[Federal Register Volume 68, Number 12 (Friday, January 17, 2003)]
[Rules and Regulations]
[Pages 2447-2451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-977]



[[Page 2447]]

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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 936

[OK-028-FOR]


Oklahoma Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are approving an amendment to the Oklahoma regulatory program 
(Oklahoma program) under the Surface Mining Control and Reclamation Act 
of 1977 (SMCRA or the Act). Oklahoma proposed revisions to its 
regulations concerning employment and financial interests of State 
employees and members of advisory boards and commissions and remining 
and reclamation of previously mined and certain inadequately reclaimed 
lands. Oklahoma intends to revise its program to be consistent with the 
corresponding Federal regulations and/or statutes. Oklahoma also 
intends to correct some cross references and typographical and 
grammatical errors.

EFFECTIVE DATE: January 17, 2003.

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
II. Submission of the Amendment
III. OSM's Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Procedural Determinations

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 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. Submission of the Amendment

    By letter dated November 1, 2001 (Administrative Record No. OK-
993), Oklahoma sent us an amendment to its program under SMCRA (30 
U.S.C. 1201 et seq.). Oklahoma sent the amendment at its own 
initiative. Oklahoma proposed to amend the Oklahoma Administrative 
Code, Title 460, Chapter 20.
    We announced receipt of the amendment in the December 11, 2001, 
Federal Register (66 FR 63968). 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. We did not hold a public 
hearing or meeting because no one requested one. The public comment 
period ended on January 10, 2002. We received comments from one Federal 
agency (Administrative Record No. OK-993.01).
    During our review of the amendment, we identified concerns 
regarding the review of permit applications and employment and 
financial interests of members of advisory boards, the Oklahoma Mining 
Commission, and commissions representing multiple interests. We 
notified Oklahoma of these concerns by letter dated March 25, 2002 
(Administrative Record No. OK-993.04).
    Oklahoma responded in a letter dated July 3, 2002, by sending us a 
revised amendment (Administrative Record No. OK-993.05). Based upon 
Oklahoma's revisions to its amendment, we reopened the public comment 
period in the August 27, 2002, Federal Register (67 FR 54979). The 
public comment period ended on September 11, 2002. We received comments 
from one Federal agency (Administrative Record No. OK-993.10).

III. OSM's Findings

    Following are the findings we made concerning the amendment under 
SMCRA and the Federal regulations at 30 CFR 732.15 and 732.17. We are 
approving the amendment as described below. Any revisions that we do 
not specifically discuss below concern nonsubstantive wording or 
editorial changes.

A. Revisions to Oklahoma's Regulations That Have the Same Meaning as 
the Corresponding Federal Provisions

    The State regulations listed in the table below contain language 
that is the same as or similar to the corresponding sections of the 
Federal regulations and/or statutes.

------------------------------------------------------------------------
                                                     Federal counterpart
            Topic               State regulation      regulation and/or
                                                           statute
------------------------------------------------------------------------
Definition of ``Lands         Section 460:20-3-     30 CFR 701.5;
 eligible for remining''.      5(A) through (D),     sections
                               (F), (G), and (I).    402(g)(4)(A) and
                                                     (B)(i) through
                                                     (ii), and 404 of
                                                     SMCRA.
Definition of                 Section 460:20-3-5..  30 CFR 701.5.
 ``Unanticipated event or
 condition''.
Financial interest of State   Section 460:20-5-3..  30 CFR 705.3(a).
 employees--Authority.
Financial interest of State   Section 460:20-5-     30 CFR 705.11(b)
 employees--Who shall file.    7(b).
Review of permit application  Section 460:20-15-    30 CFR 773.13(a) and
                               6(b)(4) through       (b), and 773.15(m).
                               (b)(5), and (c)(13).
Lands eligible for remining.  Section 460:20-33-12  30 CFR 785.25.
Responsibility period.......  Section 460:20-43-    30 CFR 816.116(c)(2)
                               46(c)(2) and (c)(3).  and (c)(3)
Responsibility time frame...  Section 460:20-45-    30 CFR 817.116(c)(2)
                               46(c)(2) and (c)(3).  and (c)(3).
------------------------------------------------------------------------

    Because the above State regulations have the same meaning as the 
corresponding Federal provisions, we find that they are no less 
effective than the Federal regulations and/or no less stringent than 
the Federal statutes. Therefore, we are approving them.

[[Page 2448]]

B. Revisions to Oklahoma's Regulations That Are Not Inconsistent With 
the Corresponding Federal Provisions

    The State regulations listed in the table below contain language 
that is the same as or similar to the corresponding sections of the 
Federal regulations except that Oklahoma expanded the persons to whom 
the provisions in the regulations apply to include one or more of the 
following: members of advisory boards, the Oklahoma Mining Commission, 
and commissions representing multiple interests.

------------------------------------------------------------------------
                                                     Federal counterpart
            Topic               State regulation      regulation and/or
                                                           statute
------------------------------------------------------------------------
Financial interest of State   Section 460:20-5-1..  30 CFR 705.1.
 employees--Purpose.
Financial interest of State   Section 460:20-5-2..  30 CFR 705.2.
 employees--Objectives.
Financial interest of State   Section 460:20-5-     30 CFR 705.4(a)(7),
 employees--Responsibility.    4(a)(7), (a)(8),      (a)(8) and (c).
                               and (c).
Financial interest of State   Section 460:20-5-     30 CFR 705.6(b).
 employees--Penalties.         6(b).
Financial interest of State   Section 460:20-5-     30 CFR 705.11(a).
 employees--Who shall file.    7(a).
Financial interest of State   Section 460:20-5-8..  30 CFR 705.13.
 employees--When to file.
Financial interest of State   Section 460:20-5-     30 CFR 705.15.
 employees--Where to file.     9(b).
Financial interest of State   Section 460:20-5-10.  30 CFR 705.17.
 employees--What to report.
------------------------------------------------------------------------

    Because the inclusion of the advisory board members, the Oklahoma 
Mining Commission, and commissions representing multiple interests in 
Oklahoma's above regulations are not inconsistent with the counterpart 
Federal provisions, we find that the proposed State regulations are no 
less effective than the corresponding Federal regulations and we are 
approving them.

C. Section 460:20-5-3. Definitions

    Paragraph (E) of the definition of ``lands eligible for remining,'' 
provides that the lands eligible for remining are those lands mined for 
coal or affected by such mining or other coal mining processes that 
have been left or abandoned in an inadequate reclamation status between 
August 4, 1977, and January 19, 1981. The counterpart Federal 
definition found at 30 CFR 701.5 states that lands eligible for 
remining means those lands that would otherwise be eligible for 
expenditures under section 402(g)(4) of the Federal Act. The Federal 
statute at section 402(g)(4)(B)(i) of SMCRA states that in order to be 
eligible for remining, the coal mining operation must have occurred 
during the period beginning on August 4, 1977, and ending on or before 
the date on which the Secretary approved the State program. The 
Secretary approved the Oklahoma program on January 19, 1981. Because 
the lands eligible for remining under the Oklahoma program would also 
be eligible under the Federal program, we find that the Oklahoma 
provision is no less effective than the Federal regulation at 30 CFR 
701.5 and no less stringent than the Federal statute at section 
402(g)(4)(B)(i) of SMCRA. Therefore, we are approving this provision.
    Also, paragraph (H) of the definition of ``lands eligible for 
remining,'' provides that the lands eligible for remining are those 
lands mined for coal or affected by such mining or other coal mining 
processes that have been left or abandoned in an inadequate reclamation 
status between August 4, 1977, and November 5, 1990. The counterpart 
Federal definition found at 30 CFR 701.5 states that lands eligible for 
remining means those lands that would otherwise be eligible for 
expenditures under section 402(g)(4) of the Federal Act. The Federal 
statute at section 402(g)(4)(B)(ii) of SMCRA states that in order to be 
eligible for remining, the coal mining operation must have occurred 
during the period beginning on August 4, 1977, and ending on or before 
November 5, 1990. Because the lands eligible for remining under the 
Oklahoma program would also be eligible under the Federal program, we 
find that the Oklahoma provision is no less effective than the Federal 
regulation at 30 CFR 701.5 and no less stringent than the Federal 
statute at section 402(g)(4)(B)(ii) of SMCRA. Therefore, we are also 
approving this provision.

D. Section 460:20-5-4. Responsibility

    Currently at section 460:20-5-4(a), Oklahoma's program contains 
provisions that pertain to the filing of financial interest statements 
by employees. Oklahoma proposed to expand the list of persons who are 
required to file financial interest. Oklahoma proposed to accomplish 
this by adding new paragraph (b). This new paragraph sets forth the 
responsibility of the Oklahoma Governor's Office, Director of 
Appointments pertaining to the filing of financial interest statements 
by advisory board members, the Oklahoma Mining Commission, and 
commissions representing multiple interests. With the addition of this 
paragraph, the Oklahoma Governor's Office, Director of Appointments 
must (1) provide advice, assistance, and guidance to advisory board 
members and commissioners required to file the statement, (2) promptly 
review the statements to determine if prohibited financial interests 
exist, (3) resolve prohibited financial interest situations, (4) 
certify on each statement that the review has been made, and (5) report 
to the Director of OSM any advisory board member's or commissioner's 
failure to take remedial action to resolve any prohibited financial 
interest situations. The counterpart Federal regulations for these 
provisions are found at 30 CFR 705.4(a)(1) through (a)(4) and 
705.19(a)(2)(ii) through (a)(3). Oklahoma's provisions have the same 
meaning as the Federal provisions except that Oklahoma's provisions 
also include members of advisory boards and commissions representing 
multiple interests, whereas, the Federal provisions pertain to 
employees. Because the provisions in Oklahoma's proposed new paragraph 
(b) are intended to expand the list of persons who must file financial 
interest statements and the inclusion of these persons is not 
inconsistent with the Federal provisions, we are approving this 
amendment.

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E. Section 460:20-5-6. Penalties

    Oklahoma proposed to revise section 460:20-5-6(a) by including 
advisory board members and commissioners on the list of persons subject 
to criminal penalties if they perform any function or duty under the 
State's program and have a direct or indirect financial interest in any 
underground or surface coal mining operation. The counterpart Federal 
regulation for this provision is found at 30 CFR 705.6(a). Oklahoma's 
proposed provision has the same meaning as the Federal provision except 
that Oklahoma's provision applies to employees, advisory board members, 
and commissioners and sets the fine at no more than $5,000 (the dollar 
amount that we previously approved), whereas, the Federal provision 
applies only to employees and sets the fine at no more than $2,500. 
Because the inclusion of the advisory board members and commissioners 
is not inconsistent with the Federal provision, we find that the above 
State regulation is no less effective than the corresponding Federal 
regulation and we are approving it.

F. Section 460:20-5-13. Appeals Procedures

    Oklahoma proposed to add new paragraph (b) to provide that members 
of advisory boards, the Oklahoma Mining Commission, and commissions 
representing multiple interests should follow any appeals process 
provided for by the Oklahoma Governor's Office, Director of 
Appointments. The counterpart Federal regulation at 30 CFR 705.21(a) 
provides for employees to file their appeal, in writing, through 
established procedures within their particular State. Because 
Oklahoma's provision provides appeal rights to members of advisory 
boards, the Oklahoma Mining Commission, and commissions representing 
multiple interests, we find that this provision is not inconsistent 
with the counterpart Federal provision and we are approving it.

G. Section 460:20-15-4. Regulatory Coordination With Requirements Under 
Other Laws

    In this section, Oklahoma proposed to add the phrase ``along with 
all state, federal, and local permitting and licencing [sic] 
requirements.'' With the addition of this phrase, the revised paragraph 
reads as follows:

    Each regulatory program shall, to avoid duplication, provide for 
the coordination of review and issuance of permits for surface coal 
mining and reclamation operations with applicable requirements of 
the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et 
seq.); the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 
661 et seq.); the Migratory Bird Treaty Act of 1918, as amended (16 
U.S.C. 703 et seq.); The National Historic Preservation Act of 1966, 
as amended (16 U.S.C. 470 et seq.); the Bald Eagle Protection Act, 
as amended (16 U.S.C. 668a), along with all state, federal, and 
local permitting and licencing [sic] requirements; for Federal 
programs only, the Archeological and Historic Preservation Act of 
1974 (16 U.S.C. 469 et seq.); and the Archeological Resources 
Protection Act of 1979 (16 U.S.C. 470a et seq.) where Federal and 
Indian lands covered by that Act are involved.

    The counterpart Federal regulation at 30 CFR 773.5 contains all of 
the same provisions as Oklahoma's regulation except for the phrase that 
provides coordination of review and issuance of permits with applicable 
requirements of all State, Federal, and local permitting and licensing 
requirements. Because Oklahoma's regulation is substantively the same 
as the counterpart Federal regulation and the phrase added to this 
section is not inconsistent with the counterpart Federal regulation, we 
are approving the revision.

H. Section 460:20-43-46. and Section 460:20-45-46. Revegetation: 
Standards for Success

    At the ends of paragraphs (b)(6), Oklahoma proposed to add the 
phrase ``of approved vegetation species.'' With the addition of this 
phrase, the revised paragraphs read as follows:

    For areas previously disturbed by mining that were not reclaimed 
to the requirements of this Chapter and that are remined or 
otherwise redisturbed by surface coal mining operations, as a 
minimum, the vegetative ground cover shall be not less than the 
ground cover existing before redisturbance and shall be adequate to 
control erosion. In general this is considered to be at least 70% 
vegetative ground cover of approved vegetation species.

    The counterpart Federal regulations at 30 CFR 816.116(b)(5) and 
817.116(b)(5) require, at a minimum, that the vegetative ground cover 
be not less than the ground cover existing before redisturbance and 
that it be adequate to control erosion. Because Oklahoma's addition of 
the phrase ``of approved vegetation species'' only serves to clarify 
that the ground cover must consist of approved vegetation species and 
because the phrase is not inconsistent with the counterpart Federal 
regulations, we are approving this revision.

IV. Summary and Disposition of Comments

Public Comments

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

Federal Agency Comments

    On November 19, 2001, under 30 CFR 732.17(h)(11)(i) and section 
503(b) of SMCRA, we requested comments on the amendment from various 
Federal agencies with an actual or potential interest in the Oklahoma 
program (Administrative Record No. OK-993.03). The U.S. Department of 
Labor, Mine Safety and Health Administration responded on November 27, 
2001 (Administrative Record No. OK-993.01), with a comment regarding 
the definition for ``auger mining'' found in Section 460:20-3-5. 
Oklahoma did not propose to amend its definition for ``auger mining.'' 
We previously found that Oklahoma's definition for ``auger mining'' is 
no less effective than the counterpart Federal definition at 30 CFR 
701.5.
    Also, in a letter dated August 5, 2002 (Administrative Record No. 
OK-993.10), the U.S. Department of the Interior, Fish and Wildlife 
Service (FWS) commented that it believes that the proposed amendment 
regarding remining and reclamation of previously mined and certain 
inadequately reclaimed lands would be protective of the environment and 
federally threatened and endangered species. In addition, the agency 
recommended that all proposed remining and reclamation activities of 
previously mined and certain inadequately reclaimed lands be submitted 
to them ``for review for the potential to adversely affect threatened 
and endangered species.'' The State regulation at 460:20-33-12, 
concerning lands eligible for remining, requires that any application 
for a remining permit must be made according to all the requirements 
applicable to surface coal mining and reclamation operations. This 
includes the State regulations at 460:20-15-5(a)(3)(B) and 460:20-27-
9(a), (b), and (c). The State regulation at 460:20-15-5(a)(3)(B) 
requires the regulatory authority to send a notice of receipt of an 
application to State and Federal fish and wildlife agencies with an 
opportunity to comment. The State regulations at 460:20-27-9(a) and (b) 
require applications to include fish and wildlife resource information, 
including information on threatened and endangered species. Further, 
the State regulation at 460:20-27-9(c) requires the regulatory 
authority to send fish and wildlife application information to the FWS 
for review within 10 days if requested by the FWS. Because coal 
operators must have a valid permit before conducting surface coal 
mining and reclamation operations and these permits must include the 
above coordination of review with State and

[[Page 2450]]

Federal fish and wildlife agencies, the review that the FWS recommended 
should occur. Additionally, we forwarded the FWS's comments to the 
State for its consideration.

Environmental Protection Agency (EPA) Concurrence and Comments

    Under 30 CFR 732.17(h)(11)(ii), we are required to obtain the 
written concurrence of EPA for those provisions of the program 
amendment that relate to air or water quality standards issued 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 EPA to concur on the 
amendment.
    Under 30 CFR 732.17(h)(11)(i), we requested comments on the 
amendment from EPA (Administrative Record Nos. OK-993.03 and OK-
993.11). The EPA did not respond to our request.

State Historic 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 November 19, 2001, and July 16, 2002, we requested 
comments on Oklahoma's amendment (Administrative Record Nos. OK-993.03 
and OK-993.11, respectively), but neither responded to our request.

V. OSM's Decision

    Based on the above findings, we approve the amendment Oklahoma sent 
to us on November 1, 2001, as revised on July 3, 2002. We approve the 
regulations proposed by Oklahoma with the provision that they be fully 
promulgated in identical form to the regulations submitted to and 
reviewed by OSM and the public.
    To implement this decision, we are amending the Federal regulations 
at 30 CFR Part 936, which codify decisions concerning the Oklahoma 
program. We find that good cause exists under 5 U.S.C. 553(d)(3) to 
make this final rule effective immediately. Section 503(a) of SMCRA 
requires that the State's program demonstrate that the State has the 
capability of carrying out the provisions of the Act and meeting its 
purposes. Making this final rule effective immediately will expedite 
that process. SMCRA requires consistency of State and Federal 
standards.

VI. Procedural Determinations

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 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 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

[[Page 2451]]

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: November 7, 2002.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.

    For the reasons set out in the preamble, 30 CFR part 936 is amended 
as follows:

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.

* * * * *

------------------------------------------------------------------------
 Original amendment submission    Date of final
             date                  publication      Citation/description
------------------------------------------------------------------------
 
                              * * * * * * *
November 1, 2001..............  January 17, 2003.  Sections 460:20-3-5;
                                                    20-5-1; 20-5-2; 20-5-
                                                    3; 20-5-4(a)(7)
                                                    through (d); 20-5-6;
                                                    20-5-7(a) and (b);
                                                    20-5-8; 20-5-9(b);
                                                    20-5-10(a), (a)(2),
                                                    (b)(1) through
                                                    (c)(4); 20-5-13; 20-
                                                    15-4; 20-15-6(b)(4),
                                                    (b)(5), and (c)(13);
                                                    20-33-12; 20-43-
                                                    46(b)(6) and (c)(2)
                                                    through (c)(3)(B);
                                                    20-45-46(b)(6) and
                                                    (c)(2) through
                                                    (c)(3)(B).
------------------------------------------------------------------------

[FR Doc. 03-977 Filed 1-16-03; 8:45 am]
BILLING CODE 4310-05-P