[Federal Register Volume 67, Number 184 (Monday, September 23, 2002)]
[Proposed Rules]
[Pages 59484-59487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24016]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 916

[KS-023-FOR]


Kansas Regulatory Program

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

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

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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). Kansas proposes to 
revise its regulatory program by updating its adoption by reference of 
applicable portions of 30 CFR part 700 to End from the July 1, 1995, 
version to the July 1, 2001, version. Kansas intends to revise its 
program to be consistent with the corresponding Federal regulations.
    This document gives the times and locations that the Kansas program 
and proposed amendment to that program are available for your 
inspection, the comment period during which you may submit written 
comments on the amendment, and the procedures that we will follow for 
the public hearing, if one is requested.

DATES: We will accept written comments on this amendment until 4 p.m., 
c.d.t., October 23, 2002. If requested, we will hold a public hearing 
on the amendment on October 18, 2002. We will accept requests to speak 
at a hearing until 4 p.m., c.d.t. on October 8, 2002.

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, this 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, Internet: 
[email protected].
Kansas Department of Health and Environment, Surface Mining Section, 
4033 Parkview Drive, Frontenac, Kansas 66763, Telephone: (316) 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

II. Description of the Proposed Amendment

III. Public Comment Procedures

IV. Procedural Determinations

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

[[Page 59485]]

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 also find later actions concerning the Kansas program and 
program amendments at 30 CFR 916.10, 916.12, 916.15, and 916.16.

II. Description of the Proposed Amendment

    By e-mail dated July 24, 2002 (Administrative Record No. KS-623), 
Kansas sent us an amendment to its program under SMCRA (30 U.S.C. 1201 
et seq.). Kansas sent the amendment at its own initiative and in 
response to a letter dated August 23, 2000 (Administrative Record No. 
KS-618), that we sent to Kansas in accordance with 30 CFR 732.17(c). 
Below is a summary of the changes proposed by Kansas. The full text of 
the program amendment is available for you to read at the locations 
listed above under ADDRESSES.

A. Adoptions by reference of 30 CFR Part 700 to End revised as of July 
1, 2001

    Kansas proposes to update its adoption by reference of applicable 
sections of 30 CFR part 700 to End from the July 1, 1995, version to 
the July 1, 2001, version and to revise terms and cross-references, as 
required.

------------------------------------------------------------------------
     Kansas Administrative Regulations
                 (K.A.R.)                               Topic
------------------------------------------------------------------------
47-2-75...................................  Definitions.
47-3-2....................................  Application for mining
                                             permit.
47-3-42...................................  Application for mining
                                             permit.
47-5-5a...................................  Civil penalties.
47-5-17...................................  Alternative enforcement.
47-6-3....................................  Permit renewal.
47-6-4....................................  Permit transfers,
                                             assignments, and sales.
47-6-6....................................  Permit conditions.
47-6-8....................................  Termination of jurisdiction.
47-6-9....................................  Exemption for coal
                                             extraction incident to
                                             government finance highway
                                             or other construction.
47-6-10...................................  Exemption for coal
                                             extraction incidental to
                                             the extraction of other
                                             minerals.
47-6-11...................................  Post-permit issuance
                                             requirements.
47-7-2....................................  Coal exploration.
47-8-9....................................  Bonding procedures.
47-9-1....................................  Adoption by reference.
47-9-4....................................  Interim performance
                                             standards.
47-10-1...................................  Adoption by reference;
                                             underground mining.
47-11-8...................................  Small operator assistance
                                             program.
47-12-4...................................  Lands unsuitable for surface
                                             mining.
47-13-4...................................  Training and certification
                                             of blasters.
47-14-7...................................  Employee financial interest.
47-15-1a..................................  Inspection and enforcement.
------------------------------------------------------------------------

B. K.A.R. 47-2-75. Definitions; adoption by reference

    In paragraph (a)(4), Kansas proposes to add the address of the 
Federal Register Library.

C. K.A.R. 47-4-14a. Administrative hearing procedure

    In paragraph (c)(2), Kansas proposes to update the address of the 
administrative appeals section of the Kansas Department of Health and 
Environment.

D. K.A.R. 47-6-1. Permit review

    Kansas proposes to designate the existing paragraph as paragraph 
(a) and to add new paragraphs (b) through (f) to read as follows:

    (b) Permits with variances granted in accordance with K.A.R. 47-
3-42(a)(41), variances for delay in contemporaneous reclamation 
requirement in combined surface and underground mining activities, 
shall be reviewed no later than 3 years from the date of issuance.
    (c) Permits containing experimental practices issued in 
accordance with K.A.R. 47-3-42(a)(39) shall be reviewed as set forth 
in the permit or at least every 2\1/2\ years from the date of 
issuance as required by the regulatory authority, in accordance with 
K.A.R. 47-3-42(a)(39), adopting by reference 30 CFR 785.13(g)
    (d) After the review required by this section, or at any time, 
the Kansas department of health and environment may, by order, 
require reasonable revision of a permit in accordance with K.A.R. 
47-6-2 to ensure compliance with the state act and the regulatory 
program.
    (e) Any order of the Kansas department of health and environment 
requiring revision of a permit shall be based upon written findings 
and shall be subject to the provisions of administrative and 
judicial review in K.S.A. 49-407(d), 49-416a, 49-422a, and article 4 
of chapter 47 of the Kansas administrative regulations. Copies of 
the order shall be sent to the permittee.
    (f) Permits may be suspended or revoked in accordance with 
articles 5 and 15 of chapter 47 of the Kansas administrative 
regulations.

E. Update of cross-references

    Kansas proposes to update the cross-references in the following 
sections of its regulations: K.A.R. 47-16-9. Contractor responsibility 
and K.A.R. 47-16-10. Exclusion of certain noncoal reclamation sites.

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking your 
comments on whether the amendment satisfies the applicable program 
approval criteria of 30 CFR 732.15. If we approve the amendment, it 
will become part of the State program.

Written Comments

    Send your written or electronic comments to OSM at the address 
given above. Your written comments should be specific, pertain only to 
the issues proposed in this rulemaking, and include explanations in 
support of your recommendations. We will not consider or respond to 
your comments when developing the final rule if they are received after 
the close of the comment period (see DATES). We will make every attempt 
to log all comments into the administrative record, but comments 
delivered to an address other than the

[[Page 59486]]

Mid-Continent Regional Coordinating Center may not be logged in.

Electronic Comments

    Please submit Internet comments as an ASCII or Word file avoiding 
the use of special characters and any form of encryption. Please also 
include ``Attn: [KS-023-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

    We will make comments, including names and addresses of 
respondents, available for public review during normal business hours. 
We will not consider anonymous comments. If individual respondents 
request confidentiality, we will honor their request to the extent 
allowable by law. Individual respondents who wish to withhold their 
name or address from public review, except for the city or town, must 
state this prominently at the beginning of their 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 review 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.d.t. on 
October 8, 2002. If you are disabled and need special accommodations to 
attend a public hearing, contact the person listed under FOR FURTHER 
INFORMATION CONTACT. We will arrange the location and time of the 
hearing with those persons requesting the hearing. If no one requests 
an opportunity to speak, we will not hold a hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at the public hearing 
provide us with a written copy of his or her comments. The public 
hearing will continue on the specified date until everyone scheduled to 
speak has been given an opportunity to be 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 everyone scheduled to speak and others present in 
the audience who wish to speak, have been heard.

Public Meeting

    If only one person requests an opportunity to speak, we may hold a 
public meeting rather than a public hearing. If you wish to meet with 
us to discuss the amendment, please 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 make a 
written summary of each meeting a part of the administrative record.

IV. Procedural Determinations

Executive Order 12630--Takings

    In this rule, the State is proposing valid existing rights 
standards that are similar to the standards in the Federal definition 
at 30 CFR 761.5. Therefore, this rule has the same takings implications 
as the Federal valid existing rights rule. The takings implications 
assessment for the Federal valid existing rights rule appears in Part 
XXIX.E of the preamble to that rule. See 64 FR 70766, 70822-27, 
December 17, 1999.

Executive Order 12866--Regulatory Planning and Review

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

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 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 
the Federal regulations at 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 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. Section 503(a)(7) requires 
that State programs contain rules and regulations ``consistent with'' 
regulations issued by the Secretary pursuant to SMCRA.

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

National Environmental Policy Act

    This rule does not require an environmental impact statement 
because 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 certifies 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. In making the determination as to whether

[[Page 59487]]

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 governmental agencies or 
geographic regions; and (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 an unfunded mandate on State, local, or 
tribal governments or the private sector of $100 million or more in any 
given year. 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 did not impose an 
unfunded mandate.

List of Subjects in 30 CFR Part 916

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: August 15, 2002.
Ervin J. Barchenger,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 02-24016 Filed 9-20-02; 8:45 am]
BILLING CODE 4310-05-P