[Federal Register Volume 67, Number 166 (Tuesday, August 27, 2002)]
[Proposed Rules]
[Pages 54979-54981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21743]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 936

[SPATS No. OK-028-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: 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 employment and financial interests of 
state employees and members of advisory boards and commissions. It also 
concerns corrections of cross-references and typographical errors. 
Oklahoma intends to revise its program to be consistent with the 
corresponding Federal regulations.

DATES: We will accept written comments until 4 p.m., c.d.t., September 
11, 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, 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

    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 the Act; and rules and regulations 
consistent with regulations issued by the Secretary pursuant to the 
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 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. Discussion of the Proposed Amendment

    By letter dated November 1, 2001 (Administrative Record No. OK-
993), Oklahoma sent us an amendment to its program under SMCRA and the 
Federal regulations at 30 CFR 732.17(b). Oklahoma sent the amendment at 
its own initiative. We announced receipt of the proposed amendment in 
the December 11, 2001, Federal Register (66 FR 63968) and invited 
public comment on its adequacy. The public comment period ended January 
10, 2002.
    During our review of the amendment, we identified concerns relating 
to employment and financial interests of state employees and members of 
advisory boards and commissions, incorrect cross-references, and 
typographical errors. We notified Oklahoma of the concerns by letter 
dated March 25, 2002 (Administrative Record No. OK-993.04). On July 3, 
2002, Oklahoma sent us a revised amendment (Administrative Record No. 
OK-993.05).
    Oklahoma submitted revisions for the following provisions of the 
amendment.

A. Section 460.20-5-4. Responsibility

    1. In paragraph (a)(8), Oklahoma proposes to add a provision to 
require the Financial Officer of the State Department of Mines to 
inform members of advisory boards, the Oklahoma Mining Commission, and 
commissions representing multiple interests about who they can contact 
for advice and counseling related to filing the statement of employment 
and financial interests.
    2. Oklahoma proposes to revise paragraph (b)(2) to read as follows:

    (2) Promptly review the statements to determine if employment 
and financial interests which constitute a direct or indirect 
financial interest in underground or surface coal mining operations 
have been identified correctly;

    3. Oklahoma proposes to retain existing paragraph (c) that requires 
members of advisory boards and commissions who perform functions or 
duties under the Act to recuse themselves from proceedings that may 
affect their direct or indirect financial interest. Previously, 
Oklahoma proposed to delete this paragraph.

B. Section 460.20-5-6. Penalties

    Oklahoma proposes to revise paragraph (a) pertaining to criminal 
penalties and paragraph (b) pertaining to regulatory penalties so that 
these penalties also apply to advisory board members and commissioners.

C. Section 460.20-5-7. Who Shall File

    Oklahoma proposes to revise the fourth sentence in paragraph (b) to 
read as follows:

    In those cases, the Director shall list the title of boards, 
offices, bureaus, or divisions

[[Page 54980]]

within the Department of Mines which do not perform any functions or 
duties under the Act and list the positions not performing functions 
or duties under the Act for only those boards, offices, bureaus, or 
divisions that do have some employees performing functions or duties 
under the Act.

D. Section 460.20-5-10. What To Report

    1. Oklahoma proposes to revise paragraph (c)(3) to read as follows:

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

    2. Oklahoma proposes to revise paragraph (c)(4) to read as follows:

    (4) Employees, advisory board members, and commissioners are 
cautioned to give serious consideration to their direct and indirect 
financial interests before signing the statement of certification. * 
* *

E. Section 460.20-15-6. Review of Permit Applications

    Oklahoma proposes to revise paragraph (b)(5)(C) to read as follows:

    (C) Was not identified in the permit application.

F. Correction of Cross-References and Typographical Errors

    Oklahoma proposes to correct incorrect cross-references and 
typographical errors in Section 460:20-3-5. Definitions, Section 
462:20-5-10. What to report, and Section 460:20-45-46. Revegetation: 
standards for success.

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, 
WordPerfect, or Word file avoiding the use of special characters and 
any form of encryption. Please also include ``Attn: SPATS NO. OK-028-
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 12866--Regulatory Planning and Review

    This rule is exempted from review by the Office of Management and 
Budget 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 
regulations.

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 applicable standards of 
subsections (a) and (b) of this section. However, these standards are 
not applicable to the actual language of State regulatory programs and 
program amendments since each such program is drafted and promulgated 
by a specific State, not 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.

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

    Section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that a 
decision on a proposed State regulatory program provision does not 
constitute a 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 the Office of Management and Budget under the

[[Page 54981]]

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: July 26, 2002.
Ervin J. Barchenger,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 02-21743 Filed 8-26-02; 8:45 am]
BILLING CODE 4310-05-P