Oklahoma Regulatory Program, 58559-58562 [2017-26843]
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Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Rules and Regulations
competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
enterprises to compete with foreign
based enterprises in domestic and
export markets.’’ However, pursuant to
the CRA, the DEA has submitted a copy
of this order to both Houses of Congress
and to the Comptroller General.
List of Subjects in 21 CFR Part 1308
Administrative practice and
procedure, Drug traffic control,
Reporting and recordkeeping
requirements.
For the reasons set out above, 21 CFR
part 1308 is amended as follows:
PART 1308—SCHEDULES OF
CONTROLLED SUBSTANCES
1. The authority citation for part 1308
continues to read as follows:
■
DATES:
Authority: 21 U.S.C. 811, 812, 871(b),
956(b), unless otherwise noted.
Bill
Joseph, Director, Tulsa Field Office,
Office of Surface Mining Reclamation
and Enforcement, 1645 South 101st East
Avenue, Suite 145, Tulsa, Oklahoma
74128–4629. Telephone: 918–581–6431
ext. 230. Email: bjoseph@osmre.gov.
FOR FURTHER INFORMATION CONTACT:
2. Amend § 1308.11 by:
a. Redesignating paragraphs (b)(40)
through (57) as (b)(41) through (58);
■ b. Adding new paragraph (b)(40).
The addition reads as follows:
Schedule I.
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(b) * * *
(40) MT–45 (1-cyclohexyl-4-(1,2diphenylethyl)piperazine) . . . (9560)
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SUPPLEMENTARY INFORMATION:
I. Background on the Oklahoma Program
II. Submission of the Amendment
III. OSMRE’s Findings
IV. Summary and Disposition of Comments
V. OSMRE’s Decision
VI. Procedural Determinations
Dated: December 5, 2017.
Robert W. Patterson,
Acting Administrator.
I. Background on the Oklahoma
Program
[FR Doc. 2017–26853 Filed 12–12–17; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 936
[SATS No. OK–037–FOR; Docket ID: OSM–
2015–0006; S1D1S SS08011000 SX064A000
189S180110; S2D2S SS08011000
SX064A000 18XS501520]
Oklahoma Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of
amendment.
sradovich on DSK3GMQ082PROD with RULES
AGENCY:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSMRE), are approving an amendment
to the Oklahoma regulatory program
(Oklahoma program) under the Surface
Mining Control and Reclamation Act of
SUMMARY:
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The effective date is January 12,
2018.
■
■
§ 1308.11
1977 (SMCRA or the Act). Oklahoma
proposed revisions to its regulations
regarding: Permit eligibility for permits
with violations on lands eligible for
remining; permit suspension or
rescission posting locations and appeal
procedures; requiring GPS coordinates
for aspects of permit maps; topsoil
removal distances; blasting records
requirements; annual reporting
requirements; temporary cessation of
operations requirements; casing and
sealing temporary underground
openings; right of entry requirements;
surface drainage associated with auger
mining; correcting reference errors;
updating addresses; and correcting
spelling and grammatical errors.
Oklahoma intended to revise its
program to be no less effective than the
Federal regulations and to improve
operational efficiency.
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 laws
and regulations that govern surface coal
mining and reclamation operations in
accordance with the Act and consistent
with the Federal regulations. 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.
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58559
II. Submission of the Amendment
By letter dated September 25, 2015
(Administrative Record No. OK–1003),
Oklahoma sent us an amendment to its
program under SMCRA (30 U.S.C. 1201
et seq.). Oklahoma submitted the
proposed amendment on its own
initiative.
We announced receipt of the
proposed amendment in the February 8,
2016, Federal Register (81 FR 6477). In
the same document, we opened the
public comment period and provided an
opportunity for a public hearing or
meeting on the adequacy of the
amendment. We did not hold a public
hearing or meeting because no one
requested one. The public comment
period ended on March 9, 2016. We did
not receive any comments.
III. OSMRE’s Findings
We are approving the amendment as
described below. The following are the
findings we made concerning
Oklahoma’s amendment under SMCRA
and the Federal regulations at 30 CFR
732.15 and 732.17. Any revisions that
we do not specifically discuss below
concerning non-substantive wording or
editorial changes can be found in the
full text of the program amendment
available at www.regulations.gov.
1. Subchapter 15. Requirements for
Permits and Permit Processing
Oklahoma removed paragraphs
460:20–15–6.7(a)(2)(A) and (B)
regarding permit eligibility and
unabated violations at remining sites
issued before September 30, 2004, and
added language to paragraph (a)(2) to
substantively match the Federal
requirements of 30 CFR 773.13(a)(2).
Oklahoma modified section 460:20–
15–10.1(c) regarding the suspension and
rescission appeal process so that it
substantively matches the counterpart
Federal regulations at 30 CFR 773.23(c).
Additionally, Oklahoma modified
460:20–15–10.1(d) and added paragraph
(e) to substantively match the
requirements of 30 CFR 773.23 (d).
We find that Oklahoma’s changes to
this subchapter substantively match the
counterpart Federal requirements and
do not make its rules or regulations less
effective than the Federal requirements.
Therefore, we are approving Oklahoma’s
revisions.
2. Subchapter 29. Underground Mining
Permit Applications: Minimum
Requirements for Information on
Environmental Resources
Oklahoma added the requirement for
GPS coordinates for each building on
permit application maps in section
460:20–29–10(4). Although there is no
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direct counterpart Federal regulation
requiring this, the addition does not
make Oklahoma’s regulations less
effective than the Federal requirements
for general map requirements at 30 CFR
783.24.
Oklahoma added the permitting
requirement to list the depth to mined
coal in section 460:20–29–11(a)(5).
Although there is no direct counterpart
Federal regulation requiring this, the
addition does not make Oklahoma’s
regulations less effective than the
Federal requirements for map cross
sections, maps, and plans at 30 CFR
783.25.
We find that Oklahoma’s changes to
this subchapter, although not
specifically required by the counterpart
Federal regulations, do not make its
regulations less effective than the
Federal requirements. Therefore, we are
approving Oklahoma’s revisions.
3. Subchapter 43. Permanent Program
Performance Standards: Surface Mining
Standards
Oklahoma added paragraph 460:20–
43–7(a)(1) requiring that topsoil be
removed a minimum of 60 feet or one
pit width, whichever is less, in advance
of the active pit. Although there is no
specific requirement in the counterpart
Federal regulations at 30 CFR 816.22,
this addition does not make Oklahoma’s
regulations less effective than the
Federal requirements.
Oklahoma added new language to
section 460:20–43–23 regarding blasting
records. Oklahoma added the
requirement that operators maintain the
names of blasting crew members,
expiration date of blaster’s certification,
a digital video of each blast, and drill
logs. Although there is no specific
requirement regarding this in the
counterpart Federal regulations at 30
CFR 816.68, these additions do not
make Oklahoma’s regulations less
effective than the Federal requirements.
Oklahoma added new language
regarding annual reporting requirements
for contemporaneous reclamation in
section 460:20–43–37(2). Although there
is no specific requirement regarding this
in the counterpart Federal regulations,
these additions do not make Oklahoma’s
regulations less effective than the
Federal requirements.
Oklahoma added new language
regarding qualification standards for
temporary cessation of operations in
section 460:20–43–49(a) and (c). For a
site to qualify for temporary cessation,
Oklahoma will now require that
minable coal be available under a valid
lease and it must be located within or
adjacent to the current permit area.
Additionally, other requirements have
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been added if temporary cessation
exceeds twelve months. Although there
are no specific requirements regarding
this in the counterpart Federal
regulations at 30 CFR 816.131, these
additions do not make Oklahoma’s
regulations less effective than the
Federal requirements.
We find that Oklahoma’s changes to
this subchapter, although not
specifically required, do not make its
rules or regulations less effective than
the Federal requirements. Therefore, we
are approving Oklahoma’s revisions.
4. Subchapter 45. Permanent Program
Performance Standards: Underground
Mining Activities
Oklahoma added paragraph 460:20–
45–5(c) regarding casing and sealing
underground openings during
temporary cessation of operations. The
language added is similar to that
contained in the counterpart Federal
regulation at 817.15. This addition does
not make Oklahoma’s regulations less
effective than the Federal requirements.
Oklahoma added language regarding
right of entry information in section
460:20–45–17(b). The new language
requires proof that the applicant has
legal rights to enter and begin
underground coal mining and
reclamation operations. Although there
is no specific counterpart Federal
requirement for underground mining
permit applications, the language added
is similar to the requirements for surface
mining permit applications found in 30
CFR 778.15. This addition does not
make Oklahoma’s regulations less
effective than the Federal requirements.
We find that Oklahoma’s changes do
not make its rules or regulations less
effective than the Federal requirements.
Therefore, we are approving Oklahoma’s
revision.
5. Subchapter 47. Special Permanent
Program Performance Standards: Auger
Mining
Oklahoma added new paragraph
460:20–47–4(d) requiring surface
drainage to be directed away from
highwalls during augering operations.
There is no direct Federal counterpart to
this requirement within 30 CFR 819.
This addition does not make
Oklahoma’s regulations less effective
than the Federal requirements.
We find that Oklahoma’s changes do
not make its rules or regulations less
effective than the Federal requirements.
Therefore, we are approving Oklahoma’s
revision.
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IV. Summary and Disposition of
Comments
Public Comments
We asked for public comments on the
amendment but did not receive any.
Federal Agency Comments
On October 15, 2015, under 30 CFR
732.17(h)(11)(i) and section 503(b) of
SMCRA, we requested comments on the
amendment from various Federal
agencies with an actual or potential
interest in the Oklahoma program
(Administrative Record No. OK–
1003.01). We did not receive any
comments.
Environmental Protection Agency (EPA)
Concurrence and Comments
Under 30 CFR 732.17(h)(11)(ii), we
are required to get a written concurrence
from EPA for those provisions of the
program amendment that relate to air or
water quality standards issued under
the authority of the Clean Water Act (33
U.S.C. 1251 et seq.) or the Clean Air Act
(42 U.S.C. 7401 et seq.). None of the
revisions that Oklahoma proposed to
make in this amendment pertain to air
or water quality standards. Therefore,
we did not ask EPA to concur on the
amendment. However, on October 15,
2015, under 30 CFR 732.17(h)(11)(i), we
requested comments from the EPA on
the amendment (Administrative Record
No. OK–1003.01). The EPA did not
respond to our request.
State Historical Preservation Officer
(SHPO) and the Advisory Council on
Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are
required to request comments from the
SHPO and ACHP on amendments that
may have an effect on historic
properties. On October 15, 2015, we
requested comments on the amendment
(Administrative Record No. OK–
1003.01). We did not receive any
comments.
V. OSMRE’s Decision
Based on the above findings, we
approve the amendment Oklahoma sent
us on September 25, 2015
(Administrative Record No. OK–1003).
To implement this decision, we are
amending the Federal regulations, at 30
CFR part 936, that codify decisions
concerning the Oklahoma program. In
accordance with the Administrative
Procedure Act, this rule will take effect
30 days after the date of publication.
Section 503(a) of SMCRA requires that
the State’s program demonstrate that the
State has the capability of carrying out
the provisions of the Act and meeting its
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purposes. SMCRA requires consistency
of State and Federal standards.
VI. Procedural Determinations
Executive Order 12630—Takings
This rulemaking 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
Pursuant to Office of Management and
Budget (OMB) Guidance dated October
12, 1993, the approval of state program
amendments is exempted from OMB
review under Executive Order 12866.
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Executive Order 12988—Civil Justice
Reform
The Department of the Interior has
reviewed this rule as required by section
3(a) of Executive Order 12988. The
Department determined that this
Federal Register notice meets the
criteria of Section 3 of Executive Order
12988, which is intended to ensure that
the agency review its legislation and
proposed regulations to eliminate
drafting errors and ambiguity; that the
agency write its legislation and
regulations to minimize litigation; and
that the agency’s legislation and
regulations provide a clear legal
standard for affected conduct rather
than a general standard, and promote
simplification and burden reduction.
Because section 3 focuses on the quality
of Federal legislation and regulations,
the Department limited its review under
this Executive Order to the quality of
this Federal Register notice and to
changes to the Federal regulations. The
review under this Executive Order did
not extend to the language of the State
regulatory program or to the program
amendment that the State of Oklahoma
drafted.
Executive Order 13132—Federalism
This rule is not a ‘‘[p]olicy that [has]
Federalism implications’’ as defined by
section 1(a) of Executive Order 13132
because it does not have ‘‘substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’ Instead, this rule
approves an amendment to the
Oklahoma program submitted and
drafted by that State. OSMRE reviewed
the submission with fundamental
federalism principles in mind as set
forth in sections 2 and 3 of the
Executive Order and with the principles
of cooperative federalism set forth in
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SMCRA. See, e.g., 30 U.S.C. 1201(f). As
such, pursuant to section 503(a)(1) and
(7) (30 U.S.C. 1253(a)(1) and (7)),
OSMRE reviewed the program
amendment to ensure that it is ‘‘in
accordance with’’ the requirements of
SMCRA and ‘‘consistent with’’ the
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 rulemaking on Federallyrecognized Indian tribes and have
determined that the rulemaking 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. The basis
for this determination is that our
decision is on a State regulatory
program and does not involve Federal
regulations involving Indian lands.
58561
Regulatory Flexibility Act
The Department of the Interior
certifies that this rulemaking 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 rulemaking,
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 rulemaking 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
Executive Order 13211 of May 18,
2001, 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 rulemaking is
exempt from review under Executive
Order 12866 and is not expected to have
a significant adverse effect on the
supply, distribution, or use of energy, a
Statement of Energy Effects is not
required.
This rulemaking is not a major
rulemaking under 5 U.S.C. 804(2), the
Small Business Regulatory Enforcement
Fairness Act. This rulemaking: (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 rulemaking, 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.
National Environmental Policy Act
Unfunded Mandates
This rulemaking 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)).
This rulemaking 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 rulemaking, 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.
Executive Order 13211—Regulations
That Significantly Affect the Supply,
Distribution, or Use of Energy
Paperwork Reduction Act
This rulemaking does not contain
information collection requirements that
require approval by OMB under the
Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
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List of Subjects in 30 CFR Part 936
Intergovernmental relations, Surface
mining, Underground mining.
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58562
Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Rules and Regulations
Dated: September 12, 2017.
Alfred L. Clayborne,
Regional Director, Mid-Continent Region.
PART 936—OKLAHOMA
1. The authority citation for part 936
continues to read as follows:
■
For the reasons set out in the
preamble, 30 CFR part 936 is amended
as set forth below:
Authority: 30 U.S.C. 1201 et seq.
2. Section 936.15 is amended in the
table by adding a new entry in
■
chronological order by ‘‘Date of final
publication’’ to read as follows:
§ 936.15 Approval of Oklahoma regulatory
program amendments.
*
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*
*
Original amendment
submission date
Date of final publication
Citation/description
*
September 25, 2015 ......
*
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December 13, 2017 .......
*
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*
*
OAC 460:20–15–6.7(a)(2)(A) and (B), 10.1(c), (d), and (e); 20–29–10(4) and 11(a)(5); 20–
43–7(a)(1), 23, 37(2), 49(a), and (c); 20–45–5(c) and 17(b); and 20–47–4(d).
at https://www.esd.whs.mil/Portals/54/
Documents/DD/issuances/dodi/
133601p.pdf. DoD Instruction 1336.01
will be the authorizing document for the
DD Form 214/5 Series.
Repealing this part will reduce
unnecessary Federal regulation and
associated administrative costs. Because
the rule focuses on internal DoD
management and personnel matters,
however, its repeal will not result in a
cost savings for the public.
[FR Doc. 2017–26843 Filed 12–12–17; 8:45 a.m.]
BILLING CODE 4310–05–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 45
[Docket ID: DOD–2017–OS–0044]
RIN 0790–AJ88
List of Subjects in 32 CFR Part 45
Certificate of Release or Discharge
From Active Duty (DD Form 214/5
Series)
Armed forces reserves.
PART 45—[REMOVED]
Office of the Under Secretary of
Defense for Personnel and Readiness,
Department of Defense.
ACTION: Final rule.
AGENCY:
This final rule removes the
DoD’s regulation concerning the
certificate of release or discharge from
active duty (Department of Defense
Form (DD Form) 214/5 Series). DoD has
determined that the rule has no impact
on the general public; rather, the rule
focuses on internal DoD management
and personnel matters. Therefore, this
part is unnecessary and can be removed
from the CFR.
DATES: This rule is effective on
December 13, 2017.
FOR FURTHER INFORMATION CONTACT: Kent
Bauer, 703–693–4204.
SUPPLEMENTARY INFORMATION: It has been
determined that publication of this CFR
part removal rule for public comment is
unnecessary because it removes DoD
internal policies and procedures that are
publicly available on the Department’s
issuance website.
DoD internal guidance concerning the
Certificate of Release or Discharge from
Active Duty (DD Form 214/5 Series) will
continue to be published in DoD
Instruction 1336.01 and made available
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SUMMARY:
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15:49 Dec 12, 2017
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Accordingly, by the authority of 5
U.S.C. 301, 32 CFR part 45 is removed.
■
Dated: December 8, 2017.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2017–26886 Filed 12–12–17; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–1075]
Drawbridge Operation Regulation;
Carquinez Strait, at Martinez, CA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the BeniciaMartinez Union Pacific Railroad
Drawbridge across the Carquinez Strait,
mile 7.0, at Martinez, CA. The deviation
is necessary to allow the bridge owner
SUMMARY:
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to replace drawspan operational
components. This deviation allows the
bridge to remain in the closed-tonavigation position during the deviation
period.
DATES: This deviation is effective from
8 a.m. on December 20, 2017, to 4 p.m.
on January 10, 2018.
ADDRESSES: The docket for this
deviation, USCG–2017–1075, is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Carl T. Hausner,
Chief, Bridge Section, Eleventh Coast
Guard District; telephone 510–437–
3516; email Carl.T.Hausner@uscg.mil.
SUPPLEMENTARY INFORMATION: Union
Pacific Railroad has requested a
temporary change to the operation of the
Benicia-Martinez Railroad Drawbridge
across the Carquinez Strait, mile 7.0, at
Martinez, CA. The drawbridge
navigation span provides a vertical
clearance of 70 feet above Mean High
Water in the closed-to-navigation
position. The draw operates as required
by 33 CFR 117.5. Navigation on the
waterway is commercial and
recreational.
The drawspan will be secured in the
closed-to-navigation position from 8
a.m. to 4 p.m., December 20, 2017
through December 21, 2017, December
27, 2017 through December 28, 2017,
December 30, 2017, January 3, 2018
through January 5, 2018, and January 8,
2018 through January 10, 2018 to allow
the bridge owner to replace the down
haul wire ropes of the drawspan. This
temporary deviation has been
coordinated with the waterway users.
No objections to the proposed
temporary deviation were raised.
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]]>Agencies
[Federal Register Volume 82, Number 238 (Wednesday, December 13, 2017)]
[Rules and Regulations]
[Pages 58559-58562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26843]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 936
[SATS No. OK-037-FOR; Docket ID: OSM-2015-0006; S1D1S SS08011000
SX064A000 189S180110; S2D2S SS08011000 SX064A000 18XS501520]
Oklahoma Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are approving an amendment to the Oklahoma regulatory program
(Oklahoma program) under the Surface Mining Control and Reclamation Act
of 1977 (SMCRA or the Act). Oklahoma proposed revisions to its
regulations regarding: Permit eligibility for permits with violations
on lands eligible for remining; permit suspension or rescission posting
locations and appeal procedures; requiring GPS coordinates for aspects
of permit maps; topsoil removal distances; blasting records
requirements; annual reporting requirements; temporary cessation of
operations requirements; casing and sealing temporary underground
openings; right of entry requirements; surface drainage associated with
auger mining; correcting reference errors; updating addresses; and
correcting spelling and grammatical errors. Oklahoma intended to revise
its program to be no less effective than the Federal regulations and to
improve operational efficiency.
DATES: The effective date is January 12, 2018.
FOR FURTHER INFORMATION CONTACT: Bill Joseph, Director, Tulsa Field
Office, Office of Surface Mining Reclamation and Enforcement, 1645
South 101st East Avenue, Suite 145, Tulsa, Oklahoma 74128-4629.
Telephone: 918-581-6431 ext. 230. Email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Oklahoma Program
II. Submission of the Amendment
III. OSMRE's Findings
IV. Summary and Disposition of Comments
V. OSMRE's Decision
VI. 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 laws and regulations
that govern surface coal mining and reclamation operations in
accordance with the Act and consistent with the Federal regulations.
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. Submission of the Amendment
By letter dated September 25, 2015 (Administrative Record No. OK-
1003), Oklahoma sent us an amendment to its program under SMCRA (30
U.S.C. 1201 et seq.). Oklahoma submitted the proposed amendment on its
own initiative.
We announced receipt of the proposed amendment in the February 8,
2016, Federal Register (81 FR 6477). In the same document, we opened
the public comment period and provided an opportunity for a public
hearing or meeting on the adequacy of the amendment. We did not hold a
public hearing or meeting because no one requested one. The public
comment period ended on March 9, 2016. We did not receive any comments.
III. OSMRE's Findings
We are approving the amendment as described below. The following
are the findings we made concerning Oklahoma's amendment under SMCRA
and the Federal regulations at 30 CFR 732.15 and 732.17. Any revisions
that we do not specifically discuss below concerning non-substantive
wording or editorial changes can be found in the full text of the
program amendment available at www.regulations.gov.
1. Subchapter 15. Requirements for Permits and Permit Processing
Oklahoma removed paragraphs 460:20-15-6.7(a)(2)(A) and (B)
regarding permit eligibility and unabated violations at remining sites
issued before September 30, 2004, and added language to paragraph
(a)(2) to substantively match the Federal requirements of 30 CFR
773.13(a)(2).
Oklahoma modified section 460:20-15-10.1(c) regarding the
suspension and rescission appeal process so that it substantively
matches the counterpart Federal regulations at 30 CFR 773.23(c).
Additionally, Oklahoma modified 460:20-15-10.1(d) and added paragraph
(e) to substantively match the requirements of 30 CFR 773.23 (d).
We find that Oklahoma's changes to this subchapter substantively
match the counterpart Federal requirements and do not make its rules or
regulations less effective than the Federal requirements. Therefore, we
are approving Oklahoma's revisions.
2. Subchapter 29. Underground Mining Permit Applications: Minimum
Requirements for Information on Environmental Resources
Oklahoma added the requirement for GPS coordinates for each
building on permit application maps in section 460:20-29-10(4).
Although there is no
[[Page 58560]]
direct counterpart Federal regulation requiring this, the addition does
not make Oklahoma's regulations less effective than the Federal
requirements for general map requirements at 30 CFR 783.24.
Oklahoma added the permitting requirement to list the depth to
mined coal in section 460:20-29-11(a)(5). Although there is no direct
counterpart Federal regulation requiring this, the addition does not
make Oklahoma's regulations less effective than the Federal
requirements for map cross sections, maps, and plans at 30 CFR 783.25.
We find that Oklahoma's changes to this subchapter, although not
specifically required by the counterpart Federal regulations, do not
make its regulations less effective than the Federal requirements.
Therefore, we are approving Oklahoma's revisions.
3. Subchapter 43. Permanent Program Performance Standards: Surface
Mining Standards
Oklahoma added paragraph 460:20-43-7(a)(1) requiring that topsoil
be removed a minimum of 60 feet or one pit width, whichever is less, in
advance of the active pit. Although there is no specific requirement in
the counterpart Federal regulations at 30 CFR 816.22, this addition
does not make Oklahoma's regulations less effective than the Federal
requirements.
Oklahoma added new language to section 460:20-43-23 regarding
blasting records. Oklahoma added the requirement that operators
maintain the names of blasting crew members, expiration date of
blaster's certification, a digital video of each blast, and drill logs.
Although there is no specific requirement regarding this in the
counterpart Federal regulations at 30 CFR 816.68, these additions do
not make Oklahoma's regulations less effective than the Federal
requirements.
Oklahoma added new language regarding annual reporting requirements
for contemporaneous reclamation in section 460:20-43-37(2). Although
there is no specific requirement regarding this in the counterpart
Federal regulations, these additions do not make Oklahoma's regulations
less effective than the Federal requirements.
Oklahoma added new language regarding qualification standards for
temporary cessation of operations in section 460:20-43-49(a) and (c).
For a site to qualify for temporary cessation, Oklahoma will now
require that minable coal be available under a valid lease and it must
be located within or adjacent to the current permit area. Additionally,
other requirements have been added if temporary cessation exceeds
twelve months. Although there are no specific requirements regarding
this in the counterpart Federal regulations at 30 CFR 816.131, these
additions do not make Oklahoma's regulations less effective than the
Federal requirements.
We find that Oklahoma's changes to this subchapter, although not
specifically required, do not make its rules or regulations less
effective than the Federal requirements. Therefore, we are approving
Oklahoma's revisions.
4. Subchapter 45. Permanent Program Performance Standards: Underground
Mining Activities
Oklahoma added paragraph 460:20-45-5(c) regarding casing and
sealing underground openings during temporary cessation of operations.
The language added is similar to that contained in the counterpart
Federal regulation at 817.15. This addition does not make Oklahoma's
regulations less effective than the Federal requirements.
Oklahoma added language regarding right of entry information in
section 460:20-45-17(b). The new language requires proof that the
applicant has legal rights to enter and begin underground coal mining
and reclamation operations. Although there is no specific counterpart
Federal requirement for underground mining permit applications, the
language added is similar to the requirements for surface mining permit
applications found in 30 CFR 778.15. This addition does not make
Oklahoma's regulations less effective than the Federal requirements.
We find that Oklahoma's changes do not make its rules or
regulations less effective than the Federal requirements. Therefore, we
are approving Oklahoma's revision.
5. Subchapter 47. Special Permanent Program Performance Standards:
Auger Mining
Oklahoma added new paragraph 460:20-47-4(d) requiring surface
drainage to be directed away from highwalls during augering operations.
There is no direct Federal counterpart to this requirement within 30
CFR 819. This addition does not make Oklahoma's regulations less
effective than the Federal requirements.
We find that Oklahoma's changes do not make its rules or
regulations less effective than the Federal requirements. Therefore, we
are approving Oklahoma's revision.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment but did not receive
any.
Federal Agency Comments
On October 15, 2015, under 30 CFR 732.17(h)(11)(i) and section
503(b) of SMCRA, we requested comments on the amendment from various
Federal agencies with an actual or potential interest in the Oklahoma
program (Administrative Record No. OK-1003.01). We did not receive any
comments.
Environmental Protection Agency (EPA) Concurrence and Comments
Under 30 CFR 732.17(h)(11)(ii), we are required to get a written
concurrence from EPA for those provisions of the program amendment that
relate to air or water quality standards issued under the authority of
the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean Air Act (42
U.S.C. 7401 et seq.). None of the revisions that Oklahoma proposed to
make in this amendment pertain to air or water quality standards.
Therefore, we did not ask EPA to concur on the amendment. However, on
October 15, 2015, under 30 CFR 732.17(h)(11)(i), we requested comments
from the EPA on the amendment (Administrative Record No. OK-1003.01).
The EPA did not respond to our request.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are required to request comments from
the SHPO and ACHP on amendments that may have an effect on historic
properties. On October 15, 2015, we requested comments on the amendment
(Administrative Record No. OK-1003.01). We did not receive any
comments.
V. OSMRE's Decision
Based on the above findings, we approve the amendment Oklahoma sent
us on September 25, 2015 (Administrative Record No. OK-1003).
To implement this decision, we are amending the Federal
regulations, at 30 CFR part 936, that codify decisions concerning the
Oklahoma program. In accordance with the Administrative Procedure Act,
this rule will take effect 30 days after the date of publication.
Section 503(a) of SMCRA requires that the State's program demonstrate
that the State has the capability of carrying out the provisions of the
Act and meeting its
[[Page 58561]]
purposes. SMCRA requires consistency of State and Federal standards.
VI. Procedural Determinations
Executive Order 12630--Takings
This rulemaking 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
Pursuant to Office of Management and Budget (OMB) Guidance dated
October 12, 1993, the approval of state program amendments is exempted
from OMB review under Executive Order 12866.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has reviewed this rule as required
by section 3(a) of Executive Order 12988. The Department determined
that this Federal Register notice meets the criteria of Section 3 of
Executive Order 12988, which is intended to ensure that the agency
review its legislation and proposed regulations to eliminate drafting
errors and ambiguity; that the agency write its legislation and
regulations to minimize litigation; and that the agency's legislation
and regulations provide a clear legal standard for affected conduct
rather than a general standard, and promote simplification and burden
reduction. Because section 3 focuses on the quality of Federal
legislation and regulations, the Department limited its review under
this Executive Order to the quality of this Federal Register notice and
to changes to the Federal regulations. The review under this Executive
Order did not extend to the language of the State regulatory program or
to the program amendment that the State of Oklahoma drafted.
Executive Order 13132--Federalism
This rule is not a ``[p]olicy that [has] Federalism implications''
as defined by section 1(a) of Executive Order 13132 because it does not
have ``substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.''
Instead, this rule approves an amendment to the Oklahoma program
submitted and drafted by that State. OSMRE reviewed the submission with
fundamental federalism principles in mind as set forth in sections 2
and 3 of the Executive Order and with the principles of cooperative
federalism set forth in SMCRA. See, e.g., 30 U.S.C. 1201(f). As such,
pursuant to section 503(a)(1) and (7) (30 U.S.C. 1253(a)(1) and (7)),
OSMRE reviewed the program amendment to ensure that it is ``in
accordance with'' the requirements of SMCRA and ``consistent with'' the
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 rulemaking on Federally-recognized Indian
tribes and have determined that the rulemaking 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. The basis for this determination is that
our decision is on a State regulatory program and does not involve
Federal regulations involving Indian lands.
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
Executive Order 13211 of May 18, 2001, 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 rulemaking is exempt from review under Executive
Order 12866 and is not expected to have a significant adverse effect on
the supply, distribution, or use of energy, a Statement of Energy
Effects is not required.
National Environmental Policy Act
This rulemaking 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 rulemaking 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 rulemaking 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 rulemaking, 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 rulemaking
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 rulemaking is not a major rulemaking under 5 U.S.C. 804(2),
the Small Business Regulatory Enforcement Fairness Act. This
rulemaking: (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 rulemaking, 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 rulemaking 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 rulemaking, 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.
[[Page 58562]]
Dated: September 12, 2017.
Alfred L. Clayborne,
Regional Director, Mid-Continent Region.
For the reasons set out in the preamble, 30 CFR part 936 is amended
as set forth below:
PART 936--OKLAHOMA
0
1. The authority citation for part 936 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
2. Section 936.15 is amended in the table by adding a new entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 936.15 Approval of Oklahoma regulatory program amendments.
* * * * *
----------------------------------------------------------------------------------------------------------------
Original amendment submission date Date of final publication Citation/description
----------------------------------------------------------------------------------------------------------------
* * * * * * *
September 25, 2015...................... December 13, 2017...................... OAC 460:20-15-6.7(a)(2)(A)
and (B), 10.1(c), (d), and
(e); 20-29-10(4) and
11(a)(5); 20-43-7(a)(1), 23,
37(2), 49(a), and (c); 20-45-
5(c) and 17(b); and 20-47-
4(d).
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[FR Doc. 2017-26843 Filed 12-12-17; 8:45 a.m.]
BILLING CODE 4310-05-P
