[Federal Register Volume 62, Number 171 (Thursday, September 4, 1997)]
[Proposed Rules]
[Pages 46695-46697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23423]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 934

[ND-032-FOR; Amendment No. XXII]


North Dakota Regulatory Program

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

ACTION: Proposed rule; reopening and extension of public comment period 
on proposed amendment.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is announcing receipt of a revision to a previously 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 revision for North Dakota's proposed rules pertain to 
individual civil penalties. The amendment is intended to revise the 
North Dakota program to be consistent with the corresponding Federal 
regulations.

DATES: Written comments must be received by 4:00 p.m., m.d.t., 
September 19, 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 revision to the 
proposed amendment, 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

[[Page 46696]]

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, Room 2128, Casper, 
Wyoming 82601-1918, Telephone: (307) 261-6550, Internet: 
[email protected]
James R. Deutsch, Director, Reclamation Division, Public Service 
Commission, Bismarck, North Dakota 58505-0480, Telephone: (701) 328-
2400
FOR FURTHER INFORMATION CONTACT:
Guy Padgett, Telephone: (307) 261-6550.

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 14, 1980, Federal Register (45 FR 
82214). Subsequent actions concerning North Dakota's program and 
program amendments can be found at 30 CFR 934.15, 934.16, and 934.30.

II. Proposed Amendment

    By letter dated April 12, 1995, North Dakota submitted a proposed 
amendment to its program (amendment No. XXII, administrative record No. 
ND-W-1) pursuant to SMCRA. (30 U.S.C. 1201 et seq.) North Dakota 
submitted the proposed amendment in response to the required program 
amendments at 30 CFR 934.16(y) and (z).
    OSM announced receipt of the proposed amendment in the May 2, 1995 
Federal Register (60 FR 21484), provided an opportunity for a public 
hearing or meeting on its substantive adequacy, and invited public 
comment on its adequacy (administrative record No. ND-W-04). Because no 
one requested a public hearing or meeting, none was held. The public 
comment period ended on June 1, 1995.
    During its review of the proposed amendment, OSM identified 
concerns and notified North Dakota of the concerns by letter dated 
August 28, 1995 (administrative record No. ND-W-12). North Dakota 
responded in a letter dated October 19, 1995.
    Subsequently, on July 30, 1997, OSM notified North Dakota by 
telephone of an additional concern (administrative record No. ND-W-17). 
In response, North Dakota proposed a revision to its proposed coal 
exploration regulations at North Dakota Administrative Code (NDAC) 43-
02-001 (administrative record No. ND-W-18).
    Specifically, North Dakota proposes to further revise its proposed 
regulations at NDAC 43-02-01 dealing with individual civil penalties, 
from: ``any director, officer, or agent of such corporation who 
willfully and knowingly authorized or carried out such violation * * 
*.'' (emphasis added); to: ``any director, officer, or agent of such 
corporation who willfully or knowingly authorized or carried out such 
violation * * *'' (emphasis added). The only change is that the word 
``and'' would be replaced by the word ``or.'' According to North 
Dakota, the intent of the resulting requirement in North Dakota's 
regulations at NDAC 43-02-01 is that it would then be consistent with 
the requirement in North Dakota's statute at NDCC 38-12.1-08, upon 
which the requirement in North Dakota's regulations is based.

III. Public Comment Procedures

    OSM is reopening the comment period on the proposed program 
amendment to provide the public an opportunity to reconsider the 
adequacy of the proposed amendment in light of the additional material 
submitted. In accordance with the provisions of 30 CFR 732.17(h), OSM 
is seeking comments on whether the proposed revision to the proposed 
amendment satisfies the applicable program criteria of 30 CFR 732.15. 
If the revision and the amendment are deemed adequate, they will become 
part of the North Dakota program.
    Written comments should be specific, pertain only to the issue 
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.

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 on any governmental entity or the private sector.

[[Page 46697]]

List of Subjects in 30 CFR Part 934

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: August 27, 1997.
Russell F. Price,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 97-23423 Filed 9-3-97; 8:45 am]
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