Federal Register / Vol. 66, No. 90 / Wednesday, May 9, 2001 / Rules and Regulations 23605

Original amendment

submission date

Date of final

publication Citation/description

* ** * * * *

October 5, 2000 .......... May 9, 2001 ................ 10 CSR 40–3.010(6); 3.020(1); 3.020(3); 3.040(2)(A)1, 2, 3.B, 4, 5, 6; 3.040(4)(A)1 and (B)3;

3.040(6)(A), (B), (C), (E), (F), (G), (H), (Q), (T), (U); 3.040(8); 3.040(10)(A), (B)5, (L), (M),

(N), (O), (O)1, (O)2.A and B, (O)2.C, (O)3, (O)3.A and B; 3.040(10)(O)3.C [not approved];

3.040(13)(A)1.A and (B)1; 3.040(14)(B)3; 3.040(17); 3.050 Purpose; 3.050(1)(D)1.A;

3.050(2)(A); 3.050(3)(C)1; 3.080(1)(A); 3.080(3)(D); 3.080(8)(A); 3.090; 3.110(4)(A);

3.110(5)(A); 3.110(6)(B); 3.120(5); 3.120(8)(A)4, (B), (D)2 and 8; 3.140(1)(A); 3.200(2)(A)1,

2, 3.A, 4, 5, 6; 3.200(4)(B)3; 3.200(6)(A), (B), (C), (E), (F), (G), (Q), (T), (U); 3.200(8),

3.200(10)(A), (B)5, (K), (L), (M), (N), (O), (O)1, (O)2.A, B, and C, (O)3, (O)3.A and B;

3.200(10)(O)3.C [not approved]; 3.200(12) (A)1.A and (B)1; 3.200(13)(B)3; 3.200(16);

3.240 [partial approval]; 3.270(5); 3.270(8)(A)4 and (B); 4.010 Purpose; 4.010 (3)(J);

4.020(2)(B); 4.030 Purpose; 4.030 (3)(A); 4.030(4)(A), (B), (C); 4.030(6)(A), 4.030(7)(B)2

and 7; 4.050(11), (12); 5.010(1)(B); 5.010(2)(E); 6.010(4)(B)2; 6.010(6)(A); 6.020 Purpose;

6.020(5); 6.020(7)(A); 6.030(1)(C), (D), (I); 6.030(2)(C); 6.040(5)(B)1.E; 6.040(16)(C)1 and

3; 6.050(1); 6.050(5)(B)11, (C), and (C)1; 6.050(7)(D)1; 6.050(9)(C)3 and 4, (D)3, (E);

6.050(11)(A), (A)1.A, 2 and 3, (B), (C), (F); 6.050(17)(B); 6.060(4)(C)1 and 5, (D)1, (E)5;

6.070(3) and (3)(B); 6.070(4)(A); 6.070(5)(B)4; 6.070(8)(C), (D)3; 6.070(10) (D);

6.090(4)(B)2; 6.090(6)(A); 6.090(7); 6.100(1)(I); 6.100(2)(C); 6.120(5)(E); 6.120(7)(A), (A)2

and 3, (B)1, (C), (F); 6.120(12)(D)1; 6.120(14)(B)10, (C)1; 6.120(15)(B); 7.011(6)(A)8,

(D)2.C(II), 5.A and C, 8; 7.021(1)(C) and (D); 7.021(2)(A), (B)5 and 6; 7.021(3)(C) and (D);

8.010(1) (A)9, 12, 52.C, 59, 73, 82, 87, 89, and 97B; 8.030(1)(F)4.A and (G); 8.030(6)(A)3

and (B)1; 8.030(10)(A); 8.030(12)(C); 8.050 Purpose; 8.050(1); 8.050(2)(B); 8.050(5)(A)

and (B); 8.050(9)(A); 8.070(2)(C)1.A(II)(a) [partial approval] and 10.F, (F), (G).

4. Section 925.16 is amended by

removing and reserving paragraphs (b),

(f)(1), (g), (p)(5), (p)(9), (p)(10), (p)(11),

(p)(12), (p)(14), (p)(16), (p)(18), (p)(21),

(q), (q)(2), and (u); by revising

paragraphs (p), (p)(4), and (p)(20) and

adding paragraph (v) to read as follows:

§ 925.16 Required program amendments.

* * * * *

(p) By May 10, 2002, Missouri shall

amend its program as follows:

* * * * *

(4) At 10 CSR 40–3.240 by providing

performance standards that address air

quality in a manner no less effective

than the Federal regulations at 30 CFR

817.95(a).

* * * * *

(20) At 10 CSR 40–

8.070(2)(C)1.A(II)(a) and (b) to revise the

definition of cumulative measurement

period to provide appropriate dates for

the end of the period for which

cumulative production and revenue is

reported that are no earlier than

September 29, 1992, in accordance with

the Federal regulation requirements at

30 CFR 702.5(a)(2)(i) and (ii).

* * * * *

(v) By May 10, 2002, Missouri must

submit either an amendment or a

description of an amendment to be

proposed, together with a timetable for

adoption of proposed revisions to

remove its provisions at 10 CSR 40–

3.040(10)(O)3.C and 40–3.200(10)(O)3.C.

5. Section 925.25 is amended in the

table by adding a new entry in

chronological order by ‘‘Date of final

publication’’ to read as follows:

§ 925.25 Approval of Missouri abandoned

mine land reclamation plan amendments.

* * * * *

Original amendment

submission date

Date of final

publication Citation/description

*******

October 5, 2000 .......... May 9, 2001 ................ 10 CSR 40–9.020(1)(D)4 and (F).

[FR Doc. 01–11635 Filed 5–8–01; 8:45 am]

BILLING CODE 4310–05–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 936

[SPATS No. OK–025–FOR]

Oklahoma Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement, Interior.

ACTION: Final rule, approval of

amendment.

SUMMARY: The Office of Surface Mining

Reclamation and Enforcement (OSM) is

approving an amendment to the

Oklahoma regulatory program

(Oklahoma program) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). Oklahoma proposed

revisions to it rules concerning permit

revisions. Oklahoma intends to revise

its program to be consistent with the

corresponding Federal regulations.

EFFECTIVE DATE: May 9, 2001.

FOR FURTHER INFORMATION CONTACT:

Michael C. Wolfrom, Director, Tulsa

Field Office, Office of Surface Mining,

5100 East Skelly Drive, Suite 470, Tulsa,

Oklahoma 74135–6548. Telephone:

(918) 581–6430. Internet:

mwolfrom@osmre.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background on the Oklahoma Program

II. Submission of the Amendment

III. Director’s Findings

IV. Summary and Disposition of Comments

V. Director’s Decision

VI. Procedural Determinations

I. Background on the Oklahoma

Program

On January 19, 1981, the Secretary of

the Interior conditionally approved the

23606 Federal Register / Vol. 66, No. 90 / Wednesday, May 9, 2001 / Rules and Regulations

Oklahoma program. You can find

background information on the

Oklahoma program, including the

Secretary’s findings, the disposition of

comments, and the conditions of

approval in the January 19, 1981,

Federal Register (46 FR 4902). You can

find later actions concerning the

Oklahoma program at 30 CFR 936.15

and 936.16.

II. Submission of the Amendment

By letter dated January 25, 2001

(Administrative Record No. OK–990),

the Oklahoma Department of Mines

(Department) sent us an amendment to

the Oklahoma program under SMCRA

and the Federal regulations at 30 CFR

732.17(b). Oklahoma sent the

amendment at its own initiative.

Oklahoma is amending its rules at OAC

460:20–17–3 concerning permit

revisions by providing guidelines for

determining when a permit revision is

major/significant or minor and by

specifying a time period for approval or

disapproval of a permit revision

application.

We announced receipt of the

amendment in the February 15, 2001,

Federal Register (66 FR 10403). 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. The public comment

period closed on March 19, 2001.

Because no one requested a public

hearing or meeting, we did not hold

one.

III. Director’s Findings

Following, under SMCRA and the

Federal regulations at 30 CFR 732.15

and 732.17, are the Director’s findings

concerning the amendment to the

Oklahoma program.

The Federal regulations at 30 CFR

774.13(b)(1) and (2) require regulatory

authorities to establish—

(1) A time period within which the

regulatory authority will approve or

disapprove an application for a permit

revision; and

(2) Guidelines establishing the scale

or extent of revisions for which all the

permit application information

requirements and procedures of

Subchapter G, including notice, public

participation, and notice of decision

requirements of 30 CFR 773.13,

773.19(b)(1) and (3), and 778.21 apply.

All permit application information

requirements and procedures must

apply at a minimum to significant

permit revisions.

As shown below, we found that

Oklahoma’s guidelines meet the

requirements of the Federal regulations

at 30 CFR 774.13(b)(1) and (2). Any

revisions that we do not discuss below

are about minor wording changes, or

revised cross-references and paragraph

notations to reflect organizational

changes resulting from this amendment.

A. OAC 460:20–17–3(a) General. At

Section 460:20–17–3(a) Oklahoma is

adding the following provision:

(a) Any revision application to the

approved mining or reclamation plan will be

subject to review and approval by the

Department. During the revision review, the

revision will be classified as either: (1) Major

or Significant; or (2) Minor.

The Federal regulation at 30 CFR

774.13(b)(2) requires the regulatory

authority to establish guidelines for the

scale or extent of revisions for which all

the permit application requirements

will apply. It allows flexibility to the

regulatory authority to establish both

significant and insignificant permit

revision guidelines suitable to the

operation of the State program. We find

that Oklahoma’s rule at OAC 460:20–

17–3(a) meets the requirements of this

Federal regulation, and we are

approving it.

B. OAC 460:20–17–3(b) Application

requirements and procedures.

Oklahoma is removing the existing

provisions in Section 460:20–17–3(b),

and adding the following new

provisions:

(b) Application requirements and

procedures. A permittee is required to submit

any permit revision applications to the Chief

of Technical Services for review. The

Technical Service review shall determine:

(1) Whether the permittee has provided all

technical and public notice requirement

information the Department deems necessary

to adequately evaluate and find that the

revision meets the requirements of the

statutes and of this Chapter; and

(2) Whether the revision application

contains any deficiencies. The Department is

required to send written notification to the

permittee of any deficiencies along with a

response date deadline for answering the

deficiencies noted. Any deadline extension

requests shall be in writing and are subject

to the approval of the Chief of Technical

Services. Failure of the permittee to file

written responses within the required time

frames, will result in the denial of the

revision application.

The Federal regulation at 30 CFR

774.13(b)(2) requires the regulatory

authority to establish guidelines for the

scale or extent of revisions for which all

the permit application requirements

will apply. The Federal regulations

provide flexibility to the regulatory

authority to establish guidelines suitable

to the operation of the State program.

We find that Oklahoma’s rule at OAC

460:20–17–3(b) meets the requirement

of the Federal regulation, and we are

approving it.

C. OAC 460:20–17–3(c) Significant

revisions. Oklahoma is moving the

existing provision in Section 460:20–

17–3(c) to new Section 460:20–17–3(f),

and is adding the following provision to

Section OAC 460:20–17–3(c):

(c) A significant revision to the mining or

reclamation plan will be subject to the permit

application information requirements and

procedures of this Subchapter, including

notice, public participation, and notice of

decision requirements of Sections 460:20–

15–5, 460:20–15–8(b)(1) and (3), and 460:20–

23–9 prior to approval by the Department

and implementation by the permittee.

The Federal regulation at 30 CFR

774.13(b)(2) requires all permit

application information requirements

and procedures of Subchapter G,

including notice, public participation,

and notice of decision requirements of

30 CFR 773.13, 773.19(b)(1) and (3), and

778.21 to apply at a minimum to

significant permit revisions. We find

that Oklahoma’s rule at OAC 460:20–

17–3(c) contains the same requirements

for significant permit revisions, and

therefore, is no less effective than the

Federal regulation.

D. OAC 460:20–17–3(d) Departmental

consideration. Oklahoma is moving the

existing provision in Section 460:20–

17–3(d) to new Section 460:20–17–3(g),

and is adding the following new

provisions to Section OAC 460:20–17–

3(d):

(d) Departmental consideration. The

Department will consider any proposed

revision to be significant if its

implementation could reasonably be

expected, in the opinion of the Director, to

result in any adverse impact to persons,

property, or the environment outside the

permit area. Revisions with impacts confined

to the permit area will be evaluated on a case

by case basis to determine if significant.

While consideration will be given to the size,

location, type and extent of impact in

classifying a revision, the following will

typically be considered significant:

(1) Incidental boundary changes;

(2) Hydrology plan changes which could

have adverse impacts outside the permit

acres, such as:

(A) The addition or relocation of

permanent impoundments;

(B) The addition, deletion, or relocation of

stream diversions; and

(C) The addition or deletion of acid mine

drainage treatment facilities;

(3) The addition of a coal wash plant;

(4) The addition of or changes to a non coal

waste storage plan;

(5) Construction or relocation of county

roads;

(6) Addition of blasting plans;

(7) Postmining land use changes to

residential, industrial or commercial (except

for changes involving oil and gas wells and

Federal Register / Vol. 66, No. 90 / Wednesday, May 9, 2001 / Rules and Regulations 23607

private roads), recreation, or developed water

resources as discussed 460:20–27–14(a)(2);

(8) Changes impacting historical or cultural

areas, high value wildlife habitat, and parks

and public places;

(9) Permanent changes which could have a

limiting or adverse effect on the long term

future of the land; and

(10) Other changes deemed significant by

the Director which affect the landowner and

or the public.

The Federal regulation at 30 CFR

774.13(b)(2) requires the regulatory

authority to establish guidelines for the

scale or extent of revisions for which all

the permit application requirements

will apply. The Federal regulations

provide flexibility to the regulatory

authority to establish permit revision

guidelines suitable to the operation of

the State program. We find that

Oklahoma’s rule at OAC 460:20–17–3(d)

meets the requirement of this Federal

regulation, and we are approving it.

E. OAC 460:20–17–3(e) Minor

revisions. Oklahoma is adding the

following new provisions at OAC

460:20–17–3(e):

(e) Minor revisions. The following

revisions are typically considered minor

revisions:

(1) Changes to pond designs;

(2) Addition or deletion of dewatering

pipes on ponds;

(3) Addition, deletion or changes to office

facilities, explosive storage areas, temporary

haul roads, and coal pads;

(4) Changes to surface and groundwater

monitoring plans;

(5) Vegetation changes;

(6) Change of operator without a change of

permittee; and

(7) Conversion to incremental bonding or

change to bond increments, pursuant to the

requirements of Subchapter 37 of this

Chapter.

The Federal regulation at 30 CFR

774.13(b)(2) requires the regulatory

authority to establish guidelines for the

scale or extent of revisions for which all

the permit application requirements

will apply. It allows flexibility to the

regulatory authority to establish both

significant and insignificant permit

revision guidelines suitable to the

operation of the State program. We find

that Oklahoma’s rule at OAC 460:20–

17–3(e) meets the requirements of this

Federal regulation, and we are

approving it.

F. OAC 460:20–17–3(h) Application

decisions. Oklahoma is adding the

following new provision at Section

460:20–17–3(h):

(h) The Department will make a decision

of approval or denial of a revision

application within six months of receipt of

the application unless the application, or

some aspect of the application, is under

technical, administrative or judicial review.

The Federal regulation at 30 CFR

774.13(b)(1) requires a regulatory

authority to establish a time period

within which he or she will approve or

disapprove an application for a permit

revision. The Federal regulation

provides flexibility to the regulatory

authority in establishing time periods

suitable to operation of the State

program. We find that Oklahoma’s rule

at OAC 460:20–17–3(h) meets the

requirements of the Federal regulation,

and we are approving it.

IV. Summary and Disposition of

Comments

Federal Agency Comments

On February 5, 2001, under section

503(b) of SMCRA and 30 CFR

732.17(h)(11)(i) of the Federal

regulations, we requested comments

from various Federal agencies with an

actual or potential interest in the

Oklahoma amendment (Administrative

Record No. OK–990.01). The U. S. Army

Corps of Engineers responded on March

2, 2001 (Administrative Record No. OK–

990.02), that the proposed amendment

was satisfactory to the agency.

Environmental Protection Agency (EPA)

Under 30 CFR 732.17(h)(11)(ii), we

are required to obtain the written

concurrence of the 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 revisions that

Oklahoma proposed to make in this

amendment pertain to air or water

quality standards. Therefore, we did not

ask the EPA for its concurrence.

Under 30 CFR 732.17(h)(11)(i), we

requested comments on the amendment

from the EPA (Administrative Record

No. OK–990.01). The EPA did not

respond to our request.

State Historical 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 February 5, 2001, we

requested comments on Oklahoma’s

amendment (Administrative Record No.

OK–990.01), but neither responded to

our request.

Public Comments

We requested public comments on the

amendment, but did not receive any.

V. Director’s Decision

Based on the above findings, we

approve the amendment as sent to us by

Oklahoma on January 25, 2001.

We approve the rules that Oklahoma

proposed with the provision that they

be promulgated in identical form to the

rules sent to and reviewed by OSM and

the public.

To implement this decision, we are

amending the Federal regulations at 30

CFR Part 936, which codify decisions

concerning the Oklahoma program. We

are making this final rule effective

immediately to expedite the State

program amendment process and to

encourage Oklahoma to bring its

program into conformity with the

Federal standards. SMCRA requires

consistency of State and Federal

standards.

VI. Procedural Determinations

Executive Order 12866—Regulatory

Planning and Review

This rule is exempted from review by

the Office of Management and Budget

(OMB) 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 regulation.

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

23608 Federal Register / Vol. 66, No. 90 / Wednesday, May 9, 2001 / Rules and Regulations

programs and program amendments

since 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.

National Environmental Policy Act

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

1292(d)) provides a decision on a

proposed State regulatory program

provision does not constitute major

Federal action within the meaning of

section 102(2)(C) of the National

Environmental Policy Act (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 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.

Therefore, 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 936

Intergovernmental relations, Surface

mining, Underground mining.

Dated: April 25, 2001.

Charles E. Sandberg,

Acting Regional Director, Mid-Continent

Regional Coordinating Center.

For the reasons set out in the

preamble, 30 CFR Part 936 is amended

as set forth below:

PART 936—OKLAHOMA

1. The authority citation for Part 936

continues to read as follows:

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

2. Section 936.15 is amended in the

table by adding a new entry in

chronological order by ‘‘Date of final

publication’’ to read as follows:

§ 936.15 Approval of Oklahoma regulatory

program amendments.

* * * * *

Original amendment

submission date

Date of final

publication Citation/description

*******

January 25, 2001 ........ May 9, 2001. ............... OCA 460:20–17–3.

[FR Doc. 01–11634 Filed 5–8–01; 8:45 am]

BILLING CODE 4310–05–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–01–062]

RIN 2115–AE47

Drawbridge Operation Regulations:

Hackensack River, NJ

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary final rule

governing the operation of the Lincoln

Highway Bridge, at mile 1.8, across the

Hackensack River at Jersey City, New

Jersey. This temporary final rule

requires vessels to provide a one-hour

daytime advance notice and a four-hour

nighttime advance notice for bridge

openings from May 8, 2001 through July

31, 2001. This action is necessary to

facilitate completion of maintenance at

the bridge.

DATES: This temporary final rule is

effective from May 8, 2001 through July

31, 2001.

ADDRESSES: The public docket and all

documents referred to in this notice are

available for inspection or copying at

the First Coast Guard District, Bridge

Branch Office, 408 Atlantic Avenue,

Boston, Massachusetts, 02110, 7 a.m. to

3 p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ms.

Judy Yee, Project Officer, First Coast

Guard District, (212) 668–7165.

SUPPLEMENTARY INFORMATION:

Regulatory Information

Pursuant to 5 U.S.C. 553, a notice of

proposed rulemaking (NPRM) was not

published for this regulation. Good

cause exists for not publishing a NPRM

and for making this regulation effective

in less than 30 days after publication in

the Federal Register. This temporary

rule will extend the time period the

bridge will operate on an advance notice

basis in order to complete maintenance

repairs that were scheduled to be

completed by May 7, 2001. The Coast