Oklahoma Regulatory Program, 66671-66674 [2013-26587]
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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 https://
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 https://
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 https://
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
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ADDRESSES:
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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 https://
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
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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:
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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: 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
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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
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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
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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.
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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:
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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
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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.
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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.
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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:
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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: https://
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
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 https://
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
https://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 https://
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:
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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 https://
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 https://
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: https://
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 https://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]
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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.
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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: 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 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
