North Dakota Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 934

[ND-032-FOR; Amendment No. XXII]

North Dakota Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Proposed rule; reopening and extension of public comment period

on proposed amendment.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)

is announcing receipt of a revision to a previously proposed amendment

to the North Dakota regulatory program (hereinafter, the ``North Dakota

program'') under the Surface Mining Control and Reclamation Act of 1977

(SMCRA). The revision for North Dakota's proposed rules pertain to

individual civil penalties. The amendment is intended to revise the

North Dakota program to be consistent with the corresponding Federal

regulations.

DATES: Written comments must be received by 4:00 p.m., m.d.t.,

September 19, 1997.

ADDRESSES: Written comments should be mailed or hand delivered to Guy

Padgett at the address listed below.

Copies of the North Dakota program, the proposed revision to the

proposed amendment, the proposed amendment, and all written comments

received in response to this document will be available for public

review at the addresses listed below during normal business hours,

Monday through Friday, excluding holidays. Each requester may receive

one free copy of the proposed

[[Page 46696]]

amendment by contacting OSM's Casper Field Office.

Guy Padgett, Director, Casper Field Office, Office of Surface Mining

Reclamation and Enforcement, 100 East ``B'' Street, Room 2128, Casper,

Wyoming 82601-1918, Telephone: (307) 261-6550, Internet:

[email protected]

James R. Deutsch, Director, Reclamation Division, Public Service

Commission, Bismarck, North Dakota 58505-0480, Telephone: (701) 328-

2400

FOR FURTHER INFORMATION CONTACT:

Guy Padgett, Telephone: (307) 261-6550.

SUPPLEMENTARY INFORMATION:

I. Background on the North Dakota Program

On December 15, 1980, the Secretary of the Interior conditionally

approved the North Dakota program. General background information on

the North Dakota program, including the Secretary's findings, the

disposition of comments, and conditions of approval of the North Dakota

program can be found in the December 14, 1980, Federal Register (45 FR

82214). Subsequent actions concerning North Dakota's program and

program amendments can be found at 30 CFR 934.15, 934.16, and 934.30.

II. Proposed Amendment

By letter dated April 12, 1995, North Dakota submitted a proposed

amendment to its program (amendment No. XXII, administrative record No.

ND-W-1) pursuant to SMCRA. (30 U.S.C. 1201 et seq.) North Dakota

submitted the proposed amendment in response to the required program

amendments at 30 CFR 934.16(y) and (z).

OSM announced receipt of the proposed amendment in the May 2, 1995

Federal Register (60 FR 21484), provided an opportunity for a public

hearing or meeting on its substantive adequacy, and invited public

comment on its adequacy (administrative record No. ND-W-04). Because no

one requested a public hearing or meeting, none was held. The public

comment period ended on June 1, 1995.

During its review of the proposed amendment, OSM identified

concerns and notified North Dakota of the concerns by letter dated

August 28, 1995 (administrative record No. ND-W-12). North Dakota

responded in a letter dated October 19, 1995.

Subsequently, on July 30, 1997, OSM notified North Dakota by

telephone of an additional concern (administrative record No. ND-W-17).

In response, North Dakota proposed a revision to its proposed coal

exploration regulations at North Dakota Administrative Code (NDAC) 43-

02-001 (administrative record No. ND-W-18).

Specifically, North Dakota proposes to further revise its proposed

regulations at NDAC 43-02-01 dealing with individual civil penalties,

from: ``any director, officer, or agent of such corporation who

willfully and knowingly authorized or carried out such violation * *

*.'' (emphasis added); to: ``any director, officer, or agent of such

corporation who willfully or knowingly authorized or carried out such

violation * * *'' (emphasis added). The only change is that the word

``and'' would be replaced by the word ``or.'' According to North

Dakota, the intent of the resulting requirement in North Dakota's

regulations at NDAC 43-02-01 is that it would then be consistent with

the requirement in North Dakota's statute at NDCC 38-12.1-08, upon

which the requirement in North Dakota's regulations is based.

III. Public Comment Procedures

OSM is reopening the comment period on the proposed program

amendment to provide the public an opportunity to reconsider the

adequacy of the proposed amendment in light of the additional material

submitted. In accordance with the provisions of 30 CFR 732.17(h), OSM

is seeking comments on whether the proposed revision to the proposed

amendment satisfies the applicable program criteria of 30 CFR 732.15.

If the revision and the amendment are deemed adequate, they will become

part of the North Dakota program.

Written comments should be specific, pertain only to the issue

proposed in this rulemaking, and include explanations in support of the

commenter's recommendations. Comments received after the time indicated

under DATES or at locations other than the Casper Field Office will not

necessarily be considered in the final rulemaking or included in the

administrative record.

IV. Procedural Determinations

1. Executive Order 12866

This rule is exempted from review by the Office of Management and

Budget (OMB) under Executive Order 12866 (Regulatory Planning and

Review).

2. Executive Order 12988

The Department of the Interior has conducted the reviews required

by section 3 of Executive Order 12988 (Civil Justice Reform) and has

determined that this rule meets the applicable standards of subsections

(a) and (b) of that section. However, these standards are not

applicable to the actual language of State regulatory programs and

program amendments since each such program is drafted and promulgated

by a specific State, not by OSM. Under sections 503 and 505 of SMCRA

(30 U.S.C. 1253 and 1255) and the Federal regulations at 30 CFR 730.11,

732.15, and 732.17(h)(10), decisions on proposed State regulatory

programs and program amendments submitted by the States must be based

solely on a determination of whether the submittal is consistent with

SMCRA and its implementing Federal regulations and whether the other

requirements of 30 CFR parts 730, 731, and 732 have been met.

3. National Environmental Policy Act

No environmental impact statement is required for this rule since

section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency

decisions on proposed State regulatory program provisions do not

constitute major Federal actions within the meaning of section

102(2)(C) of the National Environmental Policy Act (42 U.S.C.

4332(2)(C)).

4. Paperwork Reduction Act

This rule does not contain information collection requirements that

require approval by OMB under the Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

5. Regulatory Flexibility Act

The Department of the Interior has determined that this rule will

not have a significant economic impact on a substantial number of small

entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

The State submittal that is the subject of this rule is based upon

counterpart Federal regulations for which an economic analysis was

prepared and certification made that such regulations would not have a

significant economic effect upon a substantial number of small

entities. Accordingly, this rule will ensure that existing requirements

previously promulgated by OSM will be implemented by the State. In

making the determination as to whether this rule would have a

significant economic impact, the Department relied upon the data and

assumptions for the counterpart Federal regulations.

6. Unfunded Mandates

This rule will not impose a cost of $100 million or more in any

given year on any governmental entity or the private sector.

[[Page 46697]]

List of Subjects in 30 CFR Part 934

Intergovernmental relations, Surface mining, Underground mining.

Dated: August 27, 1997.

Russell F. Price,

Acting Regional Director, Western Regional Coordinating Center.

[FR Doc. 97-23423 Filed 9-3-97; 8:45 am]

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