[Federal Register Volume 60, Number 217 (Thursday, November 9, 1995)]
[Rules and Regulations]
[Pages 56528-56529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27810]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 936
[SPATS No. OK-016-FOR]
Oklahoma Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: OSM is approving a proposed amendment to the Oklahoma
regulatory program (hereinafter referred to as the ``Oklahoma
program'') under the Surface Mining Control and Reclamation Act of 1977
(SMCRA). Oklahoma proposed a revision to its rules pertaining to
procedures for assessment conference. The amendment is intended to
revise the Oklahoma program to improve operational efficiency.
EFFECTIVE DATE: November 9, 1995.
FOR FURTHER INFORMATION CONTACT: Mr. Jack R. Carson, Acting Director,
Tulsa Field Office, Office of Surface Mining Reclamation and
Enforcement, 5100 East Skelly Drive, suite 470, Tulsa, Oklahoma 74135-
6548, Telephone: (918) 581-6430.
SUPPLEMENTARY INFORMATION:
I. Background on the Oklahoma Program
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations
I. Background on the Oklahoma Program
On January 19, 1981, the Secretary of the Interior conditionally
approved the Oklahoma program. Background information on the Oklahoma
program, including the Secretary's findings, the disposition of
comments, and the conditions of approval can be found in the January
19, 1981, Federal Register (46 FR 4902). Subsequent actions concerning
the conditions of approval and program amendments can be found at 30
CFR 936.15 and 936.16.
II. Submission of the Proposed Amendment
By letter dated July 5, 1995 (Administrative Record No. OK-972),
Oklahoma submitted a proposed amendment to its program pursuant to
SMCRA. Oklahoma submitted the proposed amendment at its own initiative.
Oklahoma proposed to revise its rules at Oklahoma Administrative Code
(OAC) 460:20-61-10 concerning procedures for assessment conference.
OSM announced receipt of the proposed amendment in the July 27,
1997, Federal Register (60 FR 38533), and in the same document opened
the public comment period and provided an opportunity for a public
hearing on the adequacy of the proposed amendment. The public comment
period closed on August 28, 1995.
III. Director's Findings
Set forth below, pursuant to SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17, are the Director's findings concerning the
proposed amendment.
The proposed amendment submitted by Oklahoma adds the word
``original'' before the word ``abatement'' in the second sentence of
OAC 460:20-61-10(b)(1). The effect of this proposed revision is that
civil penalty assessment conferences will be held within 60 days from
the date of issuance of the proposed assessment or the end of the
original abatement period, whichever is later. The Federal counterpart
regulation at 30 CFR 845.18(b)(1) provides that the assessment
conference be held within 60 days from the date the conference request
is received or the end of the abatement period, whichever is later.
The current time frame for holding Federal civil penalty assessment
conferences resulted from a revision to 30 CFR 845.18(b)(1) which was
effective April 8, 1991 (56 FR 10060, March 8, 1991). In the Federal
Register document announcing the regulation revision, the preamble
addressed the effect of the revision in States with primacy:
Section 518(i) of the Act and 30 CFR 840.13(c) of the
regulations require approved State programs to contain civil penalty
assessment procedures which are the same as or similar to the
provisions of section 518 of the Act and consistent with those of 30
CFR part 845. The time allowed for holding an assessment conference
is not prescribed in the Act; thus, the applicable standard
governing the adequacy of State program provisions under 30 CFR
840.13(c) is whether the approved State programs contain procedural
requirements relating to civil penalties which are consistent with
(i.e., no less effective than) 30 CFR 845.18, as amended. Because
OSM allows the States reasonable latitude in establishing certain
procedural time frames, and because this rule merely extends one of
such time frames, States do not have to adopt this change.
As indicated in the preamble provision quoted above, OSM allows the
States reasonable latitude in establishing certain procedural time
frames, and Oklahoma's proposed rule still provides for a minimum 60-
day time frame for holding civil penalty assessment conferences.
Therefore, the Director finds that Oklahoma's proposed revision does
not render its rule at OAC 460:20-61-10(b)(1) less effective than the
Federal regulation at 30 CFR 845.18(b)(1), and he is approving the
proposal.
IV. Summary and Disposition of Comments
Public Comments
The Director solicited public comments and provided an opportunity
for a public hearing on the proposed amendment. No public comments were
received, and because no one requested an opportunity to speak at a
public hearing, no hearing was held.
Federal Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited
comments on the proposed amendment from various Federal agencies with
an actual or potential interest in the Oklahoma program. The Department
of the Army, U.S. Army Corps of Engineers, responded that its review of
the amendment found the changes to be satisfactory (Administrative
Record No. OK-972.02). The United States Department of the Interior,
Bureau of Land Management, responded that the amendment appears to be
an improvement because it promotes timely procedures (Administrative
Record No. OK-972.03).
Environmental Protection Agency (EPA)
Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the
written concurrence of the EPA with respect to those provisions of the
proposed program amendment that relate to air or water quality
standards promulgated 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.). The
revision that Oklahoma proposed to make in this amendment did not
pertain to air or water quality standards. Therefore, OSM did not
request EPA's concurrence.
Pursuant to 732.17(h)(11)(i), OSM solicited comments on the
proposed amendment from EPA (Administrative Record No. OK-972.01). EPA
did not respond to OSM's request.
[[Page 56529]]
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Pursuant to 30 CFR 732.17(h)(4), OSM solicited comments on the
proposed amendment from the SHPO and ACHP. No response was received
from either agency.
V. Director's Decision
Based on the above finding, the Director approves the proposed
amendment as submitted by Oklahoma on July 5, 1995.
The Director approves the rule as proposed by Oklahoma with the
provision that it be fully promulgated in identical form to the rule
submitted to and reviewed by OSM and the public.
The Federal regulations at 30 CFR Part 936, codifying decisions
concerning the Oklahoma program, are being amended to implement this
decision. This final rule is being made effective immediately to
expedite the State program amendment process and to encourage States to
bring their programs into conformity with the Federal standards without
undue delay. Consistency of State and Federal standards is required by
SMCRA.
VI. Procedural Determinations
Executive Order 12866
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
Executive Order 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (Civil Justice Reform) and has
determined that, to the extent allowed by law, 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 since each such
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 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.
National Environmental Policy Act
No environmental impact statement is required for this rule since
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 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
corresponding 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. Accordingly, 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 corresponding Federal regulations.
List of Subjects in 30 CFR Part 936
Intergovernmental relations, Surface mining, Underground mining.
Dated: October 27, 1995.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
For the reasons set out in the preamble, Title 30, Chapter VII,
Subchapter T of the Code of Federal Regulations is amended as set forth
below:
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 by adding paragraph (q) to read as
follows:
Sec. 936.15 Approval of regulatory program amendments.
* * * * *
(q) Revision to the following rule, as submitted to OSM on July 5,
1995, is approved effective November 9, 1995:
OAC 460:20-61-10(b)(1).................... Procedures for assessment
conference.
[FR Doc. 95-27810 Filed 11-8-95; 8:45 am]
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