[Federal Register Volume 66, Number 14 (Monday, January 22, 2001)]
[Proposed Rules]
[Pages 6511-6513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1765]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 870

RIN 1029-AB95


Abandoned Mine Land (AML) Fee Collection and Coal Production 
Reporting on the OSM-1 Form

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

ACTION: Proposed rule; reopening and extension of the comment period.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM) are reopening and extending the comment period on a proposal to 
amend our regulations governing Abandoned Mine Land (AML) reclamation 
fee reporting to allow for the electronic filing of the information 
required on the OSM-1 Form.

DATES: Written comments: We will accept written comments on the 
proposed rule until 5 p.m., Eastern time, on February 21, 2001.

ADDRESSES: If you wish to comment, you may submit your comments by any 
one of the following methods. You may mail or hand-deliver comments to 
the Office of Surface Mining Reclamation and Enforcement, 
Administrative Record, Room 101, 1951 Constitution Avenue, NW, 
Washington, DC 20240. You may also submit comments to OSM via the 
Internet at: [email protected].

FOR FURTHER INFORMATION CONTACT: Mr. Sean Spillane, Office of Surface 
Mining Reclamation and Enforcement, Denver Federal Center, Building 
20k, Room B-2005, Denver, Colorado 80225; Telephone 303-236-0330, Ext. 
278. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background Information
II. How Would the Electronic Submission Process Work?
III. How Do I Submit Comments on the Proposed Rule?

I. Background Information

    On February 15, 2000 (65 FR 7706), we published a proposed rule 
which would revise our regulations to allow a coal operator (or the 
entity reporting for the operator) the option of filing the OSM-1 Form 
electronically. Because of the notary requirement in section 402(c) of 
the Surface Mining Control and Reclamation Act of 1977 (SMCRA), the

[[Page 6512]]

proposed rule also required the operator to print out and maintain on 
file, a properly notarized paper copy of the OSM-1 Form for review by 
OSM's Fee Compliance auditors. In the proposed rule published on 
February 15, 2000, section 870.17(b) reads in part as follows: (b) 
Maintain a properly notarized paper copy of the identical OSM-1 Form 
for review and approval by OSM's Fee Compliance auditors.
    In order to further simplify the process and to make it easier for 
the operator to store records electronically, we are considering an 
option which would eliminate the need for the operator to notarize the 
OSM-1 Form and maintain a paper copy on file. We are considering 
adopting a final rule which would allow the operator to electronically 
submit the OSM-1 Form and include a statement made under penalty of 
perjury that the information contained in the OSM-1 Form is true and 
correct. The statement would not have to be notarized but it would have 
to be electronically signed, dated, and transmitted to OSM as part of 
the OSM-1 Form. In the final rule, section 870.17(b) would read as 
follows: (b) Submit an electronically signed and dated statement made 
under penalty of perjury that the information contained in the OSM-1 
Form is true and correct.
    The authority for filing the form without notarization is found in 
28 U.S.C. 1746. Section 1746 provides in part:

    Wherever, under any law of the United States or under any rule, 
regulations, order, or requirement made pursuant to law, any matter 
is required or permitted to be supported, evidenced, established, or 
proved by the sworn declaration, verification, certificate, 
statement, oath, or affidavit, in writing of the person making the 
same (other than a deposition, or an oath of office, or an oath 
required to be taken before a specified official other than a notary 
public), such matter may, with like force and effect, be supported, 
evidenced, established, or proved by the unsworn declaration, 
certificate, verification, or statement, in writing of such person 
which is subscribed by him, as true under penalty of perjury and 
dated, in substantially the following form:
* * * * *
    (2) If executed within the United States, its territories, 
possessions, or commonwealths: ``I declare (or certify, verify, or 
state) under penalty of perjury that the foregoing is true and 
correct. Executed on (date). (Signature)''.

    The option of using a signed a dated electronic statement made 
under penalty of perjury in lieu of a notarized statement will 
facilitate compliance with the requirements of the Government Paperwork 
Elimination Act (GPEA), Pub. L. 105-277, Title XVII. GPEA requires 
agencies, by October 21, 2003, to provide for (1) the option of 
electronic maintenance, submission, or disclosure of information, when 
practicable as a substitute for paper; and (2) the use and acceptance 
of electronic signatures, when practicable. GPEA specifically states 
that electronic records and their related electronic signatures are not 
to be denied legal effect, validity, or enforceability merely because 
they are in electronic form.
    Comments are also requested on whether in addition to the option 
being proposed today, we should also retain the notary option published 
in the Federal Register on February 15, 2000. If both options are 
adopted, the final rule would provide the operator with two choices in 
addition to the existing process: Either sending the OSM-1 Form data 
electronically while maintaining a properly notarized paper copy of the 
OSM-1 Form, or sending the OSM-1 Form data electronically with an 
electronically signed and dated statement made under penalty of 
perjury.
    As previously stated, the electronic submission of the OSM-1 Form 
would be an option that is available to the operator. Even if a final 
rule is adopted which allows the submission of the OSM-1 Form 
electronically, we would continue to accept the quarterly filing of the 
OSM-1 Form in paper format with the sworn, notarized statement that is 
currently in use.
    Because 28 U.S.C. 1746 already allows the operator to use an 
unsworn statement made under penalty of perjury in lieu of a sworn, 
notarized statement, we are considering modifying the paper form to 
incorporate an appropriate signature block for this provision. The new 
paper form, if adopted, would allow the operator to submit either the 
sworn, notarized statement, or an unsworn statement made under penalty 
of perjury. We believe that this modification would further simplify 
reporting requirements for operators. Your comments on this matter are 
also requested.

How Would the Electronic Submission Process Work?

    We intend to develop a website where companies will be able to log 
in an complete the OSM-1 Form on-line. Access to the website will be 
controlled by ID and password which will be used as the method of 
electronic signature. When initially accessing the website, companies 
will be able to down-load encryption software which is free. The data 
which is encrypted can be read only by the company and OSM and the data 
submitted by the company cannot be changed by unauthorized persons. A 
file transfer protocol (FTP) version of the electronic OSM-1 Form will 
allow companies with a large number of reporting permits to automate 
their filing process by transferring their data report files directly 
from their computer to OSM. The FTP process will use a form of 
electronic signature called a Public Key Infrastructure (PKI). PKI is a 
system for encrypting, decrypting, signing and verifying the data 
transferred electronically. With PKI, the company (user) can obtain a 
free download of the software for a private signing key. With this key, 
the user creates a digital signature on an electronic file or encrypts 
the data. OSM, as the recipient of the file, employs the public key to 
validate the signature made with the private key or decrypts the data. 
The two keys are mathematically linked and form a unique pair. Only the 
public key can validate the signature made with the associated private 
key(s). This process also verifies that the file has not been altered 
since its encryption. The companies that use FTP will also need a user 
identification and password to enable them to print their OSM report 
from the website after their data is transferred.

II. How Do I Submit Comments on the Proposed Rule?

    Written Comments: If you submit written or electronic comment on 
the proposed rule during the 30-day extended comment period, they 
should be specific, should be confined to issues pertinent to the 
notice, and should explain the reason for any recommended change(s). 
Where practical, you should submit three copies of your comments. We 
may not be able to consider or include in the Administrative Record 
comments delivered to an address other than those listed above (see 
ADDRESSES).
    Electronic Comment: Please submit Internet comments as an ASCII or 
WordPerfect file avoiding the use of special characters and any form of 
encryption. Please also include ``Attn: RIN 1029-AB95'' and your name 
and return address in your Internet message. If you do not receive a 
confirmation from the system that we have received your Internet 
message, contact us directly at 202-208-2847.
    Availability of Comments: Our practice is to make comments, 
including names and home addresses of respondents, available for public 
review during regular business hours at the OSM Administrative Record 
Room (see ADDRESSES). Individual respondents may request that we 
withhold their home address from the rulemaking

[[Page 6513]]

record, which we will honor to the extent allowable by law. There also 
may be circumstances in which we would withhold from the rulemaking 
record a respondent's identity, as allowable by law. If you wish us to 
withhold your name and/or address, you must state this prominently at 
the beginning of your comment. However, we will not consider anonymous 
comments. We will make all submissions from organizations or 
businesses, and from individuals identifying themselves as 
representatives or officials of organizations or businesses, available 
for public inspection in their entity.

    Dated: January 16, 2001.
Kathrine L. Henry,
Acting Director, Office of Surface Mining Reclamation and Enforcement.
[FR Doc. 01-1765 Filed 1-19-01; 8:45 am]
BILLING CODE 4310-05-M