Missouri Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 925

[SPATS No. MO-029-FOR]

Missouri Regulatory Program

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

Interior.

ACTION: Proposed rule; public comment period and opportunity for public

hearing.

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SUMMARY: OSM is announcing receipt of a proposed amendment to the

Missouri regulatory program (hereinafter the ``Missouri program'')

under the Surface Mining Control and Reclamation Act of 1977 (SMCRA).

The proposed Amendment consists of revisions to the Missouri statutes

pertaining to requirements and procedures for adoption of new or

amended rules. The amendment is intended to revise the Missouri program

to be consistent with the corresponding Federal regulations and SMCRA.

DATES: Written comments must be received by 4:00 p.m., c.d.t., May 2,

1996. If requested, a public hearing on the proposed amendment will be

held on April 29, 1996. Requests to speak at the hearing must be

received by 4:00 p.m., c.d.t., April 17, 1996.

ADDRESSES: Written comments and requests to speak at the hearing should

be mailed or hand delivered to Brent Wahlquist, Regional Director, Mid-

Continent Regional Coordinating Center, at the address listed below.

Copies of the Missouri program, the proposed amendment, a listing

of any scheduled public hearings, 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 Mid-Continent Regional

Coordinating Center.

Brent Wahlquist, Regional Director, Mid-Continent Regional Coordinating

Center, Office of Surface Mining Reclamation and Enforcement, Alton

Federal Building, 501 Belle Street, Alton, Illinois, 62002, Telephone:

(618) 463-6460.

Missouri Department of Natural Resources, Land Reclamation Program, 205

Jefferson Street, P.O. Box 176, Jefferson City Missouri, 65102,

Telephone: (573) 751-4041.

FOR FURTHER INFORMATION CONTACT: Brent Wahlquist, Regional Director,

Mid-Continent Regional Coordinating Center, Telephone: (618) 463-6460.

SUPPLEMENTARY INFORMATION:

I. Background on the Missouri Program

On November 21, 1980, the Secretary of Interior conditionally

approved the Missouri program. General background information on the

Missouri program, including the Secretary's findings, the disposition

of comments, and the conditions of approval of the Missouri program can

be found in the November 21, 1980, Federal Register (45 FR 77017).

Subsequent actions concerning Missouri's program and program amendments

can be found at 30 CFR 925.12, 925.25 and 925.16.

II. Description of the Proposed Amendment

By letter dated March 20, 1996 (Administrative Record No. MO-637),

Missouri submitted a proposed amendment to its program pursuant to

SMCRA. Missouri submitted the proposed amendment at its own initiative.

The proposed amendment concerns changes to the Missouri Surface Coal

Mining Law contained in Senate Bill No. 3. The provisions of the

Revised Statutes of Missouri (RSMo) that Missouri proposes to amend are

discussed below.

1. RSMo 444.800.5 Rules May Be Suspended and Reinstated

Missouri proposes to remove the provision at RSMo 444.800.5

concerning the authority of the joint committee on administrative rules

to suspend and reinstate a rule based upon specified circumstances.

2. RSMo 444.810.2 Powers of Commission

Missouri proposes to remove the existing provisions at RSMo

444.810.2 through 8 concerning requirements and procedures for adoption

of new or amended rules and to add the following new provision at RSMo

444.810.2.

No rule or portion of a rule promulgated under the authority of

sections 444.800 to 444.970 shall become effective unless it has

been promulgated pursuant to the provisions of section 536.024,

RSMo.

[[Page 14518]]

3. RSMo 444.950.2 Phase I Reclamation Bond Requirement

Missouri proposes to remove the existing provisions at RSMo

444.950.2 through 8 concerning requirements and procedures for adoption

of new or amended rules; to add the following new provision at RSMo

444.950.2; and to redesignate RSMo 444.950.9 through 11 as RSMo

444.950.3 through 5.

No rule or portion of a rule promulgated under the authority of

sections 444.800 to 444.970 shall become effective unless it has

been promulgated pursuant to the provisions of section 536.024,

RSMo.

4. Missouri also submitted a copy of Chapter 536 of RSMo,

Administrative Procedure and Review, which is referenced in the

proposed revisions to RSMo 444.810 and 444.950.

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 Missouri program.

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 Mid-Continent Regional

Coordinating Center will not necessarily be considered in the final

rulemaking or included in the Administrative Record.

Public Hearing

Persons wishing to speak at the public hearing should contact the

person listed under for further information contact by 4:00 p.m.,

c.d.t., on April 17, 1996. If no one requests an opportunity to speak

at the public hearing, the hearing will not be held.

The location and time of the hearing will be arranged with those

persons requesting the hearing. 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. 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 public hearing will continue on the specified date until all

persons scheduled to speak have been heard. Persons in the audience who

have not been scheduled to speak, and who wish to do so, will be heard

following those who have been scheduled. The hearing will end after all

persons scheduled to speak and persons present in the audience who wish

to speak have been heard.

Public Meeting

If only one person requests an opportunity to speak at a hearing, a

public hearing, 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

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).

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, to the extent allowed by law, 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 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.

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.).

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 925

Intergovernmental relations, Surface mining, Underground mining.

Dated: March 26, 1996.

Charles E. Sandberg,

Acting Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 96-7950 Filed 4-1-96; 8:45 am]

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