[Federal Register Volume 64, Number 72 (Thursday, April 15, 1999)]
[Proposed Rules]
[Pages 18586-18587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9413]


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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.

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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: [email protected]
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: [email protected].

SUPPLEMENTARY INFORMATION: 

I. 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.

II. 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.

III. 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.

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.

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. 99-9413 Filed 4-14-99; 8:45 am]
BILLING CODE 4310-05-M