[Federal Register Volume 59, Number 225 (Wednesday, November 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28894]
[[Page Unknown]]
[Federal Register: November 23, 1994]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 918
Louisiana 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
Louisiana regulatory program (hereinafter, the ``Louisiana program'')
under the Surface Mining Control and Reclamation Act of 1977. The
proposed amendment consists of revisions to Louisiana's revegetation
success regulations and a policy statement pertaining to tree stocking
for forest land. The amendment is intended to revise the Louisiana
program to be consistent with the corresponding Federal regulations.
DATES: Written comments must be received by 4:00 p.m., c.s.t. December
23, 1994. If requested, a public hearing on the proposed amendment will
be held on December 19, 1994. Requests to present oral testimony at the
hearing must be received by 4:00 p.m., c.s.t. on December 8, 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 Louisiana 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 East Skelly Drive, Suite 550,
Tulsa, OK 74135-6548
Louisiana Department of Natural Resources, Office of Conservation, P.O.
Box 94275, Baton Rouge, Louisiana 70804-9275, Telephone: (504) 342-5540
FOR FURTHER INFORMATION CONTACT: James H. Moncrief, Telephone: (918)
581-6430.
SUPPLEMENTARY INFORMATION:
I. Background on the Louisiana Program
On October 10, 1980, the Secretary of the Interior conditionally
approved the Louisiana program. General background information on the
Louisiana program, including the Secretary's findings, the disposition
of comments, and the conditions of approval of the Louisiana program
can be found in the October 10, 1980, Federal Register (45 FR 67340).
Subsequent actions concerning Louisiana's program and program
amendments can be found at 30 CFR 918.15 and 918.16.
II. Proposed Amendment
By letter dated November 2, 1994, Louisiana submitted a proposed
amendment to its program pursuant to SMCRA (administrative record No.
LA-351). Louisiana submitted the proposed amendment in response to the
required program amendments at 30 CFR 918.16 (a) and (b) with the
intent of making its program consistent with the corresponding Federal
regulations.
Louisiana proposes to recodify Louisiana Surface Mining Regulations
(LSMR) Sec. 53123 as Sec. 5423.
Louisiana also proposes to revise LSMR 5423.B.4, standards for
success of revegetation at final bond release on reclaimed lands
developed for forestry. Existing LSMR 5423.B.4 requires that ``[a]t the
time of final bond release there shall be 450 well-distributed free-to-
grow live pine trees of the same age per acre or 250 well-distributed
live hardwood trees of the same age per acre'' and that ``[c]countable
stems shall be a minimum of three years old.'' Louisiana proposes to
revise LSMR 5423.B.4 to include the requirement that countable tree
stems used in determining the success of stocking and the adequacy of
the plant arrangement shall ``have utility for the approved forestry
postmining land use and be healthy.'' Louisiana also proposes Policy
Statement No. PS-5 to clarify that 100 percent of the threes counted to
determine revegetation success must be in place for a minimum of 60
percent of the minimum responsibility period (i.e., a minimum 3 years
of the minimum 5-year responsibility period).
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 Louisiana 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.s.t. on December 8, 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 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.
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
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 918
Intergovernmental relations, Surface mining, Underground mining.
Dated: November 17, 1994.
Charles E. Sandberg,
Acting Assistant Director, Western Support Center.
[FR Doc. 94-28894 Filed 11-22-94; 8:45 am]
BILLING CODE 4310-05-M