[Federal Register Volume 64, Number 153 (Tuesday, August 10, 1999)]
[Proposed Rules]
[Pages 43327-43329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20505]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 936
[SPATS No. OK-020-FOR]
Oklahoma 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 Oklahoma regulatory program (Oklahoma
program) under the Surface Mining Control and Reclamation Act of 1977
(SMCRA). The revisions concern burden of proof in civil penalty
proceedings, petitions for review of proposed individual civil penalty
assessment, verification of ownership or control application
information, review of ownership or control and violation information,
procedures for challenging ownership or control links shown in AVS, and
standards for challenging ownership or control links and the status of
violation. Oklahoma intends to revise its program to be consistent with
the corresponding Federal regulations.
[[Page 43328]]
DATES: We will accept written comments until 4:00 p.m., c.s.t., August
25, 1999.
ADDRESSES: You should mail or hand deliver written comments to Michael
C. Wolfrom, Director, Tulsa Field Office at the address listed below.
You may review copies of the Oklahoma program, the amendment, and
all written comments received in response to this document 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.
Michael C. Wolfrom, Director, Tulsa Field Office, Office of Surface
Mining, 5100 East Skelly Drive, Suite 470, Tulsa, Oklahoma 74135-6547,
Telephone: (918) 581-6430.
Oklahoma Department of Mines, 4040 N. Lincoln Blvd., Suite 107,
Oklahoma City, Oklahoma 73105, Telephone: (405) 521-3859.
FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa
Field Office. Telephone: (918) 581-6430. Internet:
mwolfrom@tokgw.osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Oklahoma Program
On January 19, 1981, the Secretary of the Interior conditionally
approved the Oklahoma program. You can find background information on
the Oklahoma program, including the Secretary's findings, the
disposition of comments, and the conditions of approval in the January
19, 1981, Federal Register (46 FR 4902). You can find later actions on
the Oklahoma program at 30 CFR 936.15 and 936.16.
II. Discussion of the Proposed Amendment
By letter dated September 28, 1998 (Administrative Record No. OK-
982), Oklahoma sent us an amendment to its program under SMCRA.
Oklahoma sent the amendment in response to our letter dated January 6,
1994 (Administrative Record No. OK-977), that we sent to Oklahoma under
30 CFR 732.17(c). The amendment also included changes made at
Oklahoma's own initiative. Oklahoma proposed to amend the Oklahoma
Administrative Code.
We announced receipt of the proposed amendment in the October 20,
1998, Federal Register (63 FR 55979) and invited public comment on its
adequacy. The public comment period ended November 19, 1998.
During our review of the amendment, we identified concerns relating
to 460:2-8-8, Burden of Proof in Civil Penalty Proceedings; 460:2-8-9,
Decision by Administrative Hearing Officer; 460:2-8-10, Petitions for
Discretionary Review; 460:20-15-11, Verification of Ownership or
Control Application Information; 460:20-15-12, Review of Ownership or
Control and Violation Information; 460:20-15-13, Procedures for
Challenging Ownership or Control Links Shown in AVS; and 460:20-15-14,
Standards for Challenging Ownership or Control Links and the Status of
Violations. We notified Oklahoma of the concerns by faxes dated
December 3, 1998, and July 14, 1999 (Administrative Record Nos. OK-
982.03 and OK-982.06, respectively). In letters dated June 23, 1999,
and July 20, 1999 (Administrative Record Nos. OK-982.05 and OK-982.07,
respectively), Oklahoma responded to our concerns by submitting the
following revisions to the amendment:
A. 460:2-8-8, Burden of Proof in Civil Penalty Proceedings
In paragraph (a)(1) of this section, Oklahoma proposes to revise
its reference to 45 O.S. 1981, Section 724 et seq., referencing instead
45 O.S. 1981, Sections 775 through 780.
B. 460:2-8-9, Decision by Administrative Hearing Officer
In paragraph (a) of this section, Oklahoma proposes to revise its
reference to 460:20-8-8, referencing instead 460:2-8-8.
C. 460:2-8-10, Petitions for Discretionary Review
In paragraph (g) of this section, Oklahoma proposes to revise its
reference to 460:2-63-6, referencing instead 460:20-63-6.
D. 460:20-15-11, Verification of Ownership or Control Application
Information
In paragraph (b) of this section, Oklahoma proposes to revise its
reference to 460:20-23-3(c) through (d), referencing instead 460:20-23-
2(3).
E. 460:20-15-12, Review of Ownership or Control and Violation
Information
In paragraph (a) of this section, Oklahoma proposes to revise its
reference to 460:20-15-11(b), referencing instead 460:20-15-11 in its
entirety.
Also, in paragraph (a)(1) of this section, Oklahoma proposes to
revise its reference to 460:20-23-3, referencing instead 460:20-23-2.
F. 460:20-15-13, Procedures for Challenging Ownership or Control Links
Shown in AVS
Oklahoma proposes to remove the lead-in language at paragraph (a),
as well the language at paragraph (a)(1), and re-designated paragraph
(a)(2) as paragraph (a).
Oklahoma also proposes to revise the language at paragraph (b) to
read as follows:
Challenge Basis. Any applicant or other person who wishes to
challenge the status of a state violation, and who is eligible to do
so under the provision of paragraphs (a) of this section, shall
submit a written explanation of the basis for the challenge, along
with any relevant evidentiary materials and supporting documents, to
Oklahoma Department of Mines, 4040 N. Lincoln, Suite 107, Oklahoma
City, OK 73105, ATTN: Director.
G. 460:20-15-14, Standards for Challenging Ownership or Control Links
and the Status of Violations
At paragraph (c)(1)(B), Oklahoma proposes to revise the language to
read as follows:
(B) That the facts relied upon by the Department to establish a
presumption of ownership or control under the definition of ``owned or
controlled'' or ``owns or controls'' in Section 460:20-15-2 of this
Subchapter, do not or did not exist.
III. Public Comment Procedures
We are reopening the comment period on the proposed Oklahoma
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), we are seeking comments on whether the proposed amendment
satisfies the applicable program approval criteria of 30 CFR 732.15. If
we approve the amendment, it will become part of the Oklahoma program.
Written Comments
Your written comments should be specific and pertain only to the
issues proposed in this rulemaking. You should explain the reason for
any recommended change. In the final rulemaking, we will not
necessarily consider or include in the Administrative Record comments
received after the time indicated under DATES or at locations other
than the Tulsa Field Office.
IV. Procedural Determinations
Executive Order 12866
The Office of Management and Budget (OMB) exempts this rule from
review
[[Page 43329]]
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 program is
drafted and published 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 State regulatory programs and
program amendments 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
This rule does not require an environmental impact statement since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on 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. Therefore, this rule will ensure that existing requirements
previously published 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.
Unfunded Mandates
OSM has determined and certifies under the Unfunded Mandates Reform
Act (2 U.S.C. 1502 et seq.) that this rule will not impose a cost of
$100 million or more in any given year on local, state, or tribal
governments or private entities.
List of Subjects in 30 CFR Part 936
Intergovernmental relations, Surface mining, Underground mining.
Dated: August 3, 1999.
Charles Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 99-20505 Filed 8-9-99; 8:45 am]
BILLING CODE 4310-05-P
