[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.


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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: 
[email protected].

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