[Federal Register Volume 61, Number 99 (Tuesday, May 21, 1996)]
[Proposed Rules]
[Pages 25426-25428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12725]



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DEPARTMENT OF THE INTERIOR
30 CFR Part 936

[OK-018-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 on proposed amendment.

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SUMMARY:  OSM is announcing receipt of a propose amendment to the 
Oklahoma regulatory program (hereinafter, the ``Oklahoma program'') 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). 
The proposed amendment consists of revisions to Oklahoma's Coal Program 
Rules and Regulations. Oklahoma proposes to recodify and reinstate 
rules pertaining to an exemption for coal extraction incidental to 
government-financed or other construction. The amendment is intended to 
revise the Oklahoma program to be consistent with the corresponding 
Federal regulations.

DATES: Written comments must be received by 4:00 p.m., c.d.t., June 20, 
1996. If requested, a public hearing on the proposed amendment will be 
held on June 17, 1996. Requests to present oral testimony at the 
hearing must be received by 4:00 p.m., c.d.t., on June 5, 1996.


[[Page 25427]]


ADDRESSES: Written comments should be mailed or hand delivered to Jack 
R. Carson, Acting Director, Tulsa Field Office, at the address listed 
below.
    Copies of the Oklahoma program, the proposed amendment, 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.

Jack R. Carson, Acting 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: Jack R. Carson, 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 and 936.16.

II. Proposed Amendment

    By letter dated April 26, 1996, Oklahoma submitted a proposed 
amendment to its program pursuant to SMCRA (Administrative Record No. 
OK-974). Oklahoma submitted the proposed amendment at its own 
initiative. Oklahoma proposes to reinstate rules pertaining to an 
exemption for coal extraction incidental to government-financed or 
other construction. These rules were previously codified as part 707. 
Oklahoma proposes to recodify these rules at Oklahoma Administrative 
Code (OAC) 460, Chapter 20, Subchapter 6.

Section 460:20-6-1, Purpose

    This section specifies the purpose of Subchapter 6 as establishing 
procedures for determining those surface coal mining and reclamation 
operations that meet the exemption criteria for coal extraction as an 
incidental part of government-financed construction.

Section 460:20-6-2, Responsibility

    This section specifies that the Department of Mines is responsible 
for enforcing the requirements of Subchapter 6. It also specifies that 
persons conducting coal extraction as an incidental part of government-
financed construction is responsible for keeping specified 
documentation on the site of the extraction operation.

Section 460:20-6-3, Definitions

    This section contains definitions for the terms ``Extraction of 
coal as an incidental part''; ``Government financing agency''; and 
``Government-financed construction.''

Section 460:20-6-4, Applicability

    This section specifies that a permit must be obtained unless the 
coal extraction is an incidental part of government-financed 
construction.

Section 460:20-6-5, Information to be Maintained on Site

    This section specifies the information that must be maintained on 
the site of the extraction operation.

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.

1. 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.

2. Public Hearing

    Persons wishing to testify at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., 
c.d.t., on June 5, 1996. 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. The location 
and time of the hearing will be arranged with those persons requesting 
the hearing. If no one requests an opportunity to testify 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 testify have been heard. Persons in the audience 
who have not been scheduled to testify, and who wish to do so, will be 
heard following those who have been scheduled. The hearing will end 
after all persons scheduled to testify and persons present in the 
audience who wish to testify have been heard.

3. Public Meeting

    If only one person requests an opportunity to testify 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

1. 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).

2. 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 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

[[Page 25428]]

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 of 1969 (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 that 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.

6. 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: May 9, 1996.
Brent Wahlquist,
 Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 96-12725 Filed 5-20-96; 8:45 am]
BILLING CODE 4310-05-M