34094 Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Rules and Regulations

Regulatory Enforcement Fairness Act.

This rule:

a. Does not have an annual effect on

the economy of $100 million. b. Will not cause a major increase in

costs or prices for consumers,

individual industries, federal, state, or

local government agencies, or

geographic regions. c. Does not have significant adverse

effects on competition, employment,

investment, productivity, innovation, or

the ability of U.S. based enterprises to

compete with foreign-based enterprises. This determination is based upon the

fact that the State submittal which is the

subject of this rule is based upon

counterpart Federal regulations for

which an analysis was prepared and a

determination made that the Federal

regulation was not considered a major

rule.

Unfunded Mandates

This rule will not impose a cost of

$100 million or more in any given year

on any governmental entity or the

private sector.

List of Subjects in 30 CFR Part 914

Intergovernmental relations, Surface

mining, Underground mining.

Dated: May 12, 2000.

Charles E. Sandberg,

Acting Regional Director, Mid-Continent

Regional Coordinating Center.

For the reasons set out in the

preamble, 30 CFR Part 914 is amended

as set forth below:

PART 914—INDIANA

1. The authority citation for Part 914

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 914.15 is amended in the

table by adding a new entry in

chronological order by ‘‘Date of final

publication’’ to read as follows:

§ 914.15 Approval of Indiana regulatory

program amendments.

* * * * *

Original amendment submission date Date of final publication Citation/description

*******

February 25, 2000 ............................................ May 26, 2000 .................................................... IC 14–34–6–15(b) and (c).

[FR Doc. 00–13246 Filed 5–25–00; 8:45 am]

BILLING CODE 4310–05–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 936

[SPATS No. OK–027–FOR]

Oklahoma Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: OSM is approving an

amendment to the Oklahoma regulatory

program (Oklahoma program) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA).

Oklahoma proposed revisions and

additions to its regulations concerning

restrictions on the financial interests of

State employees. Specifically, the

amendment concerns the authority of

the Director of the Department of Mines,

where to file statements of financial

interests, what to report on such

statements, and resolving prohibited

interests. Oklahoma intends to clarify

the responsibilities of the Director of the

Oklahoma Department of Mines,

advisory board members, commissions,

and employees regarding restriction on

the financial interests of State

employees.

EFFECTIVE DATE: May 26, 2000.

FOR FURTHER INFORMATION CONTACT:

Michael C. Wolfrom, Director, Tulsa

Field Office, Office of Surface Mining,

5100 East Skelly Drive, Suite 470, Tulsa,

Oklahoma 74135–6548. Telephone:

(918) 581–6430. Internet:

mwolfrom@tokgw.osmre.gov.

SUPPLEMENTARY INFORMATION:

I. Background on the Oklahoma Program

II. Submission of the Amendment

III. Director’s Findings

IV. Summary and Disposition of Comments

V. Director’s Decision

VI. Procedural Determinations

I. Background on the Oklahoma

Program

On January 19, 1981, the Secretary of

the Interior conditionally approved the

Oklahoma program. You can find

background information on the

Oklahoma program, including the

Secretary’s findings, the disposition of

comments, and the conditions of

approval in the January 19, 1981,

Federal Register (46 FR 4902). You can

find later actions concerning the

Oklahoma program at 30 CFR 936.15

and 936.16.

II. Submission of the Proposed

Amendment

By letter dated January 13, 2000

(Administrative Record No. OK–985.01),

Oklahoma sent us an amendment to its

approved regulatory program under the

Federal regulations at 732.17(b).

Oklahoma sent the amendment in

response to our letter dated December 6,

1999 (Administrative Record No. OK–

985), that we sent to Oklahoma

concerning regulation changes in its

program that we did not approve.

Oklahoma proposed to amend the

Oklahoma Administrative Code (OAC).

We announced receipt of the

amendment in the March 31, 2000,

Federal Register (65 FR 17213). 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. The public comment

period closed on May 1, 2000. Because

no one requested a public hearing or

meeting, we did not hold one.

III. Director’s Findings

Following, under SMCRA and the

Federal regulations at 30 CFR 732.15

and 732.17, are our findings concerning

the amendment to the Oklahoma

permanent regulatory program.

Any revisions that we do not discuss

below are about misspelled words,

minor wording changes, or revised

cross-references and paragraph

notations to reflect organizational

changes resulting from this amendment.

A. OAC 460:20–5–3. Authority

Oklahoma proposed to add a new

paragraph (4) to read as follows:

File all statements and supplements

received pursuant to 45 O.S. Supp. 1980,

Section 765, from members of advisory

boards and the Oklahoma Mining

Commission with the Oklahoma Governor’s

Office, Director of Appointments.

This paragraph authorizes the

Director of the Oklahoma Department of

Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Rules and Regulations 34095

Mines to file with the Oklahoma

Governor’s Office, Director of

Appointments all statements and

supplements received according to 45

O.S. Supp. 1980, Section 765 from

members of advisory boards and the

Oklahoma Mining Commission. We are

approving this addition because the

federal regulations at 30 CFR 705.3(b)

allow the state regulatory authority to

expand the provisions of 30 CFR Part

705—Restrictions on Financial Interests

of State Employees, in order to meet the

particular needs within the State and

because the addition is not inconsistent

with the federal regulations. However,

in a letter dated March 29, 2000

(Administrative Record No. OK–985.05),

we notified Oklahoma that the reference

to Section 765 should be Section 767.

We advised the state to make this

reference correction in a future

rulemaking.

B. OAC 460:20–5–9. Where To File

Previously, the Director of the

Oklahoma Department of Mines was to

file his or her statement with the

Director of OSM. Also, all other

employees and members of advisory

boards and commissions representing

multiple interests, as provided in

Section 460:20–5–7, were to file their

statements with the Director of the

Oklahoma Department of Mines or such

other official as may be designated by

state law or regulation. The Director of

the Oklahoma Department of Mines will

continue to file his or her statement

with the Director of OSM. Oklahoma

proposed to have members of advisory

boards and commissions representing

multiple interests, as provided in

Section 460:20–5–7, file their statements

with the Governor’s Office, Director of

Appointments, or such other official as

may be designated by state law or

regulation. The state also proposed to

have all other employees file their

statement with the Director of the

Oklahoma Department of Mines

according to the requirements of 45 O.S.

Supp. 786 and 460:20–5. We are

approving these changes because they

meet the requirements of 30 CFR 705.15

which states that all employees (except

the head of the state regulatory

authority) and members of advisory

boards and commissions representing

multiple interests must file their

statements with the head of the state

regulatory authority or such other

official as may be designated by state

law or regulation. However, in a letter

dated March 29, 2000 (Administrative

Record No. OK–985.05), we notified

Oklahoma that the reference to Section

786 should be Section 767. We advised

the state to make this reference

correction in a future rulemaking.

C. OAC 460:20–5–10. What To Report

Oklahoma proposed to revise

paragraph (c)(3) to read as follows:

(3) The exceptions shown in the employee

certification of the form must provide enough

information for the Director of the

Department or the Governor’s Office, Director

of Appointments, for Commission members,

to determine the existence of a direct or

indirect financial interest. Accordingly, the

exceptions should:

Oklahoma proposed to clarify that the

Director of the Oklahoma Department of

Mines is responsible for determining the

existence of a direct or indirect financial

interest for employees and that the

Governor’s Office, Director of

Appointments, is responsible for

making the same type of determination

for Commission members. We are

approving this amendment because it is

consistent with 30 CFR 705.17(c)(3).

IV. Summary and Disposition of

Comments

Federal Agency Comments

On March 22, 2000, under section

503(b) of SMCRA and 30 CFR

732.17(h)(11)(i) of the Federal

regulations, we requested comments

from various Federal agencies with an

actual or potential interest in the

Oklahoma amendment (Administrative

Record No. OK–985.04). The U.S. Army

Corps of Engineers responded on April

17, 2000 (Administrative Record No.

OK–985.08), that it found the proposed

amendment to be satisfactory.

Environmental Protection Agency (EPA)

Under 30 CFR 732.17(h)(11)(ii), we

are required to get a written agreement

from the EPA for those provisions of the

proposed program amendment that

relate to air or water quality standards

promulgated 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 the EPA to agree on the amendment.

Under 30 CFR 732.17(h)(11)(i), we

requested comments on the amendment

from the EPA on March 22, 2000

(Administrative Record No. OK–985.02).

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 March 22, 2000, we

requested comments on Oklahoma’s

amendment (Administrative Record No.

OK–985.03), but neither responded to

our request.

Public Comments

We requested public comments on the

amendment, but did not receive any.

V. Director’s Decision

Based on the above findings, we

approve the amendment as sent to us by

Oklahoma on January 13, 2000. To

implement this decision, we are

amending the Federal regulations at 30

CFR Part 936, which codify decisions

concerning the Oklahoma program. We

are making this final rule effective

immediately to expedite the State

program amendment process and to

encourage Oklahoma to bring its

program into conformity with the

Federal standards. SMCRA requires

consistency of State and Federal

standards.

VI. Procedural Determinations

Executive Order 12866—Regulatory

Planning and Review

This rule is exempted from review by

the Office of Management and Budget

(OMB) under Executive Order 12866.

Executive Order 12630—Takings

This rule does not have takings

implications. This determination is

based on the analysis performed for the

counterpart federal regulation.

Executive Order 13132—Federalism

This rule does not have federalism

implications. SMCRA delineates the

roles of the federal and state

governments with regard to the

regulation of surface coal mining and

reclamation operations. One of the

purposes of SMCRA is to ‘‘establish a

nationwide program to protect society

and the environment from the adverse

effects of surface coal mining

operations.’’ Section 503(a)(1) of

SMCRA requires that state laws

regulating surface coal mining and

reclamation operations be ‘‘in

accordance with’’ the requirements of

SMCRA, and section 503(a)(7) requires

that state programs contain rules and

regulations ‘‘consistent with’’

regulations issued by the Secretary

under SMCRA.

Executive Order 12988—Civil Justice

Reform

The Department of the Interior has

conducted the reviews required by

section 3 of Executive Order 12988 and

has determined that, to the extent

allowed by law, this rule meets the

34096 Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Rules and Regulations

applicable standards of subsections (a)

and (b) of that section. However, these

standards are not applicable to the

actual language of state regulatory

programs and program amendments

since each program is drafted and

promulgated by a specific state, not by

OSM. Under sections 503 and 505 of

SMCRA (30 U.S.C. 1253 and 1255) and

30 CFR 730.11, 732.15, and

732.17(h)(10), decisions on proposed

state regulatory programs and program

amendments submitted by the states

must be based solely on a determination

of whether the submittal is consistent

with SMCRA and its implementing

federal regulations and whether the

other requirements of 30 CFR Parts 730,

731, and 732 have been met.

National Environmental Policy Act

Section 702(d) of SMCRA (30 U.S.C.

1292(d)) provides a decision on a

proposed state regulatory program

provision does not constitute major

federal action within the meaning of

section 102(2)(C) of the National

Environmental Policy Act (42 U.S.C.

4332(2)(C)). A determination has been

made that such decisions are

categorically excluded from the NEPA

process (516 DM 8.4.A).

Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by OMB under the

Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

Regulatory Flexibility Act

The Department of the Interior has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). The state submittal

which is the subject of this rule is based

upon counterpart federal regulations for

which an economic analysis was

prepared and certification made that

such regulations would not have a

significant economic effect upon a

substantial number of small entities.

Therefore, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented by the state. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions for the

counterpart federal regulations.

Small Business Regulatory Enforcement

Fairness Act

This rule is not a major rule under 5

U.S.C. 804(2), the Small Business

Regulatory Enforcement Fairness Act.

This rule:

a. Does not have an annual effect on

the economy of $100 million.

b. Will not cause a major increase in

costs or prices for consumers,

individual industries, federal, state, or

local government agencies, or

geographic regions.

c. Does not have significant adverse

effects on competition, employment,

investment, productivity, innovation, or

the ability of U.S. based enterprises to

compete with foreign-based enterprises.

This determination is based upon the

fact that the state submittal which is the

subject of this rule is based upon

counterpart federal regulations for

which an analysis was prepared and a

determination made that the federal

regulation was not considered a major

rule.

Unfunded Mandates

This rule will not impose a cost of

$100 million or more in any given year

on any governmental entity or the

private sector.

List of Subjects in 30 CFR Part 936

Intergovernmental relations, Surface

mining, Underground mining.

Dated: May 11, 2000.

Richard J. Seibel,

Acting Regional Director, Mid-Continent

Regional Coordinating Center.

For the reasons set out in the

preamble, 30 CFR Part 936 is amended

as set forth below:

PART 936—OKLAHOMA

1. The authority citation for Part 936

continues to read as follows:

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.

* * * * *

Original amendment submission date Date of final publication Citation/description

*******

January 13, 2000 .............................................. May 26, 2000 .................................................... OAC 460:20–5–3(4); 20–5–9(a)–(c); 20–5–

10(c)(3); 20–5–12(b)(1).

[FR Doc. 00–13247 Filed 5–25–00; 8:45 am]

BILLING CODE 4310–05–P

POSTAL SERVICE

39 CFR Part 20

Priority Mail Global Guaranteed

AGENCY: Postal Service.

ACTION: Amendment to interim rule.

SUMMARY: The Postal Service is

amending the interim rule on Priority

Mail Global Guaranteed service to

extend service to most countries in the

world and to create rate groups for these

countries to reflect the cost associated

with providing this service.

EFFECTIVE DATE: May 28, 2000.

Comments on the amendment to the

interim rule must be received on or

before June 26, 2000.

ADDRESSES: Written comments should

be mailed or delivered to the Manager,

Business Results, International

Business, U.S. Postal Service, 475

L’Enfant Plaza SW, Room 370–IBU,

Washington, DC 20260–6500. Copies of

all written comments will be available

for public inspection between 9 a.m.

and 4 p.m., Monday through Friday, in

International Business, 10th Floor, 901

D Street SW, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Walter J. Grandjean, (202) 314–7256.

SUPPLEMENTARY INFORMATION: On April

19, 1999, the Postal Service announced

in the Federal Register (62 FR 19039–

19042) the introduction of Priority Mail

Global Guaranteed on an interim basis.

The U.S. Postal Service, through an

alliance with DHL Worldwide Express

Inc., is offering an enhanced expedited

service, Priority Mail Global

Guaranteed, from selected locations in

the United States to selected countries.

This service offers day-certain delivery

with postage refund guarantee and

document reconstruction coverage of

$100 for allowable contents.