Missouri Regulatory Program, 71425-71428 [05-23456]
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Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Proposed Rules
This methodology would combine
takes and entitlements by requiring
lessees to report and pay on volumes
equal to the sales by the lessee divided
by the total sales for the property times
the allocated volume under the
commingling approval for the property.
Consider lessees C and D: In this
example, lessee C would report and pay
on 28,302 Mcf, even though it actually
took 30,000 Mcf, and its entitled volume
is 37,500 Mcf. The 28,302 Mcf is
computed as follows:
(30,000 Mcf/53,000 Mcf) × 50,000 Mcf
= 28,302 Mcf for lessee C, where 53,000
Mcf (total sales for the property) is the
sum of 30,000 Mcf (lessee C’s total sales)
and 23,000 Mcf (lessee D’s total sales),
and 50,000 Mcf is the allocated volume
under the commingling approval for the
property. Lessee D’s initial reporting
and payment would be computed
similarly.
Considering lessees A and B: If a
lessee took no production (lessee B in
this example), it would not have to pay
any royalty. However, a lessee (lessee A
in this example) could pay royalty on a
volume greater than either its actual
takes or its entitled share. Under this
methodology, MMS would be made
whole each month because it would
receive royalty based on the total
Federal production subject to the
commingling approval each month.
Therefore, an adjustment to the entitled
volume, as discussed above for Example
1, would not be necessary. In Example
3, lessees would have to adjust their
payments among themselves.
As explained above, in instances
where a lessee pays on ‘‘Pure
Entitlements’’ such as Example 2, or
‘‘Proportionate Takes’’ such as Example
3, the lessee may take production that
is more or less than its entitled share. In
that case, a lessee would need to value
its entitled share. The MMS believes
that the best means of valuing the
entitled share is to apply a volume
weighted average of the royalty values
of the volumes actually taken to the
entitled shared volumes. The MMS
requests comments on any other
alternatives for valuing such volumes.
In addition, MMS is interested in
receiving comments on these three
Examples which describe alternative
methodologies. The MMS is also
interested in receiving comments on any
other alternative methodologies. If you
propose a methodology different from
those discussed above, please use our
example criteria and explain why you
believe your methodology is the best
alternative. In addition, MMS would
like your input on how the various
methodologies would affect your
business practices, bookkeeping, etc.
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Dated: November 14, 2005.
R.M. ‘‘Johnnie’’ Burton,
Assistant Secretary for Land and Minerals
Management.
[FR Doc. 05–23380 Filed 11–28–05; 8:45 am]
BILLING CODE 4310–MR–M
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 925
[Docket No. MO–038–FOR]
Missouri Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment
period and opportunity for public
hearing on proposed amendment.
AGENCY:
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
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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: IFOMAIL@osmre.gov.
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: https://
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:
IFOMAIL@osmre.gov.
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. Email: IFOMAIL@osmre.gov.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Proposed Rules
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
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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
Requirements
Bond
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
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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.
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Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Proposed Rules
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.
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.
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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
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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
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Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Proposed Rules
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 Federallyrecognized 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 Federallyrecognized 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.
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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
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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
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 926
[MT–025–FOR]
Montana Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment
period and opportunity for public
hearing on proposed amendment.
AGENCY:
SUMMARY: We are announcing receipt of
a 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
proposes 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.
Montana intends to revise its program
to be consistent with the corresponding
Federal regulations and SMCRA, and to
clarify ambiguities.
This document gives the times and
locations that the Montana 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
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]]>Agencies
[Federal Register Volume 70, Number 228 (Tuesday, November 29, 2005)]
[Proposed Rules]
[Pages 71425-71428]
From the Federal Register Online via the Government Printing 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: IFOMAIL@osmre.gov. 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: https://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: IFOMAIL@osmre.gov.
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: IFOMAIL@osmre.gov.
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
