[Federal Register Volume 67, Number 24 (Tuesday, February 5, 2002)]
[Rules and Regulations]
[Pages 5203-5204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2746]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Parts 724 and 846

RIN 1029-AC02


Individual Civil Penalties--Change of Address for Appeals

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

ACTION: Final rule.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is revising its regulations governing individual civil penalties to 
reflect a change of address for the Department of the Interior's Office 
of Hearings and Appeals (OHA). OHA is moving to a new location in 
Arlington, Virginia, effective February 11, 2002.

DATES: This rule is effective February 11, 2002.

FOR FURTHER INFORMATION CONTACT: Andy DeVito, Office of Surface Mining 
Reclamation and Enforcement, Room 117, South Interior Building, 1951 
Constitution Avenue NW, Washington, DC 20240; Telephone 202-208-2701.

SUPPLEMENTARY INFORMATION:
I. Background.
II. Procedural Matters and Required Determinations.

I. Background

    In 30 CFR parts 724 and 846, 0SM has established procedures for the 
assessment of individual civil penalties against a corporate director, 
officer, or agent of a corporate permittee who knowingly and willfully 
authorized, ordered, or carried out a violation or a failure or refusal 
to comply. Included in the procedures are provisions allowing the 
individual to appeal a proposed individual civil penalty assessment to 
OHA which is part of the Department of the Interior. OHA consists of a 
headquarters office, located in Arlington, Virginia, and nine field 
offices located throughout the country. Since 1970, the headquarters 
office has been located at 4015 Wilson Boulevard, and that address is 
included in one section each within 30 CFR parts 724 and 846.
    Effective February 11, 2002, the OHA headquarters office is being 
relocated to 801 North Quincy Street, Arlington, Virginia. In 
anticipation of that move, OSM is revising its administrative appeals 
regulations to reflect OHA's new street address.

II. Procedural Matters and Required Determinations.

Administrative Procedure Act

    This final rule has been issued without prior public notice or 
opportunity for public comment. The Administrative Procedure Act (APA) 
(5 U.S.C. 553) provides an exception to the notice and comment 
procedures when an agency finds that there is good cause for dispensing 
with such procedures on the basis that they are impracticable, 
unnecessary or contrary to the public interest. OSM has determined that 
under 5 U.S.C. 553(b)(3)(B) good cause exists for dispensing with the 
notice of proposed rulemaking and public comment procedures for this 
rule because the rule merely changes an address contained in the 
regulations and does not impose any new OSM regulatory requirements. 
These same reasons also provide OSM with good cause under 5 U.S.C. 
553(d)(3) of the APA to have the regulation become effective on a date 
that is less than 30 days after the date of publication in the Federal 
Register.

Executive Order 12866--Regulatory Planning and Review

    This document is not a significant rule and is not subject to 
review by the Office of Management and Budget under Executive Order 
12866.
    a. The change of address will not have an effect of $100 million or 
more on the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or state, local, or tribal governments or 
communities.
    b. This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency.
    c. This rule does not alter the budgetary effects of entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients.
    d. This rule does not raise novel legal or policy issues.

Executive Order 13211--Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This rule is not considered a significant energy action under 
Executive Order 13211. The change of address will not have a 
significant affect on the supply, distribution, or use of energy.

Regulatory Flexibility Act

    The Department of the Interior certifies that this rule will not 
have a

[[Page 5204]]

significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). As 
previously stated, the change of address will not have an adverse 
economic impact. Further, the rule produces no adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of United States enterprises to compete with foreign-based 
enterprises in domestic or export markets.

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 or 
more.
    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 for 
the reasons stated above.

Unfunded Mandates

    This rule does not impose an unfunded mandate on State, local, or 
Tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
Tribal, or local governments or the private sector. A statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1534) is not required.

Executive Order 12630--Takings

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. A takings implication assessment is 
not required.

Executive Order 12612--Federalism

    In accordance with Executive Order 12612, the rule does not have 
significant Federalism implications to warrant the preparation of a 
Federalism Assessment for the reasons discussed above.

Executive Order 12988--Civil Justice Reform

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that this rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.

Paperwork Reduction Act

    This rule does not require an information collection from 10 or 
more parties and a submission under the Paperwork Reduction Act to the 
Office of Management and Budget is not required.

National Environmental Policy Act

    OSM has reviewed this rule and determined that it is categorically 
excluded from the National Environmental Policy Act process in 
accordance with the Departmental Manual 516 DM 2, Appendix 1.10. 
(Categorical Exclusion for policies, directives, regulations and 
guidelines of an administrative, financial, legal, technical or 
procedural nature).

List of Subjects

30 CFR Part 724

    Administrative practice and procedure, Penalties, Surface mining, 
underground mining.

30 CFR Part 846

    Administrative practice and procedure, Penalties, Surface mining, 
Underground mining.

    Dated: January 23, 2002.
J. Steven Griles,
Acting Assistant Secretary, Land and Minerals Management.

    For the reasons stated in the preamble, 30 CFR parts 724 and 846 
are amended as set forth below:

PART 724--INDIVIDUAL CIVIL PENALTIES

    1. The authority citation for part 724 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.


Sec. 724.17  [Amended]

    2. In Sec. 724.17(b)(l), remove ``4015 Wilson Boulevard'' and add 
``801 North Quincy Street.''

PART 846--INDIVIDUAL CIVIL PENALTIES

    3. The authority citation for part 846 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.


Sec. 846.17  [Amended]

    4. In Sec. 846.17(b)(1), remove ``4015 Wilson Boulevard'' and add 
``801 North Quincy Street.''

[FR Doc. 02-2746 Filed 2-4-02; 8:45 am]
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