[Federal Register Volume 71, Number 29 (Monday, February 13, 2006)]
[Proposed Rules]
[Pages 7475-7477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2005]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 926

[MT-025-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.

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SUMMARY: We are announcing the reopening and extension of the public 
comment period for a previously announced proposed amendment to the 
Montana regulatory program (hereinafter, the ``Montana program'') under 
the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the 
Act). Montana proposed revisions to, additions of, and deletions of 
rules about: Definitions; permit application requirements; application 
processing and public participation; application review, findings, and 
issuance; permit conditions; permit renewal; performance standards; 
prospecting permits and notices of intent; bonding and insurance; 
protection of parks and historic sites; lands where mining is 
prohibited; inspection and enforcement; civil penalties; small operator 
assistance program (SOAP); restrictions on employee financial 
interests; blasters license; and revision of permits.
    At the request of three interested parties, we are extending the 
previously announced public comment period.

[[Page 7476]]

This document gives the times and locations that the Montana program 
and proposed amendment to that program are available for your 
inspection, the extended 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., 
m.s.t., February 28, 2006. If requested, we will hold a public hearing 
on the amendment on February 28, 2006. We will accept requests to speak 
until 4 p.m., m.s.t., on February 23, 2006.

ADDRESSES: You may submit comments, identified by ``MT-025-FOR,'' by 
any of the following methods:
     E-mail: [email protected]. Include ``MT-025-FOR'' in the 
subject line of the message.
     Mail, Hand Delivery/Courier: Richard Buckley, Acting 
Director, Casper Field Office, Office of Surface Mining Reclamation and 
Enforcement, Federal Building, 150 East B Street, Room 1018, Casper, WY 
82601-1018. (307) 261-6550.
     Fax: (307) 261-6552.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and the identifier ``MT-025-FOR''. For detailed instructions on 
submitting comments and additional information on the rulemaking 
process, see ``II. Public Comment Procedures'' below.
    Docket: Access to the docket, to review copies of the Montana 
program, this amendment, a listing of any scheduled public hearings, 
and all written comments received in response to this document, may be 
obtained at the addresses listed below during normal business hours, 
Monday through Friday, excluding holidays. You may receive one free 
copy of the amendment by contacting the Office of Surface Mining 
Reclamation and Enforcement's (OSM) Casper Field Office. In addition, 
you may review a copy of the amendment during regular business hours at 
the following locations:

Richard Buckley, Acting Director, Casper Field Office, Office of 
Surface Mining Reclamation and Enforcement, Federal Building, 150 East 
B Street, Room 1018, Casper, WY 82601-1018. (307) 261-6550. E-mail: 
[email protected].
Neil Harrington, Chief, Industrial and Energy Minerals Bureau, Montana 
Department of Environmental Quality, P.O. Box 200901, Helena, MT 59620-
0901. (406) 444-2544. E-mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Richard Buckley, Telephone: (307) 261-
6550. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Proposed Amendment
II. Public Comment Procedures

I. Background on the Proposed Amendment

    By letter dated August 29, 2005, Montana sent us a proposed 
amendment to its program (MT-025-FOR, Administrative Record No. MT-22-
1) under SMCRA (30 U.S.C. 1201 et seq.). Montana sent the amendment in 
response to legislative revisions to its statutes, to the required 
program amendments at 30 CFR 926.16(e)(1), (k), (l), and (m), and to 
include the changes made at its own initiative. The full text of the 
program amendment is available for you to read at the locations listed 
above under ADDRESSES. Detailed information on the program amendment is 
also available in the November 29, 2005, Federal Register (70 FR 
71428).
    We announced receipt of the proposed amendment in the November 29, 
2005, Federal Register, provided an opportunity for a public hearing or 
meeting on its substantive adequacy, and invited public comment on its 
adequacy. Because no one requested a public hearing or meeting, none 
was held. The public comment period ended on December 29, 2005. On that 
date, we received from one citizen and two citizen/environmental groups 
(Kentucky Resources Council, Bull Mountain Land Alliance) requests to 
extend the comment period by 30 days. Because of the extensive nature 
of this proposed program amendment (the November 29, 2005, proposed 
rule encompasses some 13 pages in the Federal Register), we are 
extending the comment period for the full 30 days requested.

II. 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 Montana program. We cannot ensure that comments 
received after the close of the comment period (see DATES) or at 
locations other than those listed above (see ADDRESSES) will be 
considered or included in the Administrative Record.

Written Comments

    Send your written or electronic comments to OSM at the address 
given above. Your comments should be specific, pertain only to the 
issues proposed in this rulemaking, and include explanations in support 
of your recommendations.

Electronic Comments

    Please submit Internet comments as an ASCII or MSWord file avoiding 
the use of special characters and any form of encryption. Please also 
include ``Attn: SATS No. MT-025-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 Casper Field Office at 
(307) 261-6550.

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., m.s.t., on 
February 23, 2006. 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 the hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at a 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.

[[Page 7477]]

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.

List of Subjects in 30 CFR Part 926

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: December 30, 2005.
Allen D. Klein,
Director, Western Region.
[FR Doc. E6-2005 Filed 2-10-06; 8:45 am]
BILLING CODE 4310-05-P