[Federal Register Volume 61, Number 183 (Thursday, September 19, 1996)]
[Proposed Rules]
[Pages 49284-49285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23941]


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DEPARTMENT OF THE INTERIOR
30 CFR Part 936

[SPATS No. OK-019-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 pertaining to a 
previously 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 revisions for 
Oklahoma's proposed amendment pertain to repair or compensation for 
material damage resulting from subsidence caused by underground coal 
mining operations and to replacement of water supplies adversely 
impacted by underground coal mining operations. The amendment is 
intended to revise the Oklahoma program to be consistent with the 
corresponding Federal regulations.

DATES: Written comments must be received by 4:00 p.m., c.d.t., October 
4, 1996.

ADDRESSES: Written comments should be mailed or hand delivered to Jack 
R. Carson, Acting Director, Tulsa Field Office 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.

Jack R. Carson, Acting Director, Tulsa Field Office, Office of Surface 
Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470, 
Tulsa, Oklahoma 74135-6547, Telephone: (918) 581-6430.
Oklahoma Department of Mines, 4040 N. Lincoln Blvd., Suite 107, 
Oklahoma City, Oklahoma 73105, Telephone: (405) 521-3859.

FOR FURTHER INFORMATION CONTACT:
 Jack R. Carson, Acting Director, Tulsa Field Office, Telephone: (918) 
581-6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Oklahoma Program
II. Discussion of the Proposed Amendment
III. Public Comment Procedures
IV. 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. Discussion of the Proposed Amendment

    By letter dated July 17, 1996 (Administrative Record No. OK-975), 
Oklahoma submitted a proposed amendment to its program pursuant to 
SMCRA. Oklahoma submitted the proposed amendment in response to a May 
20, 1996, letter (Administrative Record No. OK-976) that OSM sent to 
Oklahoma in accordance with 30 CFR 732.17(c). The provisions of the 
Oklahoma Administrative Code (OAC) that Oklahoma proposes to amend are 
OAC 460:20-3-5, Definitions; OAC 460:20-31-7, Hydrologic information; 
OAC 460:20-31-13, Subsidence control plan; OAC 460:20-45-8, Hydrologic-
balance protection; and OAC 460:20-45-47, Subsidence control.
    OSM announced receipt of the proposed amendment in the August 2, 
1996, Federal Register (61 FR 40369) and invited public comment on its 
adequacy. The public comment period ended September 3, 1996.
    During its review of the amendment, OSM identified a concern 
relating to OAC 460:20-3-5, Definitions. Oklahoma had not proposed a 
definition for ``occupied residential dwelling and structures related 
thereto.'' This definition was required in OSM's May 20, 1996, letter 
to Oklahoma. OSM notified Oklahoma of this concern by letter dated 
August 20, 1996 (Administrative Record No. 975.07). Oklahoma responded 
in a letter dated August 28, 1996 (Administrative Record No. 975.06, by 
submitting a revised amendment which contained the missing definition.
    Specifically, Oklahoma proposes to add the following definition at 
OAC 460:20-3-5.

    ``Occupied residential dwelling and structures'' means for 
purposes of 460:20-31-13 and 460:20-45-47, any building or other 
structure that, at the time the subsidence occurs, is used either 
temporarily, occasionally, seasonally, or permanently for human 
habitation. This term also includes: (A) Any building, structure or 
facility installed on, above or below, or a combination thereof, the 
land surface if that building, structure or facility is adjunct to 
or used in connection with an occupied residential dwelling. (B) 
Examples of such structures include, but are not limited: (1) 
garages; (2) storage sheds and barns; (3) greenhouses and related 
buildings; (4) utilities and cables; (5) fences and other 
enclosures; (6) retaining walls; (7) paved or

[[Page 49285]]

improved patios; (8) walks and driveways; (9) septic sewage 
treatment facilities; (10) and lot drainage and lawn and garden 
irrigation systems. (C) Any structure used only for commercial 
agricultural, industrial, retail or other commercial purposes is 
excluded.

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 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

    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

Executive Order 12866

    This proposed 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 
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 determinations as to whether this rule would have a 
significant economic impact, the Department relied upon the data and 
assumptions for the counterpart 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: June 10, 1996.
Michael C. Wolfrom,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 96-23941 Filed 9-18-96; 8:45 am]
BILLING CODE 4310-05-M