99-4430. Application and Permit Information Requirements; Permit Eligibility; Definitions of Ownership and Control; the Applicant/ Violator System; Alternative Enforcement Actions

[Federal Register Volume 64, Number 35 (Tuesday, February 23, 1999)]
[Proposed Rules]
[Pages 8763-8764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4430]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Parts 701, 724, 773, 774, 778, 842, 843, and 846

RIN 1029-AB94


Application and Permit Information Requirements; Permit 
Eligibility; Definitions of Ownership and Control; the Applicant/
Violator System; Alternative Enforcement Actions

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Proposed rule; reopening and extension of comment period.

-----------------------------------------------------------------------

SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is reopening and extending the comment period for the proposed rule 
published on December 21, 1998 (63 FR 70580). The comment period closed 
on February 19, 1999, and is being reopened and extended for 30 days.

DATES: We will accept written comments on the proposed rule until 5 
p.m., Eastern time, on March 25, 1999.

ADDRESSES: You may mail or hand-deliver comments to the Office of 
Surface Mining Reclamation and Enforcement, Administrative Record, Room 
101, 1951 Constitution Avenue, NW, Washington, DC 20240. You may also 
submit comments to OSM via the Internet at: [e-mail].

FOR FURTHER INFORMATION CONTACT:
Earl D. Bandy, Jr., Office of Surface Mining Reclamation and 
Enforcement, Applicant/Violator System Office, 2679 Regency Road, 
Lexington, Kentucky 40503. Telephone: [phone] or [phone]. 
E-Mail: [e-mail].

SUPPLEMENTARY INFORMATION: In response to requests from members of the 
public, we are reopening and extending the public comment period for 
the proposed rule published on December 21, 1998 (63 FR 70580). The 
comment period closed on February 19, 1999, and is being reopened and 
extended for 30 days. In the rule, we are proposing revised permit 
eligibility requirements for surface coal mining operations under the 
Surface Mining Control and Reclamation Act of 1977 (SMCRA). In 
particular, we propose to revise how ownership and control of mining 
operations is determined under section 510(c) of SMCRA so that 
applicants who are responsible for unabated violations do not receive 
new permits. We have designed this proposal to be effective, fair, and 
consistent with

[[Page 8764]]

a 1997 decision by the U.S. Court of Appeals for the DC Circuit 
addressing ownership and control issues.
    In addition, we are proposing other changes to other aspects of our 
regulations in response to comments we received when we sought public 
participation in developing this proposed rule. Our intent is to 
improve, clarify, and simplify current regulations as well as to reduce 
duplicative and burdensome permit information requirements.

    Dated: February 18, 1999.
Mary Josie Blanchard,
Assistant Director, Program Support.
[FR Doc. 99-4430 Filed 2-22-99; 8:45 am]
BILLING CODE 4310-05-M