[Federal Register Volume 61, Number 143 (Wednesday, July 24, 1996)]
[Rules and Regulations]
[Pages 38381-38382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18611]


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DEPARTMENT OF THE INTERIOR
30 CFR Part 936

[SPATS No. OK-018-FOR]


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). Oklahoma proposed to recodify and reinstate regulations 
pertaining to an exemption for coal extraction incidental to 
government-financed or other construction. The amendment is intended to 
revise the Oklahoma program to be consistent with the corresponding 
Federal regulations.

EFFECTIVE DATE: July 24, 1996.

FOR FURTHER INFORMATION CONTACT:
Jack R. Carson, Acting Director, Tulsa Field Office, Office of Surface 
Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470, 
Tulsa, Oklahoma 74135-6548, Telephone: (918) 581-6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Oklahoma Program
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations

I. Background on the Oklahoma Program

    On January 19, 1981, the Secretary of the Interior conditionally 
approved the Oklahoma program. Background information on the Oklahoma 
program, including the Secretary's findings, the disposition of 
comments, and the conditions of approval can be found in the January 
19, 1981, Federal Register (46 FR 4902). Subsequent actions concerning 
the conditions of approval and program amendments can be found at 30 
CFR 936.15 and 936.16.

II. Submission of the Proposed Amendment

    By letter dated April 26, 1996 (Administrative Record No. OK-974), 
Oklahoma submitted a proposed amendment to its program pursuant to 
SMCRA. Oklahoma submitted the proposed amendment at its own initiative. 
Oklahoma, in accordance with the standards set forth by the Oklahoma 
State Legislature and the Oklahoma Office of Administrative Code, 
proposed to recodify and reinstate regulations pertaining to an 
exemption for coal extraction incidental to government-financed or 
other construction at Oklahoma Administrative Code (OAC) 460, Chapter 
20, Subchapter 6 as follows: OAC 460:20-6-1, Purpose; 460:20-6-2, 
Responsibility; 460:20-6-3, Definitions; 460:20-6-4, Applicability; and 
460:20-6-5, Information to be maintained on site. These regulations 
were previously codified as Part 707, and they were inadvertently 
omitted from the Oklahoma program during Oklahoma's promulgation of its 
regulations after a previous rulemaking.
    OSM announced receipt of the proposed amendment in the May 21, 
1996, Federal Register (61 FR 25426), and in the same document opened 
the public comment period and provided and opportunity for a public 
hearing on the adequacy of the proposed amendment. The public comment 
period closed on June 20, 1996.

III. Director's Findings

    Set forth below, pursuant to SMCRA and the Federal regulations at 
30 CFR 732.15 and 732.17, are the Director's findings concerning the 
proposed amendment.

OAC 460:20-6-1 through 460:20-6-5  Exemption for Coal Extraction 
Incidental to Government-Financed or Other Construction

    The proposed regulations contain language that is substantively 
identical to the provisions of the corresponding Federal regulations 
shown in brackets. OAC 460:20-6-1 [30 CFR 707.1] specifies the purpose 
of the regulations as establishing procedures for determining those 
surface coal mining and reclamation operations that meet the exemption 
criteria for coal extraction as an incidental part of government-
financed construction. OAC 460:20-6-2 [30 CFR 707.4] sets out the 
State's responsibility for enforcing the requirements of the 
regulations. It also provides that persons conducting coal extraction 
as an incidental part of government-financed construction are 
responsible for keeping specified documentation on the site of the 
extraction operation. OAC 460:20-6-3 [30 CFR 707.5] contains 
definitions for the terms ``Extraction of coal as an incidental part''; 
``Government financing agency''; and ``Government-financed 
construction.'' OAC 460:20-6-4 [30 CFR 707.11] specifies that a permit 
must be obtained unless the coal extraction is an incidental part of 
government-financed construction. OAC 460:20-6-5 [30 CFR 707.12] 
specifies the information that must be maintained on the site of the 
extraction operation.
    Because the proposed regulations are identical in meaning to the 
corresponding Federal regulations, the Director finds that they are no 
less effective than the Federal regulations. Therefore, the Director is 
approving the

[[Page 38382]]

proposed recodification and reinstatement of Oklahoma's regulations at 
OAC 460:20-6-1 through 460:20-6-5.

IV. Summary and Disposition of Comments

Public Comments

    The Director solicited public comments and provided an opportunity 
for a public hearing on the proposed amendment. No public comments were 
received, and because no one requested an opportunity to speak at a 
public hearing, no hearing was held.

Federal Agency Comments

    Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited 
comments on the proposed amendment from various Federal agencies with 
an actual or potential interest in the Oklahoma program. No comments 
were received.

Environmental Protection Agency (EPA)

    Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the 
written concurrence of the 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 this amendment 
pertain to air or water quality standards. Therefore, OSM did not 
request EPA's concurrence.
    Pursuant to 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendment form EPA (Administrative Record No. OK-974.02). EPA 
did not respond to OSM's request.

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

    Pursuant to 30 CFR 732.17(h)(4), OSM is required to solicit 
comments on proposed amendments which may have an effect on historic 
properties from the SHPO and ACHP. OSM solicited comments on the 
proposed amendment from the SHPO and ACHP (Administrative Record No. 
OK-974.02). Neither SHPO nor ACHP responded to OSM's request.

V. Director's Decision

    Based on the above findings, the Director approves the proposed 
amendment as submitted by Oklahoma on April 26, 1996.
    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

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 12988

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 (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 
corresponding 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 corresponding Federal regulations.

Unfunded Mandates

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 936

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: July 3, 1996.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.

    For the reasons set out in the preamble, 30 CFR Part 936 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 (r) to read as 
follows:


Sec. 936.15   Approval of regulatory program amendments.

 * * * * *
    (r) The additions of OAC 460:20-6-1 through 460:20-6-5 to the 
Oklahoma Coal Rules and Regulations, concerning an exemption for coal 
extraction incidental to government-financed or other construction as 
submitted to OSM on April 26, 1996, are approved effective July 24, 
1996.

[FR Doc. 96-18611 Filed 7-23-96; 8:45 am]
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