[Federal Register Volume 62, Number 180 (Wednesday, September 17, 1997)]
[Proposed Rules]
[Pages 48807-48809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24683]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 934

[OSM SPATS No. ND-035-FOR, North Dakota Amendment No. XXV]


North Dakota 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 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 rules pertaining to a 
proposal to eliminate the requirement for companies to submit a copy of 
the federal reclamation fee report, changes to revegetation success 
standards, and a new rule on inspection frequencies for inactive mines. 
The amendment is intended to revise the North Dakota program to improve 
operational efficiency.

DATES: Written comments must be received by 4:00 p.m., m.d.t. October 
17, 1997. If requested, a public hearing on the proposed amendment will 
be held on October 14, 1997. Requests to present oral testimony at the 
hearing must be received by 4:00 p.m., m.d.t. on October 2, 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 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 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, Wyoming 82601-1918
James R. Deutsch, Director, Reclamation Division, Public Service 
Commission, State Capitol, Bismarck, North Dakota 58505, Telephone: 
(701) 328-2252

FOR FURTHER INFORMATION CONTACT: Guy Padgett, (307) 261-6550; Internet 
address, [email protected].

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 15, 1980 Federal Register (45 FR 
82214). Subsequent actions concerning North Dakota's program and 
program amendments can

[[Page 48808]]

be found at 30 CFR 934.15, 934.16, and 934.30.

II. Proposed Amendment

    By letter dated August 29, 1997 North Dakota submitted a proposed 
amendment to its program pursuant to SMCRA (Amendment number XXV), 
administrative record No. ND-Z-01, 30 U.S.C. 1201 et seq.). North 
Dakota submitted the proposed amendment at its own initiative. The 
provisions of the North Dakota Administrative Code (NDAC) that North 
Dakota proposed to revise were: NDAC 69-05.2-13-01, concerning its Coal 
Production and Reclamation Fee Report; NDAC 69-05.2-22-07, concerning 
reclamation success standards for woodlands and shelterbelts; and the 
addition of NDAC 69-05.2-28, concerning inspections on inactive mine 
sites.
    Specifically, North Dakota proposes to: (1) delete its requirement 
that mining companies provide the Public Service Commission with a copy 
of the Coal Production and Reclamation Fee Report that is submitted to 
OSM; (2) revise North Dakota's rules concerning revegetation standards 
for reclaimed woodlands and shelterbelts, which require that at least 
eighty percent of the trees, shrubs and half-shrubs counted for meeting 
standards be in place for at least six years, and deem the standard 
satisfied if the mine operator demonstrates that no tree, shrub or 
half-shrub replanting has occurred during the last six years of the 
responsibility period; (3) give mining companies the option of proving 
reclamation success for three out of five consecutive years, starting 
no sooner than the eighth year of the responsibility period; and (4) 
add a rule to reduce the number of inspections from twelve to four per 
year that must be conducted on inactive mine sites at mines where coal 
production has permanently ceased and all disturbed areas have been 
reclaimed and revegetated.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is 
seeking comments on whether the proposed amendment satisfies the 
applicable program approval criteria on 30 CFR 732.15. If the amendment 
is deemed adequate, it will become part of the North Dakota program.

1. Written Comments

    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

    Persons 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 October 2, 1997. Any disabled individual who has need for a 
special accommodation to attend a public hearing should contact the 
individual 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, the hearing will not be held.
    Filing of a written statement at the time of the hearing is 
requested as it will greatly assist the transcriber. Submission of 
written statements in advance of the hearing will allow OSM officials 
to prepare adequate responses and appropriate questions.
    The public hearing will continue on the specified date until all 
persons scheduled to testify have been heard. Persons in the audience 
who have not been scheduled to testify, and who wish to do so, will be 
heard following those who have been scheduled. The hearing will end 
after all persons scheduled to testify and persons present in the 
audience who wish to testify have 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 OSM representatives 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.

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

[[Page 48809]]

on any governmental entity of the private sector.

List of Subjects in 30 CFR Part 934

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: September 9, 1997.
Peter A. Rutledge,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 97-24683 Filed 9-16-97; 8:45 am]
BILLING CODE 4310-05-M