[Federal Register Volume 63, Number 179 (Wednesday, September 16, 1998)]
[Rules and Regulations]
[Pages 49430-49434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24781]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 934

[SPATS ND-032-FOR, Amendment No. XXII]


North Dakota Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is approving a proposed amendment to the North Dakota 
regulatory program (hereinafter referred to as the ``North Dakota 
program'') under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). The revisions and information explaining those North Dakota's 
proposed rules and statutes which comprise the amendment pertain to: 
the North Dakota Small Operator Assistance Program, and individual 
civil and criminal penalties within the coal exploration section of the 
program. The amendment is intended to revise the North Dakota program 
to be consistent with the corresponding Federal regulations and SMCRA.

EFFECTIVE DATE: September 16, 1998.

FOR FURTHER INFORMATION CONTACT: Guy V. Padgett, Telephone: (307) 261-
6550; Fax: (307) 261-6552; Internet: GP[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 the conditions of approval of the North 
Dakota program can be found in the December 15, 1980, Federal Register 
(45 FR 82214). Subsequent actions concerning the North Dakota program 
and program amendments can be found at 30 CFR 934.12, 934.13, 934,15, 
and 934.16.

II. Proposed Amendment

    By letter dated April 12, 1995, North Dakota submitted a proposed 
amendment (amendment number XXII, administrative record No. ND-W-01) to 
its program 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) (59 FR 37423, 37428-374296; July 
22, 1994). The statutory provisions North Dakota proposed to revise 
are: North Dakota Century Code (NDCC) 38-14.1-37(4) concerning SOAP, 
reimbursement of costs, and NDCC 38-12.1-08, concerning coal 
exploration, individual civil and criminal penalties.
    OSM announced receipt of the proposed amendment in the May 2, 1995, 
Federal Register (60 FR 21484; administrative record No. ND-W-04), 
provided an opportunity for a public hearing or meeting on its 
substantive adequacy, and invited public comment. Because no one 
requested a public hearing or meeting, none was held. The public 
comment period ended at 4 p.m. on June 1, 1995.
    During its review of the amendment, OSM identified concerns with 
the proposed revisions to NDCC 38-13.1-08, relating to individual civil 
and criminal penalties within the coal exploration program. OSM 
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 (administrative record No. ND-W-14) by 
submitting additional proposed revisions to its program at North Dakota 
Administrative Code 43-02-01 and additional explanatory information 
pertaining to North Dakota Century Code 38-12.1-08.
    Based upon the revisions to and additional explanatory information 
that was submitted with the proposed program amendment submitted by 
North Dakota, OSM reopened the public comment period in the November 9, 
1995, Federal Register (60 FR 56549; administrative record No. ND-W-
16). The public comment period ended 4 p.m. November 24, 1995.
    The regulatory revisions that North Dakota proposed in its October 
19, 1995 letter, while satisfying most of OSM's concerns, made North 
Dakota's regulations at North Dakota Administrative Code (NDAC) 43-02-
01 inconsistent with its statute at NDCC 38-12.1-08, upon which those 
regulations are based. However, when this was pointed out to North 
Dakota in a July 30, 1997 telephone conversation (administrative record 
No. ND-W-21), it submitted an August 1, 1997 letter (administrative 
record No. ND-W-18) slightly revising its regulations at NDAC 43-02-01 
to make them consistent with its statute. Based on the proposed 
revision, OSM reopened the public comment period in the September 4, 
1997, Federal Register (62 FR 46695; administrative record No. ND-W-
19). The public comment period ended 4 p.m. September 19, 1997.

III. Director's Findings

    As discussed below, the Director, in accordance with SMCRA and 30 
CFR 732.15 and 732.17, finds that the proposed program amendment 
submitted by North Dakota on April 12, 1995, and as revised and 
supplemented with additional explanatory information and program 
revisions on October 19, 1995, and on August 1, 1997, with additional 
requirements, is no less stringent than SMCRA and no less effective 
than the Federal regulations. Accordingly, the Director approves the 
proposed amendment.

1. NDCC 38-.1-37(4): Small Operators

    North Dakota proposed a revision to NDCC 38-14.1-37(4), pursuant to 
the Director's Findings at III.3.i that were contained in the July 22, 
1994 Federal Register (Vol. 59, No. 140, p. 37426). This addition of 
subsection 4 to NDCC 38-14.1-37 also affects subsections 2 and 3 in 
accordance with the July 22, 1994, Federal Register noted above. The 
Director's Findings at III.3.h. states that:

    [I]f North Dakota ultimately decides to adopt the responsibility 
to provide or assume the training costs and inform qualified coal 
operators of the availability of assistance under SOAP, NDCC 38-
14.1-37(3), because

[[Page 49431]]

of its discretionary nature, will be less stringent than section 
507(c)(2) of SMCRA. North Dakota will then be required to amend its 
program to mandate that the Commission ``shall'' provide or assume 
the costs of training and inform qualified coal operators of the 
availability of assistance under SOAP.

    North Dakota has not yet decided whether to provide or assume the 
training costs and inform qualified coal operators under SOAP (August 
25, 1998 telephone conversation, administrative record No. ND-W-24). As 
stated in the July 22, 1998 Federal Register, if North Dakota 
ultimately decides to adopt the responsibility to provide or assume the 
training costs and inform qualified coal operators of the availability 
of assistance under SOAP, NDCC-14.1-37(3), because of its discretionary 
nature, will be less stringent than section 507(c)(2) of SMCRA. North 
Dakota will then be required to amend its program to mandate that the 
Commission ``shall'' provide or assume the costs of training and inform 
qualified coal operators of the availability of assistance under SOAP. 
Based on the aforementioned, the Director finds that the proposed 
addition to North Dakota's statute, NDCC 38-14.1-37(4), is no less 
stringent than SMCRA.

2. NDCC 38-12.1-08 and 12.1-03-03: Coal Exploration, Statutory 
Provisions Regarding Individual Civil and Criminal Penalties

    In previous reviews of the North Dakota program, OSM found 
deficiencies relating to the imposition of civil and/or criminal 
penalties on individual officers, agents, and directors of a 
corporation where the corporation committed a violation of the coal 
exploration program. A required amendment was consequently codified at 
30 CFR 934.16(y) (57 FR 807, 827; January 9, 1992), and was 
subsequently modified (59 FR 37423, 37432; July 22, 1994). The modified 
required amendment, codified at 30 CFR 934.16(y), required North Dakota 
to amend NDCC 38-12.1-08 to specifically address the circumstances 
under which a corporate director, officer, or agent may be individually 
subject to civil or criminal penalties in connection with a violation 
committed by a corporate permittee. North Dakota was also required to 
submit proposed revisions in NDCC 38-12.1-08 to provide that (in 
addition to violations) failure or refusal to comply with the orders 
listed in section 518(f) of SMCRA and issued by the North Dakota 
Industrial Commission serve as an additional basis for the imposition 
of individual civil and criminal penalties upon corporate officers, 
directors, and agents.
    North Dakota proposed in this amendment to add a new provision at 
NDCC 38-12.1-08(3) stating that:

    Any corporation or any person who controls the activity of a 
corporation who violates this chapter or any permit condition or 
rule implementing this chapter [NDCC Chapter 38-12.1] is subject to 
a civil penalty not to exceed five thousand dollars per day of such 
violation.

    In addition, North Dakota re-proposed the revisions to NDCC 38-
12.1-08(1) and (2) that were not approved in the July 22, 1994, 
rulemaking. In its August 28, 1995, letter (administrative record No. 
ND-W-12) identifying concerns to this amendment, OSM found that the 
proposed new provision at NDCC 38-12.1-08(3) essentially repeated the 
provision of NDCC 38-12.1-08(1) and did not clarify that individuals 
(officers, directors, and agents of corporate permittees) may be 
subject to penalties where the corporation, as opposed to the 
individual, commits a violation. In its October 19, 1995, response 
(administrative record No. ND-W-14), North Dakota argued that State law 
a NDCC 12.1-03-03 (as well as NDCC 38-12.1-08(3), does subject 
directors, officers, and agents to civil and criminal penalties even 
though it is the corporation, not the individuals, that committed a 
violation.
A. Criminal Penalties
    With regard to the criminal penalties, North Dakota also referred 
to the provisions of NDCC 12.1-03-03 in its October 19, 1995 letter. 
NDCC 12.1-03-03 provides:
    12.1-03-03  Individual accountability for conduct on behalf of 
organizations
    1. A person is legally accountable for any conduct he performs or 
causes to be performed in the name of the organization or in its behalf 
to the same extent as if the conduct were performed in his own name or 
on his behalf.
    2. Except as otherwise expressly provided, whenever a duty to act 
is imposed upon an organization by a statute or regulation thereunder, 
any agent of the organization having primary responsibility for the 
subject matter of the duty is legally accountable for an omission to 
perform the required act to the same extent as if the duty were imposed 
directly upon himself.
    The terms ``agent'' and ``organization,'' as used in NDCC 12.1-03-
03(2), are defined at NDCC 12.1-03-04(1) as follows:

    In this chapter: (a) ``Agent'' means any partner, director, 
officer, governor, manager, servant, employee, or other person 
authorized to act in behalf of an organization. (b) ``Organization'' 
means any legal entity, whether or not organized as a corporation, 
limited liability company, or unincorporated association, but does 
not include an entity organized as or by a governmental agency for 
the execution of a governmental program.

    Since ``organization'' includes corporations, and ``agent'' 
includes officers and directors of corporations, NDCC 12.1-03-03(1) 
would, when a corporation commits a violation, subject the officers, 
directors, and agents of the corporation to the same criminal penalties 
as the corporation, provided the individuals had ``performed'' or 
``caused to be performed'' the conduct. OSM finds no substantive 
differences between the NDCC 12.1-03-03(1) phrase ``performs or causes 
to be performed'' and the SMCRA 518(f) phrase ``authorized, ordered, or 
carried out'' identifying the applicable conduct.
    NDCC 12.1-03-03(2) would subject the individuals to the same 
criminal penalties as the corporation in the case of a failure or 
refusal to act if the individual had ``primary responsibility'' for 
that duty. North Dakota pointed out in its October 19, 1995, letter 
that NDCC 38.12-1-04(3) authorizes the Industrial Commission of North 
Dakota to promulgate and enforce orders, and that a failure or refusal 
to comply with all types of such orders would also constitute a 
violation of ``this chapter,'' as used in NDCC 38-12.1-08.
    North Dakota's proposed addition of the phrase ``or willfully'' to 
subsection (2) of NDCC 38-12.1-08 would extend individual criminal 
penalties to cases where the individual's conduct is willful or 
knowing, rather than simply ``knowingly,'' as the statute previously 
read. For a discussion of North Dakota's definitions of ``knowing'' and 
``willful,'' see 59 FR 37423, 37428-37429; July 22, 1994. North 
Dakota's provision, as proposed, and as pointed out in its October 19, 
1995, letter, would also subject individuals (whether or not corporate 
officers acting for a corporation) to criminal penalties for knowingly 
reporting false information.
    North Dakota's existing provision at NDCC 38-12.1-08(2), and the 
re-proposed revision to it, when read in conjunction with the newly 
proposed provisions at NDCC Chapter 12.1-03, provide for individual 
criminal penalties against corporate officers in all of the situation 
in which individual criminal penalties are authorized under SMCRA 
Section 518(f). Since failure or refusal to comply with any order of 
the Commission would be included as a violation, without the few 
exceptions granted in SMCRA Section 518(e) and (f), individuals might 
be subject to penalties for still more actions or omission than 
required by SMCRA

[[Page 49432]]

Section 518, and therefore North Dakota's statute is no less stringent 
than SMCRA. In addition, individuals would be subject to criminal 
penalties for knowingly reporting false information in all of the 
situations in which individuals are subjected to such criminal 
penalties under SMCRA Section 518(g).
B. Civil Penalties
    North Dakota's proposed new paragraph at NDCC 38-12.1-08(3), while 
similar to the first paragraph, NDCC 38-12.1-08(1), goes beyond it in 
that it applies to ``Any corporation or any person who controls the 
activity of a corporation who violates this chapter.'' The corporation 
or person's conduct need not be willful or knowing. The term, ``any 
person,'' refers to a ``director, officer, or agent or a corporate 
permittee'' and is intended by the State to be broader in its coverage 
than simply attempting to list the position of everyone to whom the 
paragraph might apply (7/8, 9/98 telephone conversations, 
administrative record No. ND-W-22).
    To make North Dakota regulations consistent with the North Dakota 
statute, in a August 1, 1997 revision, North Dakota changed ``willfully 
and knowingly'' to ``willfully or knowingly'', thereby strengthening 
the scienter requirement so that it could apply to more cases than 
those in SMCRA or the Federal regulations.
    Based on the above discussion, the Director finds that North 
Dakota's proposed statutory revisions at NDCC 38-12.1-08 to be no less 
stringent than SMCRA Section 518(f) and (g), and is approving the 
proposed revisions and additions. The Director also finds that the 
approval of this amendment satisfies both parts of the required 
amendment at 30 CFR 934.16(y). Therefore, he is removing that required 
amendment.

3. NDAC 43-02-01: Coal Exploration, Individual Civil Penalties, 
Regulatory Provisions (SMCRA 518(f))

    In a previous review of the North Dakota coal exploration program 
and proposed amendments to that program, OSM found that the program 
lacked regulations imposing civil and/or criminal penalties on 
individual officers of a corporation when the corporation commits a 
violation of the coal exploration program (59 FR 37423, 37428-37429; 
July 22, 1994). A requirement for North Dakota to amend the program was 
codified at 30 CFR 934.16(z) (59 FR 37423, 37432; July 22, 1994), which 
required revision of NDAC 43-02-01-05 to specifically address the 
circumstances under which a corporate director, officer, or agent maybe 
individually subject to civil or criminal penalties in connection with 
a violation committed by a corporation. In response to this amendment 
requirement, North Dakota in its October 19, 1995 letter, and as 
modified in its August 1, 1997 letter, proposed the following addition 
to its regulations at NDAC 43-02-01:

    (1) Whenever a corporate permittee violates a condition of a 
permit, or any other rule or regulation imposed under this chapter 
and NDCC 38-12.1, or fails or refuses to comply with an order issued 
by the commission pursuant to NDCC 38-12.1-04(3), or any order 
incorporated in a final decision issued by the commission, except an 
order incorporated in a decision requiring the payment of a penalty, 
any director, officer, or agent of such corporation who willfully or 
knowingly authorized or carried out such violation, failure, or 
refusal shall be held accountable, and the commission shall enforce 
the civil and criminal penalties provided against the corporation 
and the corporate directors, officers, and agents when the 
corporation commits such violation, failure, or refusal, as provided 
by law.
    (2) A civil penalty may be assessed by the commission as 
authorized by NDCC 38-12.1-08 only after the person or persons have 
been given an opportunity for public hearing pursuant to the 
procedures specified in NDCC Ch. 28-32.
    (3) Any civil penalties assessed may be recovered by the 
commission in a civil action in the North Dakota district court for 
the county in which the violation occurred or in which the party 
assessed has his or her residence or principal office in the state.

    Proposed paragraph (1) of NDAC 43-02-01 tracks the language of 
SMCRA 518(f). The proposal would specify that all violations of the 
coal exploration program are (in the defined circumstances) subject to 
individual penalties; in SMCRA 518(f), it states that ``Whenever a 
corporate permittee violates a condition of a permit * * *.'' In 
addition, the proposed North Dakota regulation states that the 
corporate officers ``shall be held accountable,'' and therefore 
individually liable for criminal and civil penalties. Moreover, the 
proposed regulatory language further states that the Commission shall 
enforce the program's civil and criminal penalties against both the 
corporation and the corporate officers.
    Regarding failures or refusals to comply, the proposed language 
specifies that all corporate officers who willfully or knowingly 
authorized or carried out the failure or refusal shall be held 
accountable, not only those corporate officer(s) with ``primary 
responsibility'' for that aspect of the operation; this language 
extends the reach to corporate officers subject to individual penalties 
for failure or refusal to comply to the same degree provided under 
SMCRA Sections 518(e) and (f). The proposed regulatory language also 
exempts from individual penalties failure or refusal to comply with 
orders incorporated in decisions requiring the payment of a penalty, as 
do SMCRA 518(e) and (f). The proposed North Dakota regulatory language 
also specifically addresses the circumstances under which a corporate 
director, officer, or agent may be individually subject to civil or 
criminal penalties in connection with a violation, failure, or refusal 
committed by a corporation.
    Proposed paragraph (2) of NDAC 43-02-01 is substantively the same 
as the first sentence of SMCRA 518(b), and thus provides for the same 
due process appeals for individual civil penalties as does SMCRA 518(f) 
(by referencing 518(b)).
    Proposed paragraph (3) of NDAC 43-02-01 provides for the recovery 
of individual civil penalties through civil actions, to the same extent 
as SMCRA 518(d).
    Based on the above discussion, the Director finds the proposed 
rules at NDAC 43-02-01 (1) through (3) to be no less stringent than 
SMCRA Sections 518(b), (d), (e), and (f) regarding authorization for 
and procedures for individual civil and criminal penalties. The 
approval of this proposal would also satisfy the required program 
amendment codified at 30 CFR 934.16(z) (59 FR 37423, 37432; July 22, 
1994). The Director is therefore removing this required program 
amendment.

IV. Summary and Disposition of Comments

    Following are summaries of all substantive written comments on the 
proposed amendment that were received by OSM, and OSM's responses to 
them.

1. Public Comments

    OSM invited public comments on the proposed amendment in the May 2, 
1995 Federal Register (60 FR 21484; administrative record No. ND W-04), 
the November 9, 1995 Federal Register (69 FR 56549; administrative 
record No. ND-W-16), and the September 4, 1997, Federal Register (62 FR 
46695; administrative record No. ND-W-19), but no comments were 
received.

2. Federal Agency Comments

    Pursuant to 732.17(h)(11)(i), OSM solicited comments from various 
Federal agencies with an actual or potential interest in the North 
Dakota program and in the proposed amendment in an April 20, 1995, 
letter (administrative record No. ND-W-03), a

[[Page 49433]]

November 9, 1995 Federal Register notice (60 FR 56549; administrative 
record No. ND-W-16), and a September 4, 1997 Federal Register notice 
(62 FR 46695; administrative record No. ND-WS-19).
    The Agricultural Research Service of the U.S. Department of 
Agriculture responded on May 5, 1995 that it had no comment or 
additions to the amendment (administrative record No. ND-W-05).
    The U.S. Army Corps of Engineers responded on May 9, 1995 that it 
``found the changes to be satisfactory to our agency'' (administrative 
record No. ND-W-07).
    The Bureau of Indian Affairs responded on May 12, 1995 that ``[w]e 
have no objections to the amendment because it does not affect Indian 
Lands'' (administrative record No. ND-W-08).
    Rural Economic and Community Development of the U.S. Department of 
Agriculture responded on May 23, 1995 that it had no comment 
(administrative record No. ND-W-09).
    The Mine Safety and Health Administration (MSHA) of the U.S. 
Department of Labor responded on June 2, 1995 that the amendment 
``appears not to conflict with any MSHA regulations'' (administrative 
record No. ND-W-11)).

3. Environmental Protection Agency (EPA) Concurrence and Comments

    Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to solicit 
the written concurrence of EPA with respect to those provisions of the 
proposed program amendment that relate to air or water quality 
standards promulgated under the authority of the Clean Water Act (33 
U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).
    None of the revisions that North Dakota proposed to make in its 
amendment pertain to air or water quality standards. However, OSM 
requested EPA's comments on April 20, 1995 (administrative record No. 
NDW-03 with the proposed amendment (administrative record No. ND W-01). 
EPA did not respond to OSM's request.

4. State Historic Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP)

    Pursuant to 30 CFR 732.17(h)(4), OSM solicited comments on the 
proposed amendment from the SHPO and ACHP (administrative record No. ND 
W-03). Neither the SHPO nor the ACHP responded to OSM's request.

V. Director's Decision

    Based on the aforementioned findings, the Director approves the 
proposed amendment as submitted on April 12, 1995, and as supplemented 
with additional explanatory information and regulations on October 19, 
1995, and August 1, 1997, as discussed in:
    Finding No. 1, NDCC 38-14.1-37(4), the statute that specifies that 
under certain circumstances a coal mine operator who received 
assistance for permitting or training reimburse the State of North 
Dakota for the costs of that assistance;
    Finding No. 2, NDCC 38-12.1-08, the statute in which is added the 
term, ``or willfully'' to its existing language, ``who knowingly 
violates this chapter, or any permit condition or regulation 
implementing this chapter,'' and references NDCC 12.1-03-03, which 
makes a person legally accountable for any conduct he performs or 
causes to be performed in the name of an organization or in its behalf 
to the same extent as if the conduct were performed in his own name or 
his behalf;'' and
    Finding No. 3, NDAC 43-02-01, the regulation imposing individual 
civil and criminal penalties on individual officers of a corporation 
when the corporation commits a violation of the coal exploration 
program.
    The Federal regulations at 30 CFR Part 934, codifying decisions 
concerning the North Dakota program, are being amended to implement 
this decision. This final rule is being made effective immediately to 
expedite the State program amendment process and to encourage States to 
bring their programs into conformity with the Federal standards without 
undue delay. Consistency of State and Federal standards is required by 
SMCRA.

VI. 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 12778

    The Department of the Interior has conducted the reviews required 
by Section 2 of Executive Order 12778 (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

    An environmental impact statement is not 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.

List of Subjects in 30 CFR Part 934

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: September 1, 1998.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.

    For the reasons set out in the preamble, Title 30, Chapter VII, 
Subchapter T of the Code of Federal Regulations is amended as set forth 
below:

[[Page 49434]]

PART 934--NORTH DAKOTA

    1. The authority citation for Part 934 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    2. Section 934.15 is amended, as depicted in the table below, by 
adding a new entry in chronological order by ``Date of Final 
Publication'' to read as follows:


Sec. 934.15  Approval of North Dakota regulatory program amendments.

* * * * *

----------------------------------------------------------------------------------------------------------------
 Original amendment submission date   Date of final publication                Citation/description             
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
April 12, 1995.....................  September 16, 1998.........  Statute: NDCC 38-14.1-37(4); NDCC 38-12.1-08; 
                                                                   Rule: NDAC 43-02-01.                         
----------------------------------------------------------------------------------------------------------------

    3. Section 934.16 is amended by removing and reserving paragraphs 
(y) and (z).

[FR Doc. 98-24781 Filed 9-15-98; 8:45 am]
BILLING CODE 4310-05-M