[Federal Register Volume 64, Number 138 (Tuesday, July 20, 1999)]
[Rules and Regulations]
[Pages 38826-38828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18439]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 934
[SPATS No. ND-039-FOR, Amendment No. XXVIII]
North Dakota Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is approving a proposed amendment to the North Dakota regulatory
program (hereinafter, the ``North Dakota program'') under the Surface
Mining Control and Reclamation Act of 1977 (SMCRA). North Dakota
proposed revising its statute prescribing who may preside over formal
hearings and informal conferences.
The amendment is intended to revise a North Dakota State statute to
be consistent with its counterpart State regulation.
DATES: Effective date: July 20, 1999.
FOR FURTHER INFORMATION CONTACT: Guy Padgett, Telephone: 207/261-6550,
Internet address: [email protected]
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 North Dakota's program and
program amendments can be found at 30 CFR 934.15 and 934.16.
II. Proposed Amendment
By letter dated March 31, 1999, North Dakota submitted a proposed
amendment to its program (Amendment number XXVIII, administrative
record No. ND-CC-01) pursuant to SMCRA (30 U.S.C. 1201 et seq.). North
Dakota submitted the proposed amendment at its own initiative. The
provision of the North Dakota Century Code (NDCC) that North Dakota
proposes to revise is: NDCC 38-14.1-30.3.f, concerning formal hearings
on surface coal mining and reclamation permit applications.
We announced receipt of the proposed amendment in the April 15,
1999, Federal Register (64 FR 18586), provided an opportunity for a
public hearing or meeting on its substantive adequacy, and invited
public comment on its adequacy (administrative record No. ND-CC-08).
Because no one requested a public hearing or meeting, none was held.
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 March 31, 1999, is no less stringent than
SMCRA. Accordingly, the Director approves the proposed amendment.
Substantive Revisions to North Dakota's Statute That Are Substantively
Identical to the Corresponding Provisions of SMCRA
North Dakota proposes revisions to the following statute that are
substantive in nature and contain language that is substantively
identical to the requirements of the corresponding Federal provisions
in SMCRA (listed in parentheses).
NDCC 38-14.1-30.3.f (SMCRA 514(c)), formal hearings on surface
coal mining and reclamation permit applications.
Because this proposed North Dakota statute is substantively
identical to the corresponding pertinent provisions of Subsection
514(c) of SMCRA which deals with who may preside at administrative
hearings or appeals thereof, the Director finds that it is no less
stringent than SMCRA and therefore she approves it.
IV. Summary and Disposition of Comments
Following are summaries of all substantive written comments on the
proposed amendment that we received, and our responses to them.
1. Public Comments
We invited public comments on the proposed amendment, but none was
received.
2. Federal Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(i), OSM solicited comments on the
proposed amendment from various Federal agencies with an actual or
potential interest in the North Dakota program (administrative record
No. ND-CC-03).
The Natural Resources Conservation Service of the U.S. Department
of Agriculture responded on April 15,
[[Page 38827]]
1999, that it concurred with the changes (administrative record No. ND-
CC-04).
The Bureau of Indian Affairs of the U.S. Department of the Interior
responded on April 24, 1999 that it did not have any objections or
comments that would adversely affect the final review and approval
(administrative record No. ND-CC-05).
The Bureau of Reclamation of the U.S. Department of the Interior
responded on April 28, 1999, that it had no comments on the proposed
amendment (administrative record No. ND-CC-06).
The U.S. Army Corps of Engineers responded on April 29, 1999, that
its review of the proposed project found it to be satisfactory
(administrative record No. ND-CC-07).
The U.S. Fish and Wildlife Service responded on May 11, 1999, that
it did not anticipate any significant impacts to fish and wildlife
resources. . . . (administrative record No. ND-CC-09).
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 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. Nevertheless, OSM
requested EPA's concurrence with the proposed amendment on April 9,
1999 (administrative record No. ND-CC-03). 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-CC-03). Neither SHPO nor ACHP responded to OSM's request.
V. Director's Decision
Based on the above finding, we approve North Dakota's proposed
amendment as submitted on March 31, 1999.
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 12988
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 (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
No environmental impact statement is 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.
6. Unfunded Mandates
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
List of Subjects in 30 CFR Part 934
Intergovernmental relations, Surface mining, Underground mining.
Dated: July 6, 1999.
Brent Wahlquist,
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:
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 in the table 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.
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Original amendment Date of final
submission date publication Citation/description
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* * * *
* * *
March 31, 1999.............. July 20, 1999....... NDCC 38-14.1-30.3.f.
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[[Page 38828]]
[FR Doc. 99-18439 Filed 7-19-99; 8:45 am]
BILLING CODE 4310-05-M
