Surface coal mining and reclamation operations: Mining operations ownership and control; definitions, application and permit information requirements, permit eligibility, etc.,

[Federal Register: February 23, 1999 (Volume 64, Number 35)]

[Proposed Rules]

[Page 8763-8764]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr23fe99-23]

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Parts 701, 724, 773, 774, 778, 842, 843, and 846

RIN 1029-AB94

Application and Permit Information Requirements; Permit Eligibility; Definitions of Ownership and Control; the Applicant/ Violator System; Alternative Enforcement Actions

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Proposed rule; reopening and extension of comment period.

SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) is reopening and extending the comment period for the proposed rule published on December 21, 1998 (63 FR 70580). The comment period closed on February 19, 1999, and is being reopened and extended for 30 days.

DATES: We will accept written comments on the proposed rule until 5 p.m., Eastern time, on March 25, 1999.

ADDRESSES: You may mail or hand-deliver comments to the Office of Surface Mining Reclamation and Enforcement, Administrative Record, Room 101, 1951 Constitution Avenue, NW, Washington, DC 20240. You may also submit comments to OSM via the Internet at: osmrules@osmre.gov.

FOR FURTHER INFORMATION CONTACT: Earl D. Bandy, Jr., Office of Surface Mining Reclamation and Enforcement, Applicant/Violator System Office, 2679 Regency Road, Lexington, Kentucky 40503. Telephone: (606) 233-2796 or (800) 643-9748. E-Mail: ebandy@osmre.gov.

SUPPLEMENTARY INFORMATION: In response to requests from members of the public, we are reopening and extending the public comment period for the proposed rule published on December 21, 1998 (63 FR 70580). The comment period closed on February 19, 1999, and is being reopened and extended for 30 days. In the rule, we are proposing revised permit eligibility requirements for surface coal mining operations under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). In particular, we propose to revise how ownership and control of mining operations is determined under section 510(c) of SMCRA so that applicants who are responsible for unabated violations do not receive new permits. We have designed this proposal to be effective, fair, and consistent with

[[Page 8764]]

a 1997 decision by the U.S. Court of Appeals for the DC Circuit addressing ownership and control issues.

In addition, we are proposing other changes to other aspects of our regulations in response to comments we received when we sought public participation in developing this proposed rule. Our intent is to improve, clarify, and simplify current regulations as well as to reduce duplicative and burdensome permit information requirements.

Dated: February 18, 1999. Mary Josie Blanchard, Assistant Director, Program Support.

[FR Doc. 99-4430Filed2-22-99; 8:45 am]

BILLING CODE 4310-05-M