[Federal Register Volume 60, Number 217 (Thursday, November 9, 1995)]
[Rules and Regulations]
[Pages 56528-56529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27810]



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DEPARTMENT OF THE INTERIOR
30 CFR Part 936

[SPATS No. OK-016-FOR]


Oklahoma Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is approving 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). Oklahoma proposed a revision to its rules pertaining to 
procedures for assessment conference. The amendment is intended to 
revise the Oklahoma program to improve operational efficiency.

EFFECTIVE DATE: November 9, 1995.

FOR FURTHER INFORMATION CONTACT: Mr. Jack R. Carson, Acting Director, 
Tulsa Field Office, Office of Surface Mining Reclamation and 
Enforcement, 5100 East Skelly Drive, suite 470, Tulsa, Oklahoma 74135-
6548, Telephone: (918) 581-6430.

SUPPLEMENTARY INFORMATION: 

I. Background on the Oklahoma Program
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations

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 
the conditions of approval and program amendments can be found at 30 
CFR 936.15 and 936.16.

II. Submission of the Proposed Amendment

    By letter dated July 5, 1995 (Administrative Record No. OK-972), 
Oklahoma submitted a proposed amendment to its program pursuant to 
SMCRA. Oklahoma submitted the proposed amendment at its own initiative. 
Oklahoma proposed to revise its rules at Oklahoma Administrative Code 
(OAC) 460:20-61-10 concerning procedures for assessment conference.
    OSM announced receipt of the proposed amendment in the July 27, 
1997, Federal Register (60 FR 38533), and in the same document opened 
the public comment period and provided an opportunity for a public 
hearing on the adequacy of the proposed amendment. The public comment 
period closed on August 28, 1995.

III. Director's Findings

    Set forth below, pursuant to SMCRA and the Federal regulations at 
30 CFR 732.15 and 732.17, are the Director's findings concerning the 
proposed amendment.
    The proposed amendment submitted by Oklahoma adds the word 
``original'' before the word ``abatement'' in the second sentence of 
OAC 460:20-61-10(b)(1). The effect of this proposed revision is that 
civil penalty assessment conferences will be held within 60 days from 
the date of issuance of the proposed assessment or the end of the 
original abatement period, whichever is later. The Federal counterpart 
regulation at 30 CFR 845.18(b)(1) provides that the assessment 
conference be held within 60 days from the date the conference request 
is received or the end of the abatement period, whichever is later.
    The current time frame for holding Federal civil penalty assessment 
conferences resulted from a revision to 30 CFR 845.18(b)(1) which was 
effective April 8, 1991 (56 FR 10060, March 8, 1991). In the Federal 
Register document announcing the regulation revision, the preamble 
addressed the effect of the revision in States with primacy:

    Section 518(i) of the Act and 30 CFR 840.13(c) of the 
regulations require approved State programs to contain civil penalty 
assessment procedures which are the same as or similar to the 
provisions of section 518 of the Act and consistent with those of 30 
CFR part 845. The time allowed for holding an assessment conference 
is not prescribed in the Act; thus, the applicable standard 
governing the adequacy of State program provisions under 30 CFR 
840.13(c) is whether the approved State programs contain procedural 
requirements relating to civil penalties which are consistent with 
(i.e., no less effective than) 30 CFR 845.18, as amended. Because 
OSM allows the States reasonable latitude in establishing certain 
procedural time frames, and because this rule merely extends one of 
such time frames, States do not have to adopt this change.

    As indicated in the preamble provision quoted above, OSM allows the 
States reasonable latitude in establishing certain procedural time 
frames, and Oklahoma's proposed rule still provides for a minimum 60-
day time frame for holding civil penalty assessment conferences. 
Therefore, the Director finds that Oklahoma's proposed revision does 
not render its rule at OAC 460:20-61-10(b)(1) less effective than the 
Federal regulation at 30 CFR 845.18(b)(1), and he is approving the 
proposal.

IV. Summary and Disposition of Comments

Public Comments

    The Director solicited public comments and provided an opportunity 
for a public hearing on the proposed amendment. No public comments were 
received, and because no one requested an opportunity to speak at a 
public hearing, no hearing was held.

Federal Agency Comments

    Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited 
comments on the proposed amendment from various Federal agencies with 
an actual or potential interest in the Oklahoma program. The Department 
of the Army, U.S. Army Corps of Engineers, responded that its review of 
the amendment found the changes to be satisfactory (Administrative 
Record No. OK-972.02). The United States Department of the Interior, 
Bureau of Land Management, responded that the amendment appears to be 
an improvement because it promotes timely procedures (Administrative 
Record No. OK-972.03).

Environmental Protection Agency (EPA)

    Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the 
written concurrence of the EPA with respect to those provisions of the 
proposed program amendment that relate to air or water quality 
standards promulgated under the authority of the Clean Water Act (33 
U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.). The 
revision that Oklahoma proposed to make in this amendment did not 
pertain to air or water quality standards. Therefore, OSM did not 
request EPA's concurrence.
    Pursuant to 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendment from EPA (Administrative Record No. OK-972.01). EPA 
did not respond to OSM's request.

[[Page 56529]]


State Historical Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP)

    Pursuant to 30 CFR 732.17(h)(4), OSM solicited comments on the 
proposed amendment from the SHPO and ACHP. No response was received 
from either agency.

V. Director's Decision

    Based on the above finding, the Director approves the proposed 
amendment as submitted by Oklahoma on July 5, 1995.
    The Director approves the rule as proposed by Oklahoma with the 
provision that it be fully promulgated in identical form to the rule 
submitted to and reviewed by OSM and the public.
    The Federal regulations at 30 CFR Part 936, codifying decisions 
concerning the Oklahoma program, are being amended to implement this 
decision. This final rule is being made effective immediately to 
expedite the State program amendment process and to encourage States to 
bring their programs into conformity with the Federal standards without 
undue delay. Consistency of State and Federal standards is required by 
SMCRA.

VI. 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: October 27, 1995.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.

    For the reasons set out in the preamble, Title 30, Chapter VII, 
Subchapter T of the Code of Federal Regulations is amended as set forth 
below:

PART 936--OKLAHOMA

    1. The authority citation for Part 936 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    2. Section 936.15 is amended by adding paragraph (q) to read as 
follows:


Sec. 936.15  Approval of regulatory program amendments.

* * * * *
    (q) Revision to the following rule, as submitted to OSM on July 5, 
1995, is approved effective November 9, 1995:

OAC 460:20-61-10(b)(1)....................  Procedures for assessment   
                                             conference.                
                                                                        

[FR Doc. 95-27810 Filed 11-8-95; 8:45 am]
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