[Federal Register Volume 65, Number 103 (Friday, May 26, 2000)]
[Rules and Regulations]
[Pages 34094-34096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13247]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 936

[SPATS No. OK-027-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 an amendment to the Oklahoma regulatory 
program (Oklahoma program) under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA). Oklahoma proposed revisions and 
additions to its regulations concerning restrictions on the financial 
interests of State employees. Specifically, the amendment concerns the 
authority of the Director of the Department of Mines, where to file 
statements of financial interests, what to report on such statements, 
and resolving prohibited interests. Oklahoma intends to clarify the 
responsibilities of the Director of the Oklahoma Department of Mines, 
advisory board members, commissions, and employees regarding 
restriction on the financial interests of State employees.

EFFECTIVE DATE: May 26, 2000.

FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa 
Field Office, Office of Surface Mining, 5100 East Skelly Drive, Suite 
470, Tulsa, Oklahoma 74135-6548. Telephone: (918) 581-6430. Internet: 
[email protected].

SUPPLEMENTARY INFORMATION:   

I. Background on the Oklahoma Program
II. Submission of the 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. 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 
concerning the Oklahoma program at 30 CFR 936.15 and 936.16.

II. Submission of the Proposed Amendment

    By letter dated January 13, 2000 (Administrative Record No. OK-
985.01), Oklahoma sent us an amendment to its approved regulatory 
program under the Federal regulations at 732.17(b). Oklahoma sent the 
amendment in response to our letter dated December 6, 1999 
(Administrative Record No. OK-985), that we sent to Oklahoma concerning 
regulation changes in its program that we did not approve. Oklahoma 
proposed to amend the Oklahoma Administrative Code (OAC). We announced 
receipt of the amendment in the March 31, 2000, Federal Register (65 FR 
17213). In the same document, we opened the public comment period and 
provided an opportunity for a public hearing or meeting on the adequacy 
of the amendment. The public comment period closed on May 1, 2000. 
Because no one requested a public hearing or meeting, we did not hold 
one.

III. Director's Findings

    Following, under SMCRA and the Federal regulations at 30 CFR 732.15 
and 732.17, are our findings concerning the amendment to the Oklahoma 
permanent regulatory program.
    Any revisions that we do not discuss below are about misspelled 
words, minor wording changes, or revised cross-references and paragraph 
notations to reflect organizational changes resulting from this 
amendment.

A. OAC 460:20-5-3. Authority

    Oklahoma proposed to add a new paragraph (4) to read as follows:

    File all statements and supplements received pursuant to 45 O.S. 
Supp. 1980, Section 765, from members of advisory boards and the 
Oklahoma Mining Commission with the Oklahoma Governor's Office, 
Director of Appointments.

    This paragraph authorizes the Director of the Oklahoma Department 
of

[[Page 34095]]

Mines to file with the Oklahoma Governor's Office, Director of 
Appointments all statements and supplements received according to 45 
O.S. Supp. 1980, Section 765 from members of advisory boards and the 
Oklahoma Mining Commission. We are approving this addition because the 
federal regulations at 30 CFR 705.3(b) allow the state regulatory 
authority to expand the provisions of 30 CFR Part 705--Restrictions on 
Financial Interests of State Employees, in order to meet the particular 
needs within the State and because the addition is not inconsistent 
with the federal regulations. However, in a letter dated March 29, 2000 
(Administrative Record No. OK-985.05), we notified Oklahoma that the 
reference to Section 765 should be Section 767. We advised the state to 
make this reference correction in a future rulemaking.

B. OAC 460:20-5-9. Where To File

    Previously, the Director of the Oklahoma Department of Mines was to 
file his or her statement with the Director of OSM. Also, all other 
employees and members of advisory boards and commissions representing 
multiple interests, as provided in Section 460:20-5-7, were to file 
their statements with the Director of the Oklahoma Department of Mines 
or such other official as may be designated by state law or regulation. 
The Director of the Oklahoma Department of Mines will continue to file 
his or her statement with the Director of OSM. Oklahoma proposed to 
have members of advisory boards and commissions representing multiple 
interests, as provided in Section 460:20-5-7, file their statements 
with the Governor's Office, Director of Appointments, or such other 
official as may be designated by state law or regulation. The state 
also proposed to have all other employees file their statement with the 
Director of the Oklahoma Department of Mines according to the 
requirements of 45 O.S. Supp. 786 and 460:20-5. We are approving these 
changes because they meet the requirements of 30 CFR 705.15 which 
states that all employees (except the head of the state regulatory 
authority) and members of advisory boards and commissions representing 
multiple interests must file their statements with the head of the 
state regulatory authority or such other official as may be designated 
by state law or regulation. However, in a letter dated March 29, 2000 
(Administrative Record No. OK-985.05), we notified Oklahoma that the 
reference to Section 786 should be Section 767. We advised the state to 
make this reference correction in a future rulemaking.

C. OAC 460:20-5-10. What To Report

    Oklahoma proposed to revise paragraph (c)(3) to read as follows:

    (3) The exceptions shown in the employee certification of the 
form must provide enough information for the Director of the 
Department or the Governor's Office, Director of Appointments, for 
Commission members, to determine the existence of a direct or 
indirect financial interest. Accordingly, the exceptions should:

    Oklahoma proposed to clarify that the Director of the Oklahoma 
Department of Mines is responsible for determining the existence of a 
direct or indirect financial interest for employees and that the 
Governor's Office, Director of Appointments, is responsible for making 
the same type of determination for Commission members. We are approving 
this amendment because it is consistent with 30 CFR 705.17(c)(3).

IV. Summary and Disposition of Comments

Federal Agency Comments

    On March 22, 2000, under section 503(b) of SMCRA and 30 CFR 
732.17(h)(11)(i) of the Federal regulations, we requested comments from 
various Federal agencies with an actual or potential interest in the 
Oklahoma amendment (Administrative Record No. OK-985.04). The U.S. Army 
Corps of Engineers responded on April 17, 2000 (Administrative Record 
No. OK-985.08), that it found the proposed amendment to be 
satisfactory.

Environmental Protection Agency (EPA)

    Under 30 CFR 732.17(h)(11)(ii), we are required to get a written 
agreement from the EPA for 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.). None of the revisions that 
Oklahoma proposed to make in this amendment pertain to air or water 
quality standards. Therefore, we did not ask the EPA to agree on the 
amendment.
    Under 30 CFR 732.17(h)(11)(i), we requested comments on the 
amendment from the EPA on March 22, 2000 (Administrative Record No. OK-
985.02). The EPA did not respond to our request.

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

    Under 30 CFR 732.17(h)(4), we are required to request comments from 
the SHPO and ACHP on amendments that may have an effect on historic 
properties. On March 22, 2000, we requested comments on Oklahoma's 
amendment (Administrative Record No. OK-985.03), but neither responded 
to our request.

Public Comments

    We requested public comments on the amendment, but did not receive 
any.

V. Director's Decision

    Based on the above findings, we approve the amendment as sent to us 
by Oklahoma on January 13, 2000. To implement this decision, we are 
amending the Federal regulations at 30 CFR Part 936, which codify 
decisions concerning the Oklahoma program. We are making this final 
rule effective immediately to expedite the State program amendment 
process and to encourage Oklahoma to bring its program into conformity 
with the Federal standards. SMCRA requires consistency of State and 
Federal standards.

VI. Procedural Determinations

Executive Order 12866--Regulatory Planning and Review

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866.

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the counterpart federal regulation.

Executive Order 13132--Federalism

    This rule does not have federalism implications. SMCRA delineates 
the roles of the federal and state governments with regard to the 
regulation of surface coal mining and reclamation operations. One of 
the purposes of SMCRA is to ``establish a nationwide program to protect 
society and the environment from the adverse effects of surface coal 
mining operations.'' Section 503(a)(1) of SMCRA requires that state 
laws regulating surface coal mining and reclamation operations be ``in 
accordance with'' the requirements of SMCRA, and section 503(a)(7) 
requires that state programs contain rules and regulations ``consistent 
with'' regulations issued by the Secretary under SMCRA.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 and has determined that, to the 
extent allowed by law, this rule meets the

[[Page 34096]]

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 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

    Section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides a decision on 
a proposed state regulatory program provision does not constitute major 
federal action within the meaning of section 102(2)(C) of the National 
Environmental Policy Act (42 U.S.C. 4332(2)(C)). A determination has 
been made that such decisions are categorically excluded from the NEPA 
process (516 DM 8.4.A).

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 
counterpart 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 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 counterpart federal regulations.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    a. Does not have an annual effect on the economy of $100 million.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, federal, state, or local government 
agencies, or geographic regions.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S. based enterprises to compete with foreign-based enterprises.
    This determination is based upon the fact that the state submittal 
which is the subject of this rule is based upon counterpart federal 
regulations for which an analysis was prepared and a determination made 
that the federal regulation was not considered a major rule.

Unfunded Mandates

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 936

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: May 11, 2000.
Richard J. Seibel,
Acting Regional Director, Mid-Continent Regional Coordinating Center.


    For the reasons set out in the preamble, 30 CFR Part 936 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 in the table by adding a new entry in 
chronological order by ``Date of final publication'' to read as 
follows:


Sec. 936.15  Approval of Oklahoma regulatory program amendments.

* * * * *

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     Original amendment           Date of final
       submission date             publication      Citation/description
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*                  *                  *                  *
                  *                  *                  *
January 13, 2000............  May 26, 2000........  OAC 460:20-5-3(4);
                                                     20-5-9(a)-(c); 20-5-
                                                     10(c)(3); 20-5-
                                                     12(b)(1).
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[FR Doc. 00-13247 Filed 5-25-00; 8:45 am]
BILLING CODE 4310-05-P