[Federal Register Volume 61, Number 64 (Tuesday, April 2, 1996)]
[Proposed Rules]
[Pages 14517-14518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7950]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 925
[SPATS No. MO-029-FOR]
Missouri Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
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SUMMARY: OSM is announcing receipt of a proposed amendment to the
Missouri regulatory program (hereinafter the ``Missouri program'')
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA).
The proposed Amendment consists of revisions to the Missouri statutes
pertaining to requirements and procedures for adoption of new or
amended rules. The amendment is intended to revise the Missouri program
to be consistent with the corresponding Federal regulations and SMCRA.
DATES: Written comments must be received by 4:00 p.m., c.d.t., May 2,
1996. If requested, a public hearing on the proposed amendment will be
held on April 29, 1996. Requests to speak at the hearing must be
received by 4:00 p.m., c.d.t., April 17, 1996.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Brent Wahlquist, Regional Director, Mid-
Continent Regional Coordinating Center, at the address listed below.
Copies of the Missouri 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 Mid-Continent Regional
Coordinating Center.
Brent Wahlquist, Regional Director, Mid-Continent Regional Coordinating
Center, Office of Surface Mining Reclamation and Enforcement, Alton
Federal Building, 501 Belle Street, Alton, Illinois, 62002, Telephone:
(618) 463-6460.
Missouri Department of Natural Resources, Land Reclamation Program, 205
Jefferson Street, P.O. Box 176, Jefferson City Missouri, 65102,
Telephone: (573) 751-4041.
FOR FURTHER INFORMATION CONTACT: Brent Wahlquist, Regional Director,
Mid-Continent Regional Coordinating Center, Telephone: (618) 463-6460.
SUPPLEMENTARY INFORMATION:
I. Background on the Missouri Program
On November 21, 1980, the Secretary of Interior conditionally
approved the Missouri program. General background information on the
Missouri program, including the Secretary's findings, the disposition
of comments, and the conditions of approval of the Missouri program can
be found in the November 21, 1980, Federal Register (45 FR 77017).
Subsequent actions concerning Missouri's program and program amendments
can be found at 30 CFR 925.12, 925.25 and 925.16.
II. Description of the Proposed Amendment
By letter dated March 20, 1996 (Administrative Record No. MO-637),
Missouri submitted a proposed amendment to its program pursuant to
SMCRA. Missouri submitted the proposed amendment at its own initiative.
The proposed amendment concerns changes to the Missouri Surface Coal
Mining Law contained in Senate Bill No. 3. The provisions of the
Revised Statutes of Missouri (RSMo) that Missouri proposes to amend are
discussed below.
1. RSMo 444.800.5 Rules May Be Suspended and Reinstated
Missouri proposes to remove the provision at RSMo 444.800.5
concerning the authority of the joint committee on administrative rules
to suspend and reinstate a rule based upon specified circumstances.
2. RSMo 444.810.2 Powers of Commission
Missouri proposes to remove the existing provisions at RSMo
444.810.2 through 8 concerning requirements and procedures for adoption
of new or amended rules and to add the following new provision at RSMo
444.810.2.
No rule or portion of a rule promulgated under the authority of
sections 444.800 to 444.970 shall become effective unless it has
been promulgated pursuant to the provisions of section 536.024,
RSMo.
[[Page 14518]]
3. RSMo 444.950.2 Phase I Reclamation Bond Requirement
Missouri proposes to remove the existing provisions at RSMo
444.950.2 through 8 concerning requirements and procedures for adoption
of new or amended rules; to add the following new provision at RSMo
444.950.2; and to redesignate RSMo 444.950.9 through 11 as RSMo
444.950.3 through 5.
No rule or portion of a rule promulgated under the authority of
sections 444.800 to 444.970 shall become effective unless it has
been promulgated pursuant to the provisions of section 536.024,
RSMo.
4. Missouri also submitted a copy of Chapter 536 of RSMo,
Administrative Procedure and Review, which is referenced in the
proposed revisions to RSMo 444.810 and 444.950.
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 Missouri 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 Mid-Continent Regional
Coordinating Center 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.d.t., on April 17, 1996. If no one requests an opportunity to speak
at the public hearing, the hearing will not be held.
The location and time of the hearing will be arranged with those
persons requesting the hearing. 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. 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 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 hearing, 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
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(2)(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 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 925
Intergovernmental relations, Surface mining, Underground mining.
Dated: March 26, 1996.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 96-7950 Filed 4-1-96; 8:45 am]
BILLING CODE 4310-05-M
