[Federal Register Volume 60, Number 47 (Friday, March 10, 1995)]
[Rules and Regulations]
[Pages 13040-13042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5921]



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DEPARTMENT OF THE INTERIOR
30 CFR Part 936


Oklahoma Regulatory Program

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

ACTION: Final rule, approval of amendment.

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SUMMARY: OSM is approving a proposed amendment to the Oklahoma 
regulatory program (hereinafter referred to as the ``Oklahoma 
program'') under the Surface Mining Control and Reclamation Act of 1977 
(30 U.S.C. 1201 et seq.). (SMCRA). The proposed amendment consists of 
revisions to Oklahoma's coal mining rules concerning its Small Operator 
Assistance Program (SOAP). The amendment revises the Oklahoma program 
to be consistent with SMCRA and the corresponding Federal regulation.

EFFECTIVE DATE: March 10, 1995.

FOR FURTHER INFORMATION CONTACT: James H. Moncrief, 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. General background information on the 
Oklahoma program, including the Secretary's findings, the disposition 
of comments, and the conditions of approval of the Oklahoma program can 
be found in the January 19, 1981, Federal Register (46 FR 4902). 
Subsequent actions concerning Oklahoma's program and program amendments 
can be found at 30 CFR 936.15, 936.16, and 936.30.

II. Submission of Amendment

    By letter dated September 14, 1994, Oklahoma submitted a proposed 
amendment to its program pursuant to SMCRA (administrative record No. 
OK-964). Oklahoma submitted the proposed amendment at its own 
initiative with the intent of revising the Oklahoma program to be 
consistent with the corresponding Federal regulations.
    Oklahoma proposed to revise its SOAP rules at Oklahoma 
Administrative Code (OAC) sections 460:20-35-3, eligibility for 
assistance; 460:20-35-6, program services and data requirements; and 
460:20-35-7, applicant liability. Here and herein after, OSM refers to 
these revised rules by their new codified numbers because Oklahoma 
proposed in a different amendment recodification of its coal mining 
rules in accordance with the standards set forth by the Oklahoma State 
Legislature and the Office of Administrative Code (See proposed rule 
Federal Register notice, 59 FR 49223, September 27, 1994).
    OSM announced receipt of the proposed amendment in the September 
27, 1994 Federal Register (59 FR 49225), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (administrative record No. OK-964.03). 
Because no one requested a public hearing or meeting, none was held. 
The public comment period ended on October 27, 1994.
    During its review of the amendment, OSM identified concerns 
relating to the provisions of Oklahoma's rules at OAC 460:20-35-
3(a)(2), percentage of ownership and control of the SOAP 
[[Page 13041]] applicant; OAC 460:20-35-6 (a) and (b), extension of 
SOAP funding to other program services and requirements for collection 
of specific kinds of data; and OAC 460:20-35-7, liability periods. OSM 
notified Oklahoma of the concerns by letter dated November 22, 1994 
(administrative record No. OK-964.09).
    Oklahoma responded in a letter dated December 20, 1994, by 
submitting additional explanatory information and revisions to these 
rules (administrative record No. OK-964.11). In addition, Oklahoma 
proposed revisions to OAC 460:20-35-1, definitions.
    Based upon the revisions to and additional explanatory information 
for the proposed program amendment submitted by Oklahoma, OSM reopened 
the public comment period in the December 30, 1994, Federal Register 
(59 FR 67693, administrative record No. OK-964.12). The public comment 
period ended on January 17, 1995.

III. Director's Findings

    As discussed below, the Director, in accordance with SMCRA and 30 
CFR 732.15 and 732.17, finds that the proposed program amendment 
submitted by Oklahoma on September 14, 1994, and as revised by it on 
December 20, 1994, is no less effective than the corresponding Federal 
regulations. Accordingly, the Director approves the proposed amendment.

1. Nonsubstantive Revisions to Oklahoma's Rules

    Oklahoma proposed revisions to the following previously-approved 
rules that are nonsubstantive in nature (the corresponding Federal 
regulation provisions are listed in parentheses):

OAC 460:20-35-3 (a)(2)(D) and (b), (30 CFR 795.6 (a)(2)(iv) and (b)), 
eligibility for assistance;
OAC 460:20-35-6(d), (30 CFR 795.9(d)), program services and data 
requirements; and
OAC 460:20-35-7(a), (30 CFR 795.12(a)), applicant liability.

    Because Oklahoma's proposed revisions of these previously-approved 
rules are nonsubstantive in nature, the Director finds that the 
proposed rules are no less effective than the Federal regulations and 
is approving them.

2. Substantive Revisions to Oklahoma's Rules That Are Substantively 
Identical to the Corresponding Provisions of the Federal Regulations

    Oklahoma proposed revisions to the following rules that are 
substantive in nature and contain language that is substantively 
identical to the requirements of the corresponding Federal regulation 
provisions (listed in parentheses).

OAC 460:20-35-1, (30 CFR 795.3), definitions;
OAC 460:20-35-3(a)(2), (a)(2) (A), and (B), (30 CFR 765.6(a)(2), (i) 
and (ii)), eligibility for assistance;
OAC 460:20-35-6 (a) and (b) (1) through (6), (30 CFR 795.9 (a) and (b) 
(1) through (6)), program services and data requirements; and
OAC 460:20-35-7(a) (2) and (3), (30 CFR 795.12(a) (2) and (3)), 
applicant liability.

    Because the proposed revisions to these Oklahoma rules are 
substantively identical to the corresponding provisions of the Federal 
regulations, the Director finds that they are no less effective than 
the Federal regulations. The Director approves these proposed rules.

IV. Summary and Disposition of Comments

    Following are summaries of all written comments on the proposed 
amendment that were received by OSM, and OSM's responses to them.

1. Public Comments

    OSM invited public comments on the proposed amendment, but none 
were received.

2. Federal Agency Comments

    Pursuant to 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendment from various Federal agencies with an actual or 
potential interest in the Oklahoma program (administrative record No. 
OK-964.02).
    The Bureau of Mines responded in a letter dated September 27, 1994, 
that it had no comment on Oklahoma's proposed revisions (administrative 
record No. OK-964.04).
    The U.S. Army Corps of Engineers stated in a letter dated September 
30, 1994, that it found the changes to be satisfactory (administrative 
record No. OK-964.05).
    The Bureau of Land Management responded in a letter dated October 
12, 1994, that the modification to Oklahoma's SOAP provisions seemed 
appropriate (administrative record No. OK-964.06).

3. Environmental Protection Agency (EPA) Concurrence and Comments

    Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to solicit 
the written concurrence of EPA with respect to those provisions of the 
proposed program amendment that relate to air or water quality 
standards promulgated 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 its 
amendment pertain to air or water quality standards. Therefore, OSM did 
not request EPA's concurrence.
    Pursuant to 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendment from EPA (administrative record No. OK-964.02). It 
responded on October 13, 1994, that it had no objections to the 
approval of Oklahoma's proposed regulations (administrative record No. 
OK-964.07).

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

    Pursuant to 30 CFR 732.17(h)(4), OSM solicited comments on the 
proposed amendment from the SHPO and the ACHP (administrative record 
No. OK-964.02). Neither the SHPO nor the ACHP responded to OSM's 
request.

V. Director's Decision

    Based on the above findings, the Director approves Oklahoma's 
proposed amendment as submitted on September 14, 1994, and as revised 
on December 20, 1994.
    The Director approves, as discussed in: Finding No. 1, OAC 460:20-
35-3 (a)(2)(D) and (b), eligibility for assistance, OAC 460:20-35-6(d), 
program services and data requirements, and OAC 460:20-35-7(a), 
applicant liability; and finding No. 2, OAC 460:20-35-1, definitions, 
OAC 460:20-35-3(a)(2) (A) and (B), eligibility for assistance, OAC 
460:20-35-6 (a) and (b) (1) through (6), program services and data 
requirements, and OAC 460:20-35-7(a) (2) and (3), applicant liability.
    The Director approves the rules as proposed by Oklahoma with the 
provision that they be fully promulgated in identical form to the rules 
submitted to and reviewed by OSM and the public.
    The Federal regulations at 30 CFR part 936, codifying decisions 
concerning the Oklahoma program, are being amended to implement this 
decision. This final rule is being made effective immediately to 
expedite the State program amendment process and to encourage States to 
bring their programs into conformity with the Federal standards without 
undue delay. Consistency of State and Federal standards is required by 
SMCRA.

VI. Procedural Determinations

1. Executive Order 12866

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12886 (Regulatory Planning and 
Review). [[Page 13042]] 

2. Executive Order 12778

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12778 (Civil Justice Reform) 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 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 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.

3. 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)).

4. 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.).

5. 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.

VII. List of Subjects in 30 CFR Part 936

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 3, 1995.
Charles E. Sandberg,
Acting Assistant Director, Western Support Center.

    For the reasons set out in the preamble, title 30, chapter VII, 
subchapter T of the Code of Federal Regulations 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 by adding paragraph (o) to read as 
follows:


Sec. 936.15  Approval of regulatory program amendments.

* * * * *
    (o) Revisions to the following provisions of the Oklahoma Coal 
Rules and Regulations concerning the small operator assistance program, 
as submitted to OSM on September 14, 1994, and as revised on December 
20, 1994, are approved effective March 10, 1995:

Oklahoma Administrative Code (OAC) 460:20-35-1, definitions;
OAC 460:20-35-3 (a)(2), (a)(2) (A), (B), and (D), and (b), eligibility 
for assistance;
OAC 460:20-35-6 (a), (b) (1) through (6), and (d), program services and 
data requirements; and
OAC 460:20-35-7 (a), (a) (2) and (3), applicant liability.

[FR Doc. 95-5921 Filed 3-9-95; 8:45 am]
BILLING CODE 4310-05-M