[Federal Register Volume 60, Number 58 (Monday, March 27, 1995)]
[Proposed Rules]
[Pages 15726-15728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7439]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 913
[IL-090]
Illinois Regulatory Program
AGENCY: Office of Surface Mining Reclamation Enforcement (OSM),
Interior.
ACTION: Proposed rule; pubic comment period and opportunity for public
hearing.
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SUMMARY: OSM is announcing receipt of a proposed amendment to the
Illinois regulatory program (hereinafter referred to as the Illinois
program) under the Surface Mining Control and Reclamation Act of 1977
(SMCRA). The proposed amendment pertains to the merger of the Illinois
Department of Mines and Minerals into the newly created Illinois
Department of Natural Resources. The amendment is intended to provide
formal notification to OSM of this pending reorganization.
DATES: Written comments must be received by 4:00 p.m., [C.S.T.], April
26, 1995. If requested, a public hearing on the proposed amendment will
be held on April 21, 1995. Requests to speak at the hearing must be
received by 4:00 p.m., [C.S.T.], on April 11, 1995.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Mr. James F. Fulton, Director,
Springfield Field Office, at the address listed below.
Copies of the Illinois program, the proposed amendment, a listing
of any scheduled public hearings, 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 copy of
the proposed amendment by contacting OSM's Springfield Field Office.
James F. Fulton, Director, Springfield Field Office, Office of Surface
Mining Reclamation and Enforcement, 511 West Capitol, Suite 202,
Springfield, Illinois 62704, Telephone: (217) 492-4495.
Illinois Department of Mines and Minerals, 300 West Jefferson Street,
Suite 300, Springfield Illinois 62791, Telephone: (217) 782-4970.
FOR FURTHER INFORMATION CONTACT: James F. Fulton, Director, Springfield
Field Office, Telephone: (217) 492-4495.
SUPPLEMENTARY INFORMATION:
I. Background on the Illinois Program
On June 1, 1982, the Secretary of the Interior conditionally
approved the Illinois program. Background information on the Illinois
program, including the Secretary's findings, the disposition of
comments, and the conditions of approval can be found in the June 1,
1982, Federal Register (47 FR 23883). Subsequent actions concerning the
conditions of approval and program amendments can be found at 30 CFR
913.15, 913.16, and 913.17.
II. Description of the Proposed Amendment
By letter dated March 3, 1995 (Administrative Record No. IL-1700),
[[Page 15727]] Illinois submitted a proposed amendment to its program
pursuant to SMCRA. Illinois submitted the proposed amendment at it own
initiative. In accordance with 30 CFR 732.17(b), Illinois notified OSM
that effective July 1, 1995, the Illinois Department of Mines and
Minerals will cease to exist in name only. It will be redesignated the
Office of Mines and Minerals.
Specifically, the Illinois Department of Mines and Minerals will be
merged into the new Illinois Department of Natural Resources by virtue
of Executive Order Number 2 (1995) signed by the Governor of Illinois,
on March 1, 1995. Article V, Section 11 of the Constitution of the
State of Illinois authorizes the Governor to reassign functions among
or reorganize executive agencies which are directly responsible to him
in order to simplify the organizational structure of the Executive
Branch, to improve accountability, to increase accessibility, and to
achieve efficiency and effectiveness in operation.
Executive Order Number 2 (1995) contains the following applicable
provisions:
Part I, paragraph C, provides that ``[t]he Department of Natural
Resources shall have within it an Office of Mines and Minerals which
shall be responsible for the functions previously vested in the
Department of Mines and Minerals. . . .;
Part II, paragraph C, transfers the Surface-Mined Land Conservation
and Reclamation Act (225 ILCS 715/1 et seq.) [State Act for the initial
program] and the Surface Coal Mining Land Conservation and Reclamation
Act (225 ILCS 720.1.01 et seq.) [State Act for the permanent program]
from the Department of Mines and Minerals to the Department of Natural
Resources along with the rights, powers, and duties incidental to these
Acts;
In Part III, paragraph A abolishes the Department of Mines and
Minerals, paragraph B abolishes the office of the Director of Mines and
Minerals, and paragraph C transfer personnel previously assigned to the
Department of Mines and Minerals to the Department of Natural
Resources; and
Part IV, paragraph F, provides that ``[t]his Executive Order shall
not affect the legality of any rules in the Illinois Administrative
Code that are in force on the effective date of this Executive Order
that have been duly adopted by the agencies reorganized under this
Order. As soon as practicable hereafter, the Department of Natural
Resources * * * shall propose and adopt under the Illinois
Administrative Procedure Act such rules as may be necessary to
consolidate and clarify the rules of the various reorganized agencies
that will now be administered by the successor agency.''
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 Illinois program.
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 Springfield Field Office
will not necessarily be considered in the final rulemaking or included
in the Administrative Record.
Public Hearing
Persons wishing to speak at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
[C.S.T.] on April 11, 1995. The location and time of the hearing will
be arranged with those persons requesting the hearing. If no one
requests an opportunity to speak 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 speak have been heard. Persons in the audience who
have not been scheduled to speak, and who wish to do so, will be heard
following those who have been scheduled. The hearing will end after all
persons scheduled to speak and persons present in the audience who wish
to speak have been heard.
Public Meeting
If only one person requests an opportunity to speak 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 persons listed under
FOR FURTHER INFORMATION CONTACT.'' All such meetings will be open to
the public and, if possible, notice 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.
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.
IV. Procedural Determinations
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).
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, to the extent allowed by law, 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 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.
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(c)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)).
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.).
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 [[Page 15728]] under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
The State submittal which 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 913
Intergovernmental relations, Surface mining, Underground mining.
Dated: March 16, 1995.
Ronald C. Recker,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 95-7439 Filed 3-24-95; 8:45 am]
BILLING CODE 4310-05-M
