Montana Regulatory Program, 64855-64856 [2023-20349]
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Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Proposed Rules
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; reopening of the
public comment period.
AGENCY:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSMRE), are reopening the public
comment period due to a request for an
extension of the public comment period
to 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.
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, until November 6, 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–2023–0007. 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.
lotter on DSK11XQN23PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
16:23 Sep 19, 2023
Jkt 259001
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.
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: On August
7, 2023 (88 FR 52086) we published a
proposed rule announcing receipt of a
program amendment from Montana.
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
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. 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
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Fmt 4702
Sfmt 4702
64855
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.
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.
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 is found to be 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.
By letter dated August 18, 2023
(FDMS Document ID No. OSM–2023–
0008–0008), multiple conservation
groups sent us a letter requesting an
extension of the public comment period.
The conservation groups cited the
controversial nature of the amendment,
technical difficulties accessing the
comment page, and scheduling
difficulties around a Public Holiday, as
reasons why OSMRE should grant an
extension on the comment period.
OSMRE reviewed the request for an
extension of the public comment period
and agree that the controversial nature
of the amendment affords the public
more time to submit the fullest and most
comprehensive comments possible. The
full text of the program amendment is
available for you to read at the locations
listed above under ADDRESSES.
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
E:\FR\FM\20SEP1.SGM
20SEP1
64856
Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Proposed Rules
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.
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. 2023–20349 Filed 9–19–23; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R4–ES–2023–0103;
FF09E21000 FXES1111090FEDR 234]
RIN 1018–BG31
Endangered and Threatened Wildlife
and Plants; Threatened Species Status
With Section 4(d) Rule for the Miami
Cave Crayfish
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
lotter on DSK11XQN23PROD with PROPOSALS1
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), propose to
list the Miami cave crayfish
(Procambarus milleri), a crayfish species
from Miami-Dade County, Florida, as a
threatened species under the
Endangered Species Act of 1973, as
amended (Act). This determination also
SUMMARY:
VerDate Sep<11>2014
16:37 Sep 19, 2023
Jkt 259001
serves as our 12-month finding on a
petition to list the Miami cave crayfish.
After a review of the best available
scientific and commercial information,
we find that listing the species is
warranted. Accordingly, we propose to
list the Miami cave crayfish as a
threatened species with a rule issued
under section 4(d) of the Act (‘‘4(d)
rule’’). If we finalize this proposed rule,
it would add this species to the List of
Endangered and Threatened Wildlife
and extend the Act’s protections to the
species.
DATES: We will accept comments
received or postmarked on or before
November 20, 2023. Comments
submitted electronically using the
Federal eRulemaking Portal (see
ADDRESSES, below) must be received by
11:59 p.m. eastern time on the closing
date. We must receive requests for a
public hearing, in writing, at the address
shown in FOR FURTHER INFORMATION
CONTACT by November 6, 2023.
ADDRESSES: You may submit comments
by one of the following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–R4–ES–2023–0103, which is
the docket number for this rulemaking.
Then, click on the Search button. On the
resulting page, in the panel on the left
side of the screen, under the Document
Type heading, check the Proposed Rule
box to locate this document. You may
submit a comment by clicking on
‘‘Comment.’’
(2) By hard copy: Submit by U.S. mail
to: Public Comments Processing, Attn:
FWS–R4–ES–2023–0103, U.S. Fish and
Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041–
3803.
We request that you send comments
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see
Information Requested, below, for more
information).
Availability of supporting materials:
Supporting materials, such as the
species status assessment report, are
available at https://www.regulations.gov
at Docket No. FWS–R4–ES–2023–0103.
FOR FURTHER INFORMATION CONTACT:
Lourdes Mena, Division Manager,
Florida Classification and Recovery,
U.S. Fish and Wildlife Service, Florida
Ecological Services Field Office, 7915
Baymeadows Way, Suite 200,
Jacksonville, FL 32256–7517; telephone
904–731–3134. Individuals in the
United States who are deaf, deafblind,
hard of hearing, or have a speech
PO 00000
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Fmt 4702
Sfmt 4702
disability may dial 711 (TTY, TDD, or
TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States. For a
summary of the proposed rule, please
see the ‘‘rule summary document’’ in
docket FWS–R4–ES–2023–0103 on
https://www.regulations.gov.
SUPPLEMENTARY INFORMATION:
Executive Summary
Why we need to publish a rule. Under
the Act, a species warrants listing if it
meets the definition of an endangered
species (in danger of extinction
throughout all or a significant portion of
its range) or a threatened species (likely
to become an endangered species within
the foreseeable future throughout all or
a significant portion of its range). If we
determine that a species warrants
listing, we must list the species
promptly and designate the species’
critical habitat to the maximum extent
prudent and determinable. We have
determined that the Miami cave crayfish
meets the definition of a threatened
species; therefore, we are proposing to
list it as such. Listing a species as an
endangered or threatened species can be
completed only by issuing a rule
through the Administrative Procedure
Act rulemaking process (5 U.S.C. 551 et
seq.).
What this document does. We
propose to list the Miami cave crayfish
as a threatened species with a rule
under section 4(d) of the Act.
The basis for our action. Under the
Act, we may determine that a species is
an endangered or threatened species
because of any of five factors: (A) The
present or threatened destruction,
modification, or curtailment of its
habitat or range; (B) overutilization for
commercial, recreational, scientific, or
educational purposes; (C) disease or
predation; (D) the inadequacy of
existing regulatory mechanisms; or (E)
other natural or manmade factors
affecting its continued existence. We
have determined that the primary threat
to Miami cave crayfish is saltwater
intrusion caused by sea level rise as a
result of climate change.
Information Requested
We intend that any final action
resulting from this proposed rule will be
based on the best scientific and
commercial data available and be as
accurate and as effective as possible.
Therefore, we request comments or
information from other governmental
agencies, Native American Tribes, the
E:\FR\FM\20SEP1.SGM
20SEP1
]]>Agencies
[Federal Register Volume 88, Number 181 (Wednesday, September 20, 2023)]
[Proposed Rules]
[Pages 64855-64856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20349]
[[Page 64855]]
-----------------------------------------------------------------------
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; reopening of the public comment period.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are reopening the public comment period due to a request for
an extension of the public comment period to 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.
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, until November 6, 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-2023-0007. 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].
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: On August 7, 2023 (88 FR 52086) we published
a proposed rule announcing receipt of a program amendment from Montana.
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.
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.
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.
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 is found to be
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.
By letter dated August 18, 2023 (FDMS Document ID No. OSM-2023-
0008-0008), multiple conservation groups sent us a letter requesting an
extension of the public comment period. The conservation groups cited
the controversial nature of the amendment, technical difficulties
accessing the comment page, and scheduling difficulties around a Public
Holiday, as reasons why OSMRE should grant an extension on the comment
period. OSMRE reviewed the request for an extension of the public
comment period and agree that the controversial nature of the amendment
affords the public more time to submit the fullest and most
comprehensive comments possible. The full text of the program amendment
is available for you to read at the locations listed above under
ADDRESSES.
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
[[Page 64856]]
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.
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. 2023-20349 Filed 9-19-23; 8:45 am]
BILLING CODE 4310-05-P
