[Federal Register Volume 65, Number 198 (Thursday, October 12, 2000)]
[Proposed Rules]
[Page 60602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26100]


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DEPARTMENT OF THE INTERIOR

Office of Hearings and Appeals

43 CFR Part 4

RIN 1090-AA74


Special Rules Applicable to Surface Coal Mining Hearings and 
Appeals; Petitions for Award of Costs and Expenses Under Section 525(e) 
of the SMCRA

AGENCY: Office of Hearings and Appeals, Interior.

ACTION: Proposed rule; extension of comment period.

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SUMMARY: This action extends the comment period an additional 30 days 
on the Department of the Interior's Office of Hearings and Appeals' 
proposal to amend its rules governing who may receive an award of costs 
and expenses, including attorney fees, under section 525(e) of the 
Surface Mining Control and Reclamation Act of 1977 (SMCRA). The 
proposed amendment provides that an applicant for a permit may only 
receive an award from the Office of Surface Mining Reclamation and 
Enforcement (OSM), if OSM denies an application in bad faith and for 
the purpose of harassing or embarrassing the applicant.

EFFECTIVE DATE: Comments are due to the agency by November 13, 2000.

ADDRESSES: Send written comments to Robert L. Baum, Director, Office of 
Hearings and Appeals, 4015 Wilson Boulevard, Room 1111, Arlington, VA 
22203. Phone: 703-235-3750. Comments received will be made available 
for public inspection and copying during regular business hours (9 a.m. 
to 5 p.m.) In the Office of Hearings and Appeals, Director's office, 
11th floor, 4015 Wilson Boulevard, Arlington, VA 22203. Person wishing 
to inspect comments are requested to call in advance at 703-235-3810 to 
make an appointment.

FOR FURTHER INFORMATION CONTACT: Will A. Irwin, Administrative Judge, 
Interior Board of Land Appeals, U.S. Department of the Interior, 4015 
Wilson Boulevard, Arlington, VA 22203. Phone: 703-235-3750.

SUPPLEMENTARY INFORMATION: On July 28, 2000, the Office of Hearings and 
Appeals (OHA) published a proposed rule (65 FR 46389) amending 43 CFR 
4.1294(b) and (c) to provide than an applicant for a permit from OSM is 
entitled to an award of costs and expenses from OSM only when 
circumstances demonstrate that OSM denied an application in bad faith 
and for the purpose of harassing or embarrassing the applicant. In a 
letter to the Director of OHA, dated August 15, 2000, the National 
Mining Association (NMA) requested a 45 day extension of the comment 
period for this proposed amendment because the existing comment period 
did not allow adequate opportunity to comment fully. The NMA also 
requested records related to the proposed amendment under the Freedom 
of Information Act. The FOIA response letter was issued on September 
12, 2000.
    The Director of OHA has determined that an extension of time to 
obtain the comments on the proposed rule is warranted and, therefore, a 
30 day extension is granted. This notice announces that 30 day 
extension of the comment period.

    Dated: October 4, 2000.
John Berry,
Assistant Secretary for Policy, Management and Budget.
[FR Doc. 00-26100 Filed 10-11-00; 8:45 am]
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