Kansas Permanent Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 916

Kansas Permanent Regulatory Program

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

Interior.

ACTION: Interim rule.

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SUMMARY: This document reinstates a paragraph that was inadvertently

removed and pertains to a permanent program amendment from the State of

Kansas under the Surface Mining Control and Reclamation Act of 1977.

EFFECTIVE DATE: September 9, 1994.

FOR FURTHER INFORMATION CONTACT:

Michael C. Wolfrom, Telephone: (816) 374-6405.

SUPPLEMENTARY INFORMATION:

I. Background on the Kansas Program

On January 21, 1981, the Secretary of the Interior conditionally

approved the Kansas program. General background information on the

Kansas program, including the Secretary's findings, the disposition of

comments, and the conditions of approval of the Kansas program can be

found in the January 21, 1981, Federal Register (46 FR 5892).

Subsequent actions concerning Kansas' program and program amendments

can be found at 30 CFR 916.12, 916.15, and 916.16.

II. Submission of Amendment

By letter dated July 10, 1989 (Administrative Record No. KS-440),

Kansas submitted a proposed guideline titled ``Guidelines for the

Repair of Rills and Gullies in Kansas,'' as a revision to the June 29,

1989, amendment package. Kansas submitted the proposed guidelines for

approval as a normal husbandry practice pursuant to SMCRA. The

guideline that Kansas proposes will augment K.A.R. 47-9-1(c)(42),

revegetation: Standards of success.

During its review, OSM identified concerns it had with the

guideline and notified Kansas of these concerns by letter dated

September 8, 1989 (Administrative Record No. KS-445). Kansas responded

by submitting a revised guideline on October 30, 1989 (Administrative

Record No. KS-449). OSM published a notice in the December 1, 1989,

Federal Register (54 FR 49773) that included announcement of receipt of

the revised guideline and invited public comment on its adequacy

(Administrative Record No. KS-470). The public comment period ended

December 18, 1989. OSM published a final Federal Register notice [April

13, 1992 (57 FR 12718)] announcing the approval of the Kansas amendment

regarding the practice for repair of rills and gullies as normal

husbandry practices. That final rule amended the Federal regulations at

30 CFR part 916 codifying decisions concerning the Kansas program.

Specifically, 30 CFR 916.15 was amended by adding a new paragraph (1).

In subsequent rulemaking and correction notices the removal of 30

CFR 915.16(l) resulted. These actions included: a June 14, 1993, final

rule (58 FR 34126) that incorrectly added a new paragraph at 30 CFR

915.16 titled (1); a subsequent correction notice to the June 14, 1993,

rule that was published on June 22, 1993 (58 FR 33986) that corrected

Sec. 916.15(1) (one) to Sec. 916.15(l) (the letter L) and in doing so

replaced the original April 13, 1992 (57 FR 12718), Sec. 916.15(l)

language with the language added in the June 14, 1993 final rule; and

finally a correction notice dated August 30, 1993 (58 FR 45438), did

correct the original June 14, 1993, codification from Sec. 916.15(l) to

Sec. 916.15(n), but neglected to reinstate the April 13, 1992, codified

language at Sec. 915.16 paragraph (l).

Accordingly, the rule amending 30 CFR 916.15 that was published at

(57 FR 12718) on April 13, 1992, is adopted as a final rule without

change. The Federal Regulations at 30 CFR 916.15 codifying decisions

concerning the Kansas program will be amended by reinstating paragraph

(l).

V. Director's Decision

Based on the above findings, the Director is approving the proposed

amendment submitted by Kansas by letter dated July 10, 1989, and

revised on October 30, 1989. The Director is approving the Kansas

regulations 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 916 codifying decisions

concerning the Kansas program are being amended to implement this

decision. This final rule is being made effective immediately.

Consistency of State and Federal standards is required by SMCRA.

VI. Procedural Determinations

Compliance With 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 12550) 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.

Compliance With Executive Order 12866

This final rule is exempted from review by the Office of Management

and Budget under Executive Order 12866 (Regulatory Planning and

Review).

Compliance With the 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)).

Paperwork Reduction Act

This rule does not contain information collection requirements that

require approval by the Office of Management and Budget under the

Paperwork Reduction Act, 44 U.S.C. 3507 et seq.

Compliance With the 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. Hence, 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.

List of Subjects in 30 CFR Part 916

Intergovernmental relations, Surface mining, Underground mining.

Dated: September 1, 1994.

Russell F. Price,

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 916--KANSAS

1. The authority citation for Part 916 continues to read as

follows:

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

2. Section 916.15 is amended by adding paragraph (1) to read as

follows:

Sec. 916.15 Approval of regulatory program amendments.

* * * * *

(1) The procedures in ``Guidelines for the repair of rills and

gullies in Kansas'' submitted by Kansas for approval as a normal

husbandry practice on July 10, 1989, and revised on October 30, 1989,

is approved September 9, 1994.

* * * * *

[FR Doc. 94-22235 Filed 9-8-94; 8:45 am]

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