North Dakota Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 934

[SPATS No. ND-039-FOR; North Dakota Amendment No. XXVIII]

North Dakota Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; public comment period and opportunity for public

hearing on proposed amendment.

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SUMMARY: OSM is announcing receipt of a 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 proposed amendment consists of revisions to a North Dakota statute

pertaining to who may preside over formal hearings and informal

conferences. The amendment is intended to revise a North Dakota statute

to be consistent with its counterpart regulation.

DATES: We will accept written comments until 4:00 p.m., m.d.t. on May

17, 1999. If requested, a public hearing on the proposed amendment will

be held on May 10, 1999. We will accept requests to present oral

testimony at the hearing until 4:00 p.m., m.d.t. on April 30, 1999.

ADDRESSES: You should mail or hand-deliver written comments to Guy

Padgett at the address shown below.

Copies of the North Dakota program, the proposed amendment, and all

written comments received in response to this document will be

available for public review at the addresses shown below during normal

business hours, Monday through Friday, excluding holidays. Also, we

will send one free copy of the proposed amendment to you if you contact

the OSM's Casper Field Office.

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

Reclamation and Enforcement, 100 East ``B'' Street, Federal Building,

Room 2128, Casper, Wyoming 82601-1918, Telephone: 307/261-6550,

Internet: [email protected]

James R. Deutsch, Director, Reclamation Division, North Dakota Public

Service Commission, 600 E. Boulevard Ave., Dept. 408, Bismarck, North

Dakota 58505-0480, Telephone: 701/328-2400.

FOR FURTHER INFORMATION CONTACT: Guy Padgett, Telephone: 307/261-6550.

Internet: [email protected]

SUPPLEMENTARY INFORMATION:

I. Background of the North Dakota Program To Regulate Surface Coal

Mining

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 15, 1980, Federal Register (45 FR

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

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

II. Proposed Amendment

In a letter dated March 31, 1999, North Dakota submitted a proposed

amendment to its program to regulate surface coal mining pursuant to

SMCRA (North Dakota Amendment number XXVIII), administrative record No.

ND-CC-01, 30 U.S.C. 1201 et seq.). North Dakota submitted the proposed

amendment at its own initiative in order to make the statute, the North

Dakota Century Code (NDCC), consistent with its regulation, the North

Dakota Administrative Code (NDAC), and also to make it in compliance

with SMCRA. The provision of NDCC that North Dakota proposes to revise

is: NDCC Chapter 38-14.1-30, Administrative review of commission

rulings--Formal hearings. Specifically, North Dakota proposes to revise

its statute to state that no person who presides over an informal

conference in reference to a permit application may preside at a formal

administrative hearing or participate in making the final

administrative decision.

III. What To Do if You Want To Comment on the Proposed Statute

Change

In accordance with the provisions of 30 CFR 732.17(h), we are

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 North Dakota program to

regulate surface coal mining.

1. Written Comments

Your 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.

2. Public Hearing

Anyone wishing to testify at the public hearing should contact the

person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,

m.d.t. on April 30, 1999. Anyone who is physically challenged and who

has need for special accommodations to attend a public hearing should

contact the person listed under FOR FURTHER INFORMATION CONTACT. The

location and time of the hearing will be arranged with those persons

requesting the hearing. If no one requests an opportunity to testify at

the public hearing, it will not be held.

We request that you file a written statement at the time of the

hearing since it would assist the transcriber. Submission of written

statements in advance of the hearing will allow us to prepare adequate

responses and appropriate questions.

The public hearing will continue on the specified date until

everyone scheduled to testify has been heard. Anyone in the audience

who has not been scheduled to testify, and who wishes to do so, will be

heard following those who have been scheduled. The hearing will end

after everyone scheduled to testify and anyone in the

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audience who wishes to testify has been heard.

3. Public Meeting

If only one person requests an opportunity to testify at a hearing,

a public meeting, rather than a public hearing, may be held. Persons

wishing to meet with us to discuss the proposed amendment may request a

meeting by contacting the person listed under FOR FURTHER INFORMATION

CONTACT. All such meetings will be open to the public and, if possible,

notices of meetings will be posted at the locations listed under

ADDRESSES. A written summary of each meeting will be made a part of 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.

List of Subjects in 30 CFR Part 934

Intergovernmental relations, Surface mining, Underground mining.

Dated: April 7, 1999.

Brent Walquist,

Regional Director, Western Regional Coordinating Center.

[FR Doc. 99-9413 Filed 4-14-99; 8:45 am]

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