Missouri Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 925

[SPATS No. MO-032-FOR]

Missouri Regulatory Program

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

Interior.

ACTION: Proposed rule; Reopening and extension of public comment period

on proposed amendment.

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SUMMARY: OSM is announcing receipt of revisions to a previously

proposed amendment to the Missouri Regulatory program (hereinafter

referred to as the ``Missouri program'') under the Surface Mining

Control and Reclamation Act of 1977 (SMCRA). The proposed amendment

consists of revisions to Missouri's revegetation success guidelines.

Missouri is proposing to withdraw the portion of its proposed amendment

pertaining to the use of county average yields for determining prime

farmland revegetation success and to revise the portion of its proposed

amendment pertaining to special requirements for ground cover density

on previously mined areas reclaimed to a pasture land use. The

amendment is intended to revise the Missouri program to be consistent

with the corresponding Federal regulations.

DATES: Written comments must be received by 4:00 p.m., c.d.t., June 25,

1997.

[[Page 31542]]

ADDRESSES: Written comments should be mailed or hand delivered to

Russell W. Frum, Mid-Continent Regional Coordinating Center, at the

address listed below.

Copies of the Missouri 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 Mid-Continent Regional Coordinating Center.

Russell W. Frum, 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:

Russell W. Frum, Mid-Continent Regional Coordinating Center, Telephone:

(618) 463-6460.

SUPPLEMENTARY INFORMATION:

I. Background on the Missouri Program

On November 21, 1980, the Secretary of the 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, 925.15, and 925.16.

II. Discussion of the Proposed Amendment

By letter dated April 16, 1997 (Administrative Record No. MO-649),

Missouri submitted a proposed amendment to its program pursuant to

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

Missouri proposed to amend its revegetation success guidelines by

adding procedures to allow for the use of county average yields when

determining how the production on reclaimed prime farmland compares to

the production on unmined prime farmland and by referencing the special

requirements for ground cover density on previously mined areas in each

land use section of the guidelines.

OSM announced receipt of the proposed amendment in the April 29,

1997, Federal Register (62 FR 23194) and invited public comment on its

adequacy. The public comment period ended May 29, 1997.

By letter dated May 29, 1997 (Administrative Record No. MO-5649.3),

Missouri proposed the following revisions to its April 16,1 997,

proposed amendment.

1. Phase II/III Revegetation Success Standards for Prime Farmland

Missouri proposed to withdraw the revisions to its revegetation

success guidelines for phase II/III revegetation success standards for

prime farmland at section II.C.5 and new Appendix N pertaining to the

option and procedures for using county average yields when determining

how the production on reclaimed prime farmland compares to the

production on unmined prime farmland.

2. Phase III Revegetation Success Standards for Pasture

Missouri previously proposed to require the permittee to establish

a minimum ground cover density of 90 percent on previously mined areas

reclaimed to a land use of pasture if the premining use was not pasture

or the premining ground cover density was not recorded before

redisturbance. In its letter dated May 29, 1997, Missouri proposed to

change the minimum ground cover density for this requirement to 70

percent.

III. Public Comment Procedures

OSM is reopening the comment period on the proposed Missouri

program amendment to provide the public an opportunity to reconsider

the adequacy of the proposed amendment in light of the additional

materials submitted. 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.

IV. Procedural Determinations

Executive Order 12866

This proposed rule is exempted from review by the Office of

Management and Budget (OMB) under Executive Order 12866 (Regulatory

Planning and Review).

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, 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.

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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.

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 925

Intergovernmental relations, Surface mining, Underground mining.

Dated: June 2, 1997.

Deborah Watford,

Acting Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 97-15009 Filed 6-9-97; 8:45 am]

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