[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