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

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: [email protected].

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: [email protected].

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. 99-4430 Filed 2-22-99; 8:45 am]

BILLING CODE 4310-05-M