Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Proposed Rules 60481 

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 rule, 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 915 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: September 8, 2005. 

Charles E. Sandberg, 

Regional Director, Mid-Continent Region. 

[FR Doc. 05–20787 Filed 10–17–05; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 936 

[Docket No. OK–030–FOR] 

Oklahoma Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Proposed rule; public comment 

period and opportunity for public 

hearing on proposed amendment. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSM), are announcing receipt of a 

proposed amendment to the Oklahoma 

regulatory program (Oklahoma program) 

under the Surface Mining Control and 

Reclamation Act of 1977 (SMCRA or the 

Act). Oklahoma proposes revisions to 

rules concerning cross sections, maps, 

and plans; subsidence control; 

impoundments; revegetation success 

standards; roads; and review of decision 

not to inspect or enforce. Oklahoma 

intends to revise its program to provide 

additional safeguards, clarify 

ambiguities, and improve operational 

efficiency. This document gives the 

times and locations that the Oklahoma 

program and 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 

p.m., c.d.t. November 17, 2005. If 

requested, we will hold a public hearing 

on the amendment on November 14, 

2005. We will accept requests to speak 

at a hearing until 4 p.m., c.d.t. on 

November 2, 2005. 

ADDRESSES: You may submit comments, 

identified by Docket No. OK–030–FOR, 

by any of the following methods: 

• E-mail: mwolfrom@osmre.gov. 

Include ‘‘Docket No. OK–030–FOR’’ in 

the subject line of the message. 

• Mail/Hand Delivery: Michael C. 

Wolfrom, Director, Tulsa Field Office, 

Office of Surface Mining Reclamation 

and Enforcement, 5100 East Skelly 

Drive, Suite 470, Tulsa, Oklahoma 

74135–6547. 

• Fax: (918) 581–6419. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Comment Procedures’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: For access to the docket to 

review copies of the Oklahoma program, 

this amendment, a listing of any 

scheduled public hearings, and all 

written comments received in response 

to this document, you must go to the 

address listed below during normal 

business hours, Monday through Friday, 

excluding holidays. You may receive 

one free copy of the amendment by 

contacting OSM’s Tulsa Field Office. 

Michael C. Wolfrom, Director, Tulsa 

Field Office, Office of Surface Mining 

Reclamation and Enforcement, 5100 

East Skelly Drive, Suite 470, Tulsa, 

Oklahoma 74135–6547, Telephone: 

(918) 581–6430, E-mail: 

mwolfrom@osmre.gov. 

In addition, you may review a copy of 

the amendment during regular business 

hours at the following location: 

Oklahoma Department of Mines, 4040 

N. Lincoln Blvd., Suite 107, Oklahoma 

City, Oklahoma 73105, Telephone: (405) 

427–3859. 

FOR FURTHER INFORMATION CONTACT: 

Michael C. Wolfrom, Director, Tulsa 

Field Office. Telephone: (918) 581–

6430. E-mail: mwolfrom@osmre.gov. 

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 July 15, 2005 

(Administrative Record No. OK–946.02), 

Oklahoma sent us an amendment to its 

program under SMCRA (30 U.S.C. 1201 

et seq.). Oklahoma sent the amendment 

to include the changes made at its own 

initiative. Below is a summary of the 

changes proposed by Oklahoma. Any 

revisions that we do not specifically 

discuss below concern nonsubstantive 

wording or editorial changes or 

corrections of cross-references. The full 

text of the program amendment is 

available for you to read at the locations 

listed above under ADDRESSES. 

A. 460:20–25–11, and 460:20–29–11. 

Cross Sections, Maps, and Plans 

Oklahoma proposed to delete 

subsections (a)(11) that require permit 

applicants to include on cross sections, 

maps, and plans, sufficient slope 

measurements to adequately represent 

the existing land surface configuration 

of the proposed permit area. 

B. 460:20–31–13. Subsidence Control 

Plan 

Oklahoma proposed to revise 

subsection (a)(3) so that, for areas where 

unplanned subsidence is projected to be 

used, an underground mining permit 

application does not have to include a 

pre-subsidence survey of: (1) the 

condition of all non-commercial 

buildings or occupied residential 

dwellings and related structures thereto, 

or (2) the quantity and quality of all 

drinking, domestic, and residential 

water supplies within the permit and 

adjacent areas. 

60482 Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Proposed Rules 

C. 460:20–43–14. Impoundments 

Oklahoma proposed to add new 

subsection (a)(14) to read as follows: 

(14) The embankment slopes of each 

impoundment shall not be closer than 100 

feet to any public road right-of-way unless 

otherwise approved under procedures 

established in 460:20–7–4(4) and 460:20–7–

5(d). The area between the road right-of-way 

and the impoundment slopes, clear zone 

slopes, shall not be steeper than a 1V:6H 

grade. 

D. 460:20–43–46. and 460:20–45–46. 

Revegetation: Standards for Success 

Oklahoma proposed to revise 

subsection (b)(3) pertaining to the 

minimum revegetation success 

standards for areas developed for fish 

and wildlife habitat, recreation, shelter 

belts, or forest products. 

1. Oklahoma proposed to revise 

paragraph (b)(3)(A), regarding fish and 

wildlife habitat, by requiring the 

Oklahoma Department of Mines to 

specify the minimum stocking and 

planting arrangements for fish and 

wildlife habitat after consulting with the 

State agencies responsible for the 

administration of forestry and wildlife 

programs. 

2. Oklahoma proposed to add new 

sub-paragraphs (b)(3)(A)(i) and (ii), 

regarding fish and wildlife habitat 

plans, that set forth the minimum: (1) 

stocking rate and types of trees or 

shrubs if trees or shrubs are to be 

planted, and (2) seeding rate and types 

of grasses or forbs if grasses or forbs are 

to be planted. 

3. Oklahoma proposed to add new 

sub-paragraph (b)(3)(A)(iii) requiring the 

applicant to submit an alternative 

wildlife habitat plan to the Department 

for review if he or she chooses not to 

follow the requirements of proposed 

new sub-paragraphs (b)(3)(A)(i) and (ii) 

regarding fish and wildlife habitat 

plans. In addition, the applicant must 

submit, along with the alternative plan, 

written approval of the alternative 

planting rates and species from the State 

agency responsible for the management 

of fish and wildlife. 

4. Oklahoma proposed to add new 

paragraph (b)(3)(D) that requires 

comments regarding minimum 

revegetation success standards for areas 

developed for fish and wildlife habitat, 

recreation, shelter belts, or forest 

products from State agencies 

responsible for the management of fish 

and wildlife. 

E. 460:20–43–52. Roads: General 

Oklahoma proposed to add new 

subsection (d)(3) that requires 

compliance with 460:20–43–14(a)(1) 

when a public road is relocated. 

F. 460:20–45–47. Subsidence Control 

Oklahoma proposed to delete, in its 

entirety, subsection (b)(4) pertaining to 

a rebuttable presumption of causation 

by subsidence. 

G. 460:20–57–6. Review of Decision Not 

to Inspect or Enforce 

1. Oklahoma proposed to revise 

subsection (a) to read as follows: 

(a) Any person who is or may be adversely 

affected by a coal exploration or surface coal 

mining and reclamation operation may 

request the Department to review informally 

an authorized representative’s decision not to 

inspect or take appropriate enforcement 

action with respect to any violation alleged 

by that person in request for a State 

inspection under Section 460:20–57–3. The 

request for review shall follow the 

procedures set forth in this Section. 

2. Oklahoma proposed to revise 

subsection (b) by deleting the current 

language and replacing it with language 

that specifies the procedures for 

requesting and conducting an informal 

conference. 

3. Oklahoma proposed to add new 

subsection (c) that specifies a reasonable 

time frame for holding the informal 

conference, where the conference is to 

be held, and notifications that must be 

made regarding the conference. 

4. Oklahoma proposed to add new 

subsection (d) that specifies when an 

informal conference may be canceled. 

5. Oklahoma proposed to redesignate 

existing subsections (c) and (d) as new 

subsections (e) and (f). 

6. Oklahoma proposed to revise 

redesignated subsection (f) to read as 

follows: 

(f) Any determination made under (b) of 

this Section shall constitute a decision of the 

Department within the meaning of the 

Department’s Rules of Practice and Procedure 

and shall contain a right of an appeal to 

formal administrative review in accordance 

with the Rules of Practice and Procedure. 

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. 

Written Comments 

Send your written or electronic 

comments to us at the address given 

above. Your written comments should 

be specific, pertain only to the issues 

proposed in this rulemaking, and 

include explanations in support of your 

recommendations. We will not consider 

or respond to your comments when 

developing the final rule if they are 

received after the close of the comment 

period (see DATES). We will make every 

attempt to log all comments into the 

administrative record, but comments 

delivered to an address other than the 

Tulsa Field Office may not be logged in. 

Electronic Comments 

Please submit Internet comments as 

an ASCII or Word file avoiding the use 

of special characters and any form of 

encryption. Please also include ‘‘Attn: 

Docket No. OK–030–FOR’’ and your 

name and return address in your 

Internet message. If you do not receive 

a confirmation that we have received 

your Internet message, contact the Tulsa 

Field Office at (918) 581–6430. 

Availability of Comments 

We will make comments, including 

names and addresses of respondents, 

available for public review during 

normal business hours. We will not 

consider anonymous comments. If 

individual respondents request 

confidentiality, we will honor their 

request to the extent allowable by law. 

Individual respondents who wish to 

withhold their name or address from 

public review, except for the city or 

town, must state this prominently at the 

beginning of their comments. We will 

make all submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public review in their entirety. 

Public Hearing 

If you wish to speak at the public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT by 4 

p.m., c.d.t. on November 2, 2005. If you 

are disabled and need special 

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 

Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Proposed Rules 60483 

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. 

IV. Procedural Determinations 

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 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 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 this rule meets the 

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 

because 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 

the Federal regulations at 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. 

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 

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 rule on Federallyrecognized Indian tribes and have 

determined that the rule 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. 

This determination is based on the fact 

that the Oklahoma program does not 

regulate coal exploration and surface 

coal mining and reclamation operations 

on Indian lands. Therefore, the 

Oklahoma program has no effect on 

Federally-recognized Indian tribes. 

Executive Order 13211—Regulations 

That Significantly Affect The Supply, 

Distribution, or Use of Energy 

On May 18, 2001, the President issued 

Executive Order 13211 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 rule 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 rule 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 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 

certifies 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. 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; 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 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 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 rule, 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. 

Dated: September 2, 2005. 

Charles E. Sandberg, 

Regional Director, Mid-Continent Region. 

[FR Doc. 05–20786 Filed 10–17–05; 8:45 am] 

BILLING CODE 4310–05–P