[Federal Register Volume 60, Number 176 (Tuesday, September 12, 1995)]
[Proposed Rules]
[Pages 47314-47316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22516]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 916

[SPATS No. KS-016-FOR]


Kansas Regulatory Program

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing.

-----------------------------------------------------------------------

[[Page 47315]]


SUMMARY: OSM is announcing receipt of a proposed amendment to the 
Kansas regulatory program (hereinafter the ``Kansas program'') under 
the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The 
proposed amendment consists of modifications to the Kansas revegetation 
guidelines pertaining to requirements for determining the productivity 
success of trees and shrubs. The amendment is intended to improve 
operational efficiency.

DATES: Written comments must be received by 4:00 p.m., c.d.t., October 
12, 1995. If requested, a public hearing on the proposed amendment will 
be held on October 10, 1995. Requests to speak at the hearing must be 
received by 4:00 p.m., c.d.t., on September 27, 1995.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Mr. Robert L. Markey, Acting Director, 
Kansas City Field Office, at the first address listed below.
    Copies of the Kansas program, the proposed amendment, a listing of 
any scheduled public hearings, 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 Kansas City Field Office.

Robert L. Markey, Acting Director, Kansas City Field Office, Office of 
Surface Mining Reclamation and Enforcement, 934 Wyandotte Street, Room 
500, Kansas City, Missouri, 64105, Telephone: (816) 374-6405.
Kansas Department of Health and Environment, Bureau of Environmental 
Remediation, Surface Mining Section, 1501 South Joplin, P.O. Box 1418, 
Pittsburg, Kansas 66762, Telephone (316) 231-8615.

FOR FURTHER INFORMATION CONTACT:
Mr. Robert L. Markey, Acting Director, Kansas City Field Office, 
Telephone: (816) 374-6405.

SUPPLEMENTARY INFORMATION:

I. Background on the Kansas Program

    On January 21, 1981, the Secretary of the Interior conditionally 
approved the Kansas program. Background information on the Kansas 
program, including the Secretary's findings, the disposition of 
comments, and the conditions of approval can be found in the January 
21, 1981 Federal Register (46 FR 5892). Subsequent actions concerning 
the Kansas program and program amendments can be found at 30 CFR 
916.12, 916.15, and 916.16.

II. Discussion of the Proposed Amendment
    By letter dated August 9, 1995 (Administrative Record No. KS-600), 
Kansas submitted a proposed amendment to its program pursuant to SMCRA. 
Kansas submitted the proposed amendment at its own initiative. Kansas 
proposes to modify its requirements for determining the productivity 
success of trees and shrubs by amending its approved revegetation 
guidelines entitled ``Revegetation Standards for Success and 
Statistically Valid Sampling Techniques for Measuring Revegetation 
Success'' to include an alternative sampling method for determining 
woody stem density.
    Specifically, Kansas proposed the following alternative sampling 
method for woody stems.

Woody Stem Density

    The Permittee shall use success standards developed in joint 
cooperation between the Kansas Department of Wildlife and Parks 
(KDWP), USDA-Soil Conservation Service (USDA-SCS), Kansas State 
University--Forestry Extension (KSU), the Operator and the SMS. The 
productivity success is determined by the success of the trees and 
shrubs. The Permittee will be required to utilize one of two 
sampling techniques, 100 percent count or 1/50 acre sampling 
circles. All data must be collected in a statistically valid manner. 
Where the stocking density for the permit has been set at less than 
300 stems per acre and less than 10 acres, a 100% stem count is 
required. Where the stocking density exceeds 300 stems per acre on 
10 acres or more, a 1/50 acre sampling circle may be used as 
described below.

Stem Density Sampling Techniques

    The sampling circle will be a round area one-fiftieth (1/50) of 
an acre in size (16.7 feet in radius). The Permittee will establish 
a sampling circle at each of the randomly selected sampling points, 
such that the center of the sampling circle is the random point.
    The stem density data is collected as follows:
    (1) The sampling circle may be drawn by attaching a 16.7 foot 
string to a stake fixed at the random point and then sweeping the 
end of the string (tightly stretched) in a circle around the stake;
    (2) All living trees and shrubs within each of the sampling 
circles are counted and recorded by species. Shrubs or trees rooted 
within the sampling circle are counted; those rooted outside of the 
sampling circle are not included in the sample. To count as living, 
the tree or shrub must be alive, healthy, and been in place for at 
least two years; and
    (3) Continue sampling randomly selected points until sample 
adequacy is met. Individual sampling circle values summarized by 
species are used for statistical analysis.

Calculation of Stem Density

    The total stem density per acre is calculated as follows: D=S 
divided by N times 50.

D=Total Stem Density per Acre.
S=Total Number of Stems Counted.
N=Total Number of Sample Points.

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 Kansas program.
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 Kansas City Field Office 
will not necessarily be considered in the final rulemaking or included 
in the Administrative Record.

Public Hearing

    Persons wishing to speak at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., 
c.d.t., on September 27, 1995. The location and time of the hearing 
will be arranged with those persons requesting the hearing. If no one 
requests an opportunity to speak 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 speak have been heard. Persons in the audience who 
have not been scheduled to speak, and who wish to do so, will be heard 
following those who have been scheduled. The hearing will end after all 
persons scheduled to speak and persons present in the audience who wish 
to speak have been heard.
    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.

Public Meeting

    If only one person requests an opportunity to speak at a hearing, a 


[[Page 47316]]
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

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).

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, to the extent allowed by law, 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 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.

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)).

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.).

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 916

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: August 24, 1995.
Russell Frum,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 95-22516 Filed 9-11-95; 8:45 am]
BILLING CODE 4310-05-M