[Federal Register Volume 66, Number 231 (Friday, November 30, 2001)]
[Proposed Rules]
[Pages 59751-59754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29759]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 66, No. 231 / Friday, November 30, 2001 / 
Proposed Rules  

[[Page 59751]]



DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 916

[SPATS No. KS-022-FOR]


Kansas Regulatory Program

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

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

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are announcing receipt of a proposed amendment to the Kansas 
regulatory program (Kansas program) under the Surface Mining Control 
and Reclamation Act of 1977 (SMCRA or the Act). The Kansas Department 
of Health and Environment, Surface Mining Section (Kansas) is proposing 
to consolidate and revise its approved revegetation success guidelines. 
The amendment is intended to revise the Kansas program to be consistent 
with the corresponding Federal regulations and to improve operational 
efficiency.
    This document gives the times and locations that the Kansas program 
and the proposed amendment to that program are available for public 
inspection, the comment period during which you may submit written 
comments on the proposed amendment, and the procedures that we will 
follow for the public hearing, if one is requested.

DATES: We will accept written comments until 4:00 p.m., c.s.t., 
December 31, 2001. If requested, we will hold a public hearing on the 
amendment on December 26, 2001. We will accept requests to speak at the 
hearing until 4:00 p.m., c.s.t. on December 17, 2001.

ADDRESSES: You should mail or hand deliver written comments and 
requests to speak at the hearing to John W. Coleman, Mid-Continent 
Regional Coordinating Center, at the address listed below.
    You may review copies of the Kansas program, the amendment, a 
listing of any scheduled public hearings, and all written comments 
received in response to this document at the addresses listed below 
during normal business hours, Monday through Friday, excluding 
holidays. You may receive one free copy of the amendment by contacting 
OSM's Mid-Continent Regional Coordinating Center.

John W. Coleman, Mid-Continent Regional Coordinating Center, Office of 
Surface Mining, Alton Federal Building, 501 Belle Street, Alton, 
Illinois 62002, Telephone: (618) 463-6460.
Kansas Department of Health and Environment, Surface Mining Section, 
4033 Parkview Drive, Frontenac, Kansas 66763, Telephone: (620) 231-
8540.

FOR FURTHER INFORMATION CONTACT: John W. Coleman, Mid-Continent 
Regional Coordinating Center. Telephone: (618) 463-6460. Internet: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Kansas Program

    Section 503(a) of the Act permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that 
its program includes, among other things, ``* * * a State law which 
provides for the regulation of surface coal mining and reclamation 
operations in accordance with the requirements of this Act * * *; and 
rules and regulations consistent with regulations issued by the 
Secretary pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On 
the basis of these criteria, the Secretary of the Interior 
conditionally approved the Kansas program on January 21, 1981. You can 
find background information on the Kansas program, including the 
Secretary's findings, the disposition of comments, and the conditions 
of approval in the January 21, 1981, Federal Register (46 FR 5892). You 
can find later actions concerning the Kansas program at 30 CFR 916.10, 
916.12, 916.15, and 916.16.

II. Description of the Proposed Amendment

    By letter dated October 9, 2001 (Administrative Record No. KS-622), 
Kansas sent us an amendment to its program under SMCRA and the Federal 
regulations at 30 CFR 732.17(b). Kansas sent the amendment in response 
to deficiencies that we identified in Kansas' revegetation success 
guidelines in a previous final rule on August 19, 1992 (57 FR 37430). 
The amendment also includes changes made at Kansas' own initiative. 
Kansas proposes to amend the Kansas revegetation success guidelines 
entitled ``Revegetation Standards for Success and Statistically Valid 
Sampling Techniques for Measuring Revegetation Success.'' A brief 
summary of the changes are discussed below. The full text of the 
program amendment is available for your inspection at the locations 
listed above under ADDRESSES.

A. Preface

    Kansas revised the preface to reflect the current revisions to its 
revegetation success guidelines. Kansas also removed language from the 
preface that was not approved by us in the August 19, 1992, final rule 
decision. The removed language appeared to exempt specific permits from 
certain requirements of Kansas' revegetation success guidelines.

B. Definitions

    Kansas defined the following terms that are used throughout the 
Kansas revegetation success guidelines: Animal Unit Month (A.U.M.); 
Cropland; Desirable; Diverse; Effective; Forage; Global Positioning 
System (GPS); Historically Cropped; Kansas Department of Wildlife and 
Parks (KDWP); Kansas State University (KSU); Natural Resources 
Conservation Service (NRCS); Permanent; Previously Mined; Prime 
Farmland; Surface Mining Section (SMS); and Total Cover.

C. Tables

    Kansas added three new tables. Table 1 contains productivity and 
ground cover vegetation requirements for Phase II and Phase III bond 
release of pasture land and grazing land; wildlife habitat, recreation, 
shelter belts, and forest products; and industrial, commercial, or 
residential land uses. Table 2 lists productivity and ground cover 
vegetation requirements for Phase II and

[[Page 59752]]

Phase III bond release of prime farmland. Table 3 contains productivity 
and ground cover vegetation requirements for Phase II and Phase III 
bond release of cropland.

D. Chapter I. Ground Cover Success

    Kansas consolidated the substantive provisions of its approved 
ground cover success standards for all land uses in this chapter.
    Section A covers the standard for ground cover on prime farmland, 
cropland, and pasture/grazing land. Section B discusses the standard 
for ground cover on previously mined areas. Section C provides the 
standard for ground cover on wildlife habitat, recreation, shelter 
belt, and forest product land use areas that have topsoil. Section D 
contains standards for ground cover on industrial, commercial, or 
residential land use areas that have topsoil. Sections E and F provide 
general information on pre-mining ground cover sampling criteria and 
techniques. Section G contains specific pre-mining ground cover 
sampling techniques. Section H provides specific post-mining ground 
cover sampling criteria. Finally, Section I covers specific post-mining 
ground cover sampling techniques.

E. Chapter II. Forage Production Success Standard

    Kansas revised and consolidated the substantive provisions of its 
approved forage production success standards for all applicable land 
uses in this chapter. Kansas also added whole field harvest to the 
methods of data collection for forage.
    Section A discusses the use of the United States Department of 
Agriculture, Natural Resources Conservation Service (USDA-NRCS) soil 
survey database for determining productivity of cool season grass seed 
mixtures. This database lists crop yields by the soil mapping units 
contained in the published county soil surveys for Kansas. Section A 
also discusses the USDA-NRCS database in Technical Guide Notice KS-145. 
This database is used for determining productivity of native grass seed 
mixtures. Section B contains information on methods of calculation 
using the Animal Unit Month (A.U.M.) values listed in the USDA-NRCS 
soil surveys for Kansas. Section C provides productivity standards for 
prime farmland forage crops. Section D covers the productivity 
standards for cropland forage crops. Section E covers the productivity 
standard for previously mined lands reconstructed to pasture and 
grazing land. Section F contains information on the productivity 
standards for pasture and grazing land. Section G discusses the methods 
of data collection, including use of representative areas with test 
plots or whole field harvesting. Section H contains specific forage 
crop production sampling criteria. Finally, Section I covers specific 
forage crop production sampling techniques.

F. Chapter III. Productivity Standard Databases for Row Crops

    Kansas revised and consolidated the substantive provisions of its 
approved row crop production success standards for prime and non-prime 
farmland in this chapter. Kansas also added corn as an acceptable row 
crop under specified conditions.
    Section A discusses the acceptable row crops for revegetation 
productivity. Section B contains information on the method of row crop 
production success standard calculations. Section C provides row crop 
sampling criteria. Section D contains the following sampling methods 
for data collection involving representative areas: test plots, whole 
field sampling, and whole field harvesting. Section E provides 
productivity sampling criteria for prime farmland row crops. Section F 
discusses productivity sampling criteria for non-prime farmland row 
crops. Finally, Section G contains row crop sampling techniques 
involving test plots and whole field sampling for grain sorghum (milo), 
wheat, soybeans, and corn.
    In response to deficiencies that we identified in the August 19, 
1992, final decision on Kansas' current revegetation success 
guidelines, Kansas revised its row crop sampling techniques for grain 
sorghum and wheat. To address the deficiencies, Kansas added provisions 
that require operators to make determinations of statistical sample 
adequacy based on sample weights corrected to a standard moisture 
content.

G. Chapter IV. Stem Density

    Kansas consolidated its productivity success standards for trees 
and shrubs in this chapter. Section A discusses the general success 
standards for fish and wildlife habitat, recreation, shelter belt, and 
forest product land uses. Section B contains the Phase II and Phase III 
productivity success standards for these land uses. Section C provides 
information on productivity sampling criteria. Section D contains stem 
density sampling techniques. Section E discusses previously mined areas 
that are reclaimed to fish and wildlife habitat, recreation, shelter 
belt, or forest product land uses.

H. Appendix A, Plant Species List

    Appendix A lists the plant species that are unacceptable for all 
land uses with specified exceptions. It lists the acceptable tree 
species for fish and wildlife habitat, recreation, shelter belt, and 
forest product land uses. It also lists the acceptable shrub and vine 
species for fish and wildlife habitat, recreation, and shelter belt 
land uses. In addition, it lists the acceptable legume species based on 
land use for revegetation productivity and ground cover. Finally, it 
lists the acceptable grass species based on land use for revegetation 
productivity and ground cover.

I. Appendix B, Animal Unit Month-Methods of Production Success Standard 
Calculations

    Kansas is proposing a new Animal Unit Month (A.U.M.) value for use 
in calculating forage production. Kansas defines the A.U.M. as the 
monthly average pounds of forage needed to support each 1,000 pounds of 
cattle. Kansas submitted calculations and documentation to support an 
A.U.M. equal to 760 pounds of forage. Appendix B contains tables 
showing two methods of calculating the success standard for grain 
sorghum, soybeans, wheat, and corn by soil type. The documentation also 
included two methods of calculating forage production based on A.U.M. 
per soil type for cool season grass seed mixtures and warm season grass 
seed mixtures.

J. Appendix C, Production Data

    Appendix C contains the USDA-NRCS Technical Guide Notice KS-145. 
This technical guide provides crop yields for wheat, grain sorghum, and 
soybeans by soil mapping units for specific counties in Kansas.
    Appendix C also contains the USDA-NRCS Technical Guide Notice 210 
for Kansas. This technical guide provides land capability and yields 
per acre of cropland for wheat, grain sorghum, and soybeans by soil 
mapping units for specific counties in Kansas.

K. Appendix D, Planting Reports

    Appendix D contains the following planting reports: Forage/
Pastureland Seeding Report; Cropland Seeding Report; Wildlife Seeding 
Report; and Woodland/Wildlife Seeding Report.

L. Appendix E, Reference Area Criteria

    Kansas moved its previously approved provisions for reference areas 
to Appendix E. Kansas made minor wording changes throughout the 
provisions. Kansas also added the following new criterion to its list 
of

[[Page 59753]]

essential criteria for comparing revegetated and reference areas:
    6. Seeding of the reference area will be at the same time as 
seeding of the revegetated area.

M. Appendix F, Representative Sample Field Area Definition and Test 
Plot Criteria

    Appendix F discusses the use of data from representative sample 
field areas to prove row crop production success. This data is obtained 
from individual row crop test plots.

N. Appendix G, Measuring Grain Moisture

    Appendix G contains a technical guidance document on using moisture 
meters for measuring the moisture content of grain. The document 
``Measuring Grain Moisture Content On-Farm'' was published by the 
Kansas State University, Cooperative Extension Service.

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking comments 
on whether the proposed amendment satisfies the applicable program 
approval criteria of 30 CFR 732.15. If we approve the amendment, it 
will become part of the Kansas program.
    Written Comments: If you submit written or electronic comments on 
the proposed rule during the 30-day comment period, they should be 
specific, should be confined to issues pertinent to the notice, and 
should explain the reason for your recommendation(s). We may not be 
able to consider or include in the Administrative Record comments 
delivered to an address other than the one listed above (see 
ADDRESSES).
    Electronic Comments: Please submit Internet comments as an ASCII, 
WordPerfect, or Word file avoiding the use of special characters and 
any form of encryption. Please also include ``Attn: SPATS NO. KS-022-
FOR'' and your name and return address in your Internet message. If you 
do not receive a confirmation that we have received your Internet 
message, contact the Mid-Continent Regional Coordinating Center at 
(618) 463-6460.
    Availability of Comments: Our practice is to make comments, 
including names and home addresses of respondents, available for public 
review during regular business hours at OSM's Mid-Continent Regional 
Coordinating Center (see ADDRESSES). Individual respondents may request 
that we withhold their home address from the administrative record, 
which we will honor to the extent allowable by law. There also may be 
circumstances in which we would withhold from the administrative record 
a respondent's identity, as allowable by law. If you wish us to 
withhold your name and/or address, you must state this prominently at 
the beginning of your comment. However, we will not consider anonymous 
comments. We will make all submissions from organizations or 
businesses, and from individuals identifying themselves as 
representatives or officials of organizations or businesses, available 
for public inspection in their entirety.
    Public Hearing: If you wish to speak at the public hearing, contact 
the person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., 
c.s.t. on December 17, 2001. We will arrange the location and time of 
the hearing with those persons requesting the hearing. If no one 
requests an opportunity to speak at the public hearing, the hearing 
will not be held.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at a public hearing 
provide us with a written copy of his or her testimony. The public 
hearing will continue on the specified date until all persons scheduled 
to speak have been heard. If you are in the audience and have not been 
scheduled to speak and wish to do so, you will be allowed to speak 
after those who have been scheduled. We will end the hearing after all 
persons scheduled to speak and persons present in the audience who wish 
to speak have been heard.
    If you are disabled and need a special accommodation to attend a 
public hearing, contact the person listed under FOR FURTHER INFORMATION 
CONTACT.
    Public Meeting: If only one person requests an opportunity to speak 
at a hearing, a public meeting, rather than a public hearing, may be 
held. If you wish to meet with us to discuss the proposed amendment, 
you may request a meeting by contacting the person listed under FOR 
FURTHER INFORMATION CONTACT. All such meetings are open to the public 
and, if possible, we will post notices of meetings at the locations 
listed under ADDRESSES. We will also make a written summary of each 
meeting a part of the Administrative Record.

IV. Procedural Determinations

Executive Order 12866--Regulatory Planning and Review

    This rule is exempt from review by the Office of Management and 
Budget under Executive Order 12866.

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the counterpart Federal 
regulations.

Executive Order 13132--Federalism

    This rule does not have federalism implications. SMCRA delineates 
the roles of the Federal and State governments with regard to the 
regulation of surface coal mining and reclamation operations. One of 
the purposes of SMCRA is to ``establish a nationwide program to protect 
society and the environment from the adverse effects of surface coal 
mining operations.'' Section 503(a)(1) of SMCRA requires that State 
laws regulating surface coal mining and reclamation operations be ``in 
accordance with'' the requirements of SMCRA, and section 503(a)(7) 
requires that State programs contain rules and regulations ``consistent 
with'' regulations issued by the Secretary under SMCRA.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 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 because each 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.

Executive Order 13211--Regulations That Significantly Affect the 
Supply, Distribution, or Use of Energy

    On May 18, 2001, the President issued Executive Order 13211 which 
requires agencies to prepare a Statement of Energy Effects for a rule 
that is (1) considered significant under Executive Order 12866 and (2) 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Because this rule is exempt from review 
under Executive Order 12866 and is not expected to have a significant 
adverse

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effect on the supply, distribution, or use of energy, a Statement of 
Energy Effects is not required.

National Environmental Policy Act

    Section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that a 
decision on a proposed State regulatory program provision does not 
constitute a major Federal action within the meaning of section 
102(2)(C) of the National Environmental Policy Act (NEPA) (42 U.S.C. 
4332(2)(C)). A determination has been made that such decisions are 
categorically excluded from the NEPA process (516 DM 8.4.A).

Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by the Office of Management and Budget 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.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    a. Does not have an annual effect on the economy of $100 million.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, federal, state, or local government 
agencies, or geographic regions.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.
    This determination is based upon the fact that the State submittal 
which is the subject of this rule is based upon counterpart Federal 
regulations for which an analysis was prepared and a determination made 
that the Federal regulation was not considered a major rule.

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 916

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: November 15, 2001.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 01-29759 Filed 11-29-01; 8:45 am]
BILLING CODE 4310-05-P