[Federal Register Volume 67, Number 66 (Friday, April 5, 2002)]
[Proposed Rules]
[Pages 16341-16343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8231]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 936

[OK-029-FOR]


Oklahoma Regulatory Program

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

ACTION: Proposed rule; reopening and extension of public comment period 
on proposed amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are 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 
Oklahoma Department of Mines (Department or Oklahoma) added a new 
definition for ``community or institutional building,'' revised the 
procedures for making a valid existing rights determination, and 
corrected various editorial-type errors throughout the amendment. 
Oklahoma intends to revise its program to be consistent with the 
corresponding Federal regulations.
    This document gives the times and locations that the Oklahoma 
program and proposed amendment to that program are available for your 
inspection and the comment period during which you may submit written 
comments on the revisions to the amendment.

DATES: We will accept written comments until 4 p.m., c.s.t., April 22, 
2002.

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 Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470, 
Tulsa, Oklahoma 74135-6547, Telephone: (918) 581-6430, Internet: 
[email protected].
    Mary Ann Pritchard, Director, Oklahoma Department of Mines, 4040 N. 
Lincoln Blvd., Suite 107, Oklahoma City, Oklahoma 73105, Telephone: 
(405) 521-3859, Internet: [email protected].

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

    Section 503(a) of the Act permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that 
its program includes, among other things, ``a State law which provides 
for the regulation of surface coal mining and reclamation operations in 
accordance with the requirements of this Act * * *; and rules and 
regulations consistent with regulations issued by the Secretary 
pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On the basis 
of these criteria, the Secretary of the Interior conditionally approved 
the Oklahoma program on January 19, 1981. You can find background 
information on the

[[Page 16342]]

Oklahoma program, including the Secretary's findings, the disposition 
of comments, and the conditions of approval of the Oklahoma program in 
the January 19, 1981, Federal Register (46 FR 4902). You can also find 
later actions concerning Oklahoma's program and program amendments at 
30 CFR 936.15 and 936.16.

II. Description of the Proposed Amendment

    By letter dated November 20, 2001 (Administrative Record No. OK-
988.02), Oklahoma sent us an amendment to its program under SMCRA and 
the Federal regulations at 30 CFR 732.17(b). Oklahoma sent the 
amendment in response to an August 23, 2000, letter (Administrative 
Record No. 988) that we sent to Oklahoma in accordance with 30 CFR 
732.17(c).
    We announced receipt of the proposed amendment in the December 21, 
2001, Federal Register (66 FR 65858) and invited public comment on its 
adequacy. The public comment period ended January 22, 2002.
    During our review of the amendment, we identified concerns relating 
to definitions at OAC 460:20-7-3, procedures at OAC 460:20-7-5, and 
various editorial errors. We notified Oklahoma of the concerns by 
letter dated December 13, 2001, and January 16, 2002 (Administrative 
Record Nos. OK-988.06 and OK-988.08). On February 21, 2002, Oklahoma 
sent us a revised amendment (Administrative Record No. OK-988.10).
    Below is a summary of the revisions proposed by Oklahoma. The full 
text of the revised amendment is available for you to read at the 
locations listed above under ADDRESSES.

A. OAC 460:20-7-3  Definitions

    Oklahoma proposes the following new definition for ``community or 
institutional building'':

``Community or institutional building'' means any structure, other 
than a public building or an occupied dwelling, which is used 
primarily for meetings, gatherings, or functions of local civic 
organizations or other community groups; functions as an 
educational, cultural, historic, religious, scientific, 
correctional, mental-health, or physical-health care facility; or is 
used for public services, including, but not limited to, water 
supply, power generation, or sewage treatment.

B. OAC 460:20-7-5  Procedures

    1. At OAC 460:20-7-5(f)(1), Oklahoma proposes to remove the phrase 
``or eligible for listing'' from the first sentence.
    2. At OAC 460:20-7-5(h)(2)(C), Oklahoma proposes to replace the 
originally proposed provision with the following new provision:

(C) If the information that the Department requests under Paragraph 
(h)(2)(A) of this Section is not provided within the time specified 
or as subsequently extended, the Department shall issue a 
determination that the applicant has not demonstrated valid existing 
rights, as provided in Paragraph (h)(6)(C) of this Section.

    3. At OAC 460:20-7-5(h)(7), Oklahoma proposes to replace the 
originally proposed provision with the following new provision:

    (7) The Department shall make a copy of the request subject to 
notice and comment under Subsection (h)(3) of this Section available 
to the public in the same manner as the Department makes permit 
applications available to the public under Section 460:20-15-5(d) of 
this Chapter. In addition, the Department shall make records 
associated with that request, and any subsequent determination under 
Subsection (h)(6) of this Section, available to the public in 
accordance with the requirements and procedures of Section 460:20-
57-7 of this Chapter.

C. Editorial Corrections

    Oklahoma proposes to correct typographical errors and citation 
references in OAC 460:20-7-3, 460:20-7-4, and 460:20-7-5.

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: If you submit written or electronic comments on 
the proposed rule during the 15-day comment period, they should be 
specific, should be confined to issues pertinent to the notice, and 
should explain the reason for your recommendation(s). We may not be 
able to consider or include in the Administrative Record comments 
delivered to an address other than the one listed above (see 
ADDRESSES).
    Electronic Comments: Please submit Internet comments as an ASCII or 
Word file avoiding the use of special characters and any form of 
encryption. Please also include ``Attn: OK-029-FOR'' and your name and 
return address in your Internet message. If you do not receive a 
confirmation that we have received your Internet message, contact the 
Tulsa Field Office at (918) 581-6430.
    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 OSM's Tulsa Field Office (see 
ADDRESSES). Individual respondents may request that we withhold their 
home address from the administrative record, which we will honor to the 
extent allowable by law. There also may be circumstances in which we 
would withhold from the administrative 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 entirety.

IV. Procedural Determinations

Executive Order 12630--Takings

    In this rule, the State is adopting valid existing rights standards 
that are similar to the standards in the Federal definition at 30 CFR 
761.5. Therefore, this rule has the same takings implications as the 
Federal valid existing rights rule. The takings implications assessment 
for the Federal valid existing rights rule appears in Part XXIX.E of 
the preamble to that rule. See 64 FR 70766, 70822-27, December 17, 
1999.

Executive Order 12866--Regulatory Planning and Review

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

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 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 because 
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 
the Federal regulations at 30 CFR 730.11, 732.15, and 732.17(h)(10), 
decisions on proposed State regulatory

[[Page 16343]]

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.

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. Section 503(a)(7) requires 
that State programs contain rules and regulations ``consistent with'' 
regulations issued by the Secretary pursuant to SMCRA.

Executive Order 13211--Regulations That Significantly Affect the 
Supply, Distribution, or Use of Energy

    On May 18, 2001, the President issued Executive Order 13211 which 
requires agencies to prepare a Statement of Energy Effects for a rule 
that is (1) considered significant under Executive Order 12866, and (2) 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Because this rule is exempt from review 
under Executive Order 12866 and is not expected to have a significant 
adverse effect on the supply, distribution, or use of energy, a 
Statement of Energy Effects is not required.

National Environmental Policy Act

    This rule does not require an environmental impact statement 
because section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that 
agency decisions on proposed 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 certifies 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. 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 governmental agencies or 
geographic regions; and (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 an unfunded mandate on State, local, or 
tribal governments or the private sector of $100 million or more in any 
given year. 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 did not impose an 
unfunded mandate.

List of Subjects in 30 CFR Part 936

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 2, 2002.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 02-8231 Filed 4-4-02; 8:45 am]
BILLING CODE 4310-05-P