[Federal Register Volume 74, Number 154 (Wednesday, August 12, 2009)]
[Proposed Rules]
[Pages 40537-40539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19362]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 926
[SATS No: MT-030-FOR; Docket ID: OSM-2009-0007]
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: We are 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'' or
``the Act''). Montana proposes revisions to the statute, the Montana
Code Annotated (MCA), about determination of revegetation success and
final bond release. Montana intends to revise its program to improve
operational efficiency.
This document gives the times and locations that the Montana
program and proposed amendment to that program are available for your
inspection, the comment period during which you may submit written
comments on the amendment, and the procedures that we will follow for
the public hearing, if one is requested.
DATES: We will accept written comments on this amendment until 4 p.m.,
m.d.t. September 11, 2009. If requested, we will hold a public hearing
on the amendment on September 8, 2009. We will accept requests to speak
until 4 p.m., m.d.t. on August 27, 2009.
ADDRESSES: You may submit comments by either of the following two
methods:
Federal eRulemaking Portal: http://http://www.regulations.gov .
This proposed rule has been assigned Docket ID: OSM-2009-0007. If you
would like to submit comments through the Federal eRulemaking Portal,
go to http://www.regulations.gov and do the following. Click on the
``Advanced Docket Search'' button on the right side of the screen. Type
in the Docket ID ``OSM-2009-0007'' and click the ``Submit'' button at
the bottom of the page. The next screen will display the Docket Search
Results for the rulemaking. If you click on OSM-2009-0007, you can view
the proposed rule and submit a comment. You can also view supporting
material and any comments submitted by others.
Mail/Hand Delivery/Courier: Jeffrey Fleischman, Director,
Casper Field Office, Office of Surface Mining Reclamation and
Enforcement, Federal Building, 150 East B Street, Rm. 1018, Casper,
Wyoming 82601-1018.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see the ``III. Public Comment
Procedures'' in the SUPPLEMENTARY INFORMATION section of this document.
In addition to viewing the docket and obtaining copies of documents
at http://www.regulations.gov, you may review copies of the Montana
program, this amendment, a listing of any 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 also receive one free copy of the amendment
by contacting OSM's Casper Field Office.
Jeffrey Fleischman, Director, Casper Field Office, Office of
Surface Mining Reclamation and Enforcement, Federal Building, 150 East
B Street, Casper, Wyoming 82601-1018, 307/261-06547,
[email protected].
Neil Harrington, Chief, Industrial and Energy Minerals Bureau,
Montana Department of Environmental Quality, 1520 E. Sixth Avenue, P.O.
Box 200901, Helena, Montana, 406/444-4972, [email protected].
FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Telephone: 307/
261-6547. 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
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 State 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 this Act * * *; and
rules and regulations consistent with regulations issued by the
Secretary pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On
the basis of these criteria, the Secretary of the Interior
conditionally approved the Montana program on April 1, 1980. 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 May 12, 2009, Montana sent us a proposed amendment
to its program [Administrative Record Docket ID No. OSM-2009-0007 under
SMCRA (30 U.S.C. 1201 et seq.)] to include the changes made at its own
initiative. The full text of the program amendment is available for you
to read at the locations listed above under ADDRESSES.
Specifically, Montana proposes changes to MCA 82-4-235(2), (3), and
(4), Determination of successful revegetation--final bond release. The
proposed change to subsection (2) would add a reference to proposed new
subsection (3). Proposed new subsection (3) is modeled after a similar
provision in North Dakota's Policy Memorandum No. 20 to Mine Operators,
dated January 29, 2009 (Revised). This new provision would exempt
selected disturbances from the minimum 10-year revegetation liability
period. Exempted disturbances could include sedimentation ponds,
topsoil stockpiles, roads, and other water management or support
facilities areas up to a maximum of 10% of any area for which bond
release is sought.
Former subsection (3) would be recodified as subsection (4).
Additional changes proposed to this subsection include adding a
reference to new subsection (3) and editorial changes resulting from
those changes proposed above.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking 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.
Electronic or Written Comments
If you submit written comments, they should be specific, confined
to issues pertinent to the proposed regulations, and explain the reason
for any recommended change(s). We appreciate any and all comments, but
those most useful and likely to influence decisions on the final
regulations will be those that either involve personal experience or
include citations to and analyses of SMCRA, its legislative history,
its implementing regulations, case law, other pertinent Tribal or
Federal laws or
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regulations, technical literature, or other relevant publications.
We cannot ensure that comments received after the close of the
comment period (see DATES) or sent to an address other than those
listed above (see ADDRESSES) will be included in the docket for this
rulemaking and considered.
Public Availability of Comments
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available in the electronic docket
for this rulemaking at http://www.regulations.gov. While you can ask us
in your comment to withhold your personal identifying information from
public review, we cannot guarantee that we will be able to do so.
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
August 27, 2009. If you are disabled and need reasonable 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. If only one
person expresses an interest, a public meeting rather than a hearing
may be held, with the results included in the docket for this
rulemaking.
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 given an opportunity to be 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.
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 regulation.
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 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 because
each 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.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on Federally recognized Indian Tribes
and have determined that the rule does not have substantial direct
effects on one or more Indian Tribes, on the relationship between the
Federal government and Indian Tribes, or on the distribution of power
and responsibilities between the Federal government and Indian Tribes.
The rule does not involve or affect Indian Tribes in any way.
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. Because 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. 4321 et
seq.).
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.
3501 et seq.).
Regulatory Flexibility Act
The Department of the Interior certifies 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. 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), of the Small
Business Regulatory Enforcement Fairness Act. This rule:
a. Does not have an annual effect on the economy of $100 million.
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b. Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
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 an unfunded Mandate on State, local, or
tribal governments or the private sector of $100 million or more in any
given year. 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 did not impose an
unfunded mandate.
List of Subjects in 30 CFR Part 926
Intergovernmental relations, Surface mining, Underground mining.
Dated: June 10, 2009.
Allen D. Klein,
Regional Director, Western Region.
[FR Doc. E9-19362 Filed 8-11-09; 8:45 am]
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