[Federal Register Volume 61, Number 70 (Wednesday, April 10, 1996)]
[Proposed Rules]
[Pages 15910-15911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8921]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 926
[SPATS No. MT-018-FOR]
Montana Regulatory Program
AGENCY: Office of Surface Mining, Reclamation and Enforcement, U.S.
Department of the Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: The 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 revisions to the Montana Coal and Uranium Bureau's rules
pertaining to permit renewals, permit requirements, and notice of
intent to prospect. The amendment is intended to revise the Montana
program to provide additional safeguards, clarify ambiguities and
improve operational efficiency.
DATES: Written comments must be received by 4:00 p.m., m.d.t. on May
10, 1996. If requested, a public hearing on the proposed amendment will
be held on May 6, 1996. Requests to present oral testimony at the
hearing must be received by 4:00 p.m., m.d.t. on April 25, 1996.
ADDRESSES: Written comments should be mailed or hand delivered to the
Casper Field Office Director 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 address 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 Casper Field Office.
Guy Padgett, Casper Field Office, Office of Surface Mining Reclamation
and Enforcement, 100 East ``B'' Street, Federal Building--Room 2128,
Casper, Wyoming 82601-1918
Gary Amestoy, Administrator, Reclamation Division, Dept. of
Environmental Quality, P.O. Box 201601, Helena, Montana 59620,
Telephone 406/444-2074
FOR FURTHER INFORMATION CONTACT: Guy Padgett, Telephone: 307/261-6500.
SUPPLEMENTARY INFORMATION:
I. Background of 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 March 5, 1996, Montana submitted a proposed
amendment to its program pursuant to SMCRA (administrative record No.
MT-15-01, 30 U.S.C. 1201 et seq.). Montana submitted the proposed
amendment at its own initiative. The provisions of the Administrative
Rules of Montana that Montana proposed to revise were: 26.4.410, permit
renewal; 26.4.1001, permit requirement; and 26.4.1001A, notice of
intent to prospect.
Specifically, Montana proposes to revise the Montana program to 1)
revise the timeframe for the application of strip mine operating permit
renewals from the present 120 to 150 days, to the proposed 240 to 300
days and on an application form provided by the Montana Department of
Environmental Quality; 2) add a requirement that for prospecting
(exploration) activities that are conducted to determine the location,
quality or quantity of a natural mineral deposit and that will
substantially disturb, as defined in ARM 26.4.301, the natural land
surface, a permit will be required; and 3) that a notice of intent be
filed with the Montana Department of Environmental Quality for
prospecting (exploration) conducted for the purpose of determining the
location, quality, or quantity of a natural mineral deposit but does
not substantially disturb, as defined in ARM 26.4.301, the natural land
surface.
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
[[Page 15911]]
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.d.t., on April 25, 1996. 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 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
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 of 1969 (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 926
Intergovernmental relations, Surface mining, Underground mining.
Dated: April 3, 1996.
Russell F. Price,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 96-8921 Filed 4-9-96; 8:45 am]
BILLING CODE 4310-05-M
