Oklahoma Regulatory Program, 66671-66674 [2013-26587]

Download as PDF Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Proposed Rules 13, 2013 (78 FR 56625), the comment due date is extended to December 12, 2013. Interested persons are invited to submit comments responsive to this request for information to the Office of General Counsel, Regulations Division, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410– 0001. Communications must refer to the above docket number and title and should contain the information specified in the ‘‘Request for Comments’’ of this notice. Electronic Submission of Comments. Interested persons may submit comments electronically through the Federal eRulemaking Portal at http:// www.regulations.gov. HUD strongly encourages commenters to submit comments electronically. Electronic submission of comments allows the commenter maximum time to prepare and submit a comment, ensures timely receipt by HUD, and enables HUD to make them immediately available to the public. Comments submitted electronically through the http:// www.regulations.gov Web site can be viewed by interested members of the public. Commenters should follow instructions provided on that site to submit comments electronically. Submission of Hard Copy Comments. Comments may be submitted by mail or hand delivery. To ensure that the information is fully considered by all of the reviewers, each commenter submitting hard copy comments, by mail or hand delivery, should submit comments or requests to the address above, addressed to the attention of the Regulations Division. Due to security measures at all federal agencies, submission of comments or requests by mail often result in delayed delivery. To ensure timely receipt of comments, HUD recommends that any comments submitted by mail be submitted at least 2 weeks in advance of the public comment deadline. All hard copy comments received by mail or hand delivery are a part of the public record and will be posted to http:// www.regulations.gov without change. No Facsimile Comments. Facsimile (FAX) comments are not acceptable. Public Inspection of Comments. All comments submitted to HUD regarding this notice will be available, without charge, for public inspection and copying between 8 a.m. and 5 p.m. weekdays at the above address. Due to security measures at the HUD Headquarters building, an advance appointment to review the documents must be scheduled by calling the pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 ADDRESSES: VerDate Mar<15>2010 15:07 Nov 05, 2013 Jkt 232001 Regulations Division at 202–708–3055 (this is not a toll-free number). Copies of all comments submitted will also be available for inspection and downloading at http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: ´ Ruth Roman, Office of Housing Counseling, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 9224, Washington, DC 20410–8000; telephone number 202–708–0317 (this is not a toll-free number). Persons with hearing or speech challenges may access this number through TTY by calling the toll-free Federal Relay Service at 800– 877–8339. SUPPLEMENTARY INFORMATION: On September 13, 2013 (78 FR 56625), HUD published a proposed rule in the Federal Register that would implement changes made by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Pub. L. 111–203, 124 Stat. 1376 (July 21, 2010)) (Dodd-Frank Act) to HUD’s Housing Counseling Program, established pursuant to section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x) (1968 Act). The Dodd-Frank Act amended section 106 of the 1968 Act to improve the effectiveness of HUD’s Housing Counseling Program by, among other things: defining certain commonly used terms in the program; ensuring that HUD-approved counselors provide counseling covering the entire process of homeownership, from the purchase of a home to its disposition; requiring that housing counseling agencies provide materials on home inspections, as part of home purchase counseling; ensuring that rental or homeownership counseling provided in connection with HUD programs is administered in accordance with procedures established by HUD; and requiring that all HUDrelated homeownership counseling and rental housing counseling, provided in connection with any HUD program, is provided by HUD-certified housing counseling agencies through their HUDcertified housing counselors. Interested readers should refer to the preamble of the September 13, 2013, proposed rule for additional information on the proposed regulatory changes. In the September 13, 2013 proposed rule, HUD established a comment due date of November 12, 2013. In response to recent requests for additional time to submit public comments and given the application of the rule to both housing counseling agencies and individual counselors, HUD believes an extension of the deadline would provide the time needed for housing counseling agencies PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 66671 to disseminate the information to affected housing counselors and time for housing counselors to provide comments. Therefore, HUD is announcing through this notice an extended public comment period, for an additional 30-day period, to December 12, 2013. Dated: October 31, 2013. Sarah S. Gerecke, Deputy Assistant Secretary for Housing Counseling. [FR Doc. 2013–26586 Filed 11–5–13; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 936 [SATS No. OK–035–FOR; Docket ID: OSM– 2013–0004; S1D1SSS08011000SX066A0006 7F134S180110; S2D2SSS080 11000SX066A00033F13XS501520] Oklahoma Regulatory Program Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment. AGENCY: We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing receipt of a proposed amendment to the Oklahoma regulatory program (Oklahoma program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Oklahoma proposes revisions to its regulations regarding: Definitions; review of permit applications; general provisions for review of permit application information and entry of information into AVS; review of applicant, operator, and ownership and control information; review of permit history; review of compliance history; permit eligibility determination; unanticipated events or conditions at remining sites; eligibility for provisionally issued permits; written findings for permit application approval; performance bond submittal; initial review and finding requirements for improvidently issued permits; notice requirements for improvidently issued permits; suspension or rescission requirements for improvidently issued permits; who may challenge ownership or control listings and findings; how to challenge an owner and controller listing or finding; burden of proof for ownership or control challenges; written agency decision on challenges to SUMMARY: E:\FR\FM\06NOP1.SGM 06NOP1 pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 66672 Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Proposed Rules ownership or control listings or findings; post-permit issuance requirements for regulatory authorities and other actions based on ownership, control, and violation information; postpermit issuance information requirements for permittees; transfer, assignment, or sale of permit rights; certifying and updating existing permit application information; providing applicant and operator information; providing permit history information; providing property interest information; providing violation information; facilities or structures used in common; hydrologic balance—siltation structures; cessation orders; alternative enforcement—general provisions; criminal penalties; and civil actions for relief. Oklahoma intends to revise its program to be no less effective than the Federal regulations and to improve operational efficiency. This document gives the times and locations that the Oklahoma program and this proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested. DATES: We will accept written comments on this amendment until 4:00 p.m., c.d.t., December 6, 2013. If requested, we will hold a public hearing on the amendment on December 2, 2013. We will accept requests to speak at a hearing until 4:00 p.m., c.d.t. on November 21, 2013. ADDRESSES: You may submit comments, identified by SATS No. OK–035–FOR, by any of the following methods: • Mail/Hand Delivery: Acting Director, Tulsa Field Office, Office of Surface Mining Reclamation and Enforcement, 1645 South 101st East Avenue, Suite 145, Tulsa, Oklahoma 74128–4629. • 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 VerDate Mar<15>2010 15:07 Nov 05, 2013 Jkt 232001 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 or the full text of the program amendment is available for you to read at www.regulations.gov. Acting Director, Tulsa Field Office, Office of Surface Mining Reclamation and Enforcement, 1645 South 101st East Avenue, Suite 145, Tulsa, Oklahoma 74128–4629, Telephone: (918) 581– 6430. In addition, you may review a copy of the amendment during regular business hours at the following location: Oklahoma Department of Mines, 2915 N. Classen Blvd., Suite 213, Oklahoma City, Oklahoma 73106–5406, Telephone: (405) 427–3859. FOR FURTHER INFORMATION CONTACT: Paul Ehret, Acting Director, Tulsa Field Office. Telephone: (918) 581–6430. 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, ‘‘. . . 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 the Oklahoma program and program amendments at 30 CFR 936.10, 936.15, and 936.16. II. Description of the Proposed Amendment By letter dated June 19, 2013 (Administrative Record No. OK–1002), Oklahoma sent us an amendment to its program under SMCRA (30 U.S.C. 1201 et seq.). Oklahoma submitted the PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 proposed amendment in response to a September 30, 2009, letter (Administrative Record No. OK–999.01) that OSM sent to Oklahoma in accordance with 30 CFR 732.17(c), with additional changes submitted on its own initiative. Below is a summary of Oklahoma’s proposed changes. The full text of the program amendment is available for you to read at the locations listed above under ADDRESSES or at www.regulations.gov. Oklahoma proposes to make changes to Title 460. Department of Mines: Chapter 20, The Permanent Regulations Governing the Coal Reclamation Act of 1979, in the following subchapters. 1. Subchapter 3. Permanent Regulatory Program Oklahoma proposes to add new definitions at 460:20–3–5. for Applicant/Violator System (AVS); Control or controller; Own, owner, or ownership; Violation; Violation, failure or refusal; and Willful or willfully. Oklahoma proposes this change to closely follow the Federal regulation at 30 CFR 701.5. 2. Subchapter 15. Requirements for Permits and Permit Processing Oklahoma proposes to revoke sections 460:20–15–2. Definitions; 460:20–15–6. Review of permit applications; 460:20– 15–9. Improvidently issued permits: General procedures; 460:20–15–10. Improvidently issued permits: Rescission procedures; 460:20–15–13. Procedures for challenging ownership or control links shown in AVS; and 460:20–15–14. Standards for challenging ownership or control links and the status of violations. Oklahoma proposes to add new sections 460:20–15–6.1. Review of permit applications; 460:20–15–6.2. General provisions for review of permit application information and entry of information into AVS; 460:20–15–6.3. Review of applicant, operator, and ownership and control information; 460:20–15–6.4. Review of permit history; 460:20–15–6.5. Review of compliance history; 460:20–15–6.6. Permit eligibility determination; 460:20–15–6.7. Unanticipated events or conditions at remining sites; 460:20–15– 6.8. Eligibility for provisionally issued permits; 460:20–15–6.9. Written findings for permit application approval; 460:20–15–6.10. Performance bond submittal; 460:20–15–9.1. Initial review and finding requirements for improvidently issued permits; 460:20– 15–9.2. Notice requirements for improvidently issued permits; 460:20– 15–10.1. Suspension or rescission requirements for improvidently issued E:\FR\FM\06NOP1.SGM 06NOP1 Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Proposed Rules permits; 460:20–15–10.2. Who may challenge ownership or control listings and findings; 460:20–15–13.1. How to challenge an owner and controller listing or finding; 460:20–15–14.1. Burden of proof for ownership or control challenges; and 460:20–15–14.2. Written agency decision on challenges to ownership or control listings or findings. Oklahoma proposes these changes to closely follow the Federal regulations at 30 CFR 773.7–773.16 and 30 CFR 773.21—773.28. pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 3. Subchapter 17. Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights Oklahoma proposes to revoke section 460:20–17–1. Scope and purpose; and replace it with new section 460:20–17– 1.1. Scope and purpose. Oklahoma proposes this change to closely follow the Federal regulation at 30 CFR 774.1. Oklahoma proposes to add new sections 460:20–17–2.1. Post-permit issuance requirements for regulatory authorities and other actions based on ownership, control, and violation information; and 460:20–17–2.2. Postpermit issuance information requirements for permittees. Oklahoma proposes these changes to closely follow the Federal regulations at 30 CFR 774.11 and 774.12. Oklahoma proposes to add language in paragraph (a) of section 460:20–17–5. Transfer, assignment, or sale of permit rights. Oklahoma proposes this change to closely follow the Federal regulation at 30 CFR 774.17(a). 4. Subchapter 23. Permit Applications: Minimum Requirements for Legal, Financial, Compliance, and Related Information Oklahoma proposes to revoke sections 460:20–23–2. Identification of interests; and 460:20–23–3. Violation information. Oklahoma proposes to add new sections 460:20–23–2.1. Certifying and updating existing permit application information; 460:20–23–2.2. Providing applicant and operator information; 460:20–23–2.3. Providing permit history information; 460:20–23–2.4. Providing property interest information; 460:20– 23–3.1. Providing violation information; and 460:20–23–10. Facilities or structures used in common. Oklahoma proposes these changes to closely follow the Federal regulations at 30 CFR 778.9– 778.14 and 30 CFR 778.22. 5. Subchapter 43. Permanent Program Performance Standards: Surface Mining Standards Oklahoma proposes to revoke a portion of paragraph (b)(2) in section 460:20–43–12. Hydrologic balance: VerDate Mar<15>2010 15:07 Nov 05, 2013 Jkt 232001 66673 Siltation structures, which is identical to the Federal regulation at 30 CFR 816.46(b)(2), and replace it with new language regarding surface drainage control, siltation structures, and alternative techniques. period (see DATES) or sent to an address other than those listed (see ADDRESSES) will be included in the docket for this rulemaking and considered. 6. Subchapter 59. State Enforcement Oklahoma proposes to revoke the definition of Willful Violation from section 460:20–59–2. Definitions. Oklahoma proposes this change to closely follow the Federal regulation at 30 CFR 843.5. Oklahoma proposes to revise paragraph (f) and add new paragraph (g) in section 460:20–59–3. Cessation orders. Oklahoma proposes this change to closely follow paragraphs (f) and (g) of the Federal regulation at 30 CFR 843.11. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment including your personal identifying information, may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. 7. Subchapter 63. Individual Civil Penalties If you wish to speak at the public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., c.d.t. on November 21, 2013. If you are disabled and need reasonable accommodations to attend a public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT. We will arrange the location and time of the hearing with those persons requesting the hearing. If no one requests an opportunity to speak, we will not hold a hearing. To assist the transcriber and ensure an accurate record, we request, if possible, that each person who speaks at the public hearing provide us with a written copy of his or her comments. The public hearing will continue on the specified date until everyone scheduled to speak has been given an opportunity to be heard. If you are in the audience and have not been scheduled to speak and wish to do so, you will be allowed to speak after those who have been scheduled. We will end the hearing after everyone scheduled to speak and others present in the audience who wish to speak, have been heard. Oklahoma proposes to revoke section 460:20–63–2. Definitions. Oklahoma proposes this change to more closely follow the Federal regulation at 30 CFR Part 846 individual civil penalties. 8. Subchapter 64. Alternative Enforcement Oklahoma proposes to add new subchapter 64 and add new sections 460:20–64–1. Scope; 460:20–64–2. General provisions; 460:20–64–3. Criminal penalties; and 460:20–64–4. Civil actions for relief. Oklahoma proposes these changes to closely follow the Federal regulations at 30 CFR 847.1– 847.16. III. Public Comment Procedures Under the provisions of 30 CFR 732.17(h), we are seeking your comments on whether the amendment satisfies the applicable program approval criteria of 30 CFR 732.15. If we approve the amendment, it will become part of the State program. Electronic or Written Comments If you submit written comments, they should be specific, confined to issues pertinent to the proposed regulations, and explain the reason for any recommended change(s). We appreciate any and all comments, but those most useful and likely to influence decisions on the final regulations will be those that either involve personal experience or include citations to and analyses of SMCRA, its legislative history, its implementing regulations, case law, other pertinent State or Federal laws or regulations, technical literature, or other relevant publications. We cannot ensure that comments received after the close of the comment PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 Public Availability of Comments Public Hearing Public Meeting If only one person requests an opportunity to speak, we may hold a public meeting rather than a public hearing. If you wish to meet with us to discuss the amendment, please request a meeting by contacting the person listed under FOR FURTHER INFORMATION CONTACT. All such meetings are open to the public and, if possible, we will post notices of meetings at the locations listed under ADDRESSES. We will make a written summary of each meeting a part of the administrative record. E:\FR\FM\06NOP1.SGM 06NOP1 66674 Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Proposed Rules IV. Procedural Determinations Executive Order 12866—Regulatory Planning and Review This rulemaking is exempted from review by the Office of Management and Budget (OMB) under Executive Order 12866. Other Laws and Executive Orders Affecting Rulemaking When a State submits a program amendment to OSM for review, our regulations at 30 CFR 732.17(h) require us to publish a notice in the Federal Register indicating receipt of the proposed amendment, its text or a summary of its terms, and an opportunity for public comment. We conclude our review of the proposed amendment after the close of the public comment period and determine whether the amendment should be approved, approved in part, or not approved. At that time, we will also make the determinations and certifications required by the various laws and executive orders governing the rulemaking process and include them in the final rule. List of Subjects in 30 CFR Part 936 Intergovernmental relations, Surface mining, Underground mining. Dated: July 3, 2013. William L. Joseph, Acting Regional Director, Mid-Continent Region. [FR Doc. 2013–26587 Filed 11–5–13; 8:45 am] BILLING CODE 4310–05–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 98 [EPA–HQ–OAR–2010–0929; FRL–9902–64– OAR] RIN 2060–AQ81 Revisions to Reporting and Recordkeeping Requirements, and Proposed Confidentiality Determinations Under the Greenhouse Gas Reporting Program Environmental Protection Agency (EPA). ACTION: Proposed rule; extension of public comment period. pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 AGENCY: The EPA is announcing an extension of the public comment period for the proposed rule titled ‘‘Revisions to Reporting and Recordkeeping Requirements, and Proposed Confidentiality Determinations under the Greenhouse Gas Reporting Program.’’ SUMMARY: VerDate Mar<15>2010 15:07 Nov 05, 2013 Jkt 232001 The public comment period deadline for the proposed rule published on September 11, 2013 (78 FR 55994), has been extended from November 12, 2013 to November 26, 2013. Comments must be received on or before November 26, 2013. ADDRESSES: You may submit your comments, identified by Docket ID No. EPA–HQ–OAR–2010–0929 by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online instructions for submitting comments. • Email: GHGReportingCBI@epa.gov. • Fax: (202) 566–1741. • Mail: Environmental Protection Agency, EPA Docket Center (EPA/DC), Mailcode 6102T, Attention Docket ID No. EPA–HQ–OAR–2010–0929, 1200 Pennsylvania Avenue NW., Washington, DC 20460. • Hand Delivery: EPA Docket Center, Public Reading Room, William Jefferson Clinton Building West, Room 3334, 1301 Constitution Avenue NW., Washington, DC 20004. 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. EPA–HQ–OAR–2010– 0929. The 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 http:// www.regulations.gov or email. Send or deliver information identified as CBI to only the mail or hand/courier delivery address listed above, attention: Docket ID No. EPA–HQ–OAR–2010–0929. The http://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through http:// 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, the EPA recommends that you include your name and other contact information in DATES: PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 the body of your comment and with any disk or CD–ROM you submit. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the http:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in http:// www.regulations.gov or in hard copy at the Air Docket, EPA/DC, William Jefferson Clinton Building West, Room B102, 1301 Constitution Ave. NW., Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Air Docket is (202) 566–1742. FOR FURTHER INFORMATION CONTACT: Carole Cook, Climate Change Division, Office of Atmospheric Programs (MC– 6207J), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 343–9263; fax number: (202) 343–2342; email address: GHGreporting@epa.gov. For technical information, contact the Greenhouse Gas Reporting Rule Helpline at: http:// www.epa.gov/climatechange/emissions/ ghgrule_contactus.htm. Alternatively, contact Carole Cook at 202–343–9263. Worldwide Web (WWW). In addition to being available in the docket, an electronic copy of this proposal, memoranda to the docket, and all other related information will also be available through the WWW on the EPA’s greenhouse gas reporting rule Web site at http://www.epa.gov/ climatechange/emissions/ ghgrulemaking.html. SUPPLEMENTARY INFORMATION: Additional Information on Submitting Comments: To expedite review of your comments by Agency staff, you are encouraged to send a separate copy of your comments, in addition to the copy you submit to the official docket, to Carole Cook, Climate Change Division, Office of Atmospheric Programs (MC– 6207J), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., E:\FR\FM\06NOP1.SGM 06NOP1

Agencies

[Federal Register Volume 78, Number 215 (Wednesday, November 6, 2013)]
[Proposed Rules]
[Pages 66671-66674]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26587]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 936

[SATS No. OK-035-FOR; Docket ID: OSM-2013-0004; 
S1D1SSS08011000SX066A00067F134S180110; 
S2D2SSS08011000SX066A00033F13XS501520]


Oklahoma Regulatory Program

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendment.

-----------------------------------------------------------------------

SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are announcing receipt of a proposed amendment to the Oklahoma 
regulatory program (Oklahoma program) under the Surface Mining Control 
and Reclamation Act of 1977 (SMCRA or the Act). Oklahoma proposes 
revisions to its regulations regarding: Definitions; review of permit 
applications; general provisions for review of permit application 
information and entry of information into AVS; review of applicant, 
operator, and ownership and control information; review of permit 
history; review of compliance history; permit eligibility 
determination; unanticipated events or conditions at remining sites; 
eligibility for provisionally issued permits; written findings for 
permit application approval; performance bond submittal; initial review 
and finding requirements for improvidently issued permits; notice 
requirements for improvidently issued permits; suspension or rescission 
requirements for improvidently issued permits; who may challenge 
ownership or control listings and findings; how to challenge an owner 
and controller listing or finding; burden of proof for ownership or 
control challenges; written agency decision on challenges to

[[Page 66672]]

ownership or control listings or findings; post-permit issuance 
requirements for regulatory authorities and other actions based on 
ownership, control, and violation information; post-permit issuance 
information requirements for permittees; transfer, assignment, or sale 
of permit rights; certifying and updating existing permit application 
information; providing applicant and operator information; providing 
permit history information; providing property interest information; 
providing violation information; facilities or structures used in 
common; hydrologic balance--siltation structures; cessation orders; 
alternative enforcement--general provisions; criminal penalties; and 
civil actions for relief. Oklahoma intends to revise its program to be 
no less effective than the Federal regulations and to improve 
operational efficiency.
    This document gives the times and locations that the Oklahoma 
program and this proposed amendment to that program are available for 
your inspection, the comment period during which you may submit written 
comments on the amendment, and the procedures that we will follow for 
the public hearing, if one is requested.

DATES: We will accept written comments on this amendment until 4:00 
p.m., c.d.t., December 6, 2013. If requested, we will hold a public 
hearing on the amendment on December 2, 2013. We will accept requests 
to speak at a hearing until 4:00 p.m., c.d.t. on November 21, 2013.

ADDRESSES: You may submit comments, identified by SATS No. OK-035-FOR, 
by any of the following methods:
     Mail/Hand Delivery: Acting Director, Tulsa Field Office, 
Office of Surface Mining Reclamation and Enforcement, 1645 South 101st 
East Avenue, Suite 145, Tulsa, Oklahoma 74128-4629.
     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 or the 
full text of the program amendment is available for you to read at 
www.regulations.gov.
    Acting Director, Tulsa Field Office, Office of Surface Mining 
Reclamation and Enforcement, 1645 South 101st East Avenue, Suite 145, 
Tulsa, Oklahoma 74128-4629, Telephone: (918) 581-6430.
    In addition, you may review a copy of the amendment during regular 
business hours at the following location: Oklahoma Department of Mines, 
2915 N. Classen Blvd., Suite 213, Oklahoma City, Oklahoma 73106-5406, 
Telephone: (405) 427-3859.

FOR FURTHER INFORMATION CONTACT: Paul Ehret, Acting Director, Tulsa 
Field Office. Telephone: (918) 581-6430.

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, ``. . . 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 the 
Oklahoma program and program amendments at 30 CFR 936.10, 936.15, and 
936.16.

II. Description of the Proposed Amendment

    By letter dated June 19, 2013 (Administrative Record No. OK-1002), 
Oklahoma sent us an amendment to its program under SMCRA (30 U.S.C. 
1201 et seq.). Oklahoma submitted the proposed amendment in response to 
a September 30, 2009, letter (Administrative Record No. OK-999.01) that 
OSM sent to Oklahoma in accordance with 30 CFR 732.17(c), with 
additional changes submitted on its own initiative. Below is a summary 
of Oklahoma's proposed changes. The full text of the program amendment 
is available for you to read at the locations listed above under 
ADDRESSES or at www.regulations.gov.
    Oklahoma proposes to make changes to Title 460. Department of 
Mines: Chapter 20, The Permanent Regulations Governing the Coal 
Reclamation Act of 1979, in the following subchapters.

1. Subchapter 3. Permanent Regulatory Program

    Oklahoma proposes to add new definitions at 460:20-3-5. for 
Applicant/Violator System (AVS); Control or controller; Own, owner, or 
ownership; Violation; Violation, failure or refusal; and Willful or 
willfully. Oklahoma proposes this change to closely follow the Federal 
regulation at 30 CFR 701.5.

2. Subchapter 15. Requirements for Permits and Permit Processing

    Oklahoma proposes to revoke sections 460:20-15-2. Definitions; 
460:20-15-6. Review of permit applications; 460:20-15-9. Improvidently 
issued permits: General procedures; 460:20-15-10. Improvidently issued 
permits: Rescission procedures; 460:20-15-13. Procedures for 
challenging ownership or control links shown in AVS; and 460:20-15-14. 
Standards for challenging ownership or control links and the status of 
violations.
    Oklahoma proposes to add new sections 460:20-15-6.1. Review of 
permit applications; 460:20-15-6.2. General provisions for review of 
permit application information and entry of information into AVS; 
460:20-15-6.3. Review of applicant, operator, and ownership and control 
information; 460:20-15-6.4. Review of permit history; 460:20-15-6.5. 
Review of compliance history; 460:20-15-6.6. Permit eligibility 
determination; 460:20-15-6.7. Unanticipated events or conditions at 
remining sites; 460:20-15-6.8. Eligibility for provisionally issued 
permits; 460:20-15-6.9. Written findings for permit application 
approval; 460:20-15-6.10. Performance bond submittal; 460:20-15-9.1. 
Initial review and finding requirements for improvidently issued 
permits; 460:20-15-9.2. Notice requirements for improvidently issued 
permits; 460:20-15-10.1. Suspension or rescission requirements for 
improvidently issued

[[Page 66673]]

permits; 460:20-15-10.2. Who may challenge ownership or control 
listings and findings; 460:20-15-13.1. How to challenge an owner and 
controller listing or finding; 460:20-15-14.1. Burden of proof for 
ownership or control challenges; and 460:20-15-14.2. Written agency 
decision on challenges to ownership or control listings or findings. 
Oklahoma proposes these changes to closely follow the Federal 
regulations at 30 CFR 773.7-773.16 and 30 CFR 773.21--773.28.

3. Subchapter 17. Revision; Renewal; and Transfer, Assignment, or Sale 
of Permit Rights

    Oklahoma proposes to revoke section 460:20-17-1. Scope and purpose; 
and replace it with new section 460:20-17-1.1. Scope and purpose. 
Oklahoma proposes this change to closely follow the Federal regulation 
at 30 CFR 774.1.
    Oklahoma proposes to add new sections 460:20-17-2.1. Post-permit 
issuance requirements for regulatory authorities and other actions 
based on ownership, control, and violation information; and 460:20-17-
2.2. Post-permit issuance information requirements for permittees. 
Oklahoma proposes these changes to closely follow the Federal 
regulations at 30 CFR 774.11 and 774.12.
    Oklahoma proposes to add language in paragraph (a) of section 
460:20-17-5. Transfer, assignment, or sale of permit rights. Oklahoma 
proposes this change to closely follow the Federal regulation at 30 CFR 
774.17(a).

4. Subchapter 23. Permit Applications: Minimum Requirements for Legal, 
Financial, Compliance, and Related Information

    Oklahoma proposes to revoke sections 460:20-23-2. Identification of 
interests; and 460:20-23-3. Violation information.
    Oklahoma proposes to add new sections 460:20-23-2.1. Certifying and 
updating existing permit application information; 460:20-23-2.2. 
Providing applicant and operator information; 460:20-23-2.3. Providing 
permit history information; 460:20-23-2.4. Providing property interest 
information; 460:20-23-3.1. Providing violation information; and 
460:20-23-10. Facilities or structures used in common. Oklahoma 
proposes these changes to closely follow the Federal regulations at 30 
CFR 778.9-778.14 and 30 CFR 778.22.

5. Subchapter 43. Permanent Program Performance Standards: Surface 
Mining Standards

    Oklahoma proposes to revoke a portion of paragraph (b)(2) in 
section 460:20-43-12. Hydrologic balance: Siltation structures, which 
is identical to the Federal regulation at 30 CFR 816.46(b)(2), and 
replace it with new language regarding surface drainage control, 
siltation structures, and alternative techniques.

6. Subchapter 59. State Enforcement

    Oklahoma proposes to revoke the definition of Willful Violation 
from section 460:20-59-2. Definitions. Oklahoma proposes this change to 
closely follow the Federal regulation at 30 CFR 843.5.
    Oklahoma proposes to revise paragraph (f) and add new paragraph (g) 
in section 460:20-59-3. Cessation orders. Oklahoma proposes this change 
to closely follow paragraphs (f) and (g) of the Federal regulation at 
30 CFR 843.11.

7. Subchapter 63. Individual Civil Penalties

    Oklahoma proposes to revoke section 460:20-63-2. Definitions. 
Oklahoma proposes this change to more closely follow the Federal 
regulation at 30 CFR Part 846 individual civil penalties.

8. Subchapter 64. Alternative Enforcement

    Oklahoma proposes to add new subchapter 64 and add new sections 
460:20-64-1. Scope; 460:20-64-2. General provisions; 460:20-64-3. 
Criminal penalties; and 460:20-64-4. Civil actions for relief. Oklahoma 
proposes these changes to closely follow the Federal regulations at 30 
CFR 847.1-847.16.

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking your 
comments on whether the amendment satisfies the applicable program 
approval criteria of 30 CFR 732.15. If we approve the amendment, it 
will become part of the State program.

Electronic or Written Comments

    If you submit written comments, they should be specific, confined 
to issues pertinent to the proposed regulations, and explain the reason 
for any recommended change(s). We appreciate any and all comments, but 
those most useful and likely to influence decisions on the final 
regulations will be those that either involve personal experience or 
include citations to and analyses of SMCRA, its legislative history, 
its implementing regulations, case law, other pertinent State or 
Federal laws or regulations, technical literature, or other relevant 
publications.
    We cannot ensure that comments received after the close of the 
comment period (see DATES) or sent to an address other than those 
listed (see ADDRESSES) will be included in the docket for this 
rulemaking and considered.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment including your personal identifying 
information, may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., c.d.t. on 
November 21, 2013. If you are disabled and need reasonable 
accommodations to attend a public hearing, contact the person listed 
under FOR FURTHER INFORMATION CONTACT. We will arrange the location and 
time of the hearing with those persons requesting the hearing. If no 
one requests an opportunity to speak, we will not hold a hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at the public hearing 
provide us with a written copy of his or her comments. The public 
hearing will continue on the specified date until everyone scheduled to 
speak has been given an opportunity to be heard. If you are in the 
audience and have not been scheduled to speak and wish to do so, you 
will be allowed to speak after those who have been scheduled. We will 
end the hearing after everyone scheduled to speak and others present in 
the audience who wish to speak, have been heard.

Public Meeting

    If only one person requests an opportunity to speak, we may hold a 
public meeting rather than a public hearing. If you wish to meet with 
us to discuss the amendment, please request a meeting by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings 
are open to the public and, if possible, we will post notices of 
meetings at the locations listed under ADDRESSES. We will make a 
written summary of each meeting a part of the administrative record.

[[Page 66674]]

IV. Procedural Determinations

Executive Order 12866--Regulatory Planning and Review

    This rulemaking is exempted from review by the Office of Management 
and Budget (OMB) under Executive Order 12866.

Other Laws and Executive Orders Affecting Rulemaking

    When a State submits a program amendment to OSM for review, our 
regulations at 30 CFR 732.17(h) require us to publish a notice in the 
Federal Register indicating receipt of the proposed amendment, its text 
or a summary of its terms, and an opportunity for public comment. We 
conclude our review of the proposed amendment after the close of the 
public comment period and determine whether the amendment should be 
approved, approved in part, or not approved. At that time, we will also 
make the determinations and certifications required by the various laws 
and executive orders governing the rulemaking process and include them 
in the final rule.

List of Subjects in 30 CFR Part 936

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: July 3, 2013.
William L. Joseph,
Acting Regional Director, Mid-Continent Region.
[FR Doc. 2013-26587 Filed 11-5-13; 8:45 am]
BILLING CODE 4310-05-P