Oklahoma Regulatory Program

DEPARTMENT OF THE INTERIOR

30 CFR Part 936

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 proposed 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 rules pertaining to the

Small Operator Assistance Program (SOAP). The amendment is intended to

revise the Oklahoma program to be consistent with SMCRA and the

corresponding Federal regulations.

dates: Written comments must be received by 4:00 p.m., c.d.t., October

27, 1994. If requested, a public hearing on the proposed amendment will

be held on October 24, 1994. Requests to present oral testimony at the

hearing must be received by 4:00 p.m., c.s.t., October 12, 1994. 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.

addresses: Written comments should be mailed or hand delivered to James

H. Moncrief 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.

James H. Moncrief, Director, Tulsa Field Office, Office of Surface

Mining Reclamation and Enforcement, 5100 E. Skelly Drive, Suite 550,

Tulsa, Oklahoma 74135

Oklahoma Department of Mines, 4040 N. Lincoln Blvd., Suite 107,

Oklahoma City, Oklahoma 73105, Telephone: (405) 521-3859.

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. Proposed 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. The SOAP provisions of the Oklahoma Coal Rules and

Regulations that Oklahoma proposes to revise are: Section 795.6,

eligibility for assistance; Part 795.9, program services and data

requirements; and Sec. 795.12, applicant liability.

Specifically, Oklahoma proposes to revise its rules pertaining to

an applicant's eligibility for SOAP assistance at Sec. 795.6(a)(2) by

requiring the applicant to establish that the probably total actual and

attributed production from all locations during any consecutive 12-

month period either during the term of the permit or during the first 5

years after issuance of the permit, whichever period is shorter, will

not exceed 300,000 tons and at Sec. 795.6(a)(2)(iv) to require that

attributed production will include all coal produced by operations

owned by members of the applicant's family and the applicant's

relatives, unless it is established that there is no direct or indirect

business relationship between or among them.

Oklahoma proposes to revise its rules pertaining to the kinds of

data collected and the results furnished to the SOAP program

administrator at (1) Section 795.9(b)(2) to include the geologic

drilling and the statement of the results of test borings or core

samplings for the proposed permit area; (2) Section 795.9(b)(3) to

include the collection of archeological information required by section

779.12(b) and any other archeological and historical information

required by the regulatory authority, and the preparation of plans

necessitated thereby; (3) Section 795.9(b)(4) to include the collection

of site-specific resource information and production of protection and

enhancement plans for fish and wildlife habitats and other

environmental values required by the regulatory authority under

Sec. 780.16 and any other applicable regulations; (4) Section

795.9(3)(5) to include pre-blast surveys if requested under

Sec. 816.62(b); and (5) Section 795.9(3)(6) to include the development

of cross-section maps and plans required under Sec. 779.25.

Oklahoma proposes to revise its rules pertaining to the applicant's

liability at Secs. 795.12(a) (2) and (3) to provide that the applicant

shall reimburse the Department of Mines (Department) for the cost of

SOAP laboratory services performed pursuant to Part 795 if the program

administrator finds that the applicant's actual and attributed annual

production of coal for all locations exceeds 300,000 tons during any

consecutive 12-month period either during the term of the permit for

which assistance is provided or during the first 5 years after issuance

of the permit, whichever period is shorter, or if the permit is sold,

transferred, or assigned to another person and the transferee's total

annual and attributed production exceeds the 300,000-ton annual

production limit during any consecutive 12-month period of the

remaining term of the permit.

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., October 12, 1994. 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 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.

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 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.

V. List of Subjects in 30 CFR Part 936

Intergovernmental relations, Surface mining, Underground mining.

Dated: September 21, 1994.

Russell F. Price,

Acting Assistant Director, Western Support Center.

[FR Doc. 94-23822 Filed 9-26-94; 8:45 am]

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