[Federal Register Volume 60, Number 114 (Wednesday, June 14, 1995)]
[Proposed Rules]
[Pages 31265-31266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14531]



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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 Wyoming Environmental 
Quality Act pertaining to procedures for providing public notice for 
coal mining permit applications. The amendment is intended to reduce 
costs to the Wyoming program and retain consistency with the 
corresponding Federal regulations and SMCRA.

DATES: Written comments must be received by 4:00 p.m., m.d.t., July 14, 
1995. If requested, a public hearing on the proposed amendment will be 
held on July 10, 1995. Requests to present oral testimony at the 
hearing must be received by 4:00 p.m., m.d.t., on June 29, 1995.

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 June 2, 1995, Wyoming submitted a proposed 
amendment to its program pursuant to SMCRA (revision to the public 
notice procedures, Administrative Record No. WY-30-01). Wyoming 
submitted the proposed amendment at its own initiative. The provision 
of Environmental Quality Act that Wyoming proposes to revise is section 
Wyoming Statute (W.S.) 35-11-406(j) [public notice procedures for 
permit applications].
    Specifically, Wyoming proposes to revise subsection (j) as follows: 
(1) By adding to the beginning of the third sentence ``[f]or initial 
applications or additions of new lands * * *;'' (2) by removing from 
the end of the third sentence the language ``* * * and to the operator 
of any oil and gas well within the permit area or, if there is no oil 
and gas well, to the lessee of record of any oil and gas lease within 
the permit area * * *; (3) by adding, prior to the last sentence, the 
sentence ``[t]he applicant shall mail a copy of the application mining 
plan map within five (5) days after first publication to the Wyoming 
oil and gas commission;'' and (4) by adding to the last sentence the 
language ``* * * sworn statement of * * *.''

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 

[[Page 31266]]
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.d.t. on June 29, 1995. 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. 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 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 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 
assumptions for the counterpart Federal regulations.

List of Subjects in 30 CFR Part 950

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: June 8, 1995.
Russell F. Price,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 95-14531 Filed 6-13-95; 8:45 am]
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