[Federal Register Volume 66, Number 222 (Friday, November 16, 2001)]
[Rules and Regulations]
[Pages 57660-57662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28759]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 934
[SPATS No. ND-042-FOR; Amendment No. XXXI]
North Dakota Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is approving 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 or the Act). North
Dakota proposed revisions to its statutes concerning references to the
State Historical Society and the title of the persons who head that
agency. North Dakota revised its program to clarify ambiguities.
EFFECTIVE DATE: November 16, 2001.
FOR FURTHER INFORMATION CONTACT: Guy Padgett, Casper Field Office
Director, Telephone: 307/261-6550; Internet address: [email protected]
SUPPLEMENTARY INFORMATION:
I. Background on the North Dakota Program
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations
I. Background on the North Dakota Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its program includes, among other things, ``* * * a State law which
provides for the regulation of surface coal mining and reclamation
operations in accordance with the requirements of the Act * * *; and
rules and regulations consistent with regulations issued by the
Secretary pursuant to the Act.'' See 30 U.S.C. 1253(a)(1) and (7). On
the basis of this criteria, the Secretary of the Interior conditionally
approved the North Dakota program on December 15, 1980. You can find
background information on the North Dakota program, including the
Secretary's findings, the disposition of comments, and conditions of
approval in the December 15, 1980, Federal Register (45 FR 82214). You
can also find later actions concerning North Dakota's program and
program amendments at 30 CFR 934.15, and 934.30.
II. Submission of the Proposed Amendment
By letter dated May 9, 2001, North Dakota sent us an amendment to
its program (Amendment number XXXI), administrative record No. ND-FF-
01) under SMCRA (30 U.S.C. 1201 et seq.). North Dakota sent the
amendment to make changes at its own initiative.
We announced receipt of the proposed amendment in the June 6, 2001
Federal Register (66 FR 30347). In the same document, we opened the
public comment period and provided an opportunity for a public hearing
or meeting on the amendment's adequacy (administrative record No. ND-
FF-04). We did not hold a public hearing or meeting because no one
requested one. The public comment period ended on July 5, 2001. We
received one comment from the public and two comments from Federal
agencies.
III. Director's Findings
Following are the findings we made concerning the amendment under
SMCRA and the Federal regulations at 30 CFR 732.15 and 732.17. We are
approving the amendment.
Minor Revisions to North Dakota Statutes
North Dakota proposed minor wording and editorial changes in its
Senate Bill 2424 to the following previously-approved statute:
North Dakota Century Code Section 38-14.1, Surface Mining and
Reclamation Operations
Section 4. Amendment. NDCC 38-14.1-10. Necessity of Permit--
Exception.
Changes the name of the State Historical Board to the State
Historical Society and the name of the superintendent to the director.
Changes two ``prior tos'' to ``before.'' Changes ``Any person or
operator may engage in the inventorying and evaluation of cultural
resources * * *.'' to ``A person or operator shall * * *.'' A few other
minor changes were made.
Section 5. Amendment. NDCC 38-14.1-14.u. Cultural resource
information including all of the following:
Changes in five places, ``superintendent'' to ``director.''
Changes in one place, ``board'' to ``society.''
Section 6. Amendment. NDCC 38-14.1-21.2. Approval or modification
of the permit or permit revision application.
Changes ``board'' to ``society.''
Changes ``shall'' to ``must.''
Section 7. Amendment. NDCC 38-14.1-30.1. Right to administrative
review on rulings.
Changes ``board'' to ``society.'' Changes ``superintendent'' to
``director.'' Miscellaneous very minor editorial changes.
Section 8. Amendment. NDCC 38-14.1-37.2.d. Collection of cultural
resource information.
Changes ``board'' to ``society'' and changes ``superintendent'' to
``director.''
Because all of the aforementioned changes are minor, we find that
they
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will not make North Dakota's statutes less stringent than SMCRA.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment (administrative
record No. ND-FF-03) and received one comment letter as a result: a
June 15, 2001, letter from the North Dakota State University Extension
Service stating that it is in agreement with the proposed amendment.
Federal Agency Comments
Under 30 CFR 732.17(h)(11)(i) and section 503(b) of SMCRA, we
requested comments on the amendment from various Federal agencies with
an actual or potential interest in the North Dakota program
(administrative record No. ND-FF-03). Two comment letters from Federal
agencies were received.
On May 24, 2001, the Natural Resources Conservation Service sent us
a letter (administrative record No. ND-FF-05) stating that it did not
have any comments.
On June 12, 2001, the U.S. Fish and Wildlife Service sent a letter
(administrative record No. ND-FF-06) stating it does ``not anticipate
any significant impacts to fish and wildlife resources as a result of
the proposed amendment.''
Environmental Protection Agency (EPA) Concurrence and Comments
Under 30 CFR 732.17(h)(11)(i), OSM requested comments on the
amendment from EPA (administrative record No. ND-FF-03). EPA did not
respond to our request.
State Historic Preservation Officer (SHPO) and the Advisory Council on
Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are required to request comments from
the SHPO and ACHP on amendments that may have an effect on historic
properties. On May 18, 2001, we requested their comments on North
Dakota's amendment (administrative record No. ND-FF-03), but neither
responded to our request.
V. Director's Decision
Based on the above findings, we approve the amendment sent to us by
North Dakota on May 9, 2001.
To implement this decision, we are amending the Federal regulations
at 30 CFR part 934.15, which codify decisions concerning the North
Dakota program. We find that good cause exists under 5 U.S.C. 553(d)(3)
to make this final rule effective immediately. Section 503(a) of SMCRA
requires that the State's program demonstrates that the State has the
capability of carrying out the provisions of the Act and meeting its
purposes. Making this rule effective immediately will expedite that
process.
VI. Procedural Determinations
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart federal regulation.
Executive Order 13132--Federalism
This rule does not have federalism implications. SMCRA delineates
the roles of the federal and state governments with regard to the
regulation of surface coal mining and reclamation operations. One of
the purposes of SMCRA is to ``establish a nationwide program to protect
society and the environment from the adverse effects of surface coal
mining operations.'' Section 503(a)(1) of SMCRA requires that state
laws regulating surface coal mining and reclamation operations be ``in
accordance with'' the requirements of SMCRA, and section 503(a)(7)
requires that state programs contain rules and regulations ``consistent
with'' regulations issued by the Secretary pursuant to SMCRA.
Executive Order 12988--Civil Justice Reform
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.
Executive Order 13211 Regulations That Significantly Affect the Supply,
Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Since this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
This rule does not require an environmental impact statement
because 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 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.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business
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Regulatory Enforcement Fairness Act. This rule:
a. Does not have an annual effect on the economy of $100 million;
b. Will not cause a major increase in costs or prices for
consumers, individual industries, federal, state, or local government
agencies, or geographic regions; and
c. Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S. based enterprises to compete with foreign-based enterprises.
This determination is based upon the fact that the state submittal
which is the subject of this rule is based upon counterpart Federal
regulations for which an analysis was prepared and a determination made
that the Federal regulation was not considered a major rule.
Unfunded Mandates
OSM has determined and certifies under the Unfunded Mandates Reform
Act (2 U.S.C. 1502 et seq.) that this rule will not impose a cost of
$100 million or more in any given year on any local, State, or Tribal
governments or private entities.
List of Subjects in 30 CFR Part 934
Intergovernmental relations, Surface mining, Underground mining.
Dated: September 12, 2001.
Brent Wahlquist,
Regional Director, Western Regional Coordinating Center.
For the reasons set out in the preamble, 30 CFR part 934 is amended
as set forth below:
PART 934--NORTH DAKOTA
1. The authority citation for part 934 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 934.15 is amended in the table by adding a new entry in
chronological order by ``Date of Final Publication'' to read as
follows:
Sec. 934.15 Approval of North Dakota's regulatory program amendments.
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Original amendment submission date Date of final publication Citation/description
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May 9, 2001........................... November 16, 2001............. NDCC 38-14.1
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[FR Doc. 01-28759 Filed 11-15-01; 8:45 am]
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