Montana Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 926

[SPATS No. MT-018-FOR]

Montana Regulatory Program

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

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

and opportunity for public hearing on proposed amendment.

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

announcing receipt of additional explanatory information pertaining to

a previously proposed amendment to the Montana regulatory program

(hereinafter, the ``Montana program'') under the Surface Mining Control

and Reclamation Act of 1977 (SMCRA). The additional explanatory

information for Montana's proposed rules pertain to permit requirements

and a notice of intent to prospect. The amendment is intended to revise

the Montana program to provide additional safeguards, clarify

ambiguities, and improve operational efficiency.

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

17, 1997.

[[Page 63686]]

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

Padgett at the address listed below.

Copies of the Montana program, 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 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,

WY, 82601-1918, Telephone: (307) 261-5776.

Steve Welch, Chief, Industrial and Energy Minerals Bureau, Montana

Department of Environmental Quality, P.O. Box 200901, Helena, MT,

59620-0091, Telephone: (406) 444-4964.

FOR FURTHER INFORMATION CONTACT:

Guy Padgett, Telephone: (307) 261-5776.

SUPPLEMENTARY INFORMATION:

I. Background on the Montana Program

On April 1, 1980, the Secretary of the Interior conditionally

approved the Montana program. General background information on the

Montana program, including the Secretary's findings, the disposition of

comments, and conditions of approval of the Montana program can be

found in the April 1, 1980, Federal Register (45 FR 21560). Subsequent

actions concerning Montana's program and program amendments can be

found at 30 CFR 926.15, 926.16, and 926.30.

II. Proposed Amendment

By letter dated March 5, 1996, Montana submitted a proposed

amendment to its program pursuant to SMCRA (30 U.S.C. 1201 et seq.)

(Administrative Record No. MT-15-01). Montana submitted the proposed

amendment at its own initiative. The provisions of the Administrative

Rules of Montana that Montana proposed to revise were: 26.4.410, permit

renewal; 26.4.1001, permit requirement; and 26.4.1001A, notice of

intent to prospect.

OSM announced receipt of the proposed amendment in the April 10,

1996, Federal Register (61 FR 15910), provided an opportunity for a

public hearing or meeting on its substantive adequacy, and invited

public comment on its adequacy (Administrative Record No. MT-15-04).

Because no one requested a public hearing or meeting, none was held.

The public comment period ended on May 10, 1996.

During its review of the amendment, OSM identified concerns

relating to the requirements for prospecting permits and notices of

intent to prospect at 26.4.1001(1)(a) and 26.4.1001A(1) and (1)(b)(ii).

OSM notified Montana of the concerns by letter dated December 6, 1996

(Administrative Record No. MT-15-09). Montana responded in a letter

dated November 6, 1997, by submitting additional explanatory

information (Administrative Record No. MT-15-12).

Specifically, Montana has submitted a proposed statute revision

contained in another rulemaking (SPATS No. MT-017-FOR; Administrative

Record No. MT-14-11) to address OSM's concerns with permit requirements

and a notice of intent to prospect. Instead of revising the proposed

rules, Montana explains that proposed changes to the statute at Montana

Code Annotated (MCA) 82-4-226(8) to require a permit for prospecting

when more than 250 tons of coal would be removed, would resolve OSM's

identified deficiency.

III. Public Comment Procedures

OSM is reopening the comment period on the proposed Montana program

amendment to provide the public an opportunity to reconsider the

adequacy of the proposed amendment in light of the additional materials

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

is seeking comments on whether the proposed amendment satisfies the

applicable program approval criteria of 30 CFR 732.15. If the amendment

is deemed adequate, it will become part of the Montana program.

Written comments should be specific, pertain only to the issues

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 63687]]

List of Subjects in 30 CFR Part 926

Intergovernmental relations, Surface mining, Underground mining.

Dated: November 20, 1997.

Richard J. Seibel,

Regional Director, Western Regional Coordinating Center.

[FR Doc. 97-31579 Filed 12-1-97; 8:45 am]

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