[Federal Register Volume 63, Number 116 (Wednesday, June 17, 1998)]
[Proposed Rules]
[Pages 33022-33023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16128]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 934
[ND-035-FOR, Amendment No. XXV]
North Dakota Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; reopening and extension of public comment period
and opportunity for public hearing on proposed amendment.
-----------------------------------------------------------------------
SUMMARY Office of Surface Mining Reclamation and Enforcement (OSM) is
announcing receipt of additional explanatory information pertaining to
a previously proposed amendment to the North Dakota regulatory program
(hereinafter, the ``North Dakota program'') under the Surface Mining
Control and Reclamation Act of 1977 (SMCRA). The additional explanatory
information for North Dakota's proposed rules pertain to changes to
provisions on vegetation success standards for final bond release. The
amendment is intended to revise the North Dakota program to improve
operational efficiency.
DATES: Written comments must be received by 4:00 p.m., m.d.t., July 2,
1998. If requested, a public hearing on the proposed amendment will be
held on July 13, 1998. Requests to present oral testimony at the
hearing must be received by 4:00 p.m., m.d.t., on July 2, 1998.
ADDRESSES: Written comments should be mailed or hand delivered to Guy
Padgett, Field Office Director, at the address listed below.
Copies of the North Dakota 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 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
James R. Deutsch, Director, Reclamation Division, Public Service
Commission of North Dakota, State Capitol--600 E. Boulevard, Bismarck,
North Dakota 58505-0480, Telephone: (701) 328-2400.
FOR FURTHER INFORMATION CONTACT: Guy Padgett, Telephone: (307) 261-
6550; Internet address: gpadgett@osmre.gov.
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 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, 934.16, and 934.30.
II. Proposed Amendment
By letter dated August 29, 1997, North Dakota submitted a proposed
amendment to its program pursuant to SMCRA, Amendment number XXV,
administrative record No. ND-Z-01, 30 U.S.C. 1201 et seq.). North
Dakota submitted the proposed amendment at its own initiative. The
provisions of the
[[Page 33023]]
North Dakota Administrative Code (NDAC) that North Dakota proposed to
revise were: NDAC 69-05.2-13-01, concerning its Coal Production and
Reclamation Fee Report; NDAC 65-05.2-22-07, concerning reclamation
success standards for woodlands and shelter belts; and the addition of
NDAC 69-05.2-28, concerning inspections of inactive mines.
OSM announced receipt of the proposed amendment in the September
17, 1997, Federal Register (62 FR 48807), provided an opportunity for a
public hearing or meeting on its substantive adequacy, and invited
public comment on its adequacy (administrative record No. ND-Z-03).
Because no one requested a public hearing or meeting, none was held.
The public comment period ended at 4:00 p.m. on October 17, 1997.
During its review of the amendment, OSM identified concerns
relating to the provisions of NDAC 69-05.2-22-07.4.1, the timeframe for
proving reclamation success. OSM notified North Dakota of the concerns
in a telephone conversation of March 2, 1998 (administrative record No.
ND-Z-09). North Dakota responded in a letter dated April 23, 1998, by
submitting additional explanatory information (administrative record
No. ND-Z-10).
North Dakota submitted additional explanatory information for NDAC
69-05.2-22-07.4.1, concerning the timeframe for proving reclamation
success. North Dakota explains that an operator may demonstrate that
the applicable standards have been achieved for three out of five
consecutive years starting no sooner than the eighth year of the
responsibility period, as an alternative to meeting revegetation
success standards for the last two consecutive growing seasons of the
responsibility period. This alternative does not pertain to success
standards for prime farmlands.
III. Public Comment Procedures
OSM is reopening the comment period on the proposed North Dakota
program amendment to provide the public an opportunity to reconsider
the adequacy of the proposed amendment in light of the additional
materials submitted. 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 North
Dakota program.
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.
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 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 Subject in 30 CFR Part 934
Intergovernmental relations, Surface mining, Underground mining.
Dated: June 9, 1998.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 98-16128 Filed 6-16-98; 8:45 am]
BILLING CODE 4310-05-M
