Permanent program and abandoned mine land reclamation plan submissions: North Dakota,

[Federal Register: April 15, 1999 (Volume 64, Number 72)]

[Proposed Rules]

[Page 18586-18587]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr15ap99-25]

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 934

[SPATS No. ND-039-FOR; North Dakota Amendment No. XXVIII]

North Dakota Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), Interior.

ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.

SUMMARY: 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 a North Dakota statute pertaining to who may preside over formal hearings and informal conferences. The amendment is intended to revise a North Dakota statute to be consistent with its counterpart regulation.

DATES: We will accept written comments until 4:00 p.m., m.d.t. on May 17, 1999. If requested, a public hearing on the proposed amendment will be held on May 10, 1999. We will accept requests to present oral testimony at the hearing until 4:00 p.m., m.d.t. on April 30, 1999.

ADDRESSES: You should mail or hand-deliver written comments to Guy Padgett at the address shown 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 shown below during normal business hours, Monday through Friday, excluding holidays. Also, we will send one free copy of the proposed amendment to you if you contact the 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, Telephone: 307/261-6550, Internet: GPadgett@OSMRE.GOV James R. Deutsch, Director, Reclamation Division, North Dakota Public Service Commission, 600 E. Boulevard Ave., Dept. 408, Bismarck, North Dakota 58505-0480, Telephone: 701/328-2400.

FOR FURTHER INFORMATION CONTACT: Guy Padgett, Telephone: 307/261-6550. Internet: GPadgett@OSMRE.GOV.

SUPPLEMENTARY INFORMATION:

1. Background of the North Dakota Program To Regulate Surface Coal Mining

   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 and 934.16.

2. Proposed Amendment

   In a letter dated March 31, 1999, North Dakota submitted a proposed amendment to its program to regulate surface coal mining pursuant to SMCRA (North Dakota Amendment number XXVIII), administrative record No. ND-CC-01, 30 U.S.C. 1201 et seq.). North Dakota submitted the proposed amendment at its own initiative in order to make the statute, the North Dakota Century Code (NDCC), consistent with its regulation, the North Dakota Administrative Code (NDAC), and also to make it in compliance with SMCRA. The provision of NDCC that North Dakota proposes to revise is: NDCC Chapter 38-14.1-30, Administrative review of commission rulings--Formal hearings. Specifically, North Dakota proposes to revise its statute to state that no person who presides over an informal conference in reference to a permit application may preside at a formal administrative hearing or participate in making the final administrative decision.

3. What To Do if You Want To Comment on the Proposed Statute Change

   In accordance with the provisions of 30 CFR 732.17(h), we are 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 to regulate surface coal mining.

   1. Written Comments

      Your 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

      Anyone 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 April 30, 1999. Anyone who is physically challenged and who has need for special accommodations to attend a public hearing should contact the person 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, it will not be held.

      We request that you file a written statement at the time of the hearing since it would assist the transcriber. Submission of written statements in advance of the hearing will allow us to prepare adequate responses and appropriate questions.

      The public hearing will continue on the specified date until everyone scheduled to testify has been heard. Anyone in the audience who has not been scheduled to testify, and who wishes to do so, will be heard following those who have been scheduled. The hearing will end after everyone scheduled to testify and anyone in the

      [[Page 18587]]

      audience who wishes to testify has 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 us 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.

4. 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 Subjects in 30 CFR Part 934

      Intergovernmental relations, Surface mining, Underground mining.

      Dated: April 7, 1999. Brent Walquist, Regional Director, Western Regional Coordinating Center.

      [FR Doc. 99-9413Filed4-14-99; 8:45 am]

      BILLING CODE 4310-05-M