[Federal Register Volume 62, Number 180 (Wednesday, September 17, 1997)]
[Proposed Rules]
[Pages 48807-48809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24683]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 934
[OSM SPATS No. ND-035-FOR, North Dakota Amendment No. XXV]
North Dakota 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: The Office of Surface Mining Reclamation and Enforcement (OSM)
is announcing receipt of a 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
proposed amendment consists of revisions to rules pertaining to a
proposal to eliminate the requirement for companies to submit a copy of
the federal reclamation fee report, changes to revegetation success
standards, and a new rule on inspection frequencies for inactive mines.
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. October
17, 1997. If requested, a public hearing on the proposed amendment will
be held on October 14, 1997. Requests to present oral testimony at the
hearing must be received by 4:00 p.m., m.d.t. on October 2, 1997.
ADDRESSES: Written comments should be mailed or hand delivered to Guy
Padgett 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, State Capitol, Bismarck, North Dakota 58505, Telephone:
(701) 328-2252
FOR FURTHER INFORMATION CONTACT: Guy Padgett, (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
[[Page 48808]]
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 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 69-05.2-22-07, concerning
reclamation success standards for woodlands and shelterbelts; and the
addition of NDAC 69-05.2-28, concerning inspections on inactive mine
sites.
Specifically, North Dakota proposes to: (1) delete its requirement
that mining companies provide the Public Service Commission with a copy
of the Coal Production and Reclamation Fee Report that is submitted to
OSM; (2) revise North Dakota's rules concerning revegetation standards
for reclaimed woodlands and shelterbelts, which require that at least
eighty percent of the trees, shrubs and half-shrubs counted for meeting
standards be in place for at least six years, and deem the standard
satisfied if the mine operator demonstrates that no tree, shrub or
half-shrub replanting has occurred during the last six years of the
responsibility period; (3) give mining companies the option of proving
reclamation success for three out of five consecutive years, starting
no sooner than the eighth year of the responsibility period; and (4)
add a rule to reduce the number of inspections from twelve to four per
year that must be conducted on inactive mine sites at mines where coal
production has permanently ceased and all disturbed areas have been
reclaimed and revegetated.
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 on 30 CFR 732.15. If the amendment
is deemed adequate, it will become part of the North Dakota 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.d.t. on October 2, 1997. 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 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
[[Page 48809]]
on any governmental entity of the private sector.
List of Subjects in 30 CFR Part 934
Intergovernmental relations, Surface mining, Underground mining.
Dated: September 9, 1997.
Peter A. Rutledge,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 97-24683 Filed 9-16-97; 8:45 am]
BILLING CODE 4310-05-M
