[Federal Register Volume 62, Number 231 (Tuesday, December 2, 1997)]
[Proposed Rules]
[Pages 63685-63687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31579]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 926

[SPATS No. MT-018-FOR]


Montana Regulatory Program

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

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

-----------------------------------------------------------------------

SUMMARY: Office of Surface Mining Reclamation and Enforcement (OSM) is 
announcing receipt of additional explanatory information pertaining to 
a previously proposed amendment to the Montana regulatory program 
(hereinafter, the ``Montana program'') under the Surface Mining Control 
and Reclamation Act of 1977 (SMCRA). The additional explanatory 
information for Montana's proposed rules pertain to permit requirements 
and a notice of intent to prospect. The amendment is intended to revise 
the Montana program to provide additional safeguards, clarify 
ambiguities, and improve operational efficiency.

DATES: Written comments must be received by 4:00 p.m., m.s.t. December 
17, 1997.


[[Page 63686]]


ADDRESSES: Written comments should be mailed or hand delivered to Guy 
Padgett at the address listed below.

    Copies of the Montana 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, Room 2128, Casper, 
WY, 82601-1918, Telephone: (307) 261-5776.
Steve Welch, Chief, Industrial and Energy Minerals Bureau, Montana 
Department of Environmental Quality, P.O. Box 200901, Helena, MT, 
59620-0091, Telephone: (406) 444-4964.

FOR FURTHER INFORMATION CONTACT:
Guy Padgett, Telephone: (307) 261-5776.

SUPPLEMENTARY INFORMATION: 

I. Background on the Montana Program

    On April 1, 1980, the Secretary of the Interior conditionally 
approved the Montana program. General background information on the 
Montana program, including the Secretary's findings, the disposition of 
comments, and conditions of approval of the Montana program can be 
found in the April 1, 1980, Federal Register (45 FR 21560). Subsequent 
actions concerning Montana's program and program amendments can be 
found at 30 CFR 926.15, 926.16, and 926.30.

II. Proposed Amendment

    By letter dated March 5, 1996, Montana submitted a proposed 
amendment to its program pursuant to SMCRA (30 U.S.C. 1201 et seq.) 
(Administrative Record No. MT-15-01). Montana submitted the proposed 
amendment at its own initiative. The provisions of the Administrative 
Rules of Montana that Montana proposed to revise were: 26.4.410, permit 
renewal; 26.4.1001, permit requirement; and 26.4.1001A, notice of 
intent to prospect.
    OSM announced receipt of the proposed amendment in the April 10, 
1996, Federal Register (61 FR 15910), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (Administrative Record No. MT-15-04). 
Because no one requested a public hearing or meeting, none was held. 
The public comment period ended on May 10, 1996.
    During its review of the amendment, OSM identified concerns 
relating to the requirements for prospecting permits and notices of 
intent to prospect at 26.4.1001(1)(a) and 26.4.1001A(1) and (1)(b)(ii). 
OSM notified Montana of the concerns by letter dated December 6, 1996 
(Administrative Record No. MT-15-09). Montana responded in a letter 
dated November 6, 1997, by submitting additional explanatory 
information (Administrative Record No. MT-15-12).
    Specifically, Montana has submitted a proposed statute revision 
contained in another rulemaking (SPATS No. MT-017-FOR; Administrative 
Record No. MT-14-11) to address OSM's concerns with permit requirements 
and a notice of intent to prospect. Instead of revising the proposed 
rules, Montana explains that proposed changes to the statute at Montana 
Code Annotated (MCA) 82-4-226(8) to require a permit for prospecting 
when more than 250 tons of coal would be removed, would resolve OSM's 
identified deficiency.

III. Public Comment Procedures

    OSM is reopening the comment period on the proposed Montana program 
amendment to provide the public an opportunity to reconsider the 
adequacy of the proposed amendment in light of the additional materials 
submitted. 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 of 30 CFR 732.15. If the amendment 
is deemed adequate, it will become part of the Montana program.
    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.

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 63687]]

List of Subjects in 30 CFR Part 926

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: November 20, 1997.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 97-31579 Filed 12-1-97; 8:45 am]
BILLING CODE 4310-05-M