Montana Regulatory Program, 40537-40539 [E9-19362]
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Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Proposed Rules
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 926
[SATS No: MT–030–FOR; Docket ID: OSM–
2009–0007]
Montana Regulatory Program
jlentini on DSKJ8SOYB1PROD with PROPOSALS
AGENCY: Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment
period and opportunity for public
hearing on proposed amendment.
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 the statute, the
Montana Code Annotated (MCA), about
determination of revegetation success
and final bond release. Montana intends
to revise its program to improve
operational efficiency.
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
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. September 11, 2009. If
requested, we will hold a public hearing
on the amendment on September 8,
2009. We will accept requests to speak
until 4 p.m., m.d.t. on August 27, 2009.
ADDRESSES: You may submit comments
by either of the following two methods:
Federal eRulemaking Portal: https://
https://www.regulations.gov . This
proposed rule has been assigned Docket
ID: OSM–2009–0007. If you would like
to submit comments through the Federal
eRulemaking Portal, go to https://
www.regulations.gov and do the
following. Click on the ‘‘Advanced
Docket Search’’ button on the right side
of the screen. Type in the Docket ID
‘‘OSM–2009–0007’’ and click the
‘‘Submit’’ button at the bottom of the
page. The next screen will display the
Docket Search Results for the
rulemaking. If you click on OSM–2009–
0007, you can view the proposed rule
and submit a comment. You can also
view supporting material and any
comments submitted by others.
• Mail/Hand Delivery/Courier: Jeffrey
Fleischman, Director, Casper Field
Office, Office of Surface Mining
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16:38 Aug 11, 2009
Jkt 217001
Reclamation and Enforcement, Federal
Building, 150 East B Street, Rm. 1018,
Casper, Wyoming 82601–1018.
For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see the ‘‘III. Public Comment
Procedures’’ in the SUPPLEMENTARY
INFORMATION section of this document.
In addition to viewing the docket and
obtaining copies of documents at
https://www.regulations.gov, you may
review copies of the Montana program,
this amendment, a listing of any 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
also receive one free copy of the
amendment by contacting OSM’s Casper
Field Office.
Jeffrey Fleischman, Director, Casper
Field Office, Office of Surface Mining
Reclamation and Enforcement, Federal
Building, 150 East B Street, Casper,
Wyoming 82601–1018, 307/261–06547,
JFleischman@osmre.gov.
Neil Harrington, Chief, Industrial and
Energy Minerals Bureau, Montana
Department of Environmental Quality,
1520 E. Sixth Avenue, P.O. Box 200901,
Helena, Montana, 406/444–4972,
neharrington@mt.gov.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Fleischman, Telephone: 307/
261–6547. Internet:
jfleischman@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Montana Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
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,
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40537
Federal Register (45 FR 21560). You can
also find later actions concerning
Montana’s program and program
amendments at 30 CFR 926.15, 926.16,
and 926.30.
II. Description of the Proposed
Amendment
By letter dated May 12, 2009,
Montana sent us a proposed amendment
to its program [Administrative Record
Docket ID No. OSM–2009–0007 under
SMCRA (30 U.S.C. 1201 et seq.)] 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.
Specifically, Montana proposes
changes to MCA 82–4–235(2), (3), and
(4), Determination of successful
revegetation—final bond release. The
proposed change to subsection (2)
would add a reference to proposed new
subsection (3). Proposed new subsection
(3) is modeled after a similar provision
in North Dakota’s Policy Memorandum
No. 20 to Mine Operators, dated January
29, 2009 (Revised). This new provision
would exempt selected disturbances
from the minimum 10-year revegetation
liability period. Exempted disturbances
could include sedimentation ponds,
topsoil stockpiles, roads, and other
water management or support facilities
areas up to a maximum of 10% of any
area for which bond release is sought.
Former subsection (3) would be
recodified as subsection (4). Additional
changes proposed to this subsection
include adding a reference to new
subsection (3) and editorial changes
resulting from those changes proposed
above.
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 Montana program.
Electronic or Written Comments
If you submit written comments, they
should be specific, confined to issues
pertinent to the proposed regulations,
and explain the reason for any
recommended change(s). We appreciate
any and all comments, but those most
useful and likely to influence decisions
on the final regulations will be those
that either involve personal experience
or include citations to and analyses of
SMCRA, its legislative history, its
implementing regulations, case law,
other pertinent Tribal or Federal laws or
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40538
Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Proposed Rules
regulations, technical literature, or other
relevant publications.
We cannot ensure that comments
received after the close of the comment
period (see DATES) or sent to an address
other than those listed above (see
ADDRESSES) will be included in the
docket for this rulemaking and
considered.
Public 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 in the
electronic docket for this rulemaking at
https://www.regulations.gov. While you
can ask us in your comment to withhold
your personal identifying information
from public review, we cannot
guarantee that we will be able to do so.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
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 August 27, 2009. 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. If only one person
expresses an interest, a public meeting
rather than a hearing may be held, with
the results included in the docket for
this rulemaking.
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.
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.
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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.
The rule does not involve or affect
Indian Tribes in any way.
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.
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.
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.
Paperwork Reduction Act
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.
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Executive Order 13211—Regulations
That Significantly Affect the Supply,
Distribution, or Use of Energy
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.).
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
counterpart 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.
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Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Proposed Rules
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
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 926
Intergovernmental relations, Surface
mining, Underground mining.
Dated: June 10, 2009.
Allen D. Klein,
Regional Director, Western Region.
[FR Doc. E9–19362 Filed 8–11–09; 8:45 am]
BILLING CODE 4310–05–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R08–RCRA–2009–0341; FRL–8940–9]
Colorado: Final Authorization of State
Hazardous Waste Management
Program Revisions
jlentini on DSKJ8SOYB1PROD with PROPOSALS
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: The state of Colorado has
applied to EPA for final authorization of
changes to its hazardous waste program
under the Resource Conservation and
Recovery Act (RCRA). EPA proposes to
grant final authorization to the
hazardous waste program changes
submitted by the state of Colorado. In
the ‘‘Rules and Regulations’’ section of
this Federal Register, EPA is
authorizing the changes in an
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Jkt 217001
immediate final rule. EPA did not
propose the rule prior to issuing the
immediate final rule because the
Agency believes this action is not
controversial and does not expect
comments that oppose it. We have
explained the reasons for this
authorization in the preamble to the
immediate final rule. Unless we receive
written comments that oppose this
authorization during the comment
period, the immediate final rule will
become effective on the date it
establishes, and EPA will not take
further action on this proposal. If the
Agency receives comments that oppose
this action, EPA will publish a
document in the Federal Register
withdrawing this rule before it takes
effect. EPA will then address public
comments in a later final rule based on
this proposal. Any parties interested in
commenting on this action must do so
at this time. EPA may not provide
further opportunity for comment.
DATES: Comments must be received on
or before September 11, 2009.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
RCRA–2009–0341, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• E-mail: cosentini.christina@epa.gov.
• Fax: (303) 312–6341.
• Mail: Send written comments to
Christina Cosentini, Solid and
Hazardous Waste Program, EPA Region
8, Mailcode 8P–HW, 1595 Wynkoop
Street, Denver, Colorado 80202–1129.
• Hand Delivery or Courier: Deliver
your comments to Christina Cosentini,
Solid and Hazardous Waste Program,
EPA Region 8, Mailcode 8P–HW, 1595
Wynkoop Street, Denver, Colorado
80202–1129. Deliveries are accepted
only during the Regional Office’s
normal hours of operation, 7 a.m. to 5
p.m. Special arrangements should be
made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–R08–RCRA–2009–
0341. EPA’s policy is that all comments
received will be included in the public
docket without change, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information,
the disclosure of which is restricted by
statute. Do not submit information that
you consider to be CBI or otherwise
protected through https://
www.regulations.gov, or e-mail. The
federal Web site https://
www.regulations.gov is an ‘‘anonymous
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40539
access’’ system, which means EPA will
not know your identity or contact
information unless you provide it in the
body of your comment. If you e-mail
your comment directly to EPA rather
than going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties, and cannot
contact you for clarification, EPA may
not be able to consider your comment.
Electronic files should avoid the use of
special characters or any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information
may not be publicly available, e.g., CBI
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy
from 9 a.m. to 4 a.m. at: EPA Region 8,
1595 Wynkoop Street, Denver,
Colorado, contact: Christina Cosentini,
phone number (303) 312–6231, or the
Colorado Department of Public Health
and Environment, 4300 Cherry Creek
Drive South, Denver, Colorado 80222–
1530, contact: Randy Perila, phone
number (303) 692–3364.
FOR FURTHER INFORMATION CONTACT:
Christina Cosentini, (303) 312–6231,
cosentini.christina@epa.gov or Randy
Perila, (303) 692–3364,
randy.perila@state.co.us.
For
additional information, please see the
immediate final rule published in the
‘‘Rules and Regulations’’ section of this
Federal Register.
SUPPLEMENTARY INFORMATION:
Dated: July 14, 2009.
Carol Rushin,
Acting Regional Administrator, Region 8.
[FR Doc. E9–19317 Filed 8–11–09; 8:45 am]
BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 74, Number 154 (Wednesday, August 12, 2009)]
[Proposed Rules]
[Pages 40537-40539]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19362]
[[Page 40537]]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 926
[SATS No: MT-030-FOR; Docket ID: OSM-2009-0007]
Montana 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.
-----------------------------------------------------------------------
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 the statute, the Montana
Code Annotated (MCA), about determination of revegetation success and
final bond release. Montana intends to revise its program to improve
operational efficiency.
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 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. September 11, 2009. If requested, we will hold a public hearing
on the amendment on September 8, 2009. We will accept requests to speak
until 4 p.m., m.d.t. on August 27, 2009.
ADDRESSES: You may submit comments by either of the following two
methods:
Federal eRulemaking Portal: https://https://www.regulations.gov .
This proposed rule has been assigned Docket ID: OSM-2009-0007. If you
would like to submit comments through the Federal eRulemaking Portal,
go to https://www.regulations.gov and do the following. Click on the
``Advanced Docket Search'' button on the right side of the screen. Type
in the Docket ID ``OSM-2009-0007'' and click the ``Submit'' button at
the bottom of the page. The next screen will display the Docket Search
Results for the rulemaking. If you click on OSM-2009-0007, you can view
the proposed rule and submit a comment. You can also view supporting
material and any comments submitted by others.
Mail/Hand Delivery/Courier: Jeffrey Fleischman, Director,
Casper Field Office, Office of Surface Mining Reclamation and
Enforcement, Federal Building, 150 East B Street, Rm. 1018, Casper,
Wyoming 82601-1018.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see the ``III. Public Comment
Procedures'' in the SUPPLEMENTARY INFORMATION section of this document.
In addition to viewing the docket and obtaining copies of documents
at https://www.regulations.gov, you may review copies of the Montana
program, this amendment, a listing of any 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 also receive one free copy of the amendment
by contacting OSM's Casper Field Office.
Jeffrey Fleischman, Director, Casper Field Office, Office of
Surface Mining Reclamation and Enforcement, Federal Building, 150 East
B Street, Casper, Wyoming 82601-1018, 307/261-06547,
JFleischman@osmre.gov.
Neil Harrington, Chief, Industrial and Energy Minerals Bureau,
Montana Department of Environmental Quality, 1520 E. Sixth Avenue, P.O.
Box 200901, Helena, Montana, 406/444-4972, neharrington@mt.gov.
FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Telephone: 307/
261-6547. Internet: jfleischman@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Montana Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
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 amendments at 30 CFR 926.15, 926.16, and 926.30.
II. Description of the Proposed Amendment
By letter dated May 12, 2009, Montana sent us a proposed amendment
to its program [Administrative Record Docket ID No. OSM-2009-0007 under
SMCRA (30 U.S.C. 1201 et seq.)] 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.
Specifically, Montana proposes changes to MCA 82-4-235(2), (3), and
(4), Determination of successful revegetation--final bond release. The
proposed change to subsection (2) would add a reference to proposed new
subsection (3). Proposed new subsection (3) is modeled after a similar
provision in North Dakota's Policy Memorandum No. 20 to Mine Operators,
dated January 29, 2009 (Revised). This new provision would exempt
selected disturbances from the minimum 10-year revegetation liability
period. Exempted disturbances could include sedimentation ponds,
topsoil stockpiles, roads, and other water management or support
facilities areas up to a maximum of 10% of any area for which bond
release is sought.
Former subsection (3) would be recodified as subsection (4).
Additional changes proposed to this subsection include adding a
reference to new subsection (3) and editorial changes resulting from
those changes proposed above.
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 Montana program.
Electronic or Written Comments
If you submit written comments, they should be specific, confined
to issues pertinent to the proposed regulations, and explain the reason
for any recommended change(s). We appreciate any and all comments, but
those most useful and likely to influence decisions on the final
regulations will be those that either involve personal experience or
include citations to and analyses of SMCRA, its legislative history,
its implementing regulations, case law, other pertinent Tribal or
Federal laws or
[[Page 40538]]
regulations, technical literature, or other relevant publications.
We cannot ensure that comments received after the close of the
comment period (see DATES) or sent to an address other than those
listed above (see ADDRESSES) will be included in the docket for this
rulemaking and considered.
Public 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 in the electronic docket
for this rulemaking at https://www.regulations.gov. While you can ask us
in your comment to withhold your personal identifying information from
public review, 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
August 27, 2009. 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. If only one
person expresses an interest, a public meeting rather than a hearing
may be held, with the results included in the docket for this
rulemaking.
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.
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
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 counterpart 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.
[[Page 40539]]
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 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 926
Intergovernmental relations, Surface mining, Underground mining.
Dated: June 10, 2009.
Allen D. Klein,
Regional Director, Western Region.
[FR Doc. E9-19362 Filed 8-11-09; 8:45 am]
BILLING CODE 4310-05-P