Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Proposed Rules 42715

9. Reclamation Review Checklist

Indiana made various revisions to the

reclamation review checklist. These

revisions include adding the

consideration of impacts to State Nature

Preserves, State Forests, State

Reservoirs, and State endangered or

threatened species and deleting the

consideration of historic and cultural

resources and Federal threatened and

endangered species.

10. Amendment E.R.P. (Emergency

Reclamation Program)

Indiana deleted the table of contents

and its reference to 30 CFR 884.13(c)(5)

and (6) and revised the restoration

program organizational structure chart

and the description of responsibilities

for the emergency program coordinator.

III. Public Comment Procedures

In accordance with the provisions of

30 CFR 884.15(a), OSM is seeking

comments on whether the proposed

amendment satisfies the applicable

program approved criteria of 30 CFR

884.14. If the amendment is deemed

adequate, it will become part of the

Indiana 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 Indianapolis Field Office

will not necessarily be considered in the

final rulemaking or included in the

Administrative Record.

Public Hearing

Persons wishing to speak at the public

hearing should contact the person listed

under FOR FURTHER INFORMATION

CONTACT by 4:00 p.m., e.s.t. on August

25, 1997. The location and time of the

hearing will be arranged with those

persons requesting the hearing. Any

disabled individual who has need for a

special accommodation to attend a

public hearing should contact the

individual listed under FOR FURTHER

INFORMATION CONTACT.

Filing of a written statement at the

time of the hearing is requested as it

will greatly assist the transcriber.

Submission of written statements in

advance of the hearing will allow OSM

officials to prepare adequate responses

and appropriate questions. The public

hearing will continue on the specified

date until all persons scheduled to

speak have been heard. Persons in the

audience who have not been scheduled

to speak, and who wish to do so, will

be heard following those who have been

scheduled. The hearing will end after all

persons scheduled to speak and persons

present in the audience who wish to

speak have been heard. If no one

requests an opportunity to speak at the

public hearing, the hearing will not be

held.

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. Persons wishing

to meet with OSM representatives to

discuss the proposed amendment may

request a meeting by contacting the

person listed under FOR FURTHER

INFORMATION CONTACT. All such meetings

will be open to the public and, if

possible, notices of meetings will be

posted at the locations listed under

ADDRESSES. A written summary of each

meeting will be made a part of 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 and Tribal abandoned mine

land reclamation plans and revisions

thereof since each such plan is drafted

and promulgated by a specific State or

Tribe, not by OSM. Decisions on

proposed abandoned mine land

reclamation plans and revisions thereof

submitted by a State or Tribe are based

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.

National Environmental Policy Act

No environmental impact statement is

required for this rule since agency

decisions on proposed State or Tribal

abandoned mine land reclamation plans

and revisions thereof 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

require approval by OMB under the

Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

Regulatory Flexibility Act

The Department of the Interior has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). The submittal which

is the subject of the rule is based upon

corresponding 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. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions in the analyses for

the corresponding Federal regulations.

Unfunded Mandates

This rule will not impose a cost of

$100 million or more in any given year

on any governmental entity or the

private sector.

List of Subjects in 30 CFR Part 914

Intergovernmental relations, Surface

mining, Underground mining.

Dated: July 31, 1997.

Charles E. Sandberg,

Acting Regional Director, Mid-Continent

Regional Coordinating Center.

[FR Doc. 97–21034 Filed 8–7–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 936

[SPATS No. OK–022–FOR]

Oklahoma Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing.

SUMMARY: OSM is announcing receipt of

a proposed amendment to the Oklahoma

regulatory program (hereinafter the

‘‘Oklahoma program’’) under the
42716 Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Proposed Rules

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

proposed amendment consists of

revisions to Oklahoma’s regulations

pertaining to normal husbandry

practices. The amendment is intended

to revise the Oklahoma program to

improve operational efficiency.

This document sets forth the times

and locations that the Oklahoma

program and proposed amendment to

that program are available for public

inspection, the comment period during

which interested persons may submit

written comments on the proposed

amendment, and the procedures that

will be followed regarding the public

hearing, if one is requested.

DATES: Written comments must be

received by 4:00 p.m., c.d.t., September

8, 1992. If requested, a public hearing

on the proposed amendment will be

held on September 2, 1997. Requests to

speak at the hearing must be received by

4:00 p.m., c.d.t. on August 25, 1997.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to Michael

C. Wolfrom, Director, Tulsa Field Office,

at the address listed below.

Copies of the Oklahoma program, the

proposed amendment, a listing of any

scheduled public hearings, and all

written comments received in response

to this document will be available for

public review at the addresses listed

below during normal business hours,

Monday through Friday, excluding

holidays. Each requester may receive

one free copy of the proposed

amendment by contacting OSM’s Tulsa

Field Office.

Michael C. Wolfrom, Director, Tulsa

Field Office, Office of Surface Mining

Reclamation and Enforcement, 5100

East Skelly Drive, Suite 470, Tulsa,

Oklahoma 74135–6547, Telephone:

(918) 581–6430.

Oklahoma Department of Mines, 4040

N. Lincoln Blvd., Suite 107, Oklahoma

City, Oklahoma 73105, Telephone (405)

521–3859.

FOR FURTHER INFORMATION CONTACT:

Michael C. Wolfrom, Director, Tulsa

Field Office, Telephone: (918) 581–

6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Oklahoma

Program

On January 19, 1981, the Secretary of

the Interior conditionally approved the

Oklahoma program. Background

information on the Oklahoma program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the January 19, 1981, Federal Register

(46 FR 4902). Subsequent actions

concerning the conditions of approval

and program amendments can be found

at 30 CFR 936.15 and 936.16.

II. Description of the Proposed

Amendment

By letter dated July 3, 1997

(Administrative Record No. OK–978),

Oklahoma submitted a proposed

amendment to its program pursuant to

SMCRA. Oklahoma submitted the

proposed amendment at its own

initiative. Oklahoma proposes to amend

the Oklahoma Administrative Code

(OAC) for surface mining operations at

OAC 460:20–43–46(c)(4) and

underground mining operations at OAC

460:20–45–46(c)(4) by adding criteria

for normal husbandry practices in the

State. The full text of the proposed

program amendment submitted by

Oklahoma is available for public

inspection at the locations listed above

under ADDRESSES. A brief discussion of

the proposed amendment is presented

below.

Oklahoma is proposing normal

husbandry practices for reseeding,

fertilizing, liming, weed and pest

control, mulching, irrigation, pruning,

transplanting and replanting trees and

shrubs, removal and reclamation of

temporary structures, and repair of rills

and gullies.

To determine if husbandry practices

used by the surface and underground

mining operations are normal

husbandry practices, Oklahoma will

judge management practices on mined

lands against the recommended

practices for unmined lands provided

by the Oklahoma State University (OSU)

and the United States Department of

Agriculture Natural Resources

Conservation Service (NRCS). OSU has

established and publishes

recommended fertility and management

practices for row crops, hayland, and

grazingland that are tailored for soil

conditions, crop rotations, tillage and

application practices. OSU has

extension offices throughout the State to

provide more site specific

recommendations, if needed. Oklahoma

will use guidelines prepared by the

NRCS in determining whether rill and

gully repair on mined lands is

augmentative or non-augmentative.

OAC 460:20–43–46(c)(4)(A) and

460:20–45–46(c)(4)(A) specify that

Oklahoma will consider limited

reseeding and associated fertilizing and

liming as non-augmentative if the area

is small in relation to the permit area,

watershed, or surface property

boundary, whichever is smaller. The

reclaimed area must meet postmining

land use and bond release requirements.

At OAC 460:20–43–46(c)(4)(B) and

460:20–45–46(c)(4)(B), approved

agricultural practices published by the

OSU Cooperative Extension Service,

including fertilizing, liming, weed and

pest control, and mulching, are not

considered augmentation.

At OAC 460:20–43–46(c)(4)(C) and

460:20–45–46(c)(4)(C), on all lands with

a postmining land use other than

cropland, any areas reseeded or

replanted as a part or result of a normal

husbandry practice must be small in

size and limited in extent of occurrence,

or a part of a hay management plan. A

hay management plan is an agricultural

practice described by the OSU

Cooperative Extension Service.

OAC 460:20–43–46(c)(4)(D) and

460:20–45–46(c)(4)(D) specify that the

repair of rills and gullies will not be

considered an augmentation practice if

the occurrences and treatment of such

rills and gullies constitute a normal

conservation practice in the region. In

the coal mining region of Oklahoma, the

normal range of precipitation during fall

or spring seeding seasons may result in

the formation of rills and gullies during

the initial establishment of permanent

vegetative cover for any land use.

Continued treatment of rills and gullies

after initial vegetative establishment

would be considered an augmentative

practice that would restart the liability

period. Oklahoma also defines the

treatment of rills and gullies requiring

permanent reseeding of more than 10

acres in a contiguous block or 10

percent of a permit area initially seeded

during a single year to be an

augmentative practice. This section also

specifies the types of treatment for

repair of rills and gullies, including

seeding, mulching, and erosion control

measures.

At OAC 460:20–43–46(c)(4)(E) and

460:20–45–46(c)(4)(E), liming,

fertilizing, mulching, seeding or

stocking following the reclamation of

temporary haul roads, temporary

sediment or hydraulic control

structures, areas disturbed by the

installation or removal of oil and gas

wells or utility lines, and areas where

the vegetation was disturbed by

vehicular traffic not under the control of

the permittee will not be considered

augmentation.

OAC 460:20–43–46(c)(4)(F) and

460:20–45–46(c)(4)(F) specify that

irrigation, reliming, and refertilizing

revegetated areas; reseeding cropland;

and renovating pastureland by

overseeding with legumes after Phase II

bond release shall be considered normal

husbandry practices if the amount and

frequency of these practices do not

exceed normal husbandry practices
Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Proposed Rules 42717

used on unmined land within the

region.

At OAC 460:20–43–46(c)(4)(G) and

460:20–45–46(c)(4)(G), other normal

husbandry practices that may be

conducted on postmining land uses of

fish and wildlife habitat, recreation, and

forestry without restarting the liability

period are disease, pest, and vermin

control; pruning; and transplanting and

replanting trees and shrubs in

accordance with OAC 460:20–43–

46(b)(3) and 460:20–45–46(b)(3).

III. Public Comment Procedures

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

Oklahoma 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 Tulsa Field Office will

not necessarily be considered in the

final rulemaking or included in the

Administrative Record.

Public Hearing

Persons wishing to speak at the public

hearing should contact the person listed

under FOR FURTHER INFORMATION

CONTACT by 4:00 p.m., c.d.t. on August

25, 1997. The location and time of the

hearing will be arranged with those

persons requesting the hearing. Any

disabled individual who has need for a

special accommodation to attend a

public hearing should contact the

individual listed under FOR FURTHER

INFORMATION CONTACT. If no one requests

an opportunity to speak at the public

hearing, the hearing will not be held.

Filing of a written statement at the

time of the hearing is requested as it

will greatly assist the transcriber.

Submission of written statements in

advance of the hearing will allow OSM

officials to prepare adequate responses

and appropriate questions.

The public hearing will continue on

the specified date until all persons

scheduled to speak have been heard.

Persons in the audience who have not

been scheduled to speak, and who wish

to do so, will be heard following those

who have been scheduled. The hearing

will end after all persons scheduled to

speak and persons present in the

audience who wish to speak have been

heard.

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. Persons wishing

to meet with OSM representatives to

discuss the proposed amendment may

request a meeting by contacting the

person listed under FOR FURTHER

INFORMATION CONTACT. All such meetings

will be open to the public and, if

possible, notices of meetings will be

posted at the locations listed under

ADDRESSES. A written summary of each

meeting will be made a part of the

Administrative Record.

IV. Procedural Determinations

Executive Order 12866

This rule is exempted from review by

the Office of Management and Budget

(OMB) under Executive Order 12866

(Regulatory Planning and Review).

Executive Order 12988

The Department of the Interior has

conducted the reviews required by

section 3 of Executive Order 12988

(Civil Justice Reform) and has

determined that, to the extent allowed

by law, this rule meets the applicable

standards of subsections (a) and (b) of

that section. However, these standards

are not applicable to the actual language

of State regulatory programs and

program amendments since each such

program is drafted and promulgated by

a specific State, not by OSM. Under

sections 503 and 505 of SMCRA (30

U.S.C. 1253 and 1255) and 30 CFR

730.11, 732.15, and 732.17(h)(10),

decisions on proposed State regulatory

programs and program amendments

submitted by the States must be based

solely on a determination of whether the

submittal is consistent with SMCRA and

its implementing Federal regulations

and whether the other requirements of

30 CFR Parts 730, 731, and 732 have

been met.

National Environmental Policy Act

No environmental impact statement is

required for this rule since section

702(d) of SMCRA (30 U.S.C. 1292(d))

provides that agency decisions on

proposed State regulatory program

provisions do not constitute major

Federal actions within the meaning of

section 102(2)(C) of the National

Environmental Policy Act (42 U.S.C.

4332(2)(C)).

Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by OMB under the

Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

Regulatory Flexibility Act

The Department of the Interior has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). The State submittal

which is the subject of this rule is based

upon counterpart Federal regulations for

which an economic analysis was

prepared and certification made that

such regulations would not have a

significant economic effect upon a

substantial number of small entities.

Accordingly, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented by the State. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions for the

counterpart Federal regulations.

Unfunded Mandates

This rule will not impose a cost of

$100 million or more in any given year

on any governmental entity or the

private sector.

List of Subjects in 30 CFR Part 936

Intergovernmental relations, Surface

mining, Underground mining.

Dated: August 1, 1997.

Russell W. Frum,

Acting Regional Director, Mid-Continent

Regional Coordinating Center.

[FR Doc. 97–21033 Filed 8–7–97; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 81

[AK 17–1705; FRL–5872–4]

Clean Air Act Reclassification;

Fairbanks, Alaska, Carbon Monoxide

Nonattainment Area

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: This action proposes to find

that the Fairbanks North Star Borough,

Alaska, carbon monoxide (CO)

nonattainment area has not attained the

CO national ambient air quality

standards (NAAQS) by December 31,

1995, the Clean Air Act (CAA)

mandated attainment date for moderate

nonattainment areas. This proposed