[Federal Register: April 18, 2008 (Volume 73, Number 76)]
[Proposed Rules]
[Page 21087-21090]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ap08-17]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 930
[SATS No. ND-050-FOR; Docket ID OSM-2008-0004; North Dakota Amendment
No. XXXVIII]
North Dakota 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 are 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 or the
Act). North Dakota proposes revisions to rules that would change self-
bonding requirements, update terminology used for describing native
grasslands, and correct a cross reference error. At its own initiative,
it intends to revise its program to improve operational efficiency.
This document gives the times and locations that the North Dakota
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.,
m.d.t. May 19, 2008. If requested, we will hold a public hearing on the
amendment on May 13, 2008. We will
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accept requests to speak until 4 p.m., m.d.t. on May 5, 2008.
ADDRESSES: You may submit comments, identified by ``SATS No. ND-050-
FOR'' and/or Docket ID OSM-2008-0004'' by any of the following methods:
E-mail: [JFleischman@osmre.gov]. Include OSM-2008-0004 in
the subject line of the message.
Mail/Hand Delivery/Courier: Jeffrey W. Fleischman,
Director, Casper Field Office, Office of Surface Mining Reclamation and
Enforcement, Federal Building, 150 East B Street, Room 1018, Casper,
Wyoming 82601-1018, 307/261-6550, JFleischman@osmre.gov.
Fax: 307/261-6552.
Federal eRulemaking Portal: http://www.regulations.gov.
The proposed rule has been assigned Docket ID: OSM-2008-0004. If you
would like to submit comments through the Federal eRulemaking Portal,
go to www.regulations.gov and do the following. Click on the ``Advanced
Docket Search'' button on the right side of the screen. Type in Docket
ID OSM-2008-0004 and click the ``Submit'' button at the bottom of the
page. The next screen will display Docket Search Results for the
rulemaking. If you click on OSM-2008-0004 you can view the proposed
rule and submit a comment. You can also view supporting material and
any comments submitted by others.
Instructions: All submissions received must include the agency name
and OSM-2008-0004. For detailed instructions on submitting comments and
additional information on the rulemaking process, see the ``Public
Comment Procedures'' heading in the SUPPLEMENTARY INFORMATION section
of this document.
Docket: In addition to viewing the Docket and obtaining copies of
documents at http://www.regulations.gov, you may also review copies of
the North Dakota program, this amendment, a listing of any scheduled
public hearings, and all written comments received in response to this
document, 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 (OSM's) Casper Field Office.
Jeffrey W. Fleischman, Director, Casper Field Office, Office of Surface
Mining Reclamation and Enforcement, Federal Building, 150 East B
Street, Room 1018, Casper, Wyoming 82601-1018, 307/261-6550,
JFleischman@osmre.gov
James R. Deutsch, North Dakota Public Service Commission, Capitol
Building, Bismarck, North Dakota 58505, Tel: 701-328-2251, E-mail:
jrd@oracle.psc.state.nd.us
FOR FURTHER INFORMATION CONTACT: Jeffrey W. Fleischman, Telephone: 307-
261-6550. Internet: JFleischman@osmre.gov
SUPPLEMENTARY INFORMATION:
I. Background on the North Dakota Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the North Dakota 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 North Dakota program on December 15, 1980.
You can find 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 in the December 15,
1980 Federal Register (45 FR 82214). You can also find later actions
concerning North Dakota's program and program amendments at 30 CFR
934.15, and 934.30.
II. Description of the Proposed Amendment
By letter dated March 12, 2008, North Dakota sent us a proposed
amendment (Amendment number North Dakota XXXVIII) to its program, under
SMCRA (30 U.S.C. 1201 et seq.). The full text of the program amendment
is available for you to read at the locations listed above under
ADDRESSES.
Specifically, North Dakota proposes to: (1) Revise its self bonding
provisions under North Dakota Administrative Code (NDAC) Article 69-
5.2-12-05.1 to allow the North Dakota Public Service Commission to
accept bond ratings from other nationally recognized rating
organizations in addition to Moody's Investors Service and Standards
and Poor's ratings, for companies that guarantee self bonds; (2)
update, under NDAC 69-05.2-08-08, premine land use and vegetation
requirements, and some terminology used for native grassland
descriptions to reflect what is used by USDA's Natural Resource
Conservation Service; and (3) correct a cross reference error in NDAC
69-05.2-10-03.
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 North Dakota program.
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. We will not consider or respond to your
written 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 Casper Field Office, or
http://www.regulations.gov, may not be logged in.
Availability of Comments
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public view, we cannot guarantee that we will be able
to do so.
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.d.t. on May
5, 2008. If you are disabled and need reasonable 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
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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 there is only limited interest in participating in a public
hearing, 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 Federal regulations.
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
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. 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.
The rule does not involve or affect Indian Tribes in any way.
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. 4321 et
seq).
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.
3501 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 Federal regulations.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), of 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.
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 Federal regulations for
which an analysis was prepared and a determination made that the
Federal regulations were not considered major.
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 Federal
regulations for which an analysis was prepared and a determination made
that the Federal regulations did not impose an unfunded mandate.
List of Subjects in 30 CFR Part 930
Intergovernmental relations, Surface mining, Underground mining.
[[Page 21090]]
Dated: April 2, 2008.
Billie E. Clark,
Acting Regional Director, Western Region.
[FR Doc. E8-8408 Filed 4-17-08; 8:45 am]
BILLING CODE 4310-05-P