[Federal Register Volume 77, Number 239 (Wednesday, December 12, 2012)]
[Proposed Rules]
[Pages 73965-73966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30031]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 926
[SATS No: MT-033-FOR; Docket ID: OSM-2011-0012]
Montana Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; withdrawal.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are announcing the withdrawal of a proposed rule pertaining to
an amendment to the Montana regulatory program (the Montana program)
and its coal rules and regulations. Montana submitted the amendment at
their own initiative to modify coal prospecting procedures and allow
for a new type of coal prospecting permit.
DATES: The proposed rule published October 17, 2011, at 76 FR 64047, is
withdrawn December 12, 2012.
FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Director, Casper
Field Office, Office of Surface Mining Reclamation and Enforcement,
Dick Cheney Federal Building, POB 11018, 150 East B Street, Casper,
Wyoming 82601-1018; Telephone: 307-261-6550, email address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Montana Program
II. Submission of the Withdrawal
I. Background on the Montana 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 State 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
conditionally approved the Montana program on April 1, 1980. You can
find background information on the Montana program, including the
Secretary's findings, the disposition of comments, and conditions of
approval of the Montana program in the April 1, 1980, Federal Register
(45 FR 21560). You can also find later actions concerning Montana's
program and program
[[Page 73966]]
amendments at 30 CFR 926.15, 926.16, and 926.30.
II. Submission of the Withdrawal
By letter dated July 20, 2011, Montana sent us an amendment to its
program (SATS No. MT-033-FOR, Administrative Record Docket ID No. OSM-
2011-0012) under SMCRA (30 U.S.C. 1201 et seq.). Montana submitted the
amendment to include changes made to the Montana Strip and Underground
Mine Reclamation Act (MSUMRA) as a result of the 2011 Montana
Legislature passage of Senate Bill 286 relating to coal prospecting.
Montana sent the amendment to include the changes made at its own
initiative.
We announced receipt of the proposed amendment in the October 17,
2011, Federal Register (76 FR 64047). In the same document, we opened
the public comment period and provided an opportunity for a public
hearing or meeting on the amendment's adequacy (Administrative Record
ID No. OSM-2011-0012-0004). We did not hold a public hearing or meeting
because no one requested one. We received comments from the Montana
Historical Society, Westmoreland Resources Inc., the Bureau of Land
Management, and the Mine Safety and Health Administration
(Administrative Record ID No. OSM-2011-0012-0010).
During our review of the amendment, we identified areas needing
clarification at MSUMRA Section 82-4-226. We notified Montana of our
concerns by letter dated November 22, 2011 (Administrative Record ID
No. OSM-2011-0012-0005).
We delayed final rulemaking to afford Montana the opportunity to
submit new material to address the concerns. Montana responded in a
letter dated December 22, 2011, by submitting additional explanatory
information (Administrative Record ID No. OSM-2011-0012-0006). Based
upon Montana's additional explanatory information for its amendment, we
reopened the public comment period in the March 27, 2012, Federal
Register [(77 FR 18149); (Administrative Record Document ID No. OSM-
2011-0012-0007)] and provided an opportunity for a public hearing or
meeting on the adequacy of the revised amendment. We did not hold a
public hearing or meeting because no one requested one. We received
comments from the State Historic Preservation Office, the Mine Safety
and Health Administration, the US Geological Survey, and the Bureau of
Land Management (Administrative Record ID No. OSM-2011-0012-0011).
In a letter dated October 5, 2012 (Administrative Record Document
ID No. OSM-2011-0012-0013), Montana notified us that they were
withdrawing the proposed amendment at this time. Montana stated in the
letter that they were submitting additional rule language to be
reviewed informally by OSM in anticipation of promulgation of the
revised rule through the Montana State Legislature sometime around
April 2013.
List of Subjects in 30 CFR Part 926
Intergovernmental relations, Surface mining, Underground mining.
Accordingly, the proposed rule published October 17, 2011, at 76 FR
64047, is withdrawn December 12, 2012.
Dated: October 16, 2012.
Allen D. Klein,
Regional Director, Western Region.
[FR Doc. 2012-30031 Filed 12-11-12; 8:45 am]
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