North Dakota Regulatory Program, 35781-35783 [2013-13835]
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Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS
that the activity will be conducted
consistent with the Memorandum of
Agreement. In the absence of
certification from the State
Archaeologist or if no State permit is
required, a person may secure a
sanctuary general permit directly from
NOAA to conduct a prohibited activity
if the activity is conducted in
accordance with a Federal permit. Even
though this proposed rule may result in
a few additional permit applications,
due to the overall larger area under
management, this rulemaking would not
appreciably change the average annual
number of respondents on a national
level or the reporting burden for this
information requirement. Therefore,
NOAA has determined that the
proposed regulations do not necessitate
a modification to its information
collection approval by the Office of
Management and Budget under the
Paperwork Reduction Act.
Comments regarding this burden
estimate, or any other aspect of this data
collection, including suggestions for
reducing the burden, may be sent to
NOAA (see ADDRESSES) and to OMB by
email to
OIRA_submission@omb.eop.gov or fax
to (202) 395–7285. Notwithstanding any
other provision of law, no person is
required to respond to, nor shall any
person be subject to a penalty for failure
to comply with, a collection of
information subject to the requirements
of the PRA, unless that collection of
information displays a currently valid
OMB Control Number.
G. National Historic Preservation Act
The National Historic Preservation
Act of 1966 (NHPA; Pub. L. 89–665; 16
U.S.C. 470 et seq.) is intended to
preserve historical and archaeological
sites in the United States of America.
The act created the National Register of
Historic Places, the list of National
Historic Landmarks, and the State
Historic Preservation Offices. Section
106 of the NHPA requires Federal
agencies to take into account the effects
of their undertakings on historic
properties, and afford the Advisory
Council on Historic Preservation
(ACHP) a reasonable opportunity to
comment. The historic preservation
review process mandated by Section
106 is outlined in regulations issued by
ACHP (36 CFR part 800). The Michigan
State Historic Preservation Office,
which implements section 106 of the
NHPA, is located in the Michigan State
Housing Development Authority. NOAA
has and continues to consult with the
State Historic Preservation Officer on
matters related to Section 106 of the
NHPA. A programmatic agreement will
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Jkt 229001
be developed if the expansion of the
sanctuary is finalized and if it is
determined to be necessary.
V. Request for Comments
NOAA requests comments on this
proposed rule for 60 days after
publication of this notice.
List of Subjects in 15 CFR Part 922
Administrative practice and
procedure, Coastal zone, Fishing gear,
Marine resources, Natural resources,
Penalties, Recreation and recreation
areas, Wildlife.
(Federal Domestic Assistance Catalog
Number 11.429 Marine Sanctuary Program)
Dated: June 6, 2013.
Holly A. Bamford,
Assistant Administrator, National Ocean
Service National Oceanic and Atmospheric
Administration.
Accordingly, for the reasons set forth
above, NOAA proposes amending part
922, title 15 of the Code of Federal
Regulations as follows:
PART 922 SUBPART R—THUNDER
BAY NATIONAL MARINE SANCTUARY
AND UNDERWATER PRESERVE
1. The authority citation for part 922
continues to read as follows:
35781
11. The table in Appendix A of this
Subpart provides several useful
coordinates along the boundary of the
sanctuary.
■ 3. Revise Appendix A to Subpart R of
Part 922 to read as follows:
Appendix A to Subpart R of Part 922—
Thunder Bay National Marine
Sanctuary and Underwater Preserve
Boundary Coordinates
[Based on North American Datum of 1983]
Point ID
1 ................
2 ................
3 ................
4 ................
5 ................
6 ................
7 ................
8 ................
9 ................
10 ..............
11 ..............
Latitude
(north)
44.512834
44.858147
45.208484
45.335902
45.771937
45.773944
45.833333
45.833333
45.662858
44.511734
44.512834
Longitude
(west)
¥82.329519
¥82.408717
¥82.490596
¥82.52064
¥83.483974
¥83.636867
¥83.584432
¥84.333333
¥84.333333
¥83.320169
¥82.329519
[FR Doc. 2013–13908 Filed 6–13–13; 8:45 am]
BILLING CODE 3510–NK–P
DEPARTMENT OF THE INTERIOR
■
Authority: 16 U.S.C. 1431 et seq.
■
Office of Surface Mining Reclamation
and Enforcement
2. Revise § 922.190 to read as follows:
30 CFR Part 934
§ 922.190
Boundary.
The Thunder Bay National Marine
Sanctuary and Underwater Preserve
(Sanctuary) consists of an area of
approximately 4,300 square miles
(11,137 square kilometers) of waters of
Lake Huron and the submerged lands
thereunder, over, around, and under the
underwater cultural resources in
Thunder Bay. The eastern boundary of
the sanctuary begins at the intersection
of the southern Alcona County
boundary and the U.S./Canada
international boundary (Point 1). The
eastern boundary of the sactuary follows
the international boundary passing
through Points 2–6 until it intersects
with the 45°50′ N line of latitude at
Point 7. The northern boundary follows
the line of latitude 45°50′ N westward
until it intersects the 84°20′ W line of
longitude at Point 8. The western
boundary extends south along the
84°20′ W line of longitude towards Point
9 until it intersects the ordinary high
water mark at Cordwood Point. From
there, the western boundary follows the
ordinary high water mark as defined by
Part 325, Great Lakes Submerged Lands,
of P.A. 451(1994), as amended, until it
intersects the southern Alcona County
boundary between Point 10 and Point
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[SATS No. ND–052–FOR; Docket ID OSM–
2012–0021; S1D1S SS08011000 SX066A000
67F 134S180110; S2D2S SS08011000
SX066A00 33F 13XS501520]
North Dakota Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; reopening of
public comment period and opportunity
for public hearing.
AGENCY:
SUMMARY: We are announcing receipt of
North Dakota’s response to the Office of
Surface Mining Reclamation and
Enforcement’s (OSM) March 13, 2013,
issue letter pertaining to a previously
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 intends to
revise its program to be consistent with
the corresponding Federal regulations,
add a new subsection to an existing rule
with general requirements on the format
of electronic applications, and make a
minor correction to a provision
pertaining to a separate rule which was
amended to no longer require renewal of
a permit once lands in that permit are
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14JNP1
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35782
Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Proposed Rules
no longer being mined or used in the
support of mining. 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: The comment period for the
proposed rule published January 29,
2013 (78 FR 6062), is reopened. We will
accept written comments on this
amendment until 4 p.m., m.d.t. July 1,
2013. If requested, we will hold a public
hearing on the amendment on July 1,
2013. We will accept requests to speak
until 4 p.m., m.d.t. on July 1, 2013.
ADDRESSES: You may submit comments
by either of the following two methods:
• Federal eRulemaking Portal:
www.regulations.gov. This proposed
rule has been assigned Docket ID: OSM–
2012–0021. If you would like to submit
comments through the Federal
eRulemaking Portal, go to
www.regulations.gov and follow the
instructions.
• Mail/Hand Delivery/Courier: Jeffrey
Fleischman, Director, Casper Field
Office, Office of Surface Mining
Reclamation and Enforcement, Dick
Cheney Federal Building, POB 11018,
150 East B Street Casper, Wyoming
82601–1018.
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
www.regulations.gov, you may review
copies of the North Dakota 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, Dick
Cheney Federal Building, PO Box
11018, 150 East B Street, Casper,
Wyoming 82601–1018, (307) 261–6555,
jfleischman@osmre.gov.
James Deutsch, Director, Reclamation
Division, North Dakota Public Service
Commission, 600 East Boulevard, Dept.
408, Bismarck, North Dakota 58505–
0480, (701) 328–2251, jdeutsch@nd.gov.
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FOR FURTHER INFORMATION CONTACT:
Jeffrey Fleischman, Telephone: (307)
261–6555. 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, 934.16, and 934.30.
II. Description of the Proposed
Amendment
By letter dated November 14, 2012,
North Dakota sent us a proposed
amendment to its program
(Administrative Record Document ID
No. OSM–2012–0021–0002) under
SMCRA (30 U.S.C. 1201 et seq.). North
Dakota sent the amendment in response
to a October 2, 2009 letter (Document ID
No. OSM–2012–0021–0004) that we
sent to North Dakota in accordance with
30 CFR 732.17(c), and to include the
changes made at its own initiative. The
full text of the program amendment is
available for you to read at the locations
listed above under ADDRESSES.
Specifically, North Dakota proposes to
add and change a number of rules in the
North Dakota Administrative Code
(NDAC) Section 69–5.2. The changes
regard the use of OSM’s Applicant
Violator System (AVS) prior to the
approval of permits, renewals, and
certain revisions. The proposed rule
also contains procedures for coal
operators to use if they want to submit
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Fmt 4702
Sfmt 4702
challenges to information in the AVS.
These changes are being proposed to
bring North Dakota’s coal program into
compliance with the counterpart
Federal rules regarding the AVS and
ownership and control. Additionally,
North Dakota is submitting a proposed
rule change that adds specificity to the
format requirements of electronic
applications and a change which
updates a provision to no longer require
the renewal of a permit once surface
mining is completed and only
reclamation work remains.
We announced receipt of the
proposed amendment in the January 29,
2013 Federal Register (78 FR 6062;
Administrative Record No. OSM–2012–
0021–0001), provided an opportunity
for a public hearing or meeting, and
invited public comment on the
proposed amendment. Because no one
requested a public hearing or meeting,
none was held. The public comment
period ended on February 28, 2013. We
received a letter from the Bureau of
Land Management stating that they had
no comment. We did not receive any
comments from the general public.
During our review of the amendment,
we identified an area of concern
regarding the fact that North Dakota
failed to provide a counterpart rule to 30
CFR 774.12(c)(1). We notified North
Dakota of our concerns on March 13,
2013 (Administrative Record No. OSM–
2012–0021–0007 and OSM–2012–0021–
0008). North Dakota responded in a
letter dated May 10, 2013 by revising
their proposed amendment language
(Administrative Record No. OSM–2012–
0021–0009). Specifically, North Dakota
corrected a drafting error which
occurred from the use of a previous
version of the 30 CFR rules by
modifying NDAC Section 69–05.2–10–
09. The proposed modification provides
State counterpart language to 30 CFR
778.11(d), which is referenced in 30
CFR 774.12(c)(1).
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.
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
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Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Proposed Rules
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
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.
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.
Public Availability of Comments
Before including your address, phone
number, email 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 anytime.
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.
Other Laws and Executive Orders
Affecting Rulemaking
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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 July 1, 2013. 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
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
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IV. Procedural Determinations
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
(Regulatory Planning and Review).
When a State submits a program
amendment to OSM for review, our
regulations at 30 CFR 732.17(h) require
us to publish a notice in the Federal
Register indicating receipt of the
proposed amendment, its text or a
summary of its terms, and an
opportunity for public comment. We
conclude our review of the proposed
amendment after the close of the public
comment period and determine whether
the amendment should be approved,
approved in part, or not approved. At
that time, we will also make the
determinations and certifications
required by the various laws and
executive orders governing the
rulemaking process and include them in
the final rule.
List of Subjects in 30 CFR Part 934
Intergovernmental relations, Surface
mining, Underground mining.
Dated: May 16, 2013.
Allen D. Klein,
Director, Western Region.
[FR Doc. 2013–13835 Filed 6–13–13; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
35783
property on navigable waters
immediately prior to, during, and
immediately after regattas or marine
parades. This proposed rule will
establish restrictions upon, and control
the movement of, vessels in a portion of
the Captain of the Port Lake Michigan
Zone.
Comments and related material
must be received by the Coast Guard on
or before July 15, 2013.
DATES:
You may submit comments
identified by docket number USCG–
2013–0327 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
(4) Hand Delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
ADDRESSES:
If
you have questions on this proposed
rule, call or email MST1 Joseph
McCollum, Prevention Department,
Coast Guard, Sector Lake Michigan,
Milwaukee, WI, telephone (414) 747–
7148, email
Joseph.P.McCollum@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone 202–366–9826.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
33 CFR Part 100
Table of Acronyms
[Docket No. USCG–2013–0327]
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
CFR Code of Federal Regulations
RIN 1625–AA08
Regattas and Marine Parades in the
COTP Lake Michigan Zone
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
amend special local regulations for
annual regattas and marine parades in
the Captain of the Port Lake Michigan
Zone. This proposed rule is intended to
provide for the safety of life and
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A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
E:\FR\FM\14JNP1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Proposed Rules]
[Pages 35781-35783]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13835]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 934
[SATS No. ND-052-FOR; Docket ID OSM-2012-0021; S1D1S SS08011000
SX066A000 67F 134S180110; S2D2S SS08011000 SX066A00 33F 13XS501520]
North Dakota Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; reopening of public comment period and
opportunity for public hearing.
-----------------------------------------------------------------------
SUMMARY: We are announcing receipt of North Dakota's response to the
Office of Surface Mining Reclamation and Enforcement's (OSM) March 13,
2013, issue letter pertaining to a previously 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 intends to revise its program
to be consistent with the corresponding Federal regulations, add a new
subsection to an existing rule with general requirements on the format
of electronic applications, and make a minor correction to a provision
pertaining to a separate rule which was amended to no longer require
renewal of a permit once lands in that permit are
[[Page 35782]]
no longer being mined or used in the support of mining. 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: The comment period for the proposed rule published January 29,
2013 (78 FR 6062), is reopened. We will accept written comments on this
amendment until 4 p.m., m.d.t. July 1, 2013. If requested, we will hold
a public hearing on the amendment on July 1, 2013. We will accept
requests to speak until 4 p.m., m.d.t. on July 1, 2013.
ADDRESSES: You may submit comments by either of the following two
methods:
Federal eRulemaking Portal: www.regulations.gov. This
proposed rule has been assigned Docket ID: OSM-2012-0021. If you would
like to submit comments through the Federal eRulemaking Portal, go to
www.regulations.gov and follow the instructions.
Mail/Hand Delivery/Courier: Jeffrey Fleischman, Director,
Casper Field Office, Office of Surface Mining Reclamation and
Enforcement, Dick Cheney Federal Building, POB 11018, 150 East B Street
Casper, Wyoming 82601-1018.
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 www.regulations.gov, you may review copies of the North Dakota
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, Dick Cheney Federal
Building, PO Box 11018, 150 East B Street, Casper, Wyoming 82601-1018,
(307) 261-6555, jfleischman@osmre.gov.
James Deutsch, Director, Reclamation Division, North Dakota Public
Service Commission, 600 East Boulevard, Dept. 408, Bismarck, North
Dakota 58505-0480, (701) 328-2251, jdeutsch@nd.gov.
FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Telephone: (307)
261-6555. 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, 934.16, and 934.30.
II. Description of the Proposed Amendment
By letter dated November 14, 2012, North Dakota sent us a proposed
amendment to its program (Administrative Record Document ID No. OSM-
2012-0021-0002) under SMCRA (30 U.S.C. 1201 et seq.). North Dakota sent
the amendment in response to a October 2, 2009 letter (Document ID No.
OSM-2012-0021-0004) that we sent to North Dakota in accordance with 30
CFR 732.17(c), and to include the changes made at its own initiative.
The full text of the program amendment is available for you to read at
the locations listed above under ADDRESSES.
Specifically, North Dakota proposes to add and change a number of
rules in the North Dakota Administrative Code (NDAC) Section 69-5.2.
The changes regard the use of OSM's Applicant Violator System (AVS)
prior to the approval of permits, renewals, and certain revisions. The
proposed rule also contains procedures for coal operators to use if
they want to submit challenges to information in the AVS. These changes
are being proposed to bring North Dakota's coal program into compliance
with the counterpart Federal rules regarding the AVS and ownership and
control. Additionally, North Dakota is submitting a proposed rule
change that adds specificity to the format requirements of electronic
applications and a change which updates a provision to no longer
require the renewal of a permit once surface mining is completed and
only reclamation work remains.
We announced receipt of the proposed amendment in the January 29,
2013 Federal Register (78 FR 6062; Administrative Record No. OSM-2012-
0021-0001), provided an opportunity for a public hearing or meeting,
and invited public comment on the proposed amendment. Because no one
requested a public hearing or meeting, none was held. The public
comment period ended on February 28, 2013. We received a letter from
the Bureau of Land Management stating that they had no comment. We did
not receive any comments from the general public.
During our review of the amendment, we identified an area of
concern regarding the fact that North Dakota failed to provide a
counterpart rule to 30 CFR 774.12(c)(1). We notified North Dakota of
our concerns on March 13, 2013 (Administrative Record No. OSM-2012-
0021-0007 and OSM-2012-0021-0008). North Dakota responded in a letter
dated May 10, 2013 by revising their proposed amendment language
(Administrative Record No. OSM-2012-0021-0009). Specifically, North
Dakota corrected a drafting error which occurred from the use of a
previous version of the 30 CFR rules by modifying NDAC Section 69-05.2-
10-09. The proposed modification provides State counterpart language to
30 CFR 778.11(d), which is referenced in 30 CFR 774.12(c)(1).
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.
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
[[Page 35783]]
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
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, email 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 anytime. 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 July
1, 2013. 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 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 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
Other Laws and Executive Orders Affecting Rulemaking
When a State submits a program amendment to OSM for review, our
regulations at 30 CFR 732.17(h) require us to publish a notice in the
Federal Register indicating receipt of the proposed amendment, its text
or a summary of its terms, and an opportunity for public comment. We
conclude our review of the proposed amendment after the close of the
public comment period and determine whether the amendment should be
approved, approved in part, or not approved. At that time, we will also
make the determinations and certifications required by the various laws
and executive orders governing the rulemaking process and include them
in the final rule.
List of Subjects in 30 CFR Part 934
Intergovernmental relations, Surface mining, Underground mining.
Dated: May 16, 2013.
Allen D. Klein,
Director, Western Region.
[FR Doc. 2013-13835 Filed 6-13-13; 8:45 am]
BILLING CODE 4310-05-P
