[Federal Register Volume 63, Number 230 (Tuesday, December 1, 1998)]
[Proposed Rules]
[Pages 66079-66081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31914]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 926
[SPATS No. MT-019-FOR]
Montana Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: Office of Surface Mining Reclamation and Enforcement (OSM) is
announcing receipt of a proposed amendment to the Montana regulatory
program (hereinafter, the ``Montana program'') under the Surface Mining
Control and Reclamation Act of 1977 (SMCRA). The proposed amendment
consists of Montana's 1998 Vegetation Guidelines which are required by
the Administrative Rules of Montana (ARM) at 26.24.726(1). The
amendment is intended to revise the Montana program to be consistent
with the corresponding Federal regulations.
DATES: Written comments must be received by 4:00 p.m., [m.s.t.]
December 31, 1998. If requested, a public hearing on the proposed
amendment will be held on December 28, 1998. Requests to present oral
testimony at the hearing must be received by 4:00 p.m., [m.s.t.] on
December 16, 1998.
ADDRESSES: Written comments should be mailed or hand delivered to Guy
Padgett, Director, Casper Field Office, at the address listed below.
Copies of the Montana program, the proposed amendment, and all
written comments received in response to this document will be
available for public review at the addresses listed below during normal
business hours, Monday through Friday, excluding holidays. Each
requester may receive one free
[[Page 66080]]
copy of the proposed amendment by contacting OSM's Casper Field Office.
Guy Padgett, Director, Casper Field Office, Office of Surface Mining
Reclamation and Enforcement, 100 East ``B'' Street, Federal Building,
Room 2128, Casper, Wyoming 82601-1918, Telephone: (307) 261-6550
Steve Welch, Chief, Industrial and Energy Minerals Bureau, Montana
Department of Environmental Quality, 1520 E. Sixth Ave., P.O. Box
200901, Helena, MT 59620-0901, Telephone: (406) 444-4964
FOR FURTHER INFORMATION CONTACT: Guy Padgett, Telephone: (307) 261-
6550. Internet address: gpadgett@osmr.
SUPPLEMENTARY INFORMATION:
I. Background on the Montana Program
On April 1, 1980, the Secretary of the Interior conditionally
approved the Montana program. General background information on the
Montana program, including the Secretary's findings, the disposition of
comments, and conditions of approval of the Montana program can be
found in the April 1, 1980, Federal Register (45 FR 21560). Subsequent
actions concerning Montana's program and program amendments can be
found at 30 CFR 926.15, 926.16, and 926.30.
II. Proposed Amendment
By letter dated November 4, 1998, Montana submitted a proposed
amendment to its program pursuant to SMCRA (30 U.S.C. 1201 et seq.)
(Administrative Record No. MT-16-01). Montana submitted the proposed
amendment in response to a March 29, 1990, letter (Administrative
Record No. MT-6-13) that OSM sent to Montana in accordance with 30 CFR
732.17(c), and in response to a subsequent required program amendment
at 30 CFR 926.16(i). The proposed amendment contains the 1998
Vegetation Guidelines in which Montana proposes to meet the
requirements of ARM 26.4.726(1) regarding acceptable field and
laboratory methods.
Specifically, Montana proposes to address sampling methods by
requiring a range site map with community descriptions, production
sampling, the estimation of percent cover by one of four methods, the
measurement of vegetation density, and documentation of the premine
condition. The Guidelines provide the requirements for reference areas,
as well as the levels of technical standards. Also in the Guidelines is
a list of normal husbandry practices which meet the criteria
established in ARM 17.24.725. Specifications for the grazing management
plan are given. Phase III bond release evaluations are described with
respect to: (1) hypothesis testing for production, cover, and density;
and (2) evaluations not requiring hypothesis testing, such as
diversity, utility, season of use, the 80/60 rule, and predominantly
native composition. Appendix A contains statistical formulas for
determining sample adequacy; Levene's test for homogeneity of
variances; the one-sample, one-sided t test; the one-sided t test for
two independent samples; the one-sample, one-sided sign test; the one-
sided Mann-Whitney test for two independent samples; the Satterthwaite
correction; and data transformation. Appendix B contains a list of
rules addressing vegetation and land use requirements. Appendix C
contains a list of Montana range plants.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is
seeking comments on whether the proposed amendment satisfies the
applicable program approval criteria of 30 CFR 732.15. If the amendment
is deemed adequate, it will become part of the Montana program.
1. Written Comments
Written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of the
commenter's recommendations. Comments received after the time indicated
under DATES or at locations other than the Casper Field Office will not
necessarily be considered in the final rulemaking or included in the
Administrative Record.
2. Public Hearing
Persons wishing to testify at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
[m.s.t.] December 16, 1998. Any disabled individual who has need for a
special accommodation to attend a public hearing should contact the
individual listed under FOR FURTHER INFORMATION CONTACT. The location
and time of the hearing will be arranged with those persons requesting
the hearing. If no one requests an opportunity to testify at the public
hearing, the hearing will not be held.
Filing of a written statement at the time of the hearing is
requested as it will greatly assist the transcriber. Submission of
written statements in advance of the hearing will allow OSM officials
to prepare adequate responses and appropriate questions.
The public hearing will continue on the specified date until all
persons scheduled to testify have been heard. Persons in the audience
who have not been scheduled to testify, and who wish to do so, will be
heard following those who have been scheduled. The hearing will end
after all persons scheduled to testify and persons present in the
audience who wish to testify have been heard.
3. Public Meeting
If only one person requests an opportunity to testify at a hearing,
a public meeting, rather than a public hearing, may be held. Persons
wishing to meet with OSM representatives to discuss the proposed
amendment may request a meeting by contacting the person listed under
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the
public and, if possible, notices of meetings will be posted at the
locations listed under ADDRESSES. A written summary of each meeting
will be made a part of the Administrative Record.
IV. 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
[[Page 66081]]
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 926
Intergovernmental relations, Surface mining, underground mining.
Dated: November 23, 1998.
Russell F. Price,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 98-31914 Filed 11-30-98; 8:45 am]
BILLING CODE 4310-05-M
