Kansas Regulatory Program, 22887-22890 [E8-9194]
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rwilkins on PROD1PC63 with PROPOSALS
Federal Register / Vol. 73, No. 82 / Monday, April 28, 2008 / Proposed Rules
(b) Approved maps. The two United
Stages Geological Survey 1:24,000 scale
topographic maps used to determine the
boundary of the Snipes Mountain
viticultural area are titled:
(1) Sunnyside, Wash., 1965,
photorevised 1978; and
(2) Granger, Wash., 1965.
(c) Boundary. The Snipes Mountain
viticultural area is located in Yakima
County, Washington. The boundary of
the Snipes Mountain viticultural area is
as described below:
(1) The beginning point is on the
Sunnyside map at the intersection of the
section 34 east boundary line and the
Pipeline, between Alexander Road and
South Hill Road, to the southwest of
Sunnyside, T10N, R22E. From the
beginning point, proceed straight south
along the section 34 east boundary line,
less than 0.1 mile, to its intersection
with the 750-foot elevation line, T10N,
R22E; then
(2) Proceed along the 750-foot
elevation line first southeast, then
generally west to its intersection with
the section 31 west boundary line and
the Union Pacific single railroad track
along the west border of the map, T10N,
R22E; then
(3) Proceed along the Union Pacific
railroad line generally west-northwest
(which closely follows the 760-foot
elevation line) crossing onto the Granger
map and continue to its intersection
with the section 27 east boundary line,
immediately northeast of BM 768,
T10N, R21E; then
(4) Proceed straight south along the
section 27 east boundary line less than
0.1 mile to its intersection with the 760foot elevation line, T10N, R21E; then
(5) Proceed northwest along the
meandering 760-foot elevation line to its
intersection with the section 27 north
boundary line, T10N, R21E; then
(6) Proceed straight north in a line
approximately 0.1 mile to its
intersection with the 820-foot elevation
line, southeast of the claypits, section
22, T10N, R21E; then
(7) Proceed along the meandering 820foot elevation line first northwest then
east-southeast before reaching Granger,
and then continuing eastward to its
intersection with Nass Road, section 26,
T10N, R21E; then
(8) Proceed generally east along the
meandering 820-foot elevation line,
crossing onto the Sunnyside map and
continuing generally eastward to its
intersection with section 34 north
boundary line, T10N, R22E; then
(9) Proceed straight east along the
north boundary line of sections 34 and
35 to its intersection with the 820-foot
elevation line, T10N, R22E; then
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(10) Proceed southwest along the 820foot elevation to its intersection with the
section 34 east boundary line, T10N,
R22E; then
(11) Proceed straight south along the
section 34 east boundary line 0.3 mile
to the point of beginning.
Signed: March 24, 2008.
John J. Manfreda,
Administrator.
[FR Doc. E8–9172 Filed 4–25–08; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 916
[Docket No. OSM–2008–0001; SATS No.
KS–024–FOR]
Kansas Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; reopening and
extension of public comment period on
proposed amendment.
AGENCY:
SUMMARY: We, the Office of Surface
Mining Reclamation and Enforcement
(OSM), are announcing receipt of
revisions to a previously proposed
amendment to the Kansas regulatory
program (Kansas program) under the
Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the
Act). The revisions concern newly
promulgated Kansas Regulations.
Kansas submitted these regulations at its
own initiative to meet the requirements
for its program to operate under Title IV
and V of the Surface Mining Control and
Reclamation Act and to make technical
and editorial corrections to its program.
This document gives the times and
locations where the Kansas program and
proposed amendment are available for
your inspection and the comment
period during which you may submit
written comments on the revisions to
the amendment.
DATES: We will accept written
comments on this amendment until 4
p.m., c.d.t., May 28, 2008. If requested,
we will hold a public hearing on the
amendment on May 23, 2008. We will
accept requests to speak at a hearing
until 4 p.m., c.d.t. on May 13, 2008.
ADDRESSES: You may submit comments,
identified by Docket No. OSM–2008–
0001, by any of the following methods:
• Federal eRulemaking Portal: The
proposed rule has been assigned Docket
ID: OSM–2008–0001. If you would like
to submit comments through the Federal
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eRulemaking Portal, go to
www.regulations.gov and do the
following. Click on the ‘‘Advanced
Docket Search’’ button on the right side
of the screen. Type in the Docket ID
OSM–2008–0001 and click the
‘‘Submit’’ button at the bottom of the
page. The next screen will display the
Docket Search Results for the
rulemaking. If you click on OSM–2008–
0001, you can view the proposed rule
and submit a comment. You can also
view supporting material and any
comments submitted by others.
• Mail/Hand Delivery/Courier:
Submit your comments to Alfred L.
Clayborne, Director, Tulsa Field Office,
Office of Surface Mining Reclamation
and Enforcement, 1645 South 101 St.
East Avenue, Tulsa, Oklahoma 74128.
Instructions: For detailed instructions
on submitting comments and additional
information on the rulemaking process,
see the ‘‘Public Comment Procedures’’
heading of the SUPPLEMENTARY
INFORMATION section of this document.
Docket: In addition to obtaining
copies of documents at
www.regulations.gov, information may
also be obtained at the addresses listed
below during normal business hours,
Monday through Friday, excluding
holidays. You may receive one free copy
of the amendment by contacting OSM’s
Tulsa Field Office: Alfred L. Clayborne,
Director, Tulsa Field Office, Office of
Surface Mining Reclamation and
Enforcement, 1645 South 101 St. East
Avenue, Tulsa, Oklahoma 74128–6547,
Telephone: (918) 581–6430, E-mail:
aclayborne@osmre.gov.
In addition, you may review a copy of
the amendment during regular business
hours at the following location: Kansas
Department of Health and Environment,
Surface Mining Section, 4033 Parkview
Drive, Frontenac, Kansas 66763,
Telephone: (316) 231–8540.
FOR FURTHER INFORMATION CONTACT:
Alfred L. Clayborne, Director, Tulsa
Field Office. Telephone: (918) 581–
6430. E-mail: aclayborne@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Kansas Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Kansas Program
Section 503(a) of the Act permits a
State to assume primacy for the
regulation of surface coal mining and
reclamation operations on non-Federal
and non-Indian lands within its borders
by demonstrating that its program
includes, among other things, ‘‘a State
law which provides for the regulation of
surface coal mining and reclamation
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operations in accordance with the
requirements of this Act * * *; and
rules and regulations consistent with
regulations issued by the Secretary
pursuant to this Act.’’ See 30 U.S.C.
1253(a)(1) and (7). On the basis of these
criteria, the Secretary of the Interior
conditionally approved the Kansas
program on January 21, 1981. You can
find background information on the
Kansas program, including the
Secretary’s findings, the disposition of
comments, and the conditions of
approval, in the January 21, 1981,
Federal Register (46 FR 5892). You can
also find later actions concerning the
Kansas program and program
amendments at 30 CFR 916.10, 916.12,
916.15, and 916.16.
II. Description of the Proposed
Amendment
By letter dated November 19, 2007
(Administrative Record Nos. 626 and
627), Kansas sent us amendments to its
program under SMCRA (30 U.S.C. 1201
et seq.). Kansas sent the amendments in
one package, identifying the Kansas
2006 Revegetation Success Guidelines
as KS–024–FOR and the Normal
Husbandry Practices as KS–025–FOR.
We have combined both amendments
under one docket number (Docket No.
OSM–2008–0001). We announced
receipt of the amendment in the January
23, 2008, Federal Register (73 FR 3894)
and invited public comment on its
adequacy. The public comment period
closed February 22, 2008. Kansas
submitted these amendments at their
own initiative.
During our review of the previous
submitted proposed amendments
(Kansas’s 2006 Revegetation Success
Guidelines and Normal Husbandry
Practices, Administrative Record Nos.
626 and 627), we identified incorrectly
cited regulation references. We notified
Kansas of our concerns by telephone on
February 7, 2008, (Administrative
Record No. 626.08). Kansas, by email on
February 7, 2008 (Administrative
Record No. 626.06), sent us revisions to
its proposed amendments for review
under SMCRA (30 U.S.C. 1201 et seq.).
These revisions concern new
promulgated Kansas Regulations
(Kansas Department of Health and
Environment Amended Permanent
Regulation), which coincide with
regulation citations used in its proposed
2006 Revegetation Success Guidelines
and Normal Husbandry Practices for
Surface-Mined Lands.
Kansas’s new regulations contain a
substantial number of grammatical
changes to update outdated language
and codifications. Changes can be found
in the following articles:
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Article 2—Meaning of Terms 47–2–
75, Article 3—Application for Mining
Permit 47–3–42, Article 4—Public
Hearing 47–4–14a, Article 5—Civil
Penalties 47–5–5a, Article 6—Permit
Review 47–6–1, Article 6—Permit
Review 47–6–2, Article 7—Coal
Exploration 47–7–2, Article 8—Bonding
Procedures 47–8–9, Article 9—
Performance Standards 47–9–1, Article
9—Performance Standards 47–9–4,
Article 10—Underground Mining 47–
10–1, Article 11—Small Operator
Assistant Program 47–11–8, Article 12—
Lands Unsuitable Surface Mining 47–
12–4, Article 13—Training,
Certification, and Responsibilities of
Blasters and Operators 47–13–4, Article
14—Employee Financial Interests 47–
14–7, Article 15—Inspection and
Enforcement 47–15–1a, Article 16—
Reclamation 47–16–9, Article 16—
Reclamation 47–16–10, and Article 16—
Reclamation 47–16–12.
Kansas proposes more specific
substantive revisions to its regulations
in the following articles and sections:
K.A.R. 47–3–42, Article 3—
Application for Mining permit,
(5)(a)(55): Kansas proposes to delete
subsection (d) of this article.
K.A.R. 47–4–14a, Article 4—Public
Hearing, document filing section
(2)(c)(2): Kansas proposes to delete
references to the Administrative
Appeals Section of the Kansas
Department of Health and Environment,
Suite 400D, 109. SW 9th, Topeka,
Kansas 66612–1215 and add the Office
of Administrative Hearings, a division
of the Kansas Department of
Administration.
K.A.R 47–4–14a, Article 4—Public
Hearing section (d)(3)(A): Kansas
proposes to delete the phrase, ‘‘a
presiding officer shall be assigned by
the department for the prehearing
conference, exercising the same
discretion as is provided by subsection
(d)(2) concerning the selection of a
presiding officer for a hearing.’’
K.A.R. 47–5–5a, Article 5—Civil
Penalties (a): Kansas proposes to insert
a new penalty table, change the dollar
amount assessed for separate violations
for each day, and add new language in
section 47–5–5 (d)(1): Delinquent
payment.
K.A.R. 47–5–5, Article 5—Civil
Penalties (b)(13): Kansas proposes to
delete reference to the Administrative
Appeals Coordinator, Administrative
Appeals Section, Office of the Secretary,
Kansas Department of Health and
Environment, Mills Building, Suite
400D, 109 SW. 9th Street, Topeka,
Kansas 66612–1215 and add the Office
of Administrative Hearings, a division
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of the Kansas Department of
Administration.
III. Public Comment Procedures
We are reopening the comment period
on the proposed Kansas program
amendment to provide you an
opportunity to reconsider the adequacy
of the amendment in light of the
additional materials sent to us. Under
the provisions of 30 CFR 732.17(h), we
are requesting comments on whether the
amendment satisfies the program
approval criteria of 30 CFR 732.15. If we
approve the amendment, it will become
part of the Kansas program.
Written Comments
Send your written or electronic
comments to OSM at the address given
above. Your written comments should
be specific, pertain only to the issues
proposed in this rulemaking, and
include explanations in support of your
recommendations. We will not consider
or respond to your comments when
developing the final rule if they are
received after the close of the comment
period (see DATES). We will make every
attempt to log all comments into the
administrative record, but comments
delivered to an address other than the
Tulsa Field Office may not be logged in.
Public Hearing
If you wish to speak at the public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT by 4
p.m., m.d.t. on May 13, 2008. If you are
disabled and need reasonable
accommodations to attend a public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT. We
will arrange the location and time of the
hearing with those persons requesting
the hearing. If no one requests an
opportunity to speak, we will not hold
the hearing.
To assist the transcriber and ensure an
accurate record, we request, if possible,
that each person who speaks at a public
hearing provide us with a written copy
of his or her comments. The public
hearing will continue on the specified
date until everyone scheduled to speak
has been given an opportunity to be
heard. If you are in the audience and
have not been scheduled to speak and
wish to do so, you will be allowed to
speak after those who have been
scheduled. We will end the hearing after
everyone scheduled to speak, and others
present in the audience who wish to
speak, have been heard.
Public Meeting
If there is only limited interest in
participating in a public hearing, we
may hold a public meeting rather than
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a public hearing. If you wish to meet
with us to discuss the amendment,
please request a meeting by contacting
the person listed under FOR FURTHER
INFORMATION CONTACT. All such meetings
are open to the public and, if possible,
we will post notices of meetings at the
locations listed under ADDRESSES. We
will make a written summary of each
meeting a part of the administrative
record.
Public Availability of Comments
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
IV. Procedural Determinations
Executive Order 12630—Takings
This rule does not have takings
implications. This determination is
based on the analysis performed for the
counterpart Federal regulation.
rwilkins on PROD1PC63 with PROPOSALS
Executive Order 12866—Regulatory
Planning and Review
This rule is exempted from review by
the Office of Management and Budget
(OMB) under Executive Order 12866.
Executive Order 12988—Civil Justice
Reform
The Department of the Interior has
conducted the reviews required by
section 3 of Executive Order 12988 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
because each 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.
Executive Order 13132—Federalism
This rule does not have Federalism
implications. SMCRA delineates the
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roles of the Federal and State
governments with regard to the
regulation of surface coal mining and
reclamation operations. One of the
purposes of SMCRA is to ‘‘establish a
nationwide program to protect society
and the environment from the adverse
effects of surface coal mining
operations.’’ Section 503(a)(1) of
SMCRA requires that State laws
regulating surface coal mining and
reclamation operations be ‘‘in
accordance with’’ the requirements of
SMCRA, and section 503(a)(7) requires
that State programs contain rules and
regulations ‘‘consistent with’’
regulations issued by the Secretary
pursuant to SMCRA.
Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
In accordance with Executive Order
13175, we have evaluated the potential
effects of this rule on federallyrecognized Indian tribes and have
determined that the rule does not have
substantial direct effects on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
This determination is based on the fact
that the Kansas program does not
regulate coal exploration and surface
coal mining and reclamation operations
on Indian lands. Therefore, the Kansas
program has no effect on federallyrecognized Indian tribes.
Executive Order 13211—Regulations
That Significantly Affect the Supply,
Distribution, or Use of Energy
On May 18, 2001, the President issued
Executive Order 13211 which requires
agencies to prepare a Statement of
Energy Effects for a rule that is (1)
considered significant under Executive
Order 12866, and (2) likely to have a
significant adverse effect on the supply,
distribution, or use of energy. Because
this rule is exempt from review under
Executive Order 12866 and is not
expected to have a significant adverse
effect on the supply, distribution, or use
of energy, a Statement of Energy Effects
is not required.
National Environmental Policy Act
This rule does not require an
environmental impact statement
because 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
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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
certifies 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. 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.
Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule: (a) Does not have an annual
effect on the economy of $100 million;
(b) Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions; and (c) Does not
have significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises. This
determination is based upon the fact
that the State submittal, which is the
subject of this rule, is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation was not considered a major
rule.
Unfunded Mandates
This rule will not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
of $100 million or more in any given
year. This determination is based upon
the fact that the State submittal, which
is the subject of this rule, is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation did not impose an unfunded
mandate.
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Federal Register / Vol. 73, No. 82 / Monday, April 28, 2008 / Proposed Rules
List of Subjects in 30 CFR Part 916
Intergovernmental relations, Surface
mining, Underground mining.
Dated: April 2, 2008.
Bill Joseph,
Acting Regional Director, Mid-Continent
Region.
[FR Doc. E8–9194 Filed 4–25–08; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 13
RIN 1024–AD69
National Park System Units in Alaska
National Park Service, Interior.
Proposed rule.
AGENCY:
ACTION:
SUMMARY: The NPS is proposing to
implement recent management
decisions affecting Denali National Park
and Preserve regarding backcountry
management, climbing Mount
McKinley, and off-road vehicle use for
subsistence purposes.
DATES: Comments must be received by
June 27, 2008.
ADDRESSES: You may submit your
comments, identified by Regulatory
Information Number 1024–AD69 (RIN),
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: National Park Service,
Regional Director, Alaska Regional
Office, 240 West 5th Ave., Anchorage,
AK 99501.
FOR FURTHER INFORMATION CONTACT:
National Park Service, Victor Knox,
Deputy Regional Director, Alaska
Regional Office, 240 West 5th Ave.,
Anchorage, AK 99501. Telephone: (907)
644–3501. E-mail:
akro_regulations@nps.gov. Fax: (907)
644–3816.
SUPPLEMENTARY INFORMATION:
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Background
In 1917 Congress established Mount
McKinley National Park as a game
refuge. By 1932, the park had been
enlarged to approximately 2 million
acres. In 1980 the Alaska National
Interest Lands Conservation Act tripled
the size of the park and renamed it
Denali National Park and Preserve. At 6
million acres, Denali exemplifies
interior Alaska’s character as one of the
world’s last great frontiers for
wilderness adventure. One third of the
park is designated wilderness-the area
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that roughly conforms to the boundaries
of the former Mount McKinley National
Park. The former Mount McKinley is
closed to hunting and trapping and is
managed to maintain the undeveloped
wilderness parkland character. The
1980 park additions allow customary
and traditional subsistence uses by local
rural residents. The preserve is open to
subsistence uses and also to hunting
and trapping under Alaska state law.
The proposed regulations would
revise Denali National Park and
Preserve regulations in Subpart L of 36
CFR Part 13. The proposed rule
implements the 2006 Final
Environmental Impact Statement (EIS)
and Record of Decision (ROD) regarding
the Denali Backcountry Management
Plan (BMP) as well as the 2007
Environmental Assessment (EA) and
Finding of No Significant Impact
(FONSI) for subsistence use of off-road
vehicles in the Cantwell Traditional Use
Area. Specific proposed changes
include (1) establishing group size
limits in the backcountry, an annual
limit of 1500 climbers on Mount
McKinley, and camping permits where
they are currently required through the
compendium in accordance with the
2006 BMP/EIS; and (2) restricting offroad vehicle use for subsistence
purposes to designated routes and trails
in Windy Creek, Cantwell Creek, and
Bull River drainages in the Cantwell
Traditional Use Area in accordance with
the 2007 EA/FONSI. Each proposal is
identified in the Section-by-Section
Analysis that follows. As used within
this document, the terms ‘‘we,’’ ‘‘our,’’
and ‘‘us’’ refer to the National Park
Service.
Section-by-Section Analysis
Section 13.902 Subsistence Resident
Zone
ANILCA and NPS implementing
regulations authorize subsistence
hunting and fishing by local rural
residents in parks and monuments
established in 1980 and the portions of
Denali National Park expanded in 1980.
In Denali National Park, local rural
residents are those who reside in a
resident zone community identified in
section 13.902, those who possess a
permit issued by the superintendent
under section 13.440 of this Part, and
those who reside within the park
boundary. A resident zone community
consists of a significant concentration of
local rural residents who customarily
and traditionally engaged in subsistence
uses in the park or monument. Section
808 of ANILCA establishes a
Subsistence Resource Commission
(SRC) to make recommendations to the
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Secretary of the Interior regarding
subsistence hunting matters for each
national park or monument in Alaska
where subsistence is authorized. In
1984, the NPS, in consultation with the
Denali SRC, determined the area within
a three mile radius of the Cantwell Post
Office includes a significant
concentration of local rural residents
who customarily and traditionally
engage in subsistence uses in the park
additions. The three mile radius
provision has been part of the Denali
Subsistence Management Plan since
August 2000 and the park compendium
since 2001.
Section 13.903 Subsistence Off-Road
Vehicle Use
The 1980 Alaska National Interest
Lands Conservation Act (ANILCA)
authorizes subsistence uses by local
rural residents where traditional in the
ANILCA additions of Denali National
Park (Denali park additions). Section
811(b) of ANILCA authorizes the
‘‘appropriate use [of] * * * surface
transportation traditionally employed’’
for subsistence uses by federally
qualified local rural residents, subject to
reasonable regulation.
Relying on information available at
the time, the 1986 Denali General
Management Plan (GMP) did not
consider ORVs to have been regularly
used for subsistence purposes and
therefore did not consider them a
traditional means of subsistence access.
In the 1990s, several Cantwell residents
provided information new to the NPS
regarding historic off-road vehicle use
for subsistence purposes in the Cantwell
area of the Denali park additions and
requested a revision to the GMP to allow
traditional subsistence ORV use. The
information included affidavits from
Cantwell residents describing their use
of ORVs for subsistence purposes,
including types of ORVs, periods of use,
location of use, purpose of use, and
identified individuals who used ORVs.
Upon reviewing the information, in
2005 the NPS determined that ORVs
were used by successive generations of
Cantwell residents for subsistence in the
Cantwell area (Cantwell Traditional Use
Area or TUA) of the Denali National
Park additions (see 2005 Determination
for Traditional ORV Use for Subsistence
in the Cantwell Area) and therefore are
authorized for subsistence purposes in
this area under ANILCA section 811 and
36 CFR 13.460.
In 2005 the park initiated a planning
process and accompanying EA to assure
that subsistence ORV use in the
Cantwell Traditional Use Area is
managed to minimize adverse impacts
to the resources and values for which
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]]>Agencies
[Federal Register Volume 73, Number 82 (Monday, April 28, 2008)]
[Proposed Rules]
[Pages 22887-22890]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9194]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 916
[Docket No. OSM-2008-0001; SATS No. KS-024-FOR]
Kansas Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; reopening and extension of public comment period
on proposed amendment.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are announcing receipt of revisions to a previously proposed
amendment to the Kansas regulatory program (Kansas program) under the
Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act).
The revisions concern newly promulgated Kansas Regulations. Kansas
submitted these regulations at its own initiative to meet the
requirements for its program to operate under Title IV and V of the
Surface Mining Control and Reclamation Act and to make technical and
editorial corrections to its program. This document gives the times and
locations where the Kansas program and proposed amendment are available
for your inspection and the comment period during which you may submit
written comments on the revisions to the amendment.
DATES: We will accept written comments on this amendment until 4 p.m.,
c.d.t., May 28, 2008. If requested, we will hold a public hearing on
the amendment on May 23, 2008. We will accept requests to speak at a
hearing until 4 p.m., c.d.t. on May 13, 2008.
ADDRESSES: You may submit comments, identified by Docket No. OSM-2008-
0001, by any of the following methods:
Federal eRulemaking Portal: The proposed rule has been
assigned Docket ID: OSM-2008-0001. If you would like to submit comments
through the Federal eRulemaking Portal, go to www.regulations.gov and
do the following. Click on the ``Advanced Docket Search'' button on the
right side of the screen. Type in the Docket ID OSM-2008-0001 and click
the ``Submit'' button at the bottom of the page. The next screen will
display the Docket Search Results for the rulemaking. If you click on
OSM-2008-0001, you can view the proposed rule and submit a comment. You
can also view supporting material and any comments submitted by others.
Mail/Hand Delivery/Courier: Submit your comments to Alfred
L. Clayborne, Director, Tulsa Field Office, Office of Surface Mining
Reclamation and Enforcement, 1645 South 101 St. East Avenue, Tulsa,
Oklahoma 74128.
Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the ``Public
Comment Procedures'' heading of the SUPPLEMENTARY INFORMATION section
of this document.
Docket: In addition to obtaining copies of documents at
www.regulations.gov, information may also be obtained at the addresses
listed below during normal business hours, Monday through Friday,
excluding holidays. You may receive one free copy of the amendment by
contacting OSM's Tulsa Field Office: Alfred L. Clayborne, Director,
Tulsa Field Office, Office of Surface Mining Reclamation and
Enforcement, 1645 South 101 St. East Avenue, Tulsa, Oklahoma 74128-
6547, Telephone: (918) 581-6430, E-mail: aclayborne@osmre.gov.
In addition, you may review a copy of the amendment during regular
business hours at the following location: Kansas Department of Health
and Environment, Surface Mining Section, 4033 Parkview Drive,
Frontenac, Kansas 66763, Telephone: (316) 231-8540.
FOR FURTHER INFORMATION CONTACT: Alfred L. Clayborne, Director, Tulsa
Field Office. Telephone: (918) 581-6430. E-mail: aclayborne@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Kansas Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Kansas Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its program includes, among other things, ``a State law which provides
for the regulation of surface coal mining and reclamation
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operations in accordance with the requirements of this Act * * *; and
rules and regulations consistent with regulations issued by the
Secretary pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On
the basis of these criteria, the Secretary of the Interior
conditionally approved the Kansas program on January 21, 1981. You can
find background information on the Kansas program, including the
Secretary's findings, the disposition of comments, and the conditions
of approval, in the January 21, 1981, Federal Register (46 FR 5892).
You can also find later actions concerning the Kansas program and
program amendments at 30 CFR 916.10, 916.12, 916.15, and 916.16.
II. Description of the Proposed Amendment
By letter dated November 19, 2007 (Administrative Record Nos. 626
and 627), Kansas sent us amendments to its program under SMCRA (30
U.S.C. 1201 et seq.). Kansas sent the amendments in one package,
identifying the Kansas 2006 Revegetation Success Guidelines as KS-024-
FOR and the Normal Husbandry Practices as KS-025-FOR. We have combined
both amendments under one docket number (Docket No. OSM-2008-0001). We
announced receipt of the amendment in the January 23, 2008, Federal
Register (73 FR 3894) and invited public comment on its adequacy. The
public comment period closed February 22, 2008. Kansas submitted these
amendments at their own initiative.
During our review of the previous submitted proposed amendments
(Kansas's 2006 Revegetation Success Guidelines and Normal Husbandry
Practices, Administrative Record Nos. 626 and 627), we identified
incorrectly cited regulation references. We notified Kansas of our
concerns by telephone on February 7, 2008, (Administrative Record No.
626.08). Kansas, by email on February 7, 2008 (Administrative Record
No. 626.06), sent us revisions to its proposed amendments for review
under SMCRA (30 U.S.C. 1201 et seq.). These revisions concern new
promulgated Kansas Regulations (Kansas Department of Health and
Environment Amended Permanent Regulation), which coincide with
regulation citations used in its proposed 2006 Revegetation Success
Guidelines and Normal Husbandry Practices for Surface-Mined Lands.
Kansas's new regulations contain a substantial number of
grammatical changes to update outdated language and codifications.
Changes can be found in the following articles:
Article 2--Meaning of Terms 47-2-75, Article 3--Application for
Mining Permit 47-3-42, Article 4--Public Hearing 47-4-14a, Article 5--
Civil Penalties 47-5-5a, Article 6--Permit Review 47-6-1, Article 6--
Permit Review 47-6-2, Article 7--Coal Exploration 47-7-2, Article 8--
Bonding Procedures 47-8-9, Article 9--Performance Standards 47-9-1,
Article 9--Performance Standards 47-9-4, Article 10--Underground Mining
47-10-1, Article 11--Small Operator Assistant Program 47-11-8, Article
12--Lands Unsuitable Surface Mining 47-12-4, Article 13--Training,
Certification, and Responsibilities of Blasters and Operators 47-13-4,
Article 14--Employee Financial Interests 47-14-7, Article 15--
Inspection and Enforcement 47-15-1a, Article 16--Reclamation 47-16-9,
Article 16--Reclamation 47-16-10, and Article 16--Reclamation 47-16-12.
Kansas proposes more specific substantive revisions to its
regulations in the following articles and sections:
K.A.R. 47-3-42, Article 3--Application for Mining permit,
(5)(a)(55): Kansas proposes to delete subsection (d) of this article.
K.A.R. 47-4-14a, Article 4--Public Hearing, document filing section
(2)(c)(2): Kansas proposes to delete references to the Administrative
Appeals Section of the Kansas Department of Health and Environment,
Suite 400D, 109. SW 9th, Topeka, Kansas 66612-1215 and add the Office
of Administrative Hearings, a division of the Kansas Department of
Administration.
K.A.R 47-4-14a, Article 4--Public Hearing section (d)(3)(A): Kansas
proposes to delete the phrase, ``a presiding officer shall be assigned
by the department for the prehearing conference, exercising the same
discretion as is provided by subsection (d)(2) concerning the selection
of a presiding officer for a hearing.''
K.A.R. 47-5-5a, Article 5--Civil Penalties (a): Kansas proposes to
insert a new penalty table, change the dollar amount assessed for
separate violations for each day, and add new language in section 47-5-
5 (d)(1): Delinquent payment.
K.A.R. 47-5-5, Article 5--Civil Penalties (b)(13): Kansas proposes
to delete reference to the Administrative Appeals Coordinator,
Administrative Appeals Section, Office of the Secretary, Kansas
Department of Health and Environment, Mills Building, Suite 400D, 109
SW. 9th Street, Topeka, Kansas 66612-1215 and add the Office of
Administrative Hearings, a division of the Kansas Department of
Administration.
III. Public Comment Procedures
We are reopening the comment period on the proposed Kansas program
amendment to provide you an opportunity to reconsider the adequacy of
the amendment in light of the additional materials sent to us. Under
the provisions of 30 CFR 732.17(h), we are requesting comments on
whether the amendment satisfies the program approval criteria of 30 CFR
732.15. If we approve the amendment, it will become part of the Kansas
program.
Written Comments
Send your written or electronic comments to OSM at the address
given above. Your written comments should be specific, pertain only to
the issues proposed in this rulemaking, and include explanations in
support of your recommendations. We will not consider or respond to
your comments when developing the final rule if they are received after
the close of the comment period (see DATES). We will make every attempt
to log all comments into the administrative record, but comments
delivered to an address other than the Tulsa Field Office may not be
logged in.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., m.d.t. on May
13, 2008. If you are disabled and need reasonable accommodations to
attend a public hearing, contact the person listed under FOR FURTHER
INFORMATION CONTACT. We will arrange the location and time of the
hearing with those persons requesting the hearing. If no one requests
an opportunity to speak, we will not hold the hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at a public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone scheduled to
speak has been given an opportunity to be heard. If you are in the
audience and have not been scheduled to speak and wish to do so, you
will be allowed to speak after those who have been scheduled. We will
end the hearing after everyone scheduled to speak, and others present
in the audience who wish to speak, have been heard.
Public Meeting
If there is only limited interest in participating in a public
hearing, we may hold a public meeting rather than
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a public hearing. If you wish to meet with us to discuss the amendment,
please request a meeting by contacting the person listed under FOR
FURTHER INFORMATION CONTACT. All such meetings are open to the public
and, if possible, we will post notices of meetings at the locations
listed under ADDRESSES. We will make a written summary of each meeting
a part of the administrative record.
Public Availability of Comments
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
IV. Procedural Determinations
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal regulation.
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 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 because
each 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.
Executive Order 13132--Federalism
This rule does not have Federalism implications. SMCRA delineates
the roles of the Federal and State governments with regard to the
regulation of surface coal mining and reclamation operations. One of
the purposes of SMCRA is to ``establish a nationwide program to protect
society and the environment from the adverse effects of surface coal
mining operations.'' Section 503(a)(1) of SMCRA requires that State
laws regulating surface coal mining and reclamation operations be ``in
accordance with'' the requirements of SMCRA, and section 503(a)(7)
requires that State programs contain rules and regulations ``consistent
with'' regulations issued by the Secretary pursuant to SMCRA.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on federally-recognized Indian tribes
and have determined that the rule does not have substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
This determination is based on the fact that the Kansas program does
not regulate coal exploration and surface coal mining and reclamation
operations on Indian lands. Therefore, the Kansas program has no effect
on federally-recognized Indian tribes.
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
This rule does not require an environmental impact statement
because 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 certifies 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. 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.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not
have an annual effect on the economy of $100 million; (b) Will not
cause a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions; and (c) Does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation was not considered a
major rule.
Unfunded Mandates
This rule will not impose an unfunded mandate on State, local, or
tribal governments or the private sector of $100 million or more in any
given year. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation did not impose an
unfunded mandate.
[[Page 22890]]
List of Subjects in 30 CFR Part 916
Intergovernmental relations, Surface mining, Underground mining.
Dated: April 2, 2008.
Bill Joseph,
Acting Regional Director, Mid-Continent Region.
[FR Doc. E8-9194 Filed 4-25-08; 8:45 am]
BILLING CODE 4310-05-P
