[Federal Register Volume 68, Number 57 (Tuesday, March 25, 2003)]
[Rules and Regulations]
[Pages 14322-14326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7024]


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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 and Abandoned Mine Land Reclamation 
Plan

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

ACTION: Final rule; approval of amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are approving an amendment to the Kansas regulatory program and 
abandoned mine land reclamation (AMLR) plan (Kansas program) under the 
Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). 
Kansas proposed 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 
also revised its regulation concerning permit reviews. Finally, Kansas 
revised its AMLR plan by adding a new regulation concerning abandoned 
mine land (AML) agency procedures for reclamation projects receiving 
less than 50 percent government funding. Kansas revised its program to 
be consistent with the corresponding Federal regulations.

EFFECTIVE DATE: March 25, 2003.

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

SUPPLEMENTARY INFORMATION:

I. Background on the Kansas Program
II. Submission of the Amendment
III. OSM's Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. 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 State 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 regulatory program on January 21, 
1981. You can find background information on the Kansas regulatory 
program and program amendments, including the Secretary's findings, the 
disposition of comments, and conditions of approval, in the January 21, 
1981, Federal Register (46 FR 5892). You can also find later actions 
concerning the Kansas regulatory program and program amendments at 30 
CFR 916.10, 916.12, 916.15, and 916.16.
    The AMLR program was established by Title IV of the Act (30 U.S.C. 
1201 et seq.) in response to concerns over extensive environmental 
damage caused by past coal mining activities. The program is funded by 
a reclamation fee collected on each ton of coal that is produced. The 
money collected is used to finance the reclamation of abandoned coal 
mines and for other authorized activities. Section 405 of the Act 
allows States and Indian Tribes to assume exclusive responsibility for 
reclamation activity within the State or on Indian lands if they 
develop and submit to the Secretary of the Interior for approval, a 
program (often referred to as a plan) for the reclamation of abandoned 
coal mines. On the basis of these criteria, the Secretary of the 
Interior approved the Kansas AMLR plan on February 1, 1982. You can 
find background information on the Kansas AMLR plan, including the 
Secretary's findings and the disposition of comments in the February 1, 
1982, Federal Register (47 FR 4513). You can find later actions 
concerning the Kansas AMLR plan and amendments to the plan at 30 CFR 
916.20 and 916.25.

II. Submission of the Amendment

    By electronic mail (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 in response 
to an August 23, 2000, letter that we sent to Kansas in accordance with 
30 CFR 732.17(c), concerning valid existing rights (Administrative 
Record No. KS-618). Kansas also included changes made at its own 
initiative. Kansas proposed 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 also revised its regulation concerning permit reviews. 
Kansas revised its AMLR plan by adding a new regulation concerning 
abandoned mine land (AML) agency procedures for reclamation projects 
receiving less than 50 percent government funding.
    We announced receipt of the amendment in the September 23, 2002, 
Federal Register (67 FR 59484). In the same document, we opened the 
public comment period and provided an opportunity for a public hearing 
or meeting on the adequacy of the amendment. We did not hold a public 
hearing or meeting because no one requested one. The public comment 
period ended on October 23, 2002. We received comments from one Federal 
agency and one State agency.
    During our review of the amendment, we identified concerns about 
editorial errors. We notified Kansas of these concerns by letter dated 
October 31, 2002, and by e-mail dated November 6,

[[Page 14323]]

2002 (Administrative Record Nos. KS-623.05 and KS-623.06, 
respectively).
    During a telephone conference on January 15, 2003, Kansas notified 
us that it had made the editorial changes required by our letter dated 
October 31, 2002, and e-mail dated November 6, 2002 (Administrative 
Record No. KS-623.07).
    After further review of the amendment, we realized that we had not 
announced receipt of Kansas' proposed regulation at K.A.R. 47-16-12 in 
the proposed rule published on September 23, 2002. This proposed 
regulation concerns AML agency procedures for reclamation projects 
receiving less than 50 percent government funding. Therefore, we 
reopened the comment period in the January 16, 2003, Federal Register 
(68 FR 2265). The public comment period ended on January 31, 2003. We 
did not receive any comments.

III. OSM's Findings

    Following are the findings we made concerning the amendment under 
SMCRA and the Federal regulations at 30 CFR 732.15, 732.17, 884.14, and 
884.15. We are approving the amendment as described below. Any 
revisions that we do not specifically discuss below concern 
nonsubstantive wording or editorial changes.

A. Adoptions by Reference of 30 CFR Part 700 to End

1. Updated Adoptions by Reference
    Kansas updated its adoptions by reference of applicable sections of 
30 CFR part 700 to End from those in effect as of July 1, 1995, to 
those in effect as of July 1, 2001. Kansas also revised terms and 
cross-references to the Federal regulations, as necessary. The Kansas 
regulations that were updated, along with the applicable sections of 
the Federal regulations, are shown in the table below.

------------------------------------------------------------------------
                                                             Federal
                                                           regulations
     Kansas administrative               Topic             adopted by
     regulations (K.A.R.)                                 reference (30
                                                              CFR)
------------------------------------------------------------------------
47-2-75.......................  Definitions...........  700.5, 701.5,
                                                         and 705.5.
47-3-2........................  Application for mining  Part 777.
                                 permit.
47-3-42.......................  Application for mining  Parts 773, 778,
                                 permit.                 779, 780, 785,
                                                         and 701.11(e).
47-5-5a.......................  Civil penalties.......  Parts 845 and
                                                         846.
47-6-3........................  Permit renewals.......  774.15.
47-6-4........................  Permit transfers,       774.17.
                                 assignments, and
                                 sales.
47-6-6........................  Permit conditions.....  773.17.
47-6-8........................  Termination of          700.11.
                                 jurisdiction.
47-6-9........................  Exemption for coal      Part 707.
                                 extraction incident
                                 to government-
                                 financed highway or
                                 other construction.
47-6-10.......................  Exemption for coal      Part 702.
                                 extraction incidental
                                 to the extraction of
                                 other minerals.
47-7-2........................  Coal exploration......  Part 772.
47-8-9........................  Bonding procedures....  Part 800.
47-9-1........................  Permanent program       Parts 810, 815,
                                 performance standards.  816, 817, 819,
                                                         823, 827, and
                                                         828.
47-9-4........................  Interim performance     Parts 710, 715,
                                 standards.              and 716.7.
47-10-1.......................  Underground mining      Parts 783 and
                                 permit applications.    784.
47-11-8.......................  Small operator          Part 795.
                                 assistance program.
47-12-4.......................  Lands unsuitable for    Parts 761, 762,
                                 surface mining.         and 764.
47-13-4.......................  Training and            Part 850.
                                 certification of
                                 blasters.
47-14-7.......................  Employee financial      Part 705.
                                 interest.
47-15-1a......................  Inspection and          Parts 840, 842,
                                 enforcement.            and 843.
------------------------------------------------------------------------

    We find that Kansas' revised regulations are no less effective than 
the counterpart Federal regulations, and we are approving the adoptions 
by reference.
    2. New Adoptions by Reference.
    a. Alternate Enforcement.
    At K.A.R. 47-5-17(a), Kansas adopted by reference 30 CFR 847.2(a), 
(b), and (d); 847.11; and 847.16, as in effect on July 1, 2001. At 
K.A.R. 47-5-17(b), Kansas replaced Federal terms and cross-references 
with State terms and cross-references, as needed.
    We find that Kansas' new regulation at K.A.R. 47-5-17 is no less 
effective than the counterpart Federal regulations at 30 CFR 847.2, 
847.11, and 847.16, concerning alternative enforcement. Therefore, we 
are approving this adoption by reference.
    b. Post-Permit Issuance Requirements.
    At K.A.R. 47-6-11(a), Kansas adopted by reference 30 CFR 774.11 and 
774.12, as in effect on July 1, 2001. At K.A.R. 47-6-11(b), Kansas 
replaced Federal terms and cross-references with State terms and cross-
references, as needed.
    We find that Kansas' new regulation at K.A.R. 47-6-11 is no less 
effective than the counterpart Federal regulations at 30 CFR 774.11 and 
774.12, concerning post-permit issuance requirements and post-permit 
issuance information requirements, respectively. Therefore, we are 
approving this adoption by reference.

B. Substantive Revisions to Kansas' Regulations.

1. K.A.R. 47-6-1 Permit review.
    Kansas proposed 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

[[Page 14324]]

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.

    We find that Kansas' new regulations at K.A.R. 47-6-1(b), (c), (d), 
(e), and (f) are substantively the same as the counterpart Federal 
regulations at 30 CFR 774.10(a)(2), (a)(3), (b), (c), and (d), 
respectively. Therefore, we are approving them.
2. K.A.R. 47-16-12 AML Agency Procedures for Reclamation Projects 
Receiving Less Than 50 Percent Government Funding
    Kansas added K.A.R. 47-16-12 to its regulations to provide 
procedures for certain eligible abandoned mine land reclamation 
projects approved under Title IV of SMCRA. These projects must receive 
government funding that is less than 50 percent of the project cost, 
and any coal removal associated with the project must be incidental to 
it. As shown below, the procedures include specific consultations and 
concurrences with the Title V regulatory authority for each project, 
documentation of the consultations and concurrences, special 
requirements for each project, and a contractor limitation on coal 
extraction.

    AML agency procedures for reclamation projects receiving less 
than 50 percent government funding. This section only applies if the 
level of funding for the construction will be less than 50 percent 
of the total cost because of planned coal extraction.
    (a) Consultation with the active coal mining portion of the 
regulatory authority. In consultation with the active mining portion 
of the regulatory authority, the surface mining section must make 
the following determinations:
    (1) They must determine the likelihood of the coal being mined 
under an active coal mining permit. This determination must take 
into account available information such as:
    (i) Coal reserves from existing mine maps or other sources;
    (ii) Existing environmental conditions;
    (iii) All prior mining activity on or adjacent to the site;
    (iv) Current and historic coal production in the area; and
    (v) Any known or anticipated interest in mining the site.
    (2) They must determine the likelihood that nearby or adjacent 
mining activities might create new environmental problems or 
adversely affect existing environmental problems at the site.
    (3) They must determine the likelihood that reclamation 
activities at the site might adversely affect nearby or adjacent 
mining activities.
    (b) Concurrence with the active mining portion of the regulatory 
authority. If, after consulting with the active mining portion of 
the regulatory authority, it has been decided to proceed with the 
reclamation project, then the abandoned mine land and active mining 
portions of the regulatory authority must concur in the following 
determinations:
    (1) They must concur in a determination of the limits on any 
coal refuse, coal waste, or other coal deposits which can be 
extracted under K.A.R. 47-6-9.
    (2) They must concur in the delineation of the boundaries of the 
AML project.
    (c) Documentation. The surface mining section must include in 
the AML case file:
    (1) The determinations made under paragraphs (a) and (b) of this 
section;
    (2) The information taken into account in making the 
determinations; and
    (3) The names of the parties making the determinations.
    (d) Special requirements. For each project, the surface mining 
section must:
    (1) Characterize the site in terms of mine drainage, active 
slides and slide-prone areas, erosion and sedimentation, vegetation, 
toxic materials, hydrologic balance, and other AML hazards 
associated with the project;
    (2) Ensure that the reclamation project is conducted in 
accordance with the provisions of K.A.R 47-16-1 et seq.;
    (3) Develop specific-site reclamation requirements, including 
performance bonds when appropriate in accordance with state 
procedures; and
    (4) Require the contractor conducting the reclamation to 
provide, prior to the time reclamation begins, applicable documents 
that clearly authorize the extraction of coal and payment of 
royalties.
    (e) Limitation. If the reclamation contractor extracts coal 
beyond the limits of the incidental coal specified in paragraph 
(b)(1) of this section, the contractor must obtain a permit under 
49-401 et seq. and K.A.R. 47-1-1 et seq. for such coal.

    We find that K.A.R. 47-16-12 contains substantively the same 
requirements as the counterpart Federal regulation at 30 CFR 874.17. 
Therefore, we are approving it.

C. Minor Revisions to Kansas' Regulations.

1. K.A.R. 47-2-75 Definitions; Adoption by Reference.
    K.A.R. 47-2-75(a) adopts by reference the definitions at 30 CFR 
700.5, with exceptions. The exceptions include entire definitions, 
portions of definitions, and the meaning of terms in specific cases. At 
paragraph (a)(4), Kansas revised its previously approved exception for 
the definition of ``anthracite'' by adding the address of the Federal 
Register Library in Washington, DC.
    We find that Kansas' addition of the address is consistent with the 
Federal definition language, and we are approving it.
2. K.A.R. 47-4-14a(c) Administrative Hearing Procedure--Rules of 
Procedure.
    In paragraph (c)(2), Kansas proposed to update the address of the 
administrative appeals section of the Kansas Department of Health and 
Environment.
    We find that this revision will not make Kansas' regulations at 
K.A.R. 47-4-14a(c) less effective than the Federal regulations at 43 
CFR 4.1104 through 4.1116, concerning general rules relating to 
procedure and practice.
3. Updated State Citation References and Cross-references to Federal 
Citations.
    Kansas updated State citation references and cross-references to 
the Federal citations in the following sections of its regulations: 
K.A.R. 47-6-2, permit revision; K.A.R. 47-16-9, contractor 
responsibility; and K.A.R. 47-16-10, exclusion of certain noncoal 
reclamation sites.
    Because these changes are minor, we find that they will not make 
Kansas' regulations less effective than the corresponding Federal 
regulations.

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on the amendment, but did not receive 
any.

Federal Agency Comments

    On August 5, 2002, under 30 CFR 732.17(h)(11)(i) and section 503(b) 
of SMCRA, we requested comments on the amendment from various Federal 
agencies with an actual or potential interest in the Kansas program 
(Administrative Record No. KS-623.1). The U.S. Fish and Wildlife 
Service responded on August 15, 2002, that it had reviewed the 
amendment and had no comments to offer (Administrative Record No. KS-
623.02).

Environmental Protection Agency (EPA) Concurrence and Comments

    Under 30 CFR 732.17(h)(11)(ii), we are required to get a written 
concurrence from EPA for those provisions of the program amendment that 
relate to air or water quality standards issued under the authority of 
the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean Air Act (42 
U.S.C. 7401 et seq.). None of the changes that Kansas proposed to make 
in this amendment revised air or water quality standards. Therefore, we 
did not ask EPA to concur on the amendment.
    On August 5, 2002, under 30 CFR 732.17(h)(11)(i), we requested 
comments on the amendment from EPA

[[Page 14325]]

(Administrative Record No. KS-623.01). EPA did not respond to our 
request.

State Historic Preservation Officer (SHPO) and the Advisory Council on 
Historic Preservation (ACHP)

    Under 30 CFR 732.17(h)(4), we are required to request comments from 
the SHPO and ACHP on amendments that may have an effect on historic 
properties. On August 5, 2002, we requested comments on Kansas' 
amendment (Administrative Record No. KS-623.01). The SHPO responded on 
August 28, 2002, that it did not foresee any negative effects from the 
proposed amendment (Administrative Record No. KS-623.03).

V. OSM's Decision

    Based on the above findings, we approve the amendment Kansas sent 
us on July 24, 2002, and as revised on January 15, 2003.
    We approve the regulations proposed by Kansas with the provision 
that they be fully promulgated in identical form to the rules submitted 
to and reviewed by OSM and the public.
    To implement this decision, we are amending the Federal regulations 
at 30 CFR part 916, which codify decisions concerning the Kansas 
program. We find that good cause exists under 5 U.S.C. 553(d)(3) to 
make this final rule effective immediately. Section 503(a) of SMCRA 
requires that the State's program demonstrate that the State has the 
capability of carrying out the provisions of the Act and meeting its 
purposes. Section 405(d) of SMCRA requires that the State have a 
program that is in compliance with the procedures, guidelines, and 
requirements established under the Act. Making this final rule 
effective immediately will expedite that process. SMCRA requires 
consistency of State and Federal standards.

VI. 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. The provisions in the rule based on other 
counterpart Federal regulations do not have takings implications. This 
determination is based on the analysis performed for the counterpart 
Federal regulations.

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. These standards are also not 
applicable to the actual language of State and Tribal abandoned mine 
land reclamation plans and plan amendments because each plan is drafted 
and promulgated by a specific State or Tribe, not by OSM. Decisions on 
proposed abandoned mine land reclamation plans and plan amendments 
submitted by a State or Tribe are based solely on a determination of 
whether the submittal meets the requirements of Title IV of SMCRA (30 
U.S.C. 1231-1243) and 30 CFR part 884 of the 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. Section 503(a)(7) requires 
that State programs contain rules and regulations ``consistent with'' 
regulations issued by the Secretary pursuant to SMCRA. Section 405(d) 
of SMCRA requires State abandoned mine reclamation programs to be in 
compliance with the procedures, guidelines, and requirements 
established under SMCRA.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have evaluated the 
potential effects of this rule on Federally recognized Indian tribes 
and have determined that the rule does not have substantial direct 
effects on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes. 
This determination is based on the fact that the Kansas program does 
not regulate coal exploration and surface coal mining and reclamation 
operations on Indian lands. Therefore, the Kansas program has no effect 
on Federally recognized Indian tribes.

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). Also agency decisions on proposed State and Tribal 
abandoned mine land reclamation plans and plan amendments are 
categorically excluded from compliance with the National Environmental 
Policy Act (42 U.S.C. 4332) by the Manual of the Department of the 
Interior (516 DM 6, appendix 8, paragraph 8.4B(29)).

Paperwork Reduction Act

    This rule does not contain information collection requirements that

[[Page 14326]]

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 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: February 7, 2003.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.

    For the reasons set out in the preamble, 30 CFR part 916 is amended 
as set forth below:

PART 916--KANSAS

    1. The authority citation for part 916 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    2. Section 916.12 is amended by revising the section heading to 
read as follows:


Sec.  916.12  State regulatory program and proposed program amendment 
provisions not approved.

    3. Section 916.15 is amended in the table by adding a new entry in 
chronological order by ``Date of final publication'' to read as 
follows:


Sec.  916.15  Approval of Kansas regulatory program amendments.

* * * * *

------------------------------------------------------------------------
     Original amendment         Date of final
       submission date           publication      Citation/description
------------------------------------------------------------------------
 
                              * * * * * * *
July 24, 2002...............  March 25, 2003..  K.A.R. 47-2-75; 47-3-2,
                                                 42; 47-4-14a(c)(2);47-5-
                                                 5a, 17; 47-6-1,
                                                 2(d)(2), 3, 4, 6, 8, 9,
                                                 10, 11; 47-7-2; 47-8-9;
                                                 47-9-1, 4; 47-10-1; 47-
                                                 11-8; 47-12-4; 47-13-4;
                                                 47-14-7; 47-15-1a.
------------------------------------------------------------------------


    4. Section 916.25 is amended in the table by adding a new entry in 
chronological order by ``Date of final publication'' to read as 
follows:


Sec.  916.25  Approval of Kansas abandoned mine land reclamation plan 
amendments.

* * * * *

------------------------------------------------------------------------
     Original amendment         Date of final
       submission date           publication      Citation/description
------------------------------------------------------------------------
 
                              * * * * * * *
July 24, 2002...............  March 25, 2003..  K.A.R. 47-16-9(a), 47-16-
                                                 10(b), and 47-16-12.
------------------------------------------------------------------------

[FR Doc. 03-7024 Filed 3-24-03; 8:45 am]
BILLING CODE 4310-05-P