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.

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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

originally closed on February 19, 1999, and was extended to March 25,

1999 (64 FR 8763; February 23, 1999). We are again reopening and

extending the comment period for an additional 15 days.

DATES: We will accept written comments on the proposed rule until 5

p.m., Eastern time, on April 15, 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, D.C. 20240. You may also

submit comments to OSM via the Internet at: [email protected], 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: [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). We are

extending the comment period an additional 15 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 a 1997 decision by the U.S. Court

of Appeals for the D.C. 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: March 25, 1999.

Stephen Sheffield,

Acting Assistant Director, Program Support.

[FR Doc. 99-7874 Filed 3-30-99; 8:45 am]

BILLING CODE 4310-05-M