Montana Regulatory Program, 72699-72701 [2023-23034]

Download as PDF 72699 Proposed Rules Federal Register Vol. 88, No. 203 Monday, October 23, 2023 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 926 [SATS No. MT–044–FOR; Docket ID: OSM– 2023–0009; 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). Montana submitted this proposed amendment to us, on its own initiative, following the passage of a Montana House Bill during the 2023 legislative session. Montana proposes several changes to the Montana Code Annotated (MCA). Montana adds a new section detailing the procedures a permittee must follow when applying for a ‘‘minor revision’’ to its permit. Montana adds several new definitions and removes the current procedures for a permit revision application. Furthermore, Montana adds clarifying language regarding ‘‘minor revisions’’ of permits. Lastly, Montana adds contingencies that will not be codified into law but that will apply to the proposed amendment: ‘‘Codification Instructions’’ and ‘‘Contingent Termination.’’ This document gives the times and locations that the Montana program and this 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. lotter on DSK11XQN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 16:17 Oct 20, 2023 Jkt 262001 We will accept written comments on this amendment until 4 p.m., Mountain Daylight Time (M.D.T.) November 22, 2023. If requested, we may hold a public hearing or meeting on the amendment on November 17, 2023. We will accept requests to speak at a hearing until 4 p.m., M.D.T. on November 7, 2023. ADDRESSES: You may submit comments, identified by SATS No. MT–042–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–2023–0009. 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: DATES: PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 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: Table of Contents 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 the Act 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 the Act 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 July 13, 2023 (Administrative Record No. MT–044– 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 July 14, 2023. Montana submitted this proposed amendment to us, on its own initiative, following the passage of Montana House Bill 656 (HB 656) during the 2023 legislative session. E:\FR\FM\23OCP1.SGM 23OCP1 lotter on DSK11XQN23PROD with PROPOSALS1 72700 Federal Register / Vol. 88, No. 203 / Monday, October 23, 2023 / Proposed Rules Montana proposes several changes to title 82, chapter 4, part 2 of the MCA. First, Montana proposes to add a new section titled ‘‘Minor Revisions— application—exemptions,’’ which tells a permittee what must be included in minor permit revision applications and provides a timeline for the Montana Department of Environmental Quality’s (DEQ) review of said applications. Second, Montana proposes to add four new entries to 82–4–203 MCA— Definitions: (5) Amendment, (28) Incidental Boundary Revision, (33) Major Revision, and (39) Minor Revision. Due to the new definitions, Montana also proposes to update the numbers listed for existing definitions. Third, Montana proposes to amend 82–4–221 MCA—Mining Permit Required. Here, Montana proposes to remove language that gives direction to a permittee when it files an application to revise its permit. It also removes language that outlines DEQ’s timeline for reviewing minor revision applications. Fourth, Montana proposes to amend 82–4–225 MCA—Application for increase or reduction in permit area amendment. Montana amends the title of this section to be ‘‘Application for permit amendment.’’ Montana then removes two occurrences of the phrase ‘‘area of land affected,’’ replacing one with ‘‘permit area’’ and the other with ‘‘permit boundary.’’ Montana also removes language that allows a permittee to apply to ‘‘reduce’’ its permit area, and removes language that allows an operator to apply, at any time, to increase or reduce its area of land affected. Lastly, Montana adds ‘‘minor revisions’’ to the list of permit revision applications that do not follow the same procedures as original permit applications. Finally, HB 656 adds two contingencies that affect the amended sections above, but that are not codified into the MCA. Section 5 of HB 656 states that the changes proposed through HB 656 are intended to be codified into title 82, chapter 4, part 2 of the MCA. Section 6 of HB 656 states that HB 656 will terminate if OSMRE disapproves the proposed changes made in the bill. The date of termination would be the date DEQ certifies to the Montana code commissioner that OSMRE disapproved the proposed changes. The full text of the program amendment is available for you to read at the locations listed above under ADDRESSES or at www.regulations.gov. VerDate Sep<11>2014 16:17 Oct 20, 2023 Jkt 262001 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 p.m., M.D.T. on November 7, 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 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 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, Executive Order 13563—Improving Regulation and Regulatory Review, and 14094— Modernizing Regulatory Review Executive Order (E.O.) 12866, as amended by E.O. 14094, 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, as amended by E.O. 14094. 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. E:\FR\FM\23OCP1.SGM 23OCP1 Federal Register / Vol. 88, No. 203 / Monday, October 23, 2023 / Proposed Rules 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. 2023–23034 Filed 10–20–23; 8:45 am] BILLING CODE 4310–05–P DEPARTMENT OF THE TREASURY Financial Crimes Enforcement Network 31 CFR Part 1010 RIN 1506–AB64 Proposal of Special Measure Regarding Convertible Virtual Currency Mixing, as a Class of Transactions of Primary Money Laundering Concern Financial Crimes Enforcement Network (FinCEN), Treasury. ACTION: Notice of proposed rulemaking. AGENCY: FinCEN is issuing a notice of proposed rulemaking (NPRM), pursuant to section 311 of the USA PATRIOT Act, that proposes requiring domestic financial institutions and domestic financial agencies to implement certain recordkeeping and reporting requirements relating to transactions involving convertible virtual currency (CVC) mixing. DATES: Written comments on the notice of proposed rulemaking must be submitted on or before January 22, 2024. ADDRESSES: Comments must be submitted by one of the following methods: • Federal E-rulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. Refer to Docket Number FINCEN–2023– 0016 in the submission. • Mail: Financial Crimes Enforcement Network, P.O. Box 39, Vienna, VA 22183. Refer to Docket Number FINCEN–2023–0016 in the submission. Please submit comments by one method only, and note that comments submitted in responses to this NPRM will become a matter of public record. FOR FURTHER INFORMATION CONTACT: The FinCEN Regulatory Support Section at 1–800–767–2825 or electronically at frc@fincen.gov. SUPPLEMENTARY INFORMATION: lotter on DSK11XQN23PROD with PROPOSALS1 SUMMARY: I. Statutory Provisions Section 311 of the USA PATRIOT Act (section 311), codified at 31 U.S.C. 5318A, grants the Secretary of the Treasury (Secretary) authority, upon VerDate Sep<11>2014 16:17 Oct 20, 2023 Jkt 262001 finding that reasonable grounds exist for concluding that one or more classes of transactions within or involving a jurisdiction outside of the United States is of primary money laundering concern, to require domestic financial institutions and domestic financial agencies to take certain ‘‘special measures.’’ 1 The authority of the Secretary to administer section 311 and the Bank Secrecy Act (BSA) has been delegated to FinCEN.2 The five special measures set out in section 311 are prophylactic safeguards that may be employed to defend the United States financial system from money laundering and terrorist financing risks. The Secretary may impose one or more of these special measures in order to protect the U.S. financial system from such threats. Through special measure one, the Secretary may require domestic financial institutions and domestic financial agencies to maintain records, file reports, or both, concerning the aggregate amount of transactions or individual transactions.3 Through special measures two through four, the Secretary may impose additional recordkeeping, information collection, and reporting requirements on covered domestic financial institutions and domestic financial agencies.4 Through special measure five, the Secretary may prohibit, or impose conditions upon, the opening or maintaining in the United States of correspondent or payablethrough accounts for or on behalf of a foreign banking institution, if the class of transactions found to be of primary money laundering concern may be conducted through such correspondent account or payable-through account.5 Before making a finding that reasonable grounds exist for concluding that a class of transactions is of primary 1 On October 26, 2001, the President signed into law the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Public Law 107–56 (USA PATRIOT Act). Title III of the USA PATRIOT Act amended the anti-money laundering (AML) provisions of the Bank Secrecy Act (BSA) to promote the prevention, detection, and prosecution of international money laundering and the financing of terrorism. The BSA, as amended, is the popular name for a collection of statutory authorities that FinCEN administers that is codified at 12 U.S.C. 1829b, 1951–1960 and 31 U.S.C. 5311– 5314, 5316–5336, and includes other authorities reflected in notes thereto. Regulations implementing the BSA appear at 31 CFR Chapter X. 2 Pursuant to Treasury Order 180–01 (Jan. 14, 2020), the authority of the Secretary to administer the BSA, including, but not limited to, 31 U.S.C. 5318A, has been delegated to the Director of FinCEN. 3 31 U.S.C. 5318A(b)(1). 4 31 U.S.C. 5318A(b)(2)–(b)(4). 5 31 U.S.C. 5318A(b)(5). PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 72701 money laundering concern, the Secretary is required to consult with both the Secretary of State and the Attorney General.6 The Secretary is also required to consider such information as the Secretary determines to be relevant, including the following potentially relevant factors: • The extent to which such class of transactions is used to facilitate or promote money laundering in or through a jurisdiction outside the United States, including any money laundering activity by organized criminal groups, international terrorists, or entities involved in the proliferation of weapons of mass destruction (WMD) or missiles; • The extent to which such class of transactions is used for legitimate business purposes in the jurisdiction; and • The extent to which such action is sufficient to ensure that the purposes of section 311 are fulfilled and to guard against international money laundering and other financial crimes.7 Upon finding that a class of transactions is of primary money laundering concern, the Secretary may require covered financial institutions to take one or more special measures. In selecting one or more special measures, the Secretary ‘‘shall consult with the Chairman of the Board of Governors of the Federal Reserve System, any other appropriate Federal banking agency (as defined in section 3 of the Federal Deposit Insurance Act), the Secretary of State, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the National Credit Union Administration Board, and in the sole discretion of the Secretary, such other agencies and interested parties as the Secretary may find appropriate.’’ 8 In addition, the Secretary is required to consider the following factors when selecting special measures: • Whether similar action has been or is being taken by other nations or multilateral groups; • Whether the imposition of any particular special measure would create a significant competitive disadvantage, including any undue cost or burden associated with compliance, for financial institutions organized or licensed in the United States; • The extent to which the action or the timing of the action would have a significant adverse systemic impact on the international payment, clearance, and settlement system, or on legitimate 6 31 U.S.C. 5318A(c)(1). U.S.C. 5318A(c)(2)(B). 8 31 U.S.C. 5318A(a)(4)(A). 7 31 E:\FR\FM\23OCP1.SGM 23OCP1

Agencies

[Federal Register Volume 88, Number 203 (Monday, October 23, 2023)]
[Proposed Rules]
[Pages 72699-72701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23034]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 88, No. 203 / Monday, October 23, 2023 / 
Proposed Rules

[[Page 72699]]



DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 926

[SATS No. MT-044-FOR; Docket ID: OSM-2023-0009; 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). Montana 
submitted this proposed amendment to us, on its own initiative, 
following the passage of a Montana House Bill during the 2023 
legislative session. Montana proposes several changes to the Montana 
Code Annotated (MCA). Montana adds a new section detailing the 
procedures a permittee must follow when applying for a ``minor 
revision'' to its permit. Montana adds several new definitions and 
removes the current procedures for a permit revision application. 
Furthermore, Montana adds clarifying language regarding ``minor 
revisions'' of permits. Lastly, Montana adds contingencies that will 
not be codified into law but that will apply to the proposed amendment: 
``Codification Instructions'' and ``Contingent Termination.'' This 
document gives the times and locations that the Montana program and 
this 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., 
Mountain Daylight Time (M.D.T.) November 22, 2023. If requested, we may 
hold a public hearing or meeting on the amendment on November 17, 2023. 
We will accept requests to speak at a hearing until 4 p.m., M.D.T. on 
November 7, 2023.

ADDRESSES: You may submit comments, identified by SATS No. MT-042-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-2023-0009. 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: 

Table of Contents

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 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 approved, State program includes, 
among other things, State laws and regulations that govern surface coal 
mining and reclamation operations in accordance with the Act 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 July 13, 2023 (Administrative Record No. MT-044-
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 July 14, 2023. Montana submitted this 
proposed amendment to us, on its own initiative, following the passage 
of Montana House Bill 656 (HB 656) during the 2023 legislative session.

[[Page 72700]]

    Montana proposes several changes to title 82, chapter 4, part 2 of 
the MCA. First, Montana proposes to add a new section titled ``Minor 
Revisions--application--exemptions,'' which tells a permittee what must 
be included in minor permit revision applications and provides a 
timeline for the Montana Department of Environmental Quality's (DEQ) 
review of said applications.
    Second, Montana proposes to add four new entries to 82-4-203 MCA--
Definitions: (5) Amendment, (28) Incidental Boundary Revision, (33) 
Major Revision, and (39) Minor Revision. Due to the new definitions, 
Montana also proposes to update the numbers listed for existing 
definitions.
    Third, Montana proposes to amend 82-4-221 MCA--Mining Permit 
Required. Here, Montana proposes to remove language that gives 
direction to a permittee when it files an application to revise its 
permit. It also removes language that outlines DEQ's timeline for 
reviewing minor revision applications.
    Fourth, Montana proposes to amend 82-4-225 MCA--Application for 
increase or reduction in permit area amendment. Montana amends the 
title of this section to be ``Application for permit amendment.'' 
Montana then removes two occurrences of the phrase ``area of land 
affected,'' replacing one with ``permit area'' and the other with 
``permit boundary.'' Montana also removes language that allows a 
permittee to apply to ``reduce'' its permit area, and removes language 
that allows an operator to apply, at any time, to increase or reduce 
its area of land affected. Lastly, Montana adds ``minor revisions'' to 
the list of permit revision applications that do not follow the same 
procedures as original permit applications.
    Finally, HB 656 adds two contingencies that affect the amended 
sections above, but that are not codified into the MCA. Section 5 of HB 
656 states that the changes proposed through HB 656 are intended to be 
codified into title 82, chapter 4, part 2 of the MCA. Section 6 of HB 
656 states that HB 656 will terminate if OSMRE disapproves the proposed 
changes made in the bill. The date of termination would be the date DEQ 
certifies to the Montana code commissioner that OSMRE disapproved the 
proposed changes.
    The full text of the program 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 p.m., M.D.T. on 
November 7, 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.

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, Executive Order 
13563--Improving Regulation and Regulatory Review, and 14094--
Modernizing Regulatory Review

    Executive Order (E.O.) 12866, as amended by E.O. 14094, 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, as amended by E.O. 14094. 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.

[[Page 72701]]

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. 2023-23034 Filed 10-20-23; 8:45 am]
BILLING CODE 4310-05-P
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