Oklahoma Regulatory Program, 77348-77351 [E5-8105]
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77348
Federal Register / Vol. 70, No. 250 / Friday, December 30, 2005 / Proposed Rules
U. Conducting oversight
responsibilities (e.g., inspection,
monitoring, enforcement).
V. Identifying technology assessment
and research needs.
W. Preventing waste.
X. Conserving resources.
Specific questions:
18. What options should MMS
consider as alternatives to facility
removal? Are there unique issues (such
as liability) associated with those
options?
19. What engineering challenges
should be considered when operating in
an OCS environment?
20. What safety issues exist when
operating an energy production facility
on the OCS?
21. How should operational activities
be monitored (e.g. annual on-site
inspections with verification of
operating plans)? Is there an appropriate
role for the applicant and independent
third party certification agents? Describe
existing models that could serve as a
prototype inspection and monitoring
program.
22. Are there special considerations
that MMS should examine in
developing an inspection program that
covers a diverse set of renewable
production facilities? If so, what are
they?
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Program Area: Payments and Revenues
Description: MMS has the
responsibility to ensure a fair return to
the United States for the use of any
lease, easement, or right-of-way granted.
The MMS is required to establish bonus
bids, rentals, fees, royalties, or other
payments to ensure that return.
Additionally, cost recovery fees may be
collected to compensate for the
administrative costs of providing
various services. Developing a payment
and revenue structure, as well as
appropriately designing fiscal terms
applicable to energy and alternate use
projects, requires additional
information.
General issues: Please provide
information on:
Y. Bonus bids.
Z. Rentals.
AA. Royalty terms.
BB. Fees, including cost recovery fees
or other payments.
CC. Assessing value/benefits and
impacts, Public, Private.
DD. Valuing leases, easements or
rights-of-way.
EE. Comparable fiscal systems.
FF. Surety bonds.
Specific questions:
23. What should the payment
structure be designed to collect? Should
payments be targeted at charging for use
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of the seabed? Should payments try to
capture the opportunity costs of other
activities displaced by the activity?
Should the payment structure be
designed to capture a portion of the
revenue stream, and if so, under what
circumstances?
24. Offshore renewable energy
technologies are in their infancy.
Should the payment structure be
designed to encourage the development
of these activities until the technologies
are better established?
25. What methods are used by the
renewable energy industry to quantify
the risk and uncertainty involved with
estimating the size of a renewable
energy resource, and evaluating its
profitability?
26. What measures of profitability are
commonly used as renewable energy
investment decision criteria? How do
bonus bids, rents, royalties, fees and
other payment methods impact the
profitability of these projects?
27. Are there economic models
available to calculate the profitability of
renewable energy proposals?
28. Increased reliance on renewable
energy offers both economic and
environmental benefits. What are the
public benefits to society and do they
differ from market driven benefits?
29. In section 8 (p) of the OCSLA as
amended by Section 388 of the Energy
Policy Act, the Secretary must require
the holder of a lease, easement or right
of way granted under that subsection to
furnish a surety bond or other form of
security. What options should MMS
consider to comply with this
requirement?
Coordination and Consultation
Description: Section 8(p) of the
OCSLA, as amended, includes several
provisions relating to coordination and
consultation with interested and
affected parties. Those provisions call
for coordinating and consulting with
state governors or local government
executives concerning activities that
may affect them, developing and
implementing regulations in
consultation with certain Federal
agencies and the governors of affected
states, and ensuring that activities are
carried out in a manner that provides for
coordination with relevant Federal
agencies. MMS views these
requirements as essentially covering all
aspects and phases of the non-oil and
gas energy and alternate use program
established by the Energy Policy Act of
2005.
Questions relating to coordination
and consultation:
30. While MMS considers this ANPR
an appropriate start at consultation with
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interested and affected parties, what
other efforts could be undertaken at this
early stage of program development?
31. Should a broad approach be taken
to developing a program or should
efforts be targeted to specific regions
with commensurate coordination and
consultation?
32. Would the establishment of
Federal/state cooperatives for targeted
areas be useful? Similar to the process
for OCS oil and gas program
formulation, should we solicit
comments on which areas of the OCS
should be included or excluded from
the program? After establishing where
there is consensus in support of
program activities, should coordination
and consultation efforts be directed to
those areas? Conversely, should such
efforts be curtailed or abandoned for
areas recommended for exclusion?
33. What are the critical stages (e.g.
site evaluation, application, competitive
sale) for consultation with affected
parties?
34. Should procedures for consulting
with interested and affected parties be
codified in the regulations? In general?
In detail?
35. What processes can MMS use to
provide for balance between
consultations and the time and burden
to the projects?
36. Are there specific aspects of the
new ROW rule issued by the Bureau of
Land Management that should be
reviewed by MMS for consideration in
its rulemaking?
MMS seeks responses to the
questions, and comments as to which
option(s) may be considered the most
effective and efficient. After analyzing
the comments received from this notice,
MMS will determine how to proceed.
MMS encourages all interested parties
to respond to these questions and to
provide comments on any aspect of this
program.
Dated: December 7, 2005.
Walter D. Cruickshank,
Acting Director, Minerals Management
Service.
[FR Doc. E5–8119 Filed 12–29–05; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 936
[Docket No. OK–030–FOR]
Oklahoma Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
AGENCY:
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Federal Register / Vol. 70, No. 250 / Friday, December 30, 2005 / Proposed Rules
Proposed rule; reopening and
extension of public comment period on
proposed amendment.
ACTION:
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 or the
Act). The revisions Oklahoma proposes
concern subsidence control;
impoundments; and revegetation
success standards.
Oklahoma also elected to withdraw its
proposed revisions regarding review of
decision not to inspect or enforce.
Oklahoma intends to revise its program
to provide additional safeguards, clarify
ambiguities, and improve operational
efficiency.
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.
We will accept written
comments until 4 p.m., c.t., January 17,
2006.
ADDRESSES: You may submit comments,
identified by Docket No. OK–030–FOR,
by any of the following methods:
• E-mail: mwolfrom@osmre.gov.
Include ‘‘Docket No. OK–030–FOR’’ in
the subject line of the message.
• Mail/Hand Delivery: Michael C.
Wolfrom, Director, Tulsa Field Office,
Office of Surface Mining Reclamation
and Enforcement, 5100 East Skelly
Drive, Suite 470, Tulsa, Oklahoma
74135–6547.
• Fax: (918) 581–6419.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Comment Procedures’’ heading
of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to
review copies of the Oklahoma program,
this amendment, a listing of any
scheduled public hearings, and all
written comments received in response
to this document, you must go to the
address listed below during normal
business hours, Monday through Friday,
excluding holidays. You may receive
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DATES:
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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, E-mail:
mwolfrom@osmre.gov.
In addition, you may review a copy of
the amendment during regular business
hours at the following location:
Oklahoma Department of Mines, 4040
N. Lincoln Blvd., Suite 107, Oklahoma
City, Oklahoma 73105, Telephone: (405)
427–3859.
FOR FURTHER INFORMATION CONTACT:
Michael C. Wolfrom, Director, Tulsa
Field Office. Telephone: (918) 581–
6430. E-mail: mwolfrom@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Oklahoma Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. 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. Description of the Proposed
Amendment
By letters dated October 14, 2005, and
November 17, 2005 (Administrative
Record Nos. OK–946.05 and OK–946.08,
respectively), Oklahoma sent us
amendments to its program under
SMCRA (30 U.S.C. 1201 et seq.).
Oklahoma sent the amendments in
response to our letters dated September
15, 2005, and October 28, 2005
(Administrative Record Nos. OK–946.04
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77349
and OK–946.07, respectively) that we
sent to Oklahoma under 30 CFR
732.17(c).
We announced receipt of the
proposed amendment in the October 18,
2005, Federal Register (70 FR 60481)
and invited public comment on its
adequacy. The public comment period
ended November 17, 2005.
During our review of the amendment,
we identified concerns relating to
subsidence control, impoundments,
revegetation success standards, and
review of decision not to inspect or
enforce. We notified Oklahoma of the
concerns by letters dated September 15,
2005, and October 28, 2005
(Administrative Record Nos. OK–946.04
and OK–946.07, respectively). On
October 14, 2005, and November 17,
2005 (Administrative Record Nos. OK–
946.05 and OK–946.08, respectively),
Oklahoma sent us revised amendments
(Administrative Record Nos. OK–946.05
and OK–946.08, respectively).
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. Oklahoma Administrative Code
(OAC) 460:20–31–13. Subsidence
Control Plan
Oklahoma proposes to revise
paragraph (a)(3) to require applications
to include surveys of non-commercial
buildings or occupied residential
dwellings and structures related thereto
except for areas where there is no
planned subsidence. Oklahoma also
proposes to require all applications to
include surveys of all drinking,
domestic, and residential water
supplies.
B. OAC 460:20–43–14. Impoundments
Oklahoma proposes to revise
paragraph (a)(14) to require
embankment slopes of impoundments
to be no closer than 100 feet, measured
horizontally, to any public road right-ofway unless otherwise approved under
procedures established in OAC 460:20–
7–4(4), Areas where surface coal mining
operations are prohibited or limited,
and 460:20–7–5(d), Procedures.
C. OAC 460:20–43–46 and OAC 460:20–
45–46. Revegetation: Standards for
Success
Oklahoma proposes to add new
paragraphs (b)(3)(B) and to redesignate
existing paragraphs (b)(3)(B) through
(b)(3)(D) as new paragraphs (b)(3)(C)
through (b)(3)(E). New paragraphs
(b)(3)(B) allow the Oklahoma
Department of Mines (Department) to
specify minimum stocking and planting
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Federal Register / Vol. 70, No. 250 / Friday, December 30, 2005 / Proposed Rules
arrangements for areas to be developed
for recreation, shelter belts, or forest
products on the basis of local and
regional conditions after consultation
with and approval by the State agencies
responsible for administration of
forestry and wildlife programs. The
consultation and approval will occur on
a permit specific basis and the stocking
and planting arrangements will be
incorporated into an approved
reclamation plan.
D. OAC 460:20–45–47. Subsidence
Control
Oklahoma proposes to revise
paragraph (c)(4) pertaining to repair of
damage to surface lands. This new
paragraph requires operators to be
governed by a rebuttable presumption of
causation by subsidence. The
information to be considered in
determination of causation is whether
damage to protected structures was
caused by subsidence from underground
mining. All relevant and reasonably
available information will be considered
by the Department when making the
determination.
E. OAC 460:20–57–6. Review of Decision
Not To Inspect or Enforce
Oklahoma proposes to withdraw its
previously proposed amendment
pertaining to a review of the
Department’s decision to not inspect or
take enforcement action with respect to
any violation alleged by any person who
is or may be adversely affected by a coal
exploration or surface coal mining and
reclamation operation.
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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
Send your written or electronic
comments to OSM at the address given
above. Your written comments should
be specific, pertain only to the issues
proposed in this rulemaking, and
include explanations in support of your
recommendations. We will not consider
or respond to your comments when
developing the final rule if they are
received after the close of the comment
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period (see DATES). We will make every
attempt to log all comments into the
administrative record, but comments
delivered to an address other than the
Tulsa Field Office may not be logged in.
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–030–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
We will make comments, including
names and addresses of respondents,
available for public review during
normal business hours. We will not
consider anonymous comments. If
individual respondents request
confidentiality, we will honor their
request to the extent allowable by law.
Individual respondents who wish to
withhold their name or address from
public review, except for the city or
town, must state this prominently at the
beginning of their 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 review in their entirety.
IV. 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
(OMB) 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),
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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, and section 503(a)(7) requires
that State programs contain rules and
regulations ‘‘consistent with’’
regulations issued by the Secretary
pursuant to SMCRA.
Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
In accordance with Executive Order
13175, we have evaluated the potential
effects of this rule on Federallyrecognized Indian tribes and have
determined that the rule does not have
substantial direct effects on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
This determination is based on the fact
that the Oklahoma program does not
regulate coal exploration and surface
coal mining and reclamation operations
on Indian lands. Therefore, the
Oklahoma program has no effect on
Federally-recognized Indian tribes.
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
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Federal Register / Vol. 70, No. 250 / Friday, December 30, 2005 / Proposed Rules
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)).
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.
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.).
List of Subjects in 30 CFR Part 936
Intergovernmental relations, Surface
mining, Underground mining.
Dated: December 15, 2005.
Charles E. Sandberg,
Regional Director, Mid-Continent Region.
[FR Doc. E5–8105 Filed 12–29–05; 8:45 am]
BILLING CODE 4310–05–P
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.
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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; 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.
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
[EPA–OAR–2005–0161; FRL 8016–9]
Regulation of Fuels and Fuel
Additives: Renewable Fuel Standard
Requirements for 2006
Environmental Protection
Agency (EPA).
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: EPA is proposing to interpret
and clarify the 2006 default standard
applicable under the Renewable Fuel
Program set forth in the Energy Policy
Act of 2005. The Act requires that 2.78
volume percent of gasoline sold or
dispensed to consumers in the U.S. in
2006 be renewable fuel if EPA does not
promulgate comprehensive regulations
to implement the Renewable Fuel
Program by August 8, 2006. Given the
short timeframe available and the need
to provide certainty to the regulated
community, the Agency is proposing a
limited set of regulations for the default
standard for 2006 that will provide for
collective compliance by refiners,
blenders, and importers to meet the 2.78
volume percent requirement, with
compliance determined by looking at
the national pool of gasoline sold in
2006. The Agency will develop and
promulgate the comprehensive program
subsequent to this action.
DATES: Comments: Comments must be
received on or before January 30, 2006.
Hearings: If EPA receives a request
from a person wishing to speak at a
public hearing by January 17, 2006, a
public hearing will be held on January
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77351
30, 2006. If a public hearing is
requested, it will be held at 10 a.m. at
the EPA Office Building, 2000
Traverwood, Ann Arbor, MI 48105, or at
an alternate site nearby. To request to
speak at a public hearing, send a request
to the contact in FOR FURTHER
INFORMATION CONTACT.
ADDRESSES: Submit your comments,
identified by Docket ID No. OAR–2005–
0161, by one of the following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• E-mail: macallister.julia@epa.gov.
• Fax: (734) 214–4816.
• Mail: U.S. Environmental
Protection Agency, EPA West (Air
Docket), 1200 Pennsylvania Ave., NW.,
Room B108, Mail Code 6102T,
Washington, DC 20460, Attention
Docket ID No. OAR–2005–0161. Please
include a total of 2 copies.
• Hand Delivery: EPA Docket Center,
EPA/DC, EPA West, Room B102, 1301
Constitution Ave., NW., Washington,
DC. Such deliveries are only accepted
during the Docket’s normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. OAR–2005–0161. EPA’s
policy is that all comments received
will be included in the public docket
without change and may be made
available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or e-mail. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through www.regulations.gov your email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
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]]>Agencies
[Federal Register Volume 70, Number 250 (Friday, December 30, 2005)]
[Proposed Rules]
[Pages 77348-77351]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-8105]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 936
[Docket No. OK-030-FOR]
Oklahoma Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
[[Page 77349]]
ACTION: Proposed rule; reopening and extension of public comment period
on proposed amendment.
-----------------------------------------------------------------------
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 or the
Act). The revisions Oklahoma proposes concern subsidence control;
impoundments; and revegetation success standards.
Oklahoma also elected to withdraw its proposed revisions regarding
review of decision not to inspect or enforce. Oklahoma intends to
revise its program to provide additional safeguards, clarify
ambiguities, and improve operational efficiency.
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.t., January 17,
2006.
ADDRESSES: You may submit comments, identified by Docket No. OK-030-
FOR, by any of the following methods:
E-mail: mwolfrom@osmre.gov. Include ``Docket No. OK-030-
FOR'' in the subject line of the message.
Mail/Hand Delivery: Michael C. Wolfrom, Director, Tulsa
Field Office, Office of Surface Mining Reclamation and Enforcement,
5100 East Skelly Drive, Suite 470, Tulsa, Oklahoma 74135-6547.
Fax: (918) 581-6419.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. For detailed instructions on
submitting comments and additional information on the rulemaking
process, see the ``Public Comment Procedures'' heading of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: For access to the docket to review copies of the Oklahoma
program, this amendment, a listing of any scheduled public hearings,
and all written comments received in response to this document, you
must go to the address 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, E-mail:
mwolfrom@osmre.gov.
In addition, you may review a copy of the amendment during regular
business hours at the following location:
Oklahoma Department of Mines, 4040 N. Lincoln Blvd., Suite 107,
Oklahoma City, Oklahoma 73105, Telephone: (405) 427-3859.
FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa
Field Office. Telephone: (918) 581-6430. E-mail: mwolfrom@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Oklahoma Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. 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. Description of the Proposed Amendment
By letters dated October 14, 2005, and November 17, 2005
(Administrative Record Nos. OK-946.05 and OK-946.08, respectively),
Oklahoma sent us amendments to its program under SMCRA (30 U.S.C. 1201
et seq.). Oklahoma sent the amendments in response to our letters dated
September 15, 2005, and October 28, 2005 (Administrative Record Nos.
OK-946.04 and OK-946.07, respectively) that we sent to Oklahoma under
30 CFR 732.17(c).
We announced receipt of the proposed amendment in the October 18,
2005, Federal Register (70 FR 60481) and invited public comment on its
adequacy. The public comment period ended November 17, 2005.
During our review of the amendment, we identified concerns relating
to subsidence control, impoundments, revegetation success standards,
and review of decision not to inspect or enforce. We notified Oklahoma
of the concerns by letters dated September 15, 2005, and October 28,
2005 (Administrative Record Nos. OK-946.04 and OK-946.07,
respectively). On October 14, 2005, and November 17, 2005
(Administrative Record Nos. OK-946.05 and OK-946.08, respectively),
Oklahoma sent us revised amendments (Administrative Record Nos. OK-
946.05 and OK-946.08, respectively).
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. Oklahoma Administrative Code (OAC) 460:20-31-13. Subsidence Control
Plan
Oklahoma proposes to revise paragraph (a)(3) to require
applications to include surveys of non-commercial buildings or occupied
residential dwellings and structures related thereto except for areas
where there is no planned subsidence. Oklahoma also proposes to require
all applications to include surveys of all drinking, domestic, and
residential water supplies.
B. OAC 460:20-43-14. Impoundments
Oklahoma proposes to revise paragraph (a)(14) to require embankment
slopes of impoundments to be no closer than 100 feet, measured
horizontally, to any public road right-of-way unless otherwise approved
under procedures established in OAC 460:20-7-4(4), Areas where surface
coal mining operations are prohibited or limited, and 460:20-7-5(d),
Procedures.
C. OAC 460:20-43-46 and OAC 460:20-45-46. Revegetation: Standards for
Success
Oklahoma proposes to add new paragraphs (b)(3)(B) and to
redesignate existing paragraphs (b)(3)(B) through (b)(3)(D) as new
paragraphs (b)(3)(C) through (b)(3)(E). New paragraphs (b)(3)(B) allow
the Oklahoma Department of Mines (Department) to specify minimum
stocking and planting
[[Page 77350]]
arrangements for areas to be developed for recreation, shelter belts,
or forest products on the basis of local and regional conditions after
consultation with and approval by the State agencies responsible for
administration of forestry and wildlife programs. The consultation and
approval will occur on a permit specific basis and the stocking and
planting arrangements will be incorporated into an approved reclamation
plan.
D. OAC 460:20-45-47. Subsidence Control
Oklahoma proposes to revise paragraph (c)(4) pertaining to repair
of damage to surface lands. This new paragraph requires operators to be
governed by a rebuttable presumption of causation by subsidence. The
information to be considered in determination of causation is whether
damage to protected structures was caused by subsidence from
underground mining. All relevant and reasonably available information
will be considered by the Department when making the determination.
E. OAC 460:20-57-6. Review of Decision Not To Inspect or Enforce
Oklahoma proposes to withdraw its previously proposed amendment
pertaining to a review of the Department's decision to not inspect or
take enforcement action with respect to any violation alleged by any
person who is or may be adversely affected by a coal exploration or
surface coal mining and reclamation operation.
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
Send your written or electronic comments to OSM at the address
given above. Your written comments should be specific, pertain only to
the issues proposed in this rulemaking, and include explanations in
support of your recommendations. We will not consider or respond to
your comments when developing the final rule if they are received after
the close of the comment period (see DATES). We will make every attempt
to log all comments into the administrative record, but comments
delivered to an address other than the Tulsa Field Office may not be
logged in.
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-030-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
We will make comments, including names and addresses of
respondents, available for public review during normal business hours.
We will not consider anonymous comments. If individual respondents
request confidentiality, we will honor their request to the extent
allowable by law. Individual respondents who wish to withhold their
name or address from public review, except for the city or town, must
state this prominently at the beginning of their 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 review in their entirety.
IV. 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 (OMB) 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, and section 503(a)(7)
requires that State programs contain rules and regulations ``consistent
with'' regulations issued by the Secretary pursuant to SMCRA.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on Federally-recognized Indian tribes
and have determined that the rule does not have substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
This determination is based on the fact that the Oklahoma program does
not regulate coal exploration and surface coal mining and reclamation
operations on Indian lands. Therefore, the Oklahoma program has no
effect on Federally-recognized Indian tribes.
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
[[Page 77351]]
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 government 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: December 15, 2005.
Charles E. Sandberg,
Regional Director, Mid-Continent Region.
[FR Doc. E5-8105 Filed 12-29-05; 8:45 am]
BILLING CODE 4310-05-P
