[Federal Register Volume 62, Number 209 (Wednesday, October 29, 1997)]
[Proposed Rules]
[Page 56139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28486]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Parts 773, 778 and 843

RIN 1029-AB94


Ownership and Control--Redesign

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

ACTION: Advanced notice of proposed rulemaking; notice of public 
meetings.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
will hold, upon request, meetings to solicit comments, concerns, and 
new ideas regarding the drafting of new ownership and control, permit 
information and improvidently issued permits regulations.
    OSM also invites written comments regarding the drafting of these 
regulations. A concept/issue paper has been prepared to assist those 
interested in commenting or preparing for the meetings. The paper is a 
compilation of concepts and issues currently under consideration; 
however, OSM is not limited to those listed and encourages new concepts 
or ideas for consideration.

DATES: Written comments OSM will accept written comments until 5:00 
p.m., Eastern Time on December 15, 1997.
    Public meetings: OSM will meet with interested persons upon request 
to solicit comments on the drafting of the new regulations until 
December 15, 1997. In order to make proper arrangements for meetings, 
request for meetings should be made prior to December 1, 1997.

ADDRESSES: Written comments and requests for concept/issue paper: Hand 
deliver or mail to Earl Bandy, Office of Surface Mining Reclamation and 
Enforcement, AVS Office, 2679 Regency Road, Lexington, Kentucky 40503; 
telephone (800) 643-9748; E-mail:[email protected].
    Telefax: Copies of the concept/issue paper may be obtained from FAX 
ON DEMAND by calling 202-219-1703 and following the instructions on the 
recorded announcement.
    Public meetings: Upon request OSM staff will be available to meet 
with interested persons, individually or in groups, during the comment 
period in the following locations: Lexington, Kentucky; Washington, 
D.C.; Knoxville, Tennessee; Pittsburgh, Pennsylvania; Alton, Illinois; 
and Denver, Colorado. Any individual who requires special accommodation 
to attend a meeting should also contact the person listed under FOR 
FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT:
Earl Bandy, Office of Surface Mining Reclamation and Enforcement, 2679 
Regency Road, Lexington, Kentucky 40503; Telephone (606) 233-2796 or 
(800) 643-9748. E-mail: [email protected].

SUPPLEMENTARY INFORMATION: On April 21, 1997 (62 FR 19450), OSM issued 
interim final regulations regarding 30 CFR Parts 773, 778 and 843--
Ownership and Control; Permit Application Process; Improvidently Issued 
Permits. This action was taken in response to a decision by the U.S. 
Court of Appeals for the District of Columbia Circuit invalidating the 
previous rules as being inconsistent with Section 510(c) of the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA or the Act). In 
issuing these interim final regulations, OSM invoked the ``good cause'' 
exemption of the Administrative Procedure Act (APA) at 5 U.S.C. 
553(b)(3)(B). This provision allows an agency to issue a rule without 
prior notice or opportunity for public comment ``when the agency for 
good cause finds (and incorporates the finding and a brief statement of 
the reasons therefor in the rules issued) that notice and public 
procedure thereon are impracticable, unnecessary, or contrary to the 
public interest.'' OSM invoked the APA ``good cause'' exemption for the 
reasons described in the preamble to the interim final regulations (62 
FR 19451-19452). In doing so, OSM stated that the rules were intended 
to be interim and that it would seek public comment on any resulting 
proposed regulatory changes.
    In order to fulfill this commitment, OSM is seeking to involve the 
public in advance of developing a proposed rule. OSM will follow 
standard procedures by seeking comments and holding public hearings on 
the proposed rules when they are published in the Federal Register.

    Dated: October 21, 1997.
Mary Josie Blanchard,
Assistant Director, Program Support.
[FR Doc. 97-28486 Filed 10-28-97; 8:45 am]
BILLING CODE 4310-05-M