Oklahoma Regulatory Program, 77348-77351 [E5-8105]

Download as PDF 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? wwhite on PROD1PC61 with PROPOSALS 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 VerDate Aug<31>2005 16:39 Dec 29, 2005 Jkt 208001 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 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 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: E:\FR\FM\30DEP1.SGM 30DEP1 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: http:// 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 wwhite on PROD1PC61 with PROPOSALS DATES: VerDate Aug<31>2005 16:39 Dec 29, 2005 Jkt 208001 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 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 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 E:\FR\FM\30DEP1.SGM 30DEP1 77350 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. wwhite on PROD1PC61 with PROPOSALS 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 VerDate Aug<31>2005 16:39 Dec 29, 2005 Jkt 208001 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), PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 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 E:\FR\FM\30DEP1.SGM 30DEP1 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. wwhite on PROD1PC61 with PROPOSALS 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. VerDate Aug<31>2005 16:39 Dec 29, 2005 Jkt 208001 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 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 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 http:// 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 E:\FR\FM\30DEP1.SGM 30DEP1

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.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are announcing receipt of revisions to a previously proposed 
amendment to the Oklahoma regulatory program (Oklahoma program) under 
the Surface Mining Control and Reclamation Act of 1977 (SMCRA 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: http://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