[Federal Register Volume 70, Number 228 (Tuesday, November 29, 2005)]
[Proposed Rules]
[Pages 71425-71428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23456]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 925

[Docket No. MO-038-FOR]


Missouri 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: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are announcing receipt of a proposed amendment to the Missouri 
regulatory program (Missouri program) under the Surface Mining Control 
and Reclamation Act of 1977 (SMCRA or the Act). Missouri intends to 
revise its program to improve operational efficiency.
    Currently, we are substituting direct Federal enforcement for 
portions of the Missouri program. With the substitution of Federal 
enforcement authority, we outlined a process by which Missouri could 
regain full authority for its program. As part of this process, 
Missouri proposes to amend its approved regulatory program and 
submitted a temporary emergency regulatory program rule (emergency 
rule). The purpose of the emergency rule is to revise Missouri's 
regulations regarding bonding of surface coal mining and reclamation 
operations to allow Missouri to transition from a ``bond pool'' 
approach to a ``full cost bond'' approach. We are announcing receipt of 
the emergency rule in this rulemaking. Missouri has indicated that, in 
the near future, it will submit a permanent regulatory program rule 
(permanent rule) regarding its bonding regulations and that this rule 
will contain regulatory language that is substantially identical to the 
language in this emergency rule. If we approve the emergency rule and 
Missouri submits the permanent rule with language that has the same 
meaning as the emergency rule, we will publish a final rule and the 
permanent rule will become part of the Missouri program.
    This document gives the times and locations that the Missouri 
program and proposed amendment to that program are available for your 
inspection, the comment period during which you may submit written 
comments on the amendment, and the procedures that we will follow for 
the public hearing, if one is requested.

DATES: We will accept written comments on this amendment until 4 p.m., 
c.t., December 29, 2005. If requested, we will hold a public hearing on 
the amendment on December 27, 2005. We will accept requests to speak at 
a hearing until 4 p.m., c.t. on December 14, 2005.

ADDRESSES: You may submit comments, identified by Docket No. MO-038-
FOR, by any of the following methods:
     E-mail: [email protected]. Include Docket No. MO-038-FOR 
in the subject line of the message.
     Mail/Hand Delivery: Andrew R. Gilmore, Chief, Alton Field 
Division, Office of Surface Mining Reclamation and Enforcement, 501 
Belle Street, Alton, Illinois 62002.
     Fax: (618) 463-6470
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. For detailed instructions on 
submitting comments and additional information on the rulemaking 
process, see the ``Public Comment Procedures'' heading of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to review copies of the Missouri 
program, this amendment, and all written comments received in response 
to this document, you must go to the address listed below during normal 
business hours, Monday through Friday, excluding holidays. You may 
receive one free copy of the amendment by contacting OSM's Alton Field 
Division. Andrew R. Gilmore, Chief, Alton Field Division, Office of 
Surface Mining Reclamation and Enforcement, 501 Belle Street, Alton, 
Illinois 62002, Telephone: (618) 463-6460, E-mail: [email protected].
    In addition, you may review a copy of the amendment during regular 
business hours at the following location: Missouri Department of 
Natural Resources, Land Reclamation Program, 205 Jefferson Street, P.O. 
Box 176, Jefferson City, Missouri 65102, Telephone: (573) 751-4041.

FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Chief, Alton Field 
Division. Telephone: (618) 463-6460. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:


[[Page 71426]]


I. Background on the Missouri Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

I. Background on the Missouri Program

    Section 503(a) of the Act permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that 
its program includes, among other things, ``a State law which provides 
for the regulation of surface coal mining and reclamation operations in 
accordance with the requirements of this Act * * *; and rules and 
regulations consistent with regulations issued by the Secretary 
pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On the basis 
of these criteria, the Secretary of the Interior (Secretary) 
conditionally approved the Missouri program on November 21, 1980. You 
can find background information on the Missouri program, including the 
Secretary's findings, the disposition of comments, and the conditions 
of approval, in the November 21, 1980, Federal Register (45 FR 77017). 
You can also find later actions concerning the Missouri program and 
program amendments at 30 CFR 925.10, 925.12, 925.15, 925.16, 925.17, 
925.18, and 925.19.

II. Description of the Proposed Amendment

    On November 21, 1980, the Secretary conditionally approved the 
Missouri program under the Act. On June 19, 2003, the Missouri 
Department of Natural Resources, Air and Land Protection Division, Land 
Reclamation Program's (MLRP) notified us that the Missouri Legislature 
did not fully fund the Missouri program for the period beginning July 
1, 2003, and ending June 30, 2004. On July 21, 2003, the Governor of 
Missouri (Governor) notified us that the State of Missouri was 
experiencing difficult budget and revenue shortfalls (Administrative 
Record No. MO-664.3). On August 4, 2003, we notified the Governor that 
we were obligated, in accordance with 30 CFR 733.12(e), to substitute 
Federal enforcement for those portions of the Missouri program that 
were not fully funded and staffed (Administrative Record No. MO-664.4). 
In accordance with the provisions of 30 CFR 733.12(f), we announced our 
decision, effective August 22, 2003, to institute direct Federal 
enforcement for those portions of the Missouri program that the MLRP 
could not adequately implement and enforce. With the substitution of 
Federal enforcement authority, we outlined a process by which Missouri 
could regain full authority for its program (See 68 FR 50944, dated 
August 22, 2003, and 69 FR 19927, dated April 15, 2004).
    By letter dated May 27, 2005, the Governor of Missouri petitioned 
us to consider returning to Missouri the authority to implement and 
enforce those parts of the Missouri program for which we substituted 
Federal enforcement (Administrative Record No. MO-664.42). As part of 
the process of resuming the regulatory authority, Missouri proposes to 
amend the Missouri program in two steps. The first step involves the 
State submitting a temporary emergency rule in order to revise its 
regulations regarding bonding of surface coal mining and reclamation 
operations. The emergency rule will allow Missouri to transition, in a 
timely manner, from a ``bond pool'' approach to bonding to a ``full 
cost bond'' approach.
    The second step in amending Missouri's approved regulatory program 
is for Missouri to submit a permanent rule regarding its bonding 
regulations. Missouri has indicated that the State will submit this 
permanent rule in the near future and that it will contain regulatory 
language that is substantively identical to the language in the 
emergency rule. If we approve the emergency rule and Missouri submits 
the permanent rule with language that has the same meaning as the 
emergency rule, we will publish a final rule and the permanent rule 
will become part of the Missouri program.
    To fulfill the first step in amending its approved regulatory 
program and to improve operational efficiency, Missouri sent us an 
amendment to its program under SMCRA (30 U.S.C. 1201 et seq.) dated 
October 31, 2005 (Administrative Record No. MO-665). We are announcing 
receipt of the ``emergency rule'' amendment in this rulemaking.
    Below is a summary of the changes proposed by Missouri. The full 
text of the program amendment is available for you to read at the 
locations listed above under ADDRESSES.

A. 10 CSR 40-7.011 Bond Requirements

1. 10 CSR 40-7.011(1) Definitions
    Missouri proposes to revise subparagraphs (1)(C) and (D) regarding 
definitions for ``Personal bond'' and ``Phase I bond,'' respectively.
2. 10 CSR 40-7.011(2) Requirement to File a Bond
    Missouri proposes to revise subsection (2) pertaining to the permit 
applicant's requirement to file a bond after an application for a 
surface coal mining and reclamation operation has been approved.
3. 10 CSR 40-7.011(4) Bond Amounts
    Missouri proposes to revise subsection (4) regarding how the bond 
amount for a surface coal mining and reclamation operation is to be 
determined.
4. 10 CSR 40-7.011(5) Changing Bond Amounts
    Missouri proposes to revise subparagraphs (5)(A) through (5)(D) and 
to delete subparagraph (5)(E). This subsection describes how and when 
bond adjustments for a surface coal mining and reclamation operation 
are to be determined and the procedures to be followed for adjusting 
the bond amounts.
5. 10 CSR 40-7.011(6) Types of Bonds
a. 10 CSR 40-7.011(6)(A) Surety Bonds
    Missouri proposes to revise subparagraphs (6)(A)6 and 8 of its 
regulations regarding surety bonds.
b. 10 CSR 40-7.011(6)(B) Personal Bonds Secured by Certificates of 
Deposit
    Missouri proposes to revise subparagraphs (6)(B)1, 2, and 4 through 
7 regarding personal bonds secured by certificates of deposit.
c. 10 CSR 40-7.011(6)(C) Personal Bonds Secured by Letters of Credit
    Missouri proposes to revise subparagraphs (6)(C)1, 3, 4, 8, and 9 
regarding personal bonds secured by letters of credit.
d. 10 CSR 40-7.011(6)(D) Self Bonding
    Missouri proposes to revise subparagraphs (6)(D)1, 2, 3, 5, 6, and 
8 regarding self bonding by permit applicants.
6. 10 CSR 40-7.011(7) Replacement of Bonds
    Missouri proposes to revise subparagraph (7)(A) regarding a 
permittee's election to replace the bond for a surface coal mining and 
reclamation operation.

B. 10 CSR 40-7.021 Duration and Release of Reclamation Liability

1. 10 CSR 40-7.021(1) Period of Liability
    Missouri proposes to revise subparagraph (1)(A) regarding the 
period of liability coal operators have for surface coal mining and 
reclamation operations.

[[Page 71427]]

2. 10 CSR 40-7.021(2) Criteria and Schedule for Release of Reclamation 
Liability
    Missouri proposes to revise subparagraphs (2)(A) through (2)(E) 
regarding the criteria and schedule for releasing reclamation 
liability.

C. 10 CSR 40-7.031 Permit Revocation, Bond Forfeiture and Authorization 
to Expend Reclamation Fund Monies

1. 10 CSR 40-7.031(2) Procedures
    Missouri proposes to revise subparagraph (2)(E) regarding 
procedures for revoking or suspending a surface coal mining and 
reclamation permit.
2. 10 CSR 40-7.031(3) Bond Forfeiture
    Missouri proposes to revise subparagraph (3)(C) regarding 
forfeiture of bond after a surface coal mining and reclamation permit 
is revoked.
3. 10 CSR 40-7.031(4) Declaration of Permit Revocation
    Missouri proposes to revise subsection (4) regarding the director 
of the Land Reclamation Program's (director) authority to use 
appropriated reclamation fund monies from the Coal Mine Land 
Reclamation Fund for bonds forfeited before January 1, 2006. Missouri 
also proposes to revise this subsection regarding the director's 
authority to use proceeds from bonds forfeited on or after January 1, 
2006. The purpose of the revision is to ensure compliance with all 
applicable regulations and satisfactory completion of reclamation on 
surface coal mining and reclamation permit sites.

D. 10 CSR 40-7.041 Form and Administration of the Coal Mine Land 
Reclamation Fund

    Missouri proposes to delete subsections (1) through (3) pertaining 
to the Coal Mine Land Reclamation Fund regarding payment of 
assessments, fund ceiling and reimbursements, and penalties for 
delinquent payment of fees. Missouri also proposes to revise 
subsections (4) and (5) and redesignate them as subsections (1) and 
(2), respectively. These subsections pertain to expenditure of 
reclamation fund monies and reimbursement of the reclamation fund.

E. 10 CSR 40-7.050 Requirements, Conditions and Terms of Liability 
Insurance

    Missouri proposes to revise subsection (2) regarding the terms and 
conditions for liability insurance.

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking your 
comments on whether the amendment satisfies the applicable program 
approval criteria of 30 CFR 732.15. If we approve the amendment, it 
will become part of the State program.

Written Comments

    Send your written or electronic comments to OSM at the address 
given above. Your written comments should be specific, pertain only to 
the issues proposed in this rulemaking, and include explanations in 
support of your recommendations. We will not consider or respond to 
your comments when developing the final rule if they are received after 
the close of the comment period (see DATES). We will make every attempt 
to log all comments into the administrative record, but comments 
delivered to an address other than the Alton Field Division may not be 
logged in.

Electronic Comments

    Please submit Internet comments as an ASCII or Word file avoiding 
the use of special characters and any form of encryption. Please also 
include ``Attn: [Docket No. MO-038-FOR]'' and your name and return 
address in your Internet message. If you do not receive a confirmation 
that we have received your Internet message, contact the Alton Field 
Division at (618) 463-6460.

Availability of Comments

    We will make comments, including names and addresses of 
respondents, available for public review during normal business hours. 
We will not consider anonymous comments. If individual respondents 
request confidentiality, we will honor their request to the extent 
allowable by law. Individual respondents who wish to withhold their 
name or address from public review, except for the city or town, must 
state this prominently at the beginning of their comments. We will make 
all submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public review in their entirety.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., c.t. on 
December 14, 2005. If you are disabled and need special accommodations 
to attend a public hearing, contact the person listed under FOR FURTHER 
INFORMATION CONTACT. We will arrange the location and time of the 
hearing with those persons requesting the hearing. If no one requests 
an opportunity to speak, we will not hold a hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at the public hearing 
provide us with a written copy of his or her comments. The public 
hearing will continue on the specified date until everyone scheduled to 
speak has been given an opportunity to be heard. If you are in the 
audience and have not been scheduled to speak and wish to do so, you 
will be allowed to speak after those who have been scheduled. We will 
end the hearing after everyone scheduled to speak and others present in 
the audience who wish to speak, have been heard.

Public Meeting

    If only one person requests an opportunity to speak, we may hold a 
public meeting rather than a public hearing. If you wish to meet with 
us to discuss the amendment, please request a meeting by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings 
are open to the public and, if possible, we will post notices of 
meetings at the locations listed under ADDRESSES. We will make a 
written summary of each meeting a part of the administrative record.

IV. Procedural Determinations

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the counterpart Federal regulation.

Executive Order 12866--Regulatory Planning and Review

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 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 because 
each 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

[[Page 71428]]

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.

Executive Order 13132--Federalism

    This rule does not have Federalism implications. SMCRA delineates 
the roles of the Federal and State governments with regard to the 
regulation of surface coal mining and reclamation operations. One of 
the purposes of SMCRA is to ``establish a nationwide program to protect 
society and the environment from the adverse effects of surface coal 
mining operations.'' Section 503(a)(1) of SMCRA requires that State 
laws regulating surface coal mining and reclamation operations be ``in 
accordance with'' the requirements of SMCRA, and section 503(a)(7) 
requires that State programs contain rules and regulations ``consistent 
with'' regulations issued by the Secretary pursuant to SMCRA.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have evaluated the 
potential effects of this rule on Federally-recognized Indian tribes 
and have determined that the rule does not have substantial direct 
effects on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes. 
This determination is based on the fact that the Missouri program does 
not regulate coal exploration and surface coal mining and reclamation 
operations on Indian lands. Therefore, the Missouri program has no 
effect on Federally-recognized Indian tribes.

Executive Order 13211--Regulations That Significantly Affect The 
Supply, Distribution, or Use of Energy

    On May 18, 2001, the President issued Executive Order 13211 which 
requires agencies to prepare a Statement of Energy Effects for a rule 
that is (1) considered significant under Executive Order 12866, and (2) 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Because this rule is exempt from review 
under Executive Order 12866 and is not expected to have a significant 
adverse effect on the supply, distribution, or use of energy, a 
Statement of Energy Effects is not required.

National Environmental Policy Act

    This rule does not require an environmental impact statement 
because 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)).

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.).

Regulatory Flexibility Act

    The Department of the Interior certifies 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, which 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. 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.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not 
have an annual effect on the economy of $100 million; (b) Will not 
cause a major increase in costs or prices for consumers, individual 
industries, Federal, State, or local government agencies, or geographic 
regions; and (c) Does not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises. This determination is based upon the fact that the State 
submittal, which is the subject of this rule, is based upon counterpart 
Federal regulations for which an analysis was prepared and a 
determination made that the Federal regulation was not considered a 
major rule.

Unfunded Mandates

    This rule will not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of $100 million or more in any 
given year. This determination is based upon the fact that the State 
submittal, which is the subject of this rule, is based upon counterpart 
Federal regulations for which an analysis was prepared and a 
determination made that the Federal regulation did not impose an 
unfunded mandate.

List of Subjects in 30 CFR Part 925

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: November 18, 2005.
Charles E. Sandberg,
Regional Director, Mid-Continent Region.
[FR Doc. 05-23456 Filed 11-28-05; 8:45 am]
BILLING CODE 4310-05-P