[Federal Register Volume 63, Number 12 (Tuesday, January 20, 1998)]
[Proposed Rules]
[Pages 2916-2919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1216]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 916

[SPATS No. KS-017-FOR]


Kansas Regulatory Program and Abandoned Mine Land Reclamation 
Plan

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 Kansas regulatory program 
(hereinafter referred to as the ``Kansas program'') under the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA). The revisions for 
Kansas's proposed rules pertain to definitions; application for mining 
permit; civil penalties; permit transfers, assignments, and sales; 
termination of jurisdiction; exemption for coal and extraction incident 
to government-financed highway or other construction; exemption for 
coal extraction incident to the extraction of other minerals; coal 
exploration; bonding procedures; performance standards; eligible lands 
and water; liens; contractor responsibility;

[[Page 2917]]

exclusion of certain noncoal reclamation sites; and reports. The 
amendment is intended to revise the Kansas program to be consistent 
with the corresponding Federal regulations.

DATES: Written comments must be received by 4:00 p.m., c.s.t. February 
4, 1998.

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 Kansas 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 
contracting 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, IL 62002, Telephone: (618) 463-6460.
    Kansas Department of Health and Environment, Surface Mining 
Section, 4033 Parkview Drive, Frontenac, KS 66763, Telephone (316) 231-
8540.

FOR FURTHER INFORMATION CONTACT: Russell W. Frum, Mid-Continent 
Regional Coordinating Center, Telephone: (618) 463-6460.

SUPPLEMENTARY INFORMATION:

I. Background on the Kansas Program

    The Secretary of the Interior conditionally approved the Kansas 
regulatory program on January 21, 1981, and the Kansas abandoned mine 
land reclamation plan on February 1, 1982. General background 
information on the Kansas regulatory program and the Kansas abandoned 
mine land reclamation plan, 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) and the February 1, 
1982, Federal Register (47 FR 4513), respectively. Subsequent actions 
concerning Kansas' program and program amendments can be found at 30 
CFR 916.10, 916.12, 916.15, 916.16, 916.20, and 916.25.

II. Discussion of the Proposed Amendment

    By letter dated May 7, 1997 (Administrative Record No. KS-615), 
Kansas submitted a proposed amendment to its program pursuant to SMCRA. 
Kansas submitted the proposed amendment in response to letters dated 
May 20, 1996, and January 6, 1997 (Administrative Record Nos. KS-608 
and KS-612, respectively) that OSM sent to Kansas in accordance with 30 
CFR 732.17(c) and in response to a letter dated September 26, 1994 
(Administrative Record No. AML-KS-169), that OSM sent to Kansas in 
accordance with 30 CFR 884.25(b). Kansas also proposed changes to its 
regulations at its own initiative. The provisions of the Kansas 
Administrative Regulations (K.A.R.) that Kansas proposes to amend are: 
K.A.R. 47-1-1, title of rules; K.A.R. 47-1-3, communication; K.A.R. 47-
1-4, sessions; K.A.R. 47-1-8, petitions to initiate rulemaking; K.A.R. 
47-1-9, notice of citizen suits; K.A.R. 47-1-10, general notice 
requirement; K.A.R. 47-1-11, permittee--preparation and submission of 
reports; K.A.R. 47-2-14, definition of complete and accurate 
application; K.A.R. 47-2-21, definition of employee; K.A.R. 47-2-53, 
definition of regulatory authority; K.A.R. 47-2-53a, definition of 
regulatory program; K.A.R. 47-2-58, definition of significant, 
imminent, environmental harm to land, air or water resources; K.A.R. 
47-2-64, definition of state act; K.A.R. 47-2-67, definition of surety 
bond; K.A.R. 47-2-74, definition of public road; K.A.R. 47-2-75, 
definitions--adoption by reference; K.A.R. 47-3-1, application for 
mining permit; K.A.R. 47-3-3a, permit application--maps; K.A.R. 47-3-
42(a), application for mining permit--adoption by reference; K.A.R. 47-
4-14, public hearings; K.A.R. 47-4-14a, administrative hearing 
procedure; K.A.R. 47-4-15, administrative hearings--discovery; K.A.R. 
47-4-16, interim orders for temporary relief; K.A.R. 47-4-17, 
administrative hearings--award of costs and expenses; K.A.R. 47-5-5a, 
civil penalties; K.A.R. 47-5-16, final assessment and payment of civil 
penalty; K.A.R. 47-6-1, permit review; K.A.R. 47-6-2, permit revision; 
K.A.R. 47-6-3, permit renewals; K.A.R. 47-6-4, permit transfers, 
assignments, and sales; K.A.R. 47-6-6, permit conditions; K.A.R. 47-6-
7, permit suspension or revocation; K.A.R. 47-6-8, termination of 
jurisdiction; K.A.R. 47-6-9, exemption for coal extraction incident to 
government-financed highway or other construction; K.A.R. 47-6-10, 
exemption for coal extraction incident to the extraction of other 
minerals; K.A.R. 47-7-2, coal exploration; K.A.R. 47-8-9, bonding 
procedures; K.A.R. 47-8-11, use of forfeited bond funds; K.A.R. 47-9-1, 
performance standards; K.A.R. 47-9-2, revegetation; K.A.R. 47-9-4, 
interim performance standards K.A.R. 47-10-1, underground mining; 
K.A.R. 47-11-8, small operator assistance program K.A.R. 47-12-4, lands 
unsuitable for mining; K.A.R. 47-13-4, training and certification of 
blasters; K.A.R. 47-13-5, responsibilities of operators and blasters-
in-charge; K.A.R. 47-13-6, training; K.A.R. 47-14-7, employee financial 
interest; K.A.R. 47-15-1a, inspection and enforcement; K.A.R. 47-15-3, 
lack of information--inability to comply; K.A.R. 47-15-4, injunctive 
relief K.A.R. 47-15-7, state inspections; K.A.R. 47-15-8, citizen's 
requests for state inspections; K.A.R. 47-15-15, service of notices of 
violations and cessation orders; K.A.R. 47-15-17, maintenance of permit 
areas; K.A.R. 47-16-1, eligible lands and water; K.A.R. 47-16-2, 
reclamation project evaluation; K.A.R. 47-16-3, consent to entry; 
K.A.R. 47-16-4, entry for study or exploration; K.A.R. 47-16-5, entry 
and consent to reclaim; K.A.R. 47-16-6, liens; K.A.R. 47-16-7, 
appraisals; K.A.R. 47-16-8, satisfaction of liens; K.A.R. 47-16-9, 
contractor responsibility; K.A.R. 47-16-10, exclusion of certain 
noncoal reclamation sites; and K.A.R. 47-16-11, reports.
    OSM announced receipt of the proposed amendment in the June 4, 
1997, Federal Register (62 FR 30535) and invited public comment on its 
adequacy. The public comment period ended July 7, 1997.
    During its review of the amendment, OSM identified concerns 
relating to K.A.R. 47-2-53, definition for regulatory authority; K.A.R. 
47-2-75(6)(A), definition for director; K.A.R. 47-3-42 (a)(49)(B) and 
(a)(49)(E), procedures for challening ownership and control links shown 
in AVS; K.A.R. 47-3-42 (a)(50)(E), standards for challening ownership 
and control links and the status of violations; K.A.R. 47-5-
5a(c)(4)(D), review of waiver determination; K.A.R. 47-5-5a(c)(6)(C)(i) 
and (c)(6)(E), summary disposition; K.A.R. 47-6-4(c), permit transfers, 
assignments and sales; K.A.R. 47-6-8(b), termination of jurisdiction; 
K.A.R. 47-6-9(b)(3), exemption for coal extraction incident to 
government-financed highway or other construction; K.A.R. 47-6-
10(b)(4), exemption for coal extraction incident to the extraction of 
other minerals; K.A.R. 47-7-2 (b)(6) and (b)(8), coal exploration; 
K.A.R. 47-8-9 (a)(1) and (b)(8), bonding procedures; K.A.R. 47-9-1(c), 
performance standards; K.A.R. 47-9-1 (c)(17) and (e)(17), use of 
explosives: general requirements; K.A.R. 47-9-1(c)(35), backfilling and 
grading: time

[[Page 2918]]

and distance requirements; K.A.R. 47-9-1(j)(9), substitution of Kansas 
terms for Federal terms in 30 CFR Parts 816 and 817; K.A.R. 47-16-1, 
eligible lands and water; K.A.R. 47-16-6(d), liens; K.A.R. 47-16-9(a), 
contractor responsibility; K.A.R. 47-16-10(b)(1), exclusion of certain 
noncoal reclamation sites; and K.A.R. 47-16-11 (a)(2)(A) and (b)(2)(A), 
reports. OSM notified Kansas of the concerns by letter dated October 8, 
1997 (Administrative Record No. KS-615.5). Kansas responded in a letter 
dated November 14, 1997 (Administrative Record No. KS-615.6), by 
submitting a revised amendment.
    Via the facsimile machine on December 31, 1997 (Administrative 
Record No. KS-615.7), OSM notified Kansas of additional concerns 
regarding its November 14, 1997, response. These concerns involved 
typographical errors at K.A.R. 47-9-1(c)(35)(a), backfilling and 
grading: time and distance requirements, and K.A.R. 47-16-11(a), 
reports. Kansas responded to the concerns by correcting the 
typographical errors in a letter dated on December 31, 1997 
(Administrative Record No. KS-615.8). The proposed revisions are 
discussed below.

A. Kansas Regulatory Program

1. Regulations With Editorial Changes
    Kansas proposes minor wording changes, paragraph notation changes, 
citation corrections, and other editorial changes in the following 
sections of the K.A.R.: 47-2-53, definition of regulatory authority; 
47-2-75(6)(A), definition of director, 47-3-42 (a)(2), violation 
information; 47-3-42 (a)(49)(B), (a)(49)(E), and (a)(49)(G), procedures 
for challenging ownership or control links shown in AVS; 47-3-42 
(a)(50)(E), standards for challenging ownership or control links and 
the status of violations; 47-5-5a(c)(4)(D), review of waiver 
determination; 47-5-5a (c)(6)(C)(i) and (c)(6)(E), summary disposition; 
47-6-8(b), termination of jurisdiction; 47-6-9(b)(3), exemption for 
coal extraction incident to government-financed highway or other 
construction; 47-6-10(b)(4), exemption for coal extraction incident to 
the extraction of other minerals; 47-7-2 (b)(6) and (b)(8), coal 
exploration; 47-8-9(b)(8), bonding procedures; 47-9-1(c), performance 
standards; 47-9-1 (c)(17) and (e)(17), use of explosives: general 
requirements; and 47-9-1(j)(9), substitution of Kansas terms for 
Federal terms in 30 CFR Parts 816 and 817.
2. K.A.R. 47-3-42 (a)(49), Procedures for Challening Ownership or 
Control Links Shown in AVS
    Kansas proposes not to adopt by reference 30 CFR 773.24(a)(1).
3. K.A.R. 47-6-4, Permit Transfers, Assignments, and Sales
    Kansas proposes to add paragraph (c)(4) to read as follows:
    ``Act'' shall be replaced by ``state act.''
4. K.A.R. 47-8-9(a)(1), Regulatory Authority Responsibilities
    Kansas proposes to add the phrase, ``deleting subsection (d),'' at 
the end of this paragraph because the Kansas program does not have 
provisions for self-bonding.
5. K.A.R. 47-9-1(c)(35), Backfilling and Grading: Time and Distance 
Requirements
    Kansas proposes to incorporate into its regulations language that 
is substantively identical to the Federal regulations at 30 CFR 
816.101.

B. Kansas Abandoned Mine Land Reclamation Plan

1. Regulations With Editorial Changes
    Kansas proposes minor wording changes, paragraph notation changes, 
citation corrections, and other editorial changes in the following 
sections of the K.A.R.: 47-16-1, eligible lands and water; 47-16-6(d), 
liens; 47-16-9(a), contractor responsibility; and 47-16-10(b)(1), 
exclusion of certain noncoal reclamation sites.
2. K.A.R. 47-16-11, Reports
    Kansas proposes to delete sections (a)(1)(A) through (c) and to 
revise section (a) to read as follows:

    (a) For each grant, cooperative agreement or both, the 
department shall semiannually or annually (whichever the case may 
be) submit to the office of surface mining reclamation and 
enforcement any reporting as required by OSM.

III. Public Comment Procedures

    OSM is reopening the comment period on the proposed Kansas 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 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 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, 730.15, 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.).

[[Page 2919]]

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.

Unfunded Mandates

    OSM has determined and certifies pursuant to the Unfunded Mandates 
Reform Act (2 U.S.C. 1502 et seq.) that this rule will not impose a 
cost of $100 million or more in any given year on local, state, or 
tribal governments or private entities.

List of Subjects in 30 CFR Part 901

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: January 9, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 98-1216 Filed 1-16-98; 8:45 am]
BILLING CODE 4310-05-M