Montana Regulatory Program, 52086-52088 [2023-16849]
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52086
Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Proposed Rules
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 12866 provides that
the Office of Information and Regulatory
Affairs in the Office of Management and
Budget (OMB) will review all significant
rules. Pursuant to OMB guidance, dated
October 12, 1993, the approval of State
program and/or AML plan amendments
is exempted from OMB review under
Executive Order 12866. Executive Order
13563, which reaffirms and
supplements Executive Order 12866,
retains this exemption.
ddrumheller on DSK120RN23PROD with PROPOSALS1
Other Laws and Executive Orders
Affecting Rulemaking
When a State submits a program
amendment to OSMRE 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
17:11 Aug 04, 2023
Jkt 259001
List of Subjects in 30 CFR Part 926
State regulatory program approval,
State-federal cooperative agreement,
Required program amendments.
David A. Berry,
Regional Director, Unified Regions 5, 7–11.
[FR Doc. 2023–16848 Filed 8–4–23; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 926
[SATS No. MT–043–FOR; Docket ID: OSM–
2023–0008; S1D1S SS08011000 SX064A000
231S180110; S2D2S SS08011000
SX064A000 23XS501520]
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:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSMRE), 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). During the
2023 legislative session, the Montana
legislature passed Senate Bill 392 (SB
392), amending the Montana Strip and
Underground Mine Reclamation Act
(MSUMRA) as well as the Montana
Code Annotated (MCA). Accordingly,
Montana submitted this proposed
amendment to OSMRE on its own
initiative. Montana’s proposal adds a
provision for the equal application of
court costs to the prevailing party in
contested case proceedings by a court or
administrative agency that issues a
decision. The proposal also amends the
MCA to reference the equal application
of court costs in section1. Finally, the
proposal includes codification
instructions, a severability clause, an
effective date, and an applicability
statement. This document gives the
times and locations that the Montana
program and this proposed amendment
to the program are available for your
inspection, the comment period during
which you may submit written
comments on the amendment, and the
SUMMARY:
Executive Order 12866—Regulatory
Planning and Review and Executive
Order 13563—Improving Regulation
and Regulatory Review
VerDate Sep<11>2014
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.
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procedures that we will follow for the
public hearing, if one is requested.
DATES: We will accept written
comments on this amendment until 4:00
p.m., M.D.T, September 6, 2023. If
requested, we may hold a public hearing
or meeting on the amendment on
September 1, 2023. We will accept
requests to speak at a hearing until 4:00
p.m., M.D.T. on August 22, 2023.
ADDRESSES: You may submit comments,
identified by SATS No. MT–043–FOR,
by any of the following methods:
• Mail/Hand Delivery: OSMRE, Attn:
Jeffrey Fleischman, P.O. Box 11018, 100
East B Street, Room 4100, Casper,
Wyoming 82602.
• Fax: (307) 261–6552.
• Federal eRulemaking Portal: The
amendment has been assigned Docket
ID: OSM–2023–0008. If you would like
to submit comments, go to https://
www.regulations.gov. Follow the
instructions for submitting comments.
We cannot ensure that comments
received after the close of the comment
period (see DATES) or sent to an address
other than the ones listed above will be
included in the docket for this
rulemaking and considered.
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 Montana program,
this amendment, a listing of any
scheduled public hearings or meetings,
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 OSMRE’s Casper Field
Office or the full text of the program
amendment is available for you to read
at www.regulations.gov.
Attn: Jeffrey Fleischman, Field Office
Director, Office of Surface Mining
Reclamation and Enforcement, 100
East B Street, Casper, Wyoming
82602, Telephone: (307) 261–6550,
Email: jfleischman@osmre.gov
In addition, you may review a copy of
the amendment during regular business
hours at the following location:
Attn: Dan Walsh, Mining Bureau Chief,
Coal and Opencut Mining Bureau,
Department of Environmental Quality,
P.O. Box 200901, Helena, MT 59601–
0901, Telephone: (406) 444–6791,
Email: dwalsh@mt.gov
E:\FR\FM\07AUP1.SGM
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Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Proposed Rules
FOR FURTHER INFORMATION CONTACT:
Attn: Jeffrey Fleischman, Field Office
Director, Office of Surface Mining
Reclamation and Enforcement, 100
East B Street, Casper, Wyoming
82602, Telephone: (307) 261–6550,
Email: jfleischman@osmre.gov
SUPPLEMENTARY INFORMATION:
I. Background on the Montana Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
ddrumheller on DSK120RN23PROD with PROPOSALS1
I. Background on the Montana Program
Subject to OSMRE’s oversight, section
503(a) of SMCRA permits a State to
assume primacy for the regulation of
surface coal mining and reclamation
operations on non-Federal and nonIndian lands within its borders by
demonstrating that its approved, State
program includes, among other things,
State laws and regulations that govern
surface coal mining and reclamation
operations in accordance with SMCRA
and consistent with the Federal
regulations. See 30 U.S.C. 1253(a)(1)
and (7).
On the basis of these criteria, the
Secretary of the Interior approved the
Montana program on October 24, 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 October
24, 1980, Federal Register (45 FR
70445). You can also find later actions
concerning the Montana program and
program amendments at 30 CFR 926.25.
II. Description of the Proposed
Amendment
By letter dated June 22, 2023
(Administrative Record No. MT–043–
01), Montana sent us an amendment to
its program under SMCRA (30 U.S.C.
1201 et seq.). We found Montana’s
proposed amendment to be
administratively complete on June 27,
2023. Montana submitted this proposed
amendment to us, of its own volition,
following the passage of Montana
Senate Bill 392 (SB 392) during the 2023
legislative session. SB 392 amends the
MSUMRA as well as § 82–4–251 and
§ 82–4–252 of the MCA. SB 392 also
adds four contingencies that apply to
the proposed amendments.
Under section 1 of SB 392 Montana
proposes to add a provision to MCA,
section 1, for the equal application of
court costs to the prevailing party in
contested case proceedings by a court or
administrative agency that issues a
decision pursuant to § 82–4–2. This
proposed section allows that a court or
administrative agency may award the
prevailing party reasonable costs of
VerDate Sep<11>2014
17:11 Aug 04, 2023
Jkt 259001
litigation, including filing fees, attorney
fees, and witness costs. Under this
proposal a court or administrative
agency may not consider the identity of
the party when awarding costs. This
includes the permittee, permit
applicant, agency, public interest
litigant, or other party to the action. The
proposal applies equally to all parties in
an action and places the burden of proof
and persuasion for awarding court costs
on the requesting party. SB 392 does not
state where section 1 will be codified in
the MCA. This will be done by the
legislature later; however, section 1 will
be an integral part of the MCA.
Next, the proposal amends § 82–4–
251(7) and § 82–4–252(5) to reference
the equal application of court costs in
section 1. § 82–4–251(7), which
discusses the awarding of court costs,
strikes out the word ‘‘Whenever’’ and
adds the language ‘‘Subject to the
provisions of [section 1], whenever
. . .’’. § 82–4–252(5), which also
discusses the awarding of court costs,
strikes out the language ‘‘. . . to any
party whenever the court determines
that the award is appropriate . . .’’ and
adds ‘‘. . . pursuant to [section 1] . . .’’.
Lastly, SB 392 adds four
contingencies to section 1 and the
proposed amendments to § 82–4–251
and § 82–4–252. The contingencies will
not be codified into the MCA but apply
to section 1 as proposed and the
amended sections of the MCA. Section
4 of SB 392 contains codification
instructions which state that [section 1]
is intended to be codified as an integral
part of § 82–4–2 and the provisions of
§ 82–4–2 apply to [section 1]. Section 5
is a severability clause and states that if
a part of SB 392 found invalid, any
part(s) found valid will remain in effect.
Section 6 of SB 392 is an effective date,
which states that the act is effective on
passage and approval. Lastly, section 7
of SB 392 is an applicability clause,
which states that SB 392 applies to
court actions filed on or after the
effective date of SB 392.
The full text of the program and/or
plan amendment is available for you to
read at the locations listed above under
ADDRESSES or at www.regulations.gov.
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.
Electronic or Written Comments
If you submit written or electronic
comments on the proposed rule during
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52087
the 30-day comment period, 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
State 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 (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 any time.
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
4:00 p.m., MDT. on August 22, 2023. 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
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.
E:\FR\FM\07AUP1.SGM
07AUP1
52088
Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Proposed Rules
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 and Executive
Order 13563—Improving Regulation
and Regulatory Review
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs in the Office of Management and
Budget (OMB) will review all significant
rules. Pursuant to OMB guidance, dated
October 12, 1993, the approval of State
program and/or AML plan amendments
is exempted from OMB review under
Executive Order 12866. Executive Order
13563, which reaffirms and
supplements Executive Order 12866,
retains this exemption.
Other Laws and Executive Orders
Affecting Rulemaking
ddrumheller on DSK120RN23PROD with PROPOSALS1
When a State submits a program
amendment to OSMRE 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 926
State regulatory program approval,
State-federal cooperative agreement,
Required program amendments.
David A. Berry,
Regional Director, Unified Regions 5, 7–11.
[FR Doc. 2023–16849 Filed 8–4–23; 8:45 am]
BILLING CODE 4310–05–P
VerDate Sep<11>2014
17:11 Aug 04, 2023
Jkt 259001
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 14 and 64
[CG Docket Nos. 23–161, 10–213, 03–123;
FCC 23–50; FR ID 157623]
Access to Video Conferencing
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the Federal
Communications Commission (FCC or
Commission) proposes to amend its
rules to ensure that interoperable video
conferencing services (IVCS) are
accessible to people with disabilities
and to facilitate the integration and
appropriate use of telecommunications
relay services (TRS) with video
conferencing. These amendments are
proposed to meet the need for people
with disabilities to participate fully in
video conferences, a technology that
appears to have permanently altered the
norms of modern communication in the
workplace, healthcare, education, social
interaction, and civic life.
DATES: Comments are due September 6,
2023. Reply comments are due October
6, 2023.
ADDRESSES: You may submit comments,
identified by CG Docket Nos. 23–161,
10–213, and 03–123 by either of the
following methods:
• Federal Communications
Commission’s Website: https://
www.fcc.gov/ecfs/filings. Follow the
instructions for submitting comments.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. If more than one
docket or rulemaking number appears in
the caption of this proceeding, filers
must submit two additional copies for
each additional docket or rulemaking
number. Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see document FCC 23–50 at https://
docs.fcc.gov/public/attachments/FCC23-50A1.pdf.
FOR FURTHER INFORMATION CONTACT:
William Wallace, Disability Rights
Office, Consumer and Governmental
Affairs Bureau, at 202–418–2716, or
William.Wallace@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Notice of
SUMMARY:
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Proposed Rulemaking, document FCC
23–50, adopted on June 8, 2023,
released on June 12, 2023, in CG Docket
Nos. 23–161, 10–213, and 03–123. Also,
this document has a companion
document published at 88 FR 50053,
August 1, 2023. The full text of
document FCC 23–50 is available for
public inspection and copying via the
Commission’s Electronic Comment
Filing System (ECFS).
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to fcc504@
fcc.gov or call the Consumer and
Governmental Affairs Bureau at (202)
418–0530.
Ex Parte Rules. This proceeding shall
be treated as a permit-but-disclose
proceeding in accordance with the
Commission’s ex parte rules. 47 CFR
1.1200 et seq. Persons making ex parte
presentations must file a copy of any
written presentation or a memorandum
summarizing any oral presentation
within two business days after the
presentation (unless a different deadline
applicable to the Sunshine period
applies). Persons making oral ex parte
presentations are reminded that
memoranda summarizing the
presentation must (1) list all persons
attending or otherwise participating in
the meeting at which the ex parte
presentation was made, and (2)
summarize all data presented and
arguments made during the
presentation. If the presentation
consisted in whole or in part of the
presentation of data or arguments
already reflected in the presenter’s
written comments, memoranda, or other
filings in the proceeding, the presenter
may provide citations to such data or
arguments in his or her prior comments,
memoranda, or other filings (specifying
the relevant page and/or paragraph
numbers where such data or arguments
can be found) in lieu of summarizing
them in the memorandum. Documents
shown or given to Commission staff
during ex parte meetings are deemed to
be written ex parte presentations and
must be filed consistent with § 1.1206(b)
of the Commission’s rules. In
proceedings governed by § 1.49(f) of the
Commission’s rules or for which the
Commission has made available a
method of electronic filing, written ex
parte presentations and memoranda
summarizing oral ex parte
presentations, and all attachments
thereto, must be filed through the
electronic comment filing system
available for that proceeding, and must
be filed in their native format (e.g., .doc,
.xml, .ppt, searchable .pdf). Participants
in this proceeding should familiarize
E:\FR\FM\07AUP1.SGM
07AUP1
]]>Agencies
[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Proposed Rules]
[Pages 52086-52088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16849]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 926
[SATS No. MT-043-FOR; Docket ID: OSM-2023-0008; S1D1S SS08011000
SX064A000 231S180110; S2D2S SS08011000 SX064A000 23XS501520]
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, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), 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). During
the 2023 legislative session, the Montana legislature passed Senate
Bill 392 (SB 392), amending the Montana Strip and Underground Mine
Reclamation Act (MSUMRA) as well as the Montana Code Annotated (MCA).
Accordingly, Montana submitted this proposed amendment to OSMRE on its
own initiative. Montana's proposal adds a provision for the equal
application of court costs to the prevailing party in contested case
proceedings by a court or administrative agency that issues a decision.
The proposal also amends the MCA to reference the equal application of
court costs in section1. Finally, the proposal includes codification
instructions, a severability clause, an effective date, and an
applicability statement. This document gives the times and locations
that the Montana program and this proposed amendment to the 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 4:00
p.m., M.D.T, September 6, 2023. If requested, we may hold a public
hearing or meeting on the amendment on September 1, 2023. We will
accept requests to speak at a hearing until 4:00 p.m., M.D.T. on August
22, 2023.
ADDRESSES: You may submit comments, identified by SATS No. MT-043-FOR,
by any of the following methods:
Mail/Hand Delivery: OSMRE, Attn: Jeffrey Fleischman, P.O.
Box 11018, 100 East B Street, Room 4100, Casper, Wyoming 82602.
Fax: (307) 261-6552.
Federal eRulemaking Portal: The amendment has been
assigned Docket ID: OSM-2023-0008. If you would like to submit
comments, go to https://www.regulations.gov. Follow the instructions for
submitting comments.
We cannot ensure that comments received after the close of the
comment period (see DATES) or sent to an address other than the ones
listed above will be included in the docket for this rulemaking and
considered.
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 Montana
program, this amendment, a listing of any scheduled public hearings or
meetings, 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 OSMRE's Casper
Field Office or the full text of the program amendment is available for
you to read at www.regulations.gov.
Attn: Jeffrey Fleischman, Field Office Director, Office of Surface
Mining Reclamation and Enforcement, 100 East B Street, Casper, Wyoming
82602, Telephone: (307) 261-6550, Email: [email protected]
In addition, you may review a copy of the amendment during regular
business hours at the following location:
Attn: Dan Walsh, Mining Bureau Chief, Coal and Opencut Mining Bureau,
Department of Environmental Quality, P.O. Box 200901, Helena, MT 59601-
0901, Telephone: (406) 444-6791, Email: [email protected]
[[Page 52087]]
FOR FURTHER INFORMATION CONTACT:
Attn: Jeffrey Fleischman, Field Office Director, Office of Surface
Mining Reclamation and Enforcement, 100 East B Street, Casper, Wyoming
82602, Telephone: (307) 261-6550, Email: [email protected]
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
Subject to OSMRE's oversight, section 503(a) of SMCRA 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 approved, State program includes,
among other things, State laws and regulations that govern surface coal
mining and reclamation operations in accordance with SMCRA and
consistent with the Federal regulations. See 30 U.S.C. 1253(a)(1) and
(7).
On the basis of these criteria, the Secretary of the Interior
approved the Montana program on October 24, 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 October 24, 1980, Federal
Register (45 FR 70445). You can also find later actions concerning the
Montana program and program amendments at 30 CFR 926.25.
II. Description of the Proposed Amendment
By letter dated June 22, 2023 (Administrative Record No. MT-043-
01), Montana sent us an amendment to its program under SMCRA (30 U.S.C.
1201 et seq.). We found Montana's proposed amendment to be
administratively complete on June 27, 2023. Montana submitted this
proposed amendment to us, of its own volition, following the passage of
Montana Senate Bill 392 (SB 392) during the 2023 legislative session.
SB 392 amends the MSUMRA as well as Sec. 82-4-251 and Sec. 82-4-252
of the MCA. SB 392 also adds four contingencies that apply to the
proposed amendments.
Under section 1 of SB 392 Montana proposes to add a provision to
MCA, section 1, for the equal application of court costs to the
prevailing party in contested case proceedings by a court or
administrative agency that issues a decision pursuant to Sec. 82-4-2.
This proposed section allows that a court or administrative agency may
award the prevailing party reasonable costs of litigation, including
filing fees, attorney fees, and witness costs. Under this proposal a
court or administrative agency may not consider the identity of the
party when awarding costs. This includes the permittee, permit
applicant, agency, public interest litigant, or other party to the
action. The proposal applies equally to all parties in an action and
places the burden of proof and persuasion for awarding court costs on
the requesting party. SB 392 does not state where section 1 will be
codified in the MCA. This will be done by the legislature later;
however, section 1 will be an integral part of the MCA.
Next, the proposal amends Sec. 82-4-251(7) and Sec. 82-4-252(5)
to reference the equal application of court costs in section 1. Sec.
82-4-251(7), which discusses the awarding of court costs, strikes out
the word ``Whenever'' and adds the language ``Subject to the provisions
of [section 1], whenever . . .''. Sec. 82-4-252(5), which also
discusses the awarding of court costs, strikes out the language ``. . .
to any party whenever the court determines that the award is
appropriate . . .'' and adds ``. . . pursuant to [section 1] . . .''.
Lastly, SB 392 adds four contingencies to section 1 and the
proposed amendments to Sec. 82-4-251 and Sec. 82-4-252. The
contingencies will not be codified into the MCA but apply to section 1
as proposed and the amended sections of the MCA. Section 4 of SB 392
contains codification instructions which state that [section 1] is
intended to be codified as an integral part of Sec. 82-4-2 and the
provisions of Sec. 82-4-2 apply to [section 1]. Section 5 is a
severability clause and states that if a part of SB 392 found invalid,
any part(s) found valid will remain in effect. Section 6 of SB 392 is
an effective date, which states that the act is effective on passage
and approval. Lastly, section 7 of SB 392 is an applicability clause,
which states that SB 392 applies to court actions filed on or after the
effective date of SB 392.
The full text of the program and/or plan amendment is available for
you to read at the locations listed above under ADDRESSES or at
www.regulations.gov.
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.
Electronic or Written Comments
If you submit written or electronic comments on the proposed rule
during the 30-day comment period, 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 State 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 (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 any time. 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 4:00 p.m., MDT. on
August 22, 2023. 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 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.
[[Page 52088]]
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 and Executive
Order 13563--Improving Regulation and Regulatory Review
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs in the Office of Management and Budget (OMB) will
review all significant rules. Pursuant to OMB guidance, dated October
12, 1993, the approval of State program and/or AML plan amendments is
exempted from OMB review under Executive Order 12866. Executive Order
13563, which reaffirms and supplements Executive Order 12866, retains
this exemption.
Other Laws and Executive Orders Affecting Rulemaking
When a State submits a program amendment to OSMRE 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 926
State regulatory program approval, State-federal cooperative
agreement, Required program amendments.
David A. Berry,
Regional Director, Unified Regions 5, 7-11.
[FR Doc. 2023-16849 Filed 8-4-23; 8:45 am]
BILLING CODE 4310-05-P
