[Federal Register Volume 61, Number 44 (Tuesday, March 5, 1996)]
[Proposed Rules]
[Pages 8536-8537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5107]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 936
[SPATS No. OK-017-FOR]
Oklahoma 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
Oklahoma regulatory program (hereinafter referred to as the ``Oklahoma
program'') under the Surface Mining Control and Reclamation Act of 1977
(SMCRA). The proposed amendment consists of a revision to the Oklahoma
regulations that adds a new permit condition concerning protected
activity. The proposed amendment is intended to revise the Oklahoma
regulations to be consistent with the Federal regulations.
DATES: Written comments must be received by 4:00 p.m., c.s.t. April 4,
1996. If requested, a public hearing on the proposed amendment will be
held on April 1, 1996. Requests to speak at the hearing must be
received by 4:00 p.m., c.s.t. on March 20, 1996.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Jack R. Carson, Acting Director, Tulsa
Field Office at the first address listed below.
Copies of the Oklahoma 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 Tulsa Field Office.
Jack R. Carson, Acting Director, Tulsa Field Office, Office of Surface
Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470,
Tulsa, Oklahoma 74135-6547, Telephone: (918) 581-6430
Oklahoma Department of Mines, 4040 N. Lincoln, Suite 107, Oklahoma
City, Oklahoma 73105, Telephone: (405) 521-3859
FOR FURTHER INFORMATION CONTACT: Jack R. Carson, Acting Director,
Tulsa Field Office, Telephone: (918) 581-6430.
SUPPLEMENTARY INFORMATION:
I. Background on the Oklahoma Program
On January 19, 1981, the Secretary of the Interior conditionally
approved the Oklahoma program. Background information on the Oklahoma
program, including the Secretary's findings, the disposition of
comments, and the conditions of approval can be found in the January
19, 1981, Federal Register (46 FR 4902). Subsequent actions concerning
Oklahoma's program and program amendments can be found at 30 CFR
936.10, 936.15, and 936.16.
II. Discussion of the Proposed Amendment
By letter dated February 21, 1996, Oklahoma submitted a proposed
amendment to its program pursuant to SMCRA (Administrative Record No.
OK-973). Oklahoma submitted the proposed amendment at its own
initiative. The provisions of the Oklahoma regulations that Oklahoma
proposes to amend are at Oklahoma Administrative Code (OAC) 460:20-15-7
concerning permit conditions. Specifically, Oklahoma proposes to revise
OAC 460:20-15-7 by adding a new permit condition at subsection (5)
concerning protected activity that reads as follows.
(5) No person shall discharge or in any other way discriminate
against or cause to be fired or discriminated against any employee or
any authorized representative of employees because that employee or
representative has--
(A) Filed, instituted or caused to be filed or instituted any
proceedings under the Act by--
(1) Reporting alleged violations or dangers to the Secretary, the
State Regulatory Authority, or the employer or his representative;
(2) Requesting an inspection or investigation; or
(3) Taking any other action which may result in a proceeding under
the Act.
(B) Made statements, testified, or is about to do so--
(1) In any informal or formal adjudicatory proceeding;
(2) In any informal conference proceeding;
(3) In any rulemaking proceeding;
(4) In any investigation, inspection or other proceeding under the
Act;
(5) In any judicial proceeding under the Act.
(C) Has exercised on his own behalf or on behalf of others any
right granted by the Act.
(D) Each employer conducting operations which are regulated under
this Act, shall within 30 days from the effective day of these
regulations, provide a copy of this part to all current employees and
to all new employees at the time of their hiring.
Existing subsections (5) through (8) are renumbered (6) through
(9).
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
[[Page 8537]]
732.15. If the amendment is deemed adequate, it will become part of the
Oklahoma 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 Tulsa Field Office 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.s.t. on March 20, 1996. 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. 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.
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 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 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
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
corresponding 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 corresponding Federal regulations.
List of Subjects in 30 CFR Part 936
Intergovernmental relations, Surface mining, Underground mining.
Dated: February 28, 1996.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 96-5107 Filed 3-4-96; 8:45 am]
BILLING CODE 4310-05-M
