98-24781. North Dakota Regulatory Program  

  • [Federal Register Volume 63, Number 179 (Wednesday, September 16, 1998)]
    [Rules and Regulations]
    [Pages 49430-49434]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-24781]
    
    
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    DEPARTMENT OF THE INTERIOR
    
    Office of Surface Mining Reclamation and Enforcement
    
    30 CFR Part 934
    
    [SPATS ND-032-FOR, Amendment No. XXII]
    
    
    North Dakota Regulatory Program
    
    AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
    Interior.
    
    ACTION: Final rule; approval of amendment.
    
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    SUMMARY: OSM is approving a proposed amendment to the North Dakota 
    regulatory program (hereinafter referred to as the ``North Dakota 
    program'') under the Surface Mining Control and Reclamation Act of 1977 
    (SMCRA). The revisions and information explaining those North Dakota's 
    proposed rules and statutes which comprise the amendment pertain to: 
    the North Dakota Small Operator Assistance Program, and individual 
    civil and criminal penalties within the coal exploration section of the 
    program. The amendment is intended to revise the North Dakota program 
    to be consistent with the corresponding Federal regulations and SMCRA.
    
    EFFECTIVE DATE: September 16, 1998.
    
    FOR FURTHER INFORMATION CONTACT: Guy V. Padgett, Telephone: (307) 261-
    6550; Fax: (307) 261-6552; Internet: GPadgett@osm.gov.
    
    SUPPLEMENTARY INFORMATION: 
    
    I. Background on the North Dakota Program
    
        On December 15, 1980, the Secretary of the Interior conditionally 
    approved the North Dakota program. General background information on 
    the North Dakota program, including the Secretary's findings, the 
    disposition of comments, and the conditions of approval of the North 
    Dakota program can be found in the December 15, 1980, Federal Register 
    (45 FR 82214). Subsequent actions concerning the North Dakota program 
    and program amendments can be found at 30 CFR 934.12, 934.13, 934,15, 
    and 934.16.
    
    II. Proposed Amendment
    
        By letter dated April 12, 1995, North Dakota submitted a proposed 
    amendment (amendment number XXII, administrative record No. ND-W-01) to 
    its program pursuant to SMCRA (30 U.S.C. 1201 et seq.). North Dakota 
    submitted the proposed amendment in response to the required program 
    amendments at 30 CFR 934.16(y) and (z) (59 FR 37423, 37428-374296; July 
    22, 1994). The statutory provisions North Dakota proposed to revise 
    are: North Dakota Century Code (NDCC) 38-14.1-37(4) concerning SOAP, 
    reimbursement of costs, and NDCC 38-12.1-08, concerning coal 
    exploration, individual civil and criminal penalties.
        OSM announced receipt of the proposed amendment in the May 2, 1995, 
    Federal Register (60 FR 21484; administrative record No. ND-W-04), 
    provided an opportunity for a public hearing or meeting on its 
    substantive adequacy, and invited public comment. Because no one 
    requested a public hearing or meeting, none was held. The public 
    comment period ended at 4 p.m. on June 1, 1995.
        During its review of the amendment, OSM identified concerns with 
    the proposed revisions to NDCC 38-13.1-08, relating to individual civil 
    and criminal penalties within the coal exploration program. OSM 
    notified North Dakota of the concerns by letter dated August 28, 1995 
    (administrative record No. ND-W-12). North Dakota responded in a letter 
    dated October 19, 1995 (administrative record No. ND-W-14) by 
    submitting additional proposed revisions to its program at North Dakota 
    Administrative Code 43-02-01 and additional explanatory information 
    pertaining to North Dakota Century Code 38-12.1-08.
        Based upon the revisions to and additional explanatory information 
    that was submitted with the proposed program amendment submitted by 
    North Dakota, OSM reopened the public comment period in the November 9, 
    1995, Federal Register (60 FR 56549; administrative record No. ND-W-
    16). The public comment period ended 4 p.m. November 24, 1995.
        The regulatory revisions that North Dakota proposed in its October 
    19, 1995 letter, while satisfying most of OSM's concerns, made North 
    Dakota's regulations at North Dakota Administrative Code (NDAC) 43-02-
    01 inconsistent with its statute at NDCC 38-12.1-08, upon which those 
    regulations are based. However, when this was pointed out to North 
    Dakota in a July 30, 1997 telephone conversation (administrative record 
    No. ND-W-21), it submitted an August 1, 1997 letter (administrative 
    record No. ND-W-18) slightly revising its regulations at NDAC 43-02-01 
    to make them consistent with its statute. Based on the proposed 
    revision, OSM reopened the public comment period in the September 4, 
    1997, Federal Register (62 FR 46695; administrative record No. ND-W-
    19). The public comment period ended 4 p.m. September 19, 1997.
    
    III. Director's Findings
    
        As discussed below, the Director, in accordance with SMCRA and 30 
    CFR 732.15 and 732.17, finds that the proposed program amendment 
    submitted by North Dakota on April 12, 1995, and as revised and 
    supplemented with additional explanatory information and program 
    revisions on October 19, 1995, and on August 1, 1997, with additional 
    requirements, is no less stringent than SMCRA and no less effective 
    than the Federal regulations. Accordingly, the Director approves the 
    proposed amendment.
    
    1. NDCC 38-.1-37(4): Small Operators
    
        North Dakota proposed a revision to NDCC 38-14.1-37(4), pursuant to 
    the Director's Findings at III.3.i that were contained in the July 22, 
    1994 Federal Register (Vol. 59, No. 140, p. 37426). This addition of 
    subsection 4 to NDCC 38-14.1-37 also affects subsections 2 and 3 in 
    accordance with the July 22, 1994, Federal Register noted above. The 
    Director's Findings at III.3.h. states that:
    
        [I]f North Dakota ultimately decides to adopt the responsibility 
    to provide or assume the training costs and inform qualified coal 
    operators of the availability of assistance under SOAP, NDCC 38-
    14.1-37(3), because
    
    [[Page 49431]]
    
    of its discretionary nature, will be less stringent than section 
    507(c)(2) of SMCRA. North Dakota will then be required to amend its 
    program to mandate that the Commission ``shall'' provide or assume 
    the costs of training and inform qualified coal operators of the 
    availability of assistance under SOAP.
    
        North Dakota has not yet decided whether to provide or assume the 
    training costs and inform qualified coal operators under SOAP (August 
    25, 1998 telephone conversation, administrative record No. ND-W-24). As 
    stated in the July 22, 1998 Federal Register, if North Dakota 
    ultimately decides to adopt the responsibility to provide or assume the 
    training costs and inform qualified coal operators of the availability 
    of assistance under SOAP, NDCC-14.1-37(3), because of its discretionary 
    nature, will be less stringent than section 507(c)(2) of SMCRA. North 
    Dakota will then be required to amend its program to mandate that the 
    Commission ``shall'' provide or assume the costs of training and inform 
    qualified coal operators of the availability of assistance under SOAP. 
    Based on the aforementioned, the Director finds that the proposed 
    addition to North Dakota's statute, NDCC 38-14.1-37(4), is no less 
    stringent than SMCRA.
    
    2. NDCC 38-12.1-08 and 12.1-03-03: Coal Exploration, Statutory 
    Provisions Regarding Individual Civil and Criminal Penalties
    
        In previous reviews of the North Dakota program, OSM found 
    deficiencies relating to the imposition of civil and/or criminal 
    penalties on individual officers, agents, and directors of a 
    corporation where the corporation committed a violation of the coal 
    exploration program. A required amendment was consequently codified at 
    30 CFR 934.16(y) (57 FR 807, 827; January 9, 1992), and was 
    subsequently modified (59 FR 37423, 37432; July 22, 1994). The modified 
    required amendment, codified at 30 CFR 934.16(y), required North Dakota 
    to amend NDCC 38-12.1-08 to specifically address the circumstances 
    under which a corporate director, officer, or agent may be individually 
    subject to civil or criminal penalties in connection with a violation 
    committed by a corporate permittee. North Dakota was also required to 
    submit proposed revisions in NDCC 38-12.1-08 to provide that (in 
    addition to violations) failure or refusal to comply with the orders 
    listed in section 518(f) of SMCRA and issued by the North Dakota 
    Industrial Commission serve as an additional basis for the imposition 
    of individual civil and criminal penalties upon corporate officers, 
    directors, and agents.
        North Dakota proposed in this amendment to add a new provision at 
    NDCC 38-12.1-08(3) stating that:
    
        Any corporation or any person who controls the activity of a 
    corporation who violates this chapter or any permit condition or 
    rule implementing this chapter [NDCC Chapter 38-12.1] is subject to 
    a civil penalty not to exceed five thousand dollars per day of such 
    violation.
    
        In addition, North Dakota re-proposed the revisions to NDCC 38-
    12.1-08(1) and (2) that were not approved in the July 22, 1994, 
    rulemaking. In its August 28, 1995, letter (administrative record No. 
    ND-W-12) identifying concerns to this amendment, OSM found that the 
    proposed new provision at NDCC 38-12.1-08(3) essentially repeated the 
    provision of NDCC 38-12.1-08(1) and did not clarify that individuals 
    (officers, directors, and agents of corporate permittees) may be 
    subject to penalties where the corporation, as opposed to the 
    individual, commits a violation. In its October 19, 1995, response 
    (administrative record No. ND-W-14), North Dakota argued that State law 
    a NDCC 12.1-03-03 (as well as NDCC 38-12.1-08(3), does subject 
    directors, officers, and agents to civil and criminal penalties even 
    though it is the corporation, not the individuals, that committed a 
    violation.
    A. Criminal Penalties
        With regard to the criminal penalties, North Dakota also referred 
    to the provisions of NDCC 12.1-03-03 in its October 19, 1995 letter. 
    NDCC 12.1-03-03 provides:
        12.1-03-03  Individual accountability for conduct on behalf of 
    organizations
        1. A person is legally accountable for any conduct he performs or 
    causes to be performed in the name of the organization or in its behalf 
    to the same extent as if the conduct were performed in his own name or 
    on his behalf.
        2. Except as otherwise expressly provided, whenever a duty to act 
    is imposed upon an organization by a statute or regulation thereunder, 
    any agent of the organization having primary responsibility for the 
    subject matter of the duty is legally accountable for an omission to 
    perform the required act to the same extent as if the duty were imposed 
    directly upon himself.
        The terms ``agent'' and ``organization,'' as used in NDCC 12.1-03-
    03(2), are defined at NDCC 12.1-03-04(1) as follows:
    
        In this chapter: (a) ``Agent'' means any partner, director, 
    officer, governor, manager, servant, employee, or other person 
    authorized to act in behalf of an organization. (b) ``Organization'' 
    means any legal entity, whether or not organized as a corporation, 
    limited liability company, or unincorporated association, but does 
    not include an entity organized as or by a governmental agency for 
    the execution of a governmental program.
    
        Since ``organization'' includes corporations, and ``agent'' 
    includes officers and directors of corporations, NDCC 12.1-03-03(1) 
    would, when a corporation commits a violation, subject the officers, 
    directors, and agents of the corporation to the same criminal penalties 
    as the corporation, provided the individuals had ``performed'' or 
    ``caused to be performed'' the conduct. OSM finds no substantive 
    differences between the NDCC 12.1-03-03(1) phrase ``performs or causes 
    to be performed'' and the SMCRA 518(f) phrase ``authorized, ordered, or 
    carried out'' identifying the applicable conduct.
        NDCC 12.1-03-03(2) would subject the individuals to the same 
    criminal penalties as the corporation in the case of a failure or 
    refusal to act if the individual had ``primary responsibility'' for 
    that duty. North Dakota pointed out in its October 19, 1995, letter 
    that NDCC 38.12-1-04(3) authorizes the Industrial Commission of North 
    Dakota to promulgate and enforce orders, and that a failure or refusal 
    to comply with all types of such orders would also constitute a 
    violation of ``this chapter,'' as used in NDCC 38-12.1-08.
        North Dakota's proposed addition of the phrase ``or willfully'' to 
    subsection (2) of NDCC 38-12.1-08 would extend individual criminal 
    penalties to cases where the individual's conduct is willful or 
    knowing, rather than simply ``knowingly,'' as the statute previously 
    read. For a discussion of North Dakota's definitions of ``knowing'' and 
    ``willful,'' see 59 FR 37423, 37428-37429; July 22, 1994. North 
    Dakota's provision, as proposed, and as pointed out in its October 19, 
    1995, letter, would also subject individuals (whether or not corporate 
    officers acting for a corporation) to criminal penalties for knowingly 
    reporting false information.
        North Dakota's existing provision at NDCC 38-12.1-08(2), and the 
    re-proposed revision to it, when read in conjunction with the newly 
    proposed provisions at NDCC Chapter 12.1-03, provide for individual 
    criminal penalties against corporate officers in all of the situation 
    in which individual criminal penalties are authorized under SMCRA 
    Section 518(f). Since failure or refusal to comply with any order of 
    the Commission would be included as a violation, without the few 
    exceptions granted in SMCRA Section 518(e) and (f), individuals might 
    be subject to penalties for still more actions or omission than 
    required by SMCRA
    
    [[Page 49432]]
    
    Section 518, and therefore North Dakota's statute is no less stringent 
    than SMCRA. In addition, individuals would be subject to criminal 
    penalties for knowingly reporting false information in all of the 
    situations in which individuals are subjected to such criminal 
    penalties under SMCRA Section 518(g).
    B. Civil Penalties
        North Dakota's proposed new paragraph at NDCC 38-12.1-08(3), while 
    similar to the first paragraph, NDCC 38-12.1-08(1), goes beyond it in 
    that it applies to ``Any corporation or any person who controls the 
    activity of a corporation who violates this chapter.'' The corporation 
    or person's conduct need not be willful or knowing. The term, ``any 
    person,'' refers to a ``director, officer, or agent or a corporate 
    permittee'' and is intended by the State to be broader in its coverage 
    than simply attempting to list the position of everyone to whom the 
    paragraph might apply (7/8, 9/98 telephone conversations, 
    administrative record No. ND-W-22).
        To make North Dakota regulations consistent with the North Dakota 
    statute, in a August 1, 1997 revision, North Dakota changed ``willfully 
    and knowingly'' to ``willfully or knowingly'', thereby strengthening 
    the scienter requirement so that it could apply to more cases than 
    those in SMCRA or the Federal regulations.
        Based on the above discussion, the Director finds that North 
    Dakota's proposed statutory revisions at NDCC 38-12.1-08 to be no less 
    stringent than SMCRA Section 518(f) and (g), and is approving the 
    proposed revisions and additions. The Director also finds that the 
    approval of this amendment satisfies both parts of the required 
    amendment at 30 CFR 934.16(y). Therefore, he is removing that required 
    amendment.
    
    3. NDAC 43-02-01: Coal Exploration, Individual Civil Penalties, 
    Regulatory Provisions (SMCRA 518(f))
    
        In a previous review of the North Dakota coal exploration program 
    and proposed amendments to that program, OSM found that the program 
    lacked regulations imposing civil and/or criminal penalties on 
    individual officers of a corporation when the corporation commits a 
    violation of the coal exploration program (59 FR 37423, 37428-37429; 
    July 22, 1994). A requirement for North Dakota to amend the program was 
    codified at 30 CFR 934.16(z) (59 FR 37423, 37432; July 22, 1994), which 
    required revision of NDAC 43-02-01-05 to specifically address the 
    circumstances under which a corporate director, officer, or agent maybe 
    individually subject to civil or criminal penalties in connection with 
    a violation committed by a corporation. In response to this amendment 
    requirement, North Dakota in its October 19, 1995 letter, and as 
    modified in its August 1, 1997 letter, proposed the following addition 
    to its regulations at NDAC 43-02-01:
    
        (1) Whenever a corporate permittee violates a condition of a 
    permit, or any other rule or regulation imposed under this chapter 
    and NDCC 38-12.1, or fails or refuses to comply with an order issued 
    by the commission pursuant to NDCC 38-12.1-04(3), or any order 
    incorporated in a final decision issued by the commission, except an 
    order incorporated in a decision requiring the payment of a penalty, 
    any director, officer, or agent of such corporation who willfully or 
    knowingly authorized or carried out such violation, failure, or 
    refusal shall be held accountable, and the commission shall enforce 
    the civil and criminal penalties provided against the corporation 
    and the corporate directors, officers, and agents when the 
    corporation commits such violation, failure, or refusal, as provided 
    by law.
        (2) A civil penalty may be assessed by the commission as 
    authorized by NDCC 38-12.1-08 only after the person or persons have 
    been given an opportunity for public hearing pursuant to the 
    procedures specified in NDCC Ch. 28-32.
        (3) Any civil penalties assessed may be recovered by the 
    commission in a civil action in the North Dakota district court for 
    the county in which the violation occurred or in which the party 
    assessed has his or her residence or principal office in the state.
    
        Proposed paragraph (1) of NDAC 43-02-01 tracks the language of 
    SMCRA 518(f). The proposal would specify that all violations of the 
    coal exploration program are (in the defined circumstances) subject to 
    individual penalties; in SMCRA 518(f), it states that ``Whenever a 
    corporate permittee violates a condition of a permit * * *.'' In 
    addition, the proposed North Dakota regulation states that the 
    corporate officers ``shall be held accountable,'' and therefore 
    individually liable for criminal and civil penalties. Moreover, the 
    proposed regulatory language further states that the Commission shall 
    enforce the program's civil and criminal penalties against both the 
    corporation and the corporate officers.
        Regarding failures or refusals to comply, the proposed language 
    specifies that all corporate officers who willfully or knowingly 
    authorized or carried out the failure or refusal shall be held 
    accountable, not only those corporate officer(s) with ``primary 
    responsibility'' for that aspect of the operation; this language 
    extends the reach to corporate officers subject to individual penalties 
    for failure or refusal to comply to the same degree provided under 
    SMCRA Sections 518(e) and (f). The proposed regulatory language also 
    exempts from individual penalties failure or refusal to comply with 
    orders incorporated in decisions requiring the payment of a penalty, as 
    do SMCRA 518(e) and (f). The proposed North Dakota regulatory language 
    also specifically addresses the circumstances under which a corporate 
    director, officer, or agent may be individually subject to civil or 
    criminal penalties in connection with a violation, failure, or refusal 
    committed by a corporation.
        Proposed paragraph (2) of NDAC 43-02-01 is substantively the same 
    as the first sentence of SMCRA 518(b), and thus provides for the same 
    due process appeals for individual civil penalties as does SMCRA 518(f) 
    (by referencing 518(b)).
        Proposed paragraph (3) of NDAC 43-02-01 provides for the recovery 
    of individual civil penalties through civil actions, to the same extent 
    as SMCRA 518(d).
        Based on the above discussion, the Director finds the proposed 
    rules at NDAC 43-02-01 (1) through (3) to be no less stringent than 
    SMCRA Sections 518(b), (d), (e), and (f) regarding authorization for 
    and procedures for individual civil and criminal penalties. The 
    approval of this proposal would also satisfy the required program 
    amendment codified at 30 CFR 934.16(z) (59 FR 37423, 37432; July 22, 
    1994). The Director is therefore removing this required program 
    amendment.
    
    IV. Summary and Disposition of Comments
    
        Following are summaries of all substantive written comments on the 
    proposed amendment that were received by OSM, and OSM's responses to 
    them.
    
    1. Public Comments
    
        OSM invited public comments on the proposed amendment in the May 2, 
    1995 Federal Register (60 FR 21484; administrative record No. ND W-04), 
    the November 9, 1995 Federal Register (69 FR 56549; administrative 
    record No. ND-W-16), and the September 4, 1997, Federal Register (62 FR 
    46695; administrative record No. ND-W-19), but no comments were 
    received.
    
    2. Federal Agency Comments
    
        Pursuant to 732.17(h)(11)(i), OSM solicited comments from various 
    Federal agencies with an actual or potential interest in the North 
    Dakota program and in the proposed amendment in an April 20, 1995, 
    letter (administrative record No. ND-W-03), a
    
    [[Page 49433]]
    
    November 9, 1995 Federal Register notice (60 FR 56549; administrative 
    record No. ND-W-16), and a September 4, 1997 Federal Register notice 
    (62 FR 46695; administrative record No. ND-WS-19).
        The Agricultural Research Service of the U.S. Department of 
    Agriculture responded on May 5, 1995 that it had no comment or 
    additions to the amendment (administrative record No. ND-W-05).
        The U.S. Army Corps of Engineers responded on May 9, 1995 that it 
    ``found the changes to be satisfactory to our agency'' (administrative 
    record No. ND-W-07).
        The Bureau of Indian Affairs responded on May 12, 1995 that ``[w]e 
    have no objections to the amendment because it does not affect Indian 
    Lands'' (administrative record No. ND-W-08).
        Rural Economic and Community Development of the U.S. Department of 
    Agriculture responded on May 23, 1995 that it had no comment 
    (administrative record No. ND-W-09).
        The Mine Safety and Health Administration (MSHA) of the U.S. 
    Department of Labor responded on June 2, 1995 that the amendment 
    ``appears not to conflict with any MSHA regulations'' (administrative 
    record No. ND-W-11)).
    
    3. Environmental Protection Agency (EPA) Concurrence and Comments
    
        Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to solicit 
    the written concurrence of EPA with respect to those provisions of the 
    proposed program amendment that relate to air or water quality 
    standards promulgated under the authority of the Clean Water Act (33 
    U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).
        None of the revisions that North Dakota proposed to make in its 
    amendment pertain to air or water quality standards. However, OSM 
    requested EPA's comments on April 20, 1995 (administrative record No. 
    NDW-03 with the proposed amendment (administrative record No. ND W-01). 
    EPA did not respond to OSM's request.
    
    4. State Historic Preservation Officer (SHPO) and the Advisory Council 
    on Historic Preservation (ACHP)
    
        Pursuant to 30 CFR 732.17(h)(4), OSM solicited comments on the 
    proposed amendment from the SHPO and ACHP (administrative record No. ND 
    W-03). Neither the SHPO nor the ACHP responded to OSM's request.
    
    V. Director's Decision
    
        Based on the aforementioned findings, the Director approves the 
    proposed amendment as submitted on April 12, 1995, and as supplemented 
    with additional explanatory information and regulations on October 19, 
    1995, and August 1, 1997, as discussed in:
        Finding No. 1, NDCC 38-14.1-37(4), the statute that specifies that 
    under certain circumstances a coal mine operator who received 
    assistance for permitting or training reimburse the State of North 
    Dakota for the costs of that assistance;
        Finding No. 2, NDCC 38-12.1-08, the statute in which is added the 
    term, ``or willfully'' to its existing language, ``who knowingly 
    violates this chapter, or any permit condition or regulation 
    implementing this chapter,'' and references NDCC 12.1-03-03, which 
    makes a person legally accountable for any conduct he performs or 
    causes to be performed in the name of an organization or in its behalf 
    to the same extent as if the conduct were performed in his own name or 
    his behalf;'' and
        Finding No. 3, NDAC 43-02-01, the regulation imposing individual 
    civil and criminal penalties on individual officers of a corporation 
    when the corporation commits a violation of the coal exploration 
    program.
        The Federal regulations at 30 CFR Part 934, codifying decisions 
    concerning the North Dakota program, are being amended to implement 
    this decision. This final rule is being made effective immediately to 
    expedite the State program amendment process and to encourage States to 
    bring their programs into conformity with the Federal standards without 
    undue delay. Consistency of State and Federal standards is required by 
    SMCRA.
    
    VI. Procedural Determinations
    
    1. Executive Order 12866
    
        This rule is exempted from review by the Office of Management and 
    Budget (OMB) under Executive order 12866 (Regulatory Planning and 
    Review).
    
    2. Executive Order 12778
    
        The Department of the Interior has conducted the reviews required 
    by Section 2 of Executive Order 12778 (Civil Justice Reform) 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 since each such 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.
    
    3. National Environmental Policy Act
    
        An environmental impact statement is not required for this rule 
    since 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)).
    
    4. 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.).
    
    5. Regulatory Flexibility Act
    
        The Department of the Interior has determined 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 that 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. Accordingly, this rule will ensure that existing requirements 
    previously promulgated by OSM will be implemented by the State. 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.
    
    List of Subjects in 30 CFR Part 934
    
        Intergovernmental relations, Surface mining, Underground mining.
    
        Dated: September 1, 1998.
    Richard J. Seibel,
    Regional Director, Western Regional Coordinating Center.
    
        For the reasons set out in the preamble, Title 30, Chapter VII, 
    Subchapter T of the Code of Federal Regulations is amended as set forth 
    below:
    
    [[Page 49434]]
    
    PART 934--NORTH DAKOTA
    
        1. The authority citation for Part 934 continues to read as 
    follows:
    
        Authority: 30 U.S.C. 1201 et seq.
    
        2. Section 934.15 is amended, as depicted in the table below, by 
    adding a new entry in chronological order by ``Date of Final 
    Publication'' to read as follows:
    
    
    Sec. 934.15  Approval of North Dakota regulatory program amendments.
    
    * * * * *
    
    ----------------------------------------------------------------------------------------------------------------
     Original amendment submission date   Date of final publication                Citation/description             
    ----------------------------------------------------------------------------------------------------------------
                                                                                                                    
    *                  *                  *                  *                  *                  *                
                                                            *                                                       
    April 12, 1995.....................  September 16, 1998.........  Statute: NDCC 38-14.1-37(4); NDCC 38-12.1-08; 
                                                                       Rule: NDAC 43-02-01.                         
    ----------------------------------------------------------------------------------------------------------------
    
        3. Section 934.16 is amended by removing and reserving paragraphs 
    (y) and (z).
    
    [FR Doc. 98-24781 Filed 9-15-98; 8:45 am]
    BILLING CODE 4310-05-M
    
    
    

Document Information

Effective Date:
9/16/1998
Published:
09/16/1998
Department:
Surface Mining Reclamation and Enforcement Office
Entry Type:
Rule
Action:
Final rule; approval of amendment.
Document Number:
98-24781
Dates:
September 16, 1998.
Pages:
49430-49434 (5 pages)
Docket Numbers:
SPATS ND-032-FOR, Amendment No. XXII
PDF File:
98-24781.pdf
CFR: (1)
30 CFR 934.15