[Federal Register Volume 66, Number 101 (Thursday, May 24, 2001)]
[Proposed Rules]
[Pages 28680-28682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13157]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 /
Proposed Rules
[[Page 28680]]
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 926
[SPATS No. MT-022-F0R]
Montana 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 Montana regulatory
program (hereinafter, the ``Montana program'') under the Surface Mining
Control and Reclamation Act of 1977 (SMCRA). Montana proposes a
statutory revision concerning the transfer of a revoked permit. Montana
intends to revise its program to improve operational efficiency.
DATES: We will accept written comments on this amendment until 4 p.m.,
m.d.t. June 25, 2001. If requested, we will hold a public hearing on
the amendment on June 18, 2001. We will accept requests to speak until
4 p.m., m.d.t. on June 8, 2001.
ADDRESSES: You should mail or hand deliver written comments and
requests to speak at the hearing to Guy Padgett at the address listed
below. You may review copies of the Montana program, this amendment, a
listing of any scheduled public hearings, and all written comments
received in response to this document at the addresses listed below
during normal business hours, Monday through Friday, excluding
holidays. You may receive one free copy of the 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, WY 82601-1918.
Neil Harrington, Acting Chief, Industrial and Energy Minerals Bureau,
Montana Department of Environmental Quality, 1520 E. Sixth Ave.,
Helena, Montana 59620-0901, Telephone: (406) 444-4973.
FOR FURTHER INFORMATION CONTACT: Guy Padgett, Telephone: (307) 261-
6550. Internet: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Montana Program.
II. Description of the Proposed Amendment.
III. Public Comment Procedures.
IV. Procedural Determinations.
I. Background on the Montana Program
On April 1, 1980, the Secretary of the Interior conditionally
approved the Montana program. You can find background information on
the Montana program, including the Secretary's findings, the
disposition of comments, and conditions of approval of the Montana
program in the April 1, 1980, Federal Register (45 FR 21560). You can
also find later actions concerning Montana's program and program
amendments at 30 CFR 926.15, 926.16, and 926.30.
II. Description of the Proposed Amendment
By letter dated April 27, 2001, Montana sent us a proposed
amendment to its program (Administrative Record No. MT-19-01) under
SMCRA (30 U.S.C. 1201 et seq.). Montana sent the amendment in response
to a statutory revision passed by the 2001 Montana legislature. The
full text of the program amendment is available for you to read at the
locations listed above under ADDRESSES.
Specifically, Montana proposes to provide that a revoked permit
will not terminate until 5 years after revocation, or until substantial
revegetation occurs; that a person applying for the transfer of a
revoked permit that has not terminated shall submit an application to
the department that contains the information required for a permit
applicant in Montana's statutes and that upon receipt on such
application, the department shall cease reclamation activities on the
permit area; that a person applying for a revoked permit need not
submit any additional information unless the department can show that
significant changes in the environmental baseline data have occurred;
that the department may not prepare a review for permit transfer unless
the department can show that the operation has caused or may cause
significant impacts that have not been analyzed previously in an
environmental review document; that the department shall process
applications under timeframes already in the statutes; that following
public comment period, the department shall transfer the permit when
the new operator provides proof of site ownership or control and
adequate bonding, with the requirement that prior to creating
additional surface disturbance, all preexisting permit deficiencies and
modifications necessary shall be corrected to the satisfaction of the
department and that any preestablished environmental monitoring
requirements continue; that under certain conditions the permit may not
be transferred; that the department is not required to reimburse the
former permittee or surety for funds expended for reclamation,
monitoring or site maintenance; and that this statute does not apply to
the revocation or transfer of an operating permit on Federal lands.
III. Public Comment Procedures.
Under the provisions of 30 CFR 732.17(h), OSM requests your
comments on whether the amendment satisfies the applicable program
approval criteria of 30 CFR 732.15. If we approve the amendment, it
will become part of the Montana program.
Written Comments
Send your written comments to OSM at the address given above. Your
written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of
your recommendations. In the final rulemaking, we will not necessarily
consider or include in the administrative record any comments received
after the time indicated under DATES or at locations other than the
Casper Field Office.
Electronic Comments
Please submit Internet comments as an ASCII file avoiding the use
of special characters and any form of encryption. Please also include
``Attn: SPATS No. MT-022-FOR'' and your name and return address in your
Internet message. If you do not receive a confirmation that we have
received your Internet message,
[[Page 28681]]
contact the Casper Field Office at (307) 261-6550.
Availability of Comments
We will make comments, including names and addresses of
respondents, available for public review during normal business hours.
We will not consider anonymous comments. If individual respondents
request confidentiality, we will honor their request to the extent
allowable by law. Individual respondents who wish to withhold their
name or address from public review, except for the city or town, must
state this prominently at the beginning of their comments. We will make
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public review in their entirety.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., m.d.t. on June
8, 2001. If you are disabled and need special accommodations to attend
a public hearing, contact the person listed under FOR FURTHER
INFORMATION CONTACT. We will arrange the location and time of the
hearing with those persons requesting the hearing. If no one requests
an opportunity to speak, we will not hold the hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at a public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone scheduled to
speak has been heard. If you are in the audience and have not been
scheduled to speak and wish to do so, you will be allowed to speak
after those who have been scheduled. We will end the hearing after
everyone scheduled to speak and others present in the audience who wish
to speak, have been heard.
Public Meeting
If only one person requests an opportunity to speak, we may hold a
public meeting rather than a public hearing. If you wish to meet with
us to discuss the amendment, please request a meeting by contacting the
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings
are open to the public and, if possible, we will post notices of
meetings at the locations listed under ADDRESSES. We will make a
written summary of each meeting a part of the Administrative Record.
IV. Procedural Determinations
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal
regulations.
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.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 and has determined that, to the
extent allowable 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 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 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. Section 503(a)(7) requires
that State programs contain rules and regulations ``consistent with''
regulations issued by the Secretary pursuant to SMCRA.
National Environmental Policy Act
Section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that a
decision on a proposed State regulatory program provision does not
constitute a major Federal action within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)). A determination has been made that such decisions are
categorically excluded from the NEPA process (516 DM 8.4.A).
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 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, geographic regions, or Federal, State or local governmental
agencies; 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
This rule will not impose a cost of $100 million or more in any
given year
[[Page 28682]]
on any governmental entity or the private sector.
List of Subjects in 30 CFR Part 926
Intergovernmental relations, Surface mining, Underground mining.
Dated: May 14, 2001.
Peter Rutledge,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 01-13157 Filed 5-23-01; 8:45 am]
BILLING CODE 4310-05-P