklahoma's proposed revisions were satisfactory (administrative 
record No. OK-963.04).
    The U.S. Bureau of Mines (BOM) responded on September 27, 1994, 
that while Oklahoma's proposed rule to OAC 460:20-27-14(a)(1)(A) 
deletes the reference to preparation and certification of the design of 
ponds, impoundments, banks, dams and embankments, by a ``professional 
geologist, or a qualified, registered, professional land surveyor,'' 
the proposed rule to OAC 460:20-43-12(b)(3) then adds the statement 
that siltation structure construction may be certified by a 
``registered professional land surveyor'' (administrative record No. 
OK-963.05). BOM further stated that this appears to be a contradiction 
in that in one instance, qualified, registered, professional land 
surveyors are not allowed to design the ponds, yet they are allowed to 
certify that the ponds are constructed correctly. Finally, BOM 
commented that this same contradiction occurs in OAC 460:20-45-12 for 
underground mining activities.
    As discussed in finding No. 4 and OSM's December 18, 1990, final 
rule Federal Register notice, Oklahoma's by-laws of the State Board of 
Registration for Professional Engineers and Surveyors do not authorize 
registered land surveyors in Oklahoma to prepare and/or certify 
engineered designs, but they do authorize land surveyors to certify the 
construction of siltation structures since certification that a 
structure is built according to design does not require the same 
qualified expertise as the actual design of the structure (finding No. 
2, 55 FR 51902, 51903-4). Accordingly, Oklahoma's rules at OAC 460:20-
27-14(a)(1)(A), 460:20-31-9(a)(1)(A, 460:20-43-12(b)(3), and 460:20-45-
12(b)(3) do not contradict each other.
    The U.S. Bureau of Land Management (BLM) responded on October 12, 
1994, by commenting that under OAC 460:20-45-12(b)(3), a registered 
professional land surveyor is authorized to certify that siltation 
structures are constructed as designed, but the authorization for a 
registered professional land surveyor to prepare and certify siltation 
structure plans designs has been removed elsewhere in Oklahoma's rules 
(administrative record No. OK-963.06). BLM then inquired as to whether 
OSM intended to retain the certification authorization for registered 
professional land surveyors at OAC 460:20-45-12(b)(3). In response to 
this comment, the Director refers BLM to the discussion above, which 
responds to BOM concerns regarding the same issue.
    BLM further commented that it questioned the practicality of the 
change under the prime farmland soil removal rule at OAC 460:20-49-
5(a)(1) where Oklahoma proposed to delete language that would have 
allowed surface coal mining and reclamation operations on prime 
farmland to remove other suitable soil materials which will create a 
final soil having productive capacity equal to that which existed prior 
to mining.
    BLM commented that when soil is removed, stockpiled, and reapplied 
there is some loss and mixing due to the limitations of the handling 
process itself. When soil is removed and stockpiled there is a 
mycorrhyzal degradation within the soil. Further, more significant 
mycorrhyzal degradation occurs over time within the stockpile. 
Mycorrhyzal degradation lowers soil productivity. BLM also stated that 
expecting greater productivity from soil which has undergone such 
disturbance is not reasonable and that it would be more productive for 
the guidelines to recommend seeding topsoil piles with a temporary 
cover grass for the duration of stockpiling. Finally, BLM commented 
that such seeding would maintain some of the mycorrhyzal community 
within the stockpiled topsoil.
    The Director acknowledges BLM's concerns regarding diminished soil 
productivity. However, section 515(b)(7)(A) of SMCRA requires, in 
pertinent part, that ``[f]or all prime farm lands * * * the operator 
shall, as a minimum, be required to * * * segregate the A horizon of 
the natural soil, except where it can be shown that other available 
soil materials will create a final soil having a greater productivity 
capacity * * *'' (emphasis added). Also, the corresponding Federal 
regulations at 30 CFR 823.12(c)(1) require, in pertinent part, that 
``[s]oil removal and stockpiling operations on prime farmland shall be 
conducted to * * * remove other suitable soil materials where such 
other soil materials will create a final soil having a greater 
productive capacity than that which exist prior to mining'' (emphasis 
added). OSM previously approved Oklahoma's rule revision in the 
December 18, 1990, final rule Federal Register notice (55 FR 51902, 
51903), as being substantively identical to the corresponding 
provisions of the Federal regulations at 30 CFR 823.12(c)(1). 
Accordingly, Oklahoma's deletion of the aforementioned phrase ``an 
equal or'' is no less stringent than section 515(b)(7)(A) of SMCRA and 
no less effective than the corresponding Federal regulations at 30 CFR 
823.12(c)(1).
    In addition, the Director notes that the State and Federal 
requirements that a final soil have a greater productive capacity than 
that which existed prior to mining applies only to topsoil substitutes, 
and not the original topsoil material. Finally, the Director refers BLM 
to the Federal regulations at 30 CFR 816.22(c)(2)(iii), which require, 
in pertinent part, that ``[s]tockpiled topsoil materials shall be 
protected from wind and water erosion through prompt establishment and 
maintenance of an effective, quick growing vegetative cover or through 
other measures approved by the regulatory authority.'' Oklahoma's 
counterpart rule at OAC 460:20-43-7(c)(2)(C) is substantively identical 
to 30 CFR 816.22(c)(2)(iii). While OSM cannot dictate that Oklahoma 
always require operators to seed topsoil, by virtue of the fact that 
nearly all operators in Oklahoma do seed topsoil, BLM's recommendation 
for seeding topsoil piles is almost always implemented in Oklahoma.

3. Environmental Protection Agency (EPA) Concurrence and Comments

    Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to solicit 
the written concurrence of EPA with respect to those provisions of the 
proposed program amendment that relate to air or water quality 
standards promulgated under the authority of the Clean Water Act (33 
U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).
    None of the revisions that Oklahoma proposed to make in its 
amendment pertain to air or water quality standards. Therefore, OSM did 
not request EPA's concurrence.
    Pursuant to 30 CFR 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendment from EPA (administrative record No. OK-963.02). It 
responded on October 13, 1994, that [[Page 16051]] it had no objections 
to the approval of Oklahoma's proposed regulations (administrative 
record No. OK-963.07).

4. State Historic Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP)

    Pursuant to 30 CFR 732.17(h)(4), OSM solicited comments on the 
proposed amendment from the SHPO and ACHP (administrative record No. 
OK-963.02). Neither SHPO nor ACHP responded to OSM's request.

V. Director's Decision

    Based on the above findings, the Director approves Oklahoma's 
proposed amendment as submitted on September 14, 1994, and as revised 
on December 20, 1994.
    The Director approves, as discussed in: Finding No. 1, concerning 
Oklahoma's proposed recodification of its coal mining rules; finding 
No. 2, OAC 460:20-49-5(a)(1), 460:20-49-6, and 460:20-49-7(5), 
concerning soil removal, stockpiling, and replacement requirements for 
prime farland; finding No. 3, OAC 460:20-27-20(b), 460:20-31-17(b), 
460:20-43-53(1), and 460:20-45-53(1), concerning primary road 
certification requirements for road systems and transportation 
facilities; finding No. 4, OAC 460:20-43-12(b)(3) and 460:20-45-
12(b)(3), concerning certification of construction of siltation 
structures by qualified, registered professional engineers and land 
surveyors; finding No. 5, OAC 460:20-43-12(f)(8), concerning 
sedimentation pond storage volume; finding No. 6, OAC 460:20-43-47 and 
-48, concerning subsidence control and public notice; and finding No. 
7, OAC 460:20-45-28, concerning protection of underground mining.
    The Director approves the rules as proposed by Oklahoma with the 
provision that they be fully promulgated in identical form to the rules 
submitted to and reviewed by OSM and the public.
    The Federal regulations at 30 CFR Part 936, codifying decisions 
concerning the Oklahoma program, are being amended to implement this 
decision. This final rule is being made effective immediately to 
expedite the State program amendment process and to encourage States to 
bring their programs into conformity with the Federal standards without 
undue delay. Consistency of State and Federal standards is required by 
SMCRA.

VI. Procedural Determinations

1. Executive Order 12866

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12886 (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 1255) 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 of 1969 (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 which 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 936

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 25, 1995.

Charles E. Sandberg,

Acting Assistant Director, Western Support Center.

    For the reasons set out in the preamble, Title 30, Chapter VII, 
Subchapter T of the Code of Federal Regulations is amended as set forth 
below:

PART 936--OKLAHOMA

    1. The authority citation for Part 936 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    2. Section 936.15 is amended by adding paragraph (p) to read as 
follows:

Sec. 936.15  Approval of amendments to the Oklahoma regulatory program.

* * * * *

    (p) Recodification of Oklahoma's rules and revisions to the 
following provisions of Oklahoma's recodified rules, as submitted to 
OSM on September 14, 1994, and as revised on December 20, 1994, are 
approved effective March 29, 1995:

OAC 460:20-43-12(b)(3) and 460:20-45-12(b)(3), certification of 
construction of siltation structures by qualified, registered 
professional engineers and land surveyors;

OAC 460: 20-43-12(f)(8), sedimentation pond storage volume;

OAC 460: 20-43-47 and 48, subsidence control for surface mining 
activities;

OAC 460: 20-43-53(1) and 460:20-45-53(1), primary road certification 
requirements for road systems and transportation facilities;

OAC 460: 20-45-28, protection of underground mining; and

OAC 460: 20-49-5(a)(1), 460: 20-49-6, and 460:20-49-7(5), soil removal, 
soil stockpiling, and soil replacement requirements for prime farmland.

[FR Doc. 95-7697 Filed 3-28-95; 8:45 am]

BILLING CODE 4310-05-M