[Federal Register Volume 62, Number 111 (Tuesday, June 10, 1997)]
[Proposed Rules]
[Pages 31541-31543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15009]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 925
[SPATS No. MO-032-FOR]
Missouri 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 to a previously
proposed amendment to the Missouri Regulatory program (hereinafter
referred to as the ``Missouri program'') under the Surface Mining
Control and Reclamation Act of 1977 (SMCRA). The proposed amendment
consists of revisions to Missouri's revegetation success guidelines.
Missouri is proposing to withdraw the portion of its proposed amendment
pertaining to the use of county average yields for determining prime
farmland revegetation success and to revise the portion of its proposed
amendment pertaining to special requirements for ground cover density
on previously mined areas reclaimed to a pasture land use. The
amendment is intended to revise the Missouri program to be consistent
with the corresponding Federal regulations.
DATES: Written comments must be received by 4:00 p.m., c.d.t., June 25,
1997.
[[Page 31542]]
ADDRESSES: Written comments should be mailed or hand delivered to
Russell W. Frum, Mid-Continent Regional Coordinating Center, at the
address listed below.
Copies of the Missouri 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 Mid-Continent Regional Coordinating Center.
Russell W. Frum, Mid-Continent Regional Coordinating Center, Office of
Surface Mining Reclamation and Enforcement, Alton Federal Building, 501
Belle Street, Alton, Illinois, 62002, Telephone: (618) 463-6460
Missouri Department of Natural Resources, Land Reclamation Program, 205
Jefferson Street, P.O. Box 176, Jefferson City, Missouri 65102,
Telephone: (573) 751-4041.
FOR FURTHER INFORMATION CONTACT:
Russell W. Frum, Mid-Continent Regional Coordinating Center, Telephone:
(618) 463-6460.
SUPPLEMENTARY INFORMATION:
I. Background on the Missouri Program
On November 21, 1980, the Secretary of the Interior conditionally
approved the Missouri program. General background information on the
Missouri program, including the Secretary's findings, the disposition
of comments, and the conditions of approval of the Missouri program can
be found in the November 21, 1980, Federal Register (45 FR 77017).
Subsequent actions concerning Missouri's program and program amendments
can be found at 30 CFR 925.12, 925.15, and 925.16.
II. Discussion of the Proposed Amendment
By letter dated April 16, 1997 (Administrative Record No. MO-649),
Missouri submitted a proposed amendment to its program pursuant to
SMCRA. Missouri submitted the proposed amendment at its own initiative.
Missouri proposed to amend its revegetation success guidelines by
adding procedures to allow for the use of county average yields when
determining how the production on reclaimed prime farmland compares to
the production on unmined prime farmland and by referencing the special
requirements for ground cover density on previously mined areas in each
land use section of the guidelines.
OSM announced receipt of the proposed amendment in the April 29,
1997, Federal Register (62 FR 23194) and invited public comment on its
adequacy. The public comment period ended May 29, 1997.
By letter dated May 29, 1997 (Administrative Record No. MO-5649.3),
Missouri proposed the following revisions to its April 16,1 997,
proposed amendment.
1. Phase II/III Revegetation Success Standards for Prime Farmland
Missouri proposed to withdraw the revisions to its revegetation
success guidelines for phase II/III revegetation success standards for
prime farmland at section II.C.5 and new Appendix N pertaining to the
option and procedures for using county average yields when determining
how the production on reclaimed prime farmland compares to the
production on unmined prime farmland.
2. Phase III Revegetation Success Standards for Pasture
Missouri previously proposed to require the permittee to establish
a minimum ground cover density of 90 percent on previously mined areas
reclaimed to a land use of pasture if the premining use was not pasture
or the premining ground cover density was not recorded before
redisturbance. In its letter dated May 29, 1997, Missouri proposed to
change the minimum ground cover density for this requirement to 70
percent.
III. Public Comment Procedures
OSM is reopening the comment period on the proposed Missouri
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 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 Missouri
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 Mid-Continent Regional
Coordinating Center 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.
[[Page 31543]]
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.
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 925
Intergovernmental relations, Surface mining, Underground mining.
Dated: June 2, 1997.
Deborah Watford,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 97-15009 Filed 6-9-97; 8:45 am]
BILLING CODE 4310-05-M