Wyoming Permanent Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 950

Wyoming Permanent Regulatory Program

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

Interior.

ACTION: Proposed rule; public comment period on proposed extension

request.

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SUMMARY: OSM is announcing the receipt of a request regarding required

amendments to the Wyoming permanent regulatory program (the Wyoming

program) under the Surface Mining Control and Reclamation Act of 1977

(SMCRA). Wyoming is requesting OSM to extend the required amendment

time frames at 30 CFR 950.16 (bb) through (gg).

This document sets forth the times and locations that the Wyoming

program and the proposed extension request to that program are

available for public inspection and the comment period during which

interested persons may submit written comments on the proposed

extension request.

DATES: Written comments must be received by 4 p.m., m.d.t. April 20,

1994.

ADDRESSES: Written comments should be mailed or hand delivered to Guy

V. Padgett at the address listed below.

Copies of the Wyoming program, the proposed extension request, 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 extension request

by contacting OSM's Casper Field Office.

Guy V. Padgett, Director, Casper Field Office, Office of Surface Mining

Reclamation and Enforcement; 100 East B Street, room 2128; Casper, WY;

82601-1918. Telephone: (307) 261-5776.

Dennis Hemmer, Director, Wyoming Department of Environmental Quality;

Herschler Building, Fourth floor West; 122 West 25th Street; Cheyenne,

Wyoming; 82002. Telephone: (307) 777-7758.

FOR FURTHER INFORMATION CONTACT: Guy V. Padgett; Telephone (307) 261-

5776.

SUPPLEMENTARY INFORMATION:

I. Background on the Wyoming Program

On November 26, 1980, the Secretary of the Interior conditionally

approved the Wyoming program. General background information on the

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

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

found in the November 26, 1980, Federal Register (45 FR 78637).

Subsequent actions concerning Wyoming's program and program amendments

can be found at 30 CFR 950.12, 950.15, and 950.16.

II. Discussion of Proposed Extension

On February 28, 1994, the State of Wyoming submitted a request to

extend the time frames at 30 CFR 950.16 (bb) through (gg), as codified

in the January 24, 1994, Federal Register (59 FR 3521), to allow the

State time to conduct ``negotiated rule making'' pursuant to Wyoming's

program. At the conclusion of the ``negotiated rule making'' Wyoming

hopes to submit a package to OSM that would include any legislation

passed in the 1994 session, the negotiated rules agreed to by all

parties, and any needed changes in legislation required to fully

implement the agreement by the parties. Wyoming stated that it

``anticipates submitting this package by the end of 1994.''

Wyoming has pending legislation (Senate File No. 29) proposed to

address some of the required amendments as submitted to OSM for review

as an informal amendment dated February 4, 1994 (Administrative record

No. WY-26-2). If approved the legislation would remove the definitions

and shrub standards promulgated in Enrolled Act No. 86 [Senate File No.

39].

OSM is now considering Wyoming's request to extend the time frames

and is seeking public comment on whether the proposed extension can and

should be granted.

III. Public Comment Procedures

In accordance with the provisions of 30 CFR 732.17(h), OSM is

seeking comments on whether the proposed extension request satisfies

the applicable program approval criteria of 30 CFR 732.15. If the

extension request is deemed adequate, it will become part of the

Wyoming program.

Written Comments

Written comments should be specific, pertain only to the issue

proposed in this rulemaking, and include explanations in support of the

commentor's recommendations. Comments received after the time indicated

under ``DATES'' or at locations other than the Casper Field Office will

not necessarily be considered in the final rulemaking or included in

the administrative record.

IV. Procedural Determinations

Compliance With Executive Order 12866

This proposed rule is exempted from review by the office of

Management and Budget under Executive Order 12866 (Reduction of

Regulatory Burden).

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 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.

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 (42 U.S.C.

4332(2)(C)).

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.).

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. 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.

List of Subjects in 30 CFR Part 950

Intergovernmental relations, Surface mining, Underground mining.

Dated: March 15, 1994.

Raymond L. Lowrie,

Assistant Director, Western Support Center.

[FR Doc. 94-6494 Filed 3-18-94; 8:45 am]

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