Federal Register / Vol. 65, No. 186 / Monday, September 25, 2000 / Proposed Rules 57583

regulation was not considered a major

rule.

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 926

Abandoned mine reclamation

programs, Intergovernmental relations,

Surface mining, Underground mining.

Dated: September 18, 2000.

Brent Wahlquist,

Regional Director, Western Regional

Coordinating Center.

[FR Doc. 00–24581 Filed 9–22–00; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 926

[SPATS No. MT–020–FOR]

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: The Office of Surface Mining

Reclamation and Enforcement (OSM) is

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). Montana proposed revisions

to, and additions of statutes about, the

definition of what constitutes a mine

operator, the notice requirements for

alternate reclamation plans; the use of

introduced species on lands mined,

disturbed, or redisturbed after May 2,

1978, and reseeded prior to January 1,

1984; a new statute section concerning

subsidence; and other editorial

revisions. Montana intends to revise its

program to be consistent with SMCRA,

provide additional safeguard, clarify

ambiguities, and improve operational

efficiency.

DATES: We will accept written

comments on this amendment until 4

p.m., m.d.t. October 25, 2000. If

requested, we will hold a public hearing

on the amendment on October 20, 2000.

We will accept requests to speak until

4 p.m., m.d.t. on October 10, 2000.

ADDRESSES: You should mail, hand

deliver, or e-mail written comments and

requests to speak at the hearing to Guy

Padgett at the address listed below.

You may review copies of the

Montana program, this amendment, a

listing of any scheduled public hearings,

and all written comments received in

response to this document at the

addresses listed below during normal

business hours, Monday through Friday,

excluding holidays. You may receive

one free copy of the 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, Federal Building,

Room 2128, Casper, Wyoming 82601–

1918, Telephone: (307) 261–6550. Steve Welch, Chief, Industrial and

Energy Minerals Bureau, Montana

Department of Environmental Quality,

1520 E. Sixth Ave., P.O. Box 200901,

Helena, MT 59620–0901, Telephone:

(406) 444–4964.

FOR FURTHER INFORMATION CONTACT: Guy

Padgett, Telephone: (307) 261–6550.

Internet: gpadgett@osmre.gov.

SUPPLEMENTARY INFORMATION:

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

On April 1, 1980, the Secretary of the

Interior conditionally approved the

Montana program. 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 April 1, 1980,

Federal Register (45 FR 21560). You can

also find later actions concerning

Montana’s program and program

amendments at 30 CFR 926.15, 926.16,

and 926.30.

II. Description of the Proposed

Amendment

By letters dated July 20 and August

17, 2000, Montana sent us a proposed

amendment to its program

(Administrative Record No. MT–17–01)

under SMCRA (30 U.S.C. 1201 et seq.).

Montana sent the amendment in

response to a June 5, 1996, letter

(Administrative Record No. MT–17–03)

that we sent to Montana in accordance

with 30 CFR 732.17(c), and to include

the changes made at its own initiative

by the 1997 State legislature. In

addition, Montana has included

revisions from the 1995 State legislature

which OSM approved in the January 22,

1999, Federal Register (64 FR 3604).

The full text of this program amendment

is available for you to read at the

locations listed above under ADDRESSES.

The provisions of the Montana Code

Annotated (MCA) that Montana

proposes to revise or add are: 82–4–

203(21), MCA (Definitions); 82–4–

232(7), MCA (Area mining requiredbond-alternative plan); 82–4–233, MCA

(Planting of vegetation following

grading of disturbed area); 82–4–243,

MCA (Subsidence); 82–4–253(2), MCA

(Suit for damage to water supply); and

82–4–254(4), MCA (Violation-PenaltyWaiver).

Specifically, Montana proposes to

revise the Montana program to (1)

include uranium mining using in situ

methods in the definition of operator;

(2) require newspaper publication of

alternate reclamation plans; (3) allow

introduced species to compose a major

or dominant component of the

reclaimed vegetation for lands mined,

disturbed, or redisturbed after May 2,

1978, and seeded prior to January 1,

1984; (4) allow for the prompt repair or

compensation for material damage to

any occupied residential dwelling and

related structures and to any

noncommercial building resulting from

subsidence caused by underground

mining operations; (5) promptly replace

any drinking, domestic, or residential

water supply from a well or spring that

was in existence prior to the permit

application that has been affected by

contamination, diminution, or

interruption resulting from underground

coal mining operations; (6) include an

editorial revision to MCA 82–4–253(2);

and (7) propose a revision at MCA 82–

4–254(4) to reflect the 1995 State

reorganization to designate a director of

environmental quality.

III. Public Comment Procedures

Under the provisions of 30 CFR

732.17(h), OSM requests 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

Montana program.

Written Comments

Send your written comments to OSM

at the address given above. Your written

comments should be specific, pertain

only to the issues proposed in this

rulemaking, and include explanations in

support of your recommendations. In

the final rulemaking, we will not

necessarily consider or include in the

Administrative Record any comments

received after the time indicated under

‘‘DATES’’ or at locations other than the

Casper Field Office.

Electronic Comments

Please submit Internet comments as

an ASCII file avoiding the use of special

57584 Federal Register / Vol. 65, No. 186 / Monday, September 25, 2000 / Proposed Rules

characters and any form of encryption.

Please also include ‘‘Attn: SPATS No.

MT–020–FOR’’ and your name and

return address in your Internet

meassage. If you do not receive a

confirmation that we have received your

Internet message, contact the Casper

Field Office at (307) 261–6550.

Availability of Comments

We will make comments, including

names and addresses of respondents,

available for public review during

normal business hours. We will not

consider anonymous comments. If

individual respondents request

confidentiality, we will honor their

request to the extent allowable by law.

Individual respondents who wish to

withhold their name or address from

public review, except for the city or

town, must state this prominently at the

beginning of their comments. We will

make all submissions from

organizations or businesses, and from

individuals identifying themselves as

representatives or officials of

organizations or businesses, available

for public review in their entirety.

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 October 10, 2000. If you

are disabled and need special

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

the hearing.

To assist the transcriber and ensure an

accurate record, we request, if possible,

that each person who speaks at a public

hearing provide us with a written copy

of his or her comments. The public

hearing will continue on the specified

date until everyone schedule to speak

has been 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 schedule 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 12630—Takings

This rule does not have takings

implications. This determination is

based on the analysis performed for the

counterpart Federal regulations.

Executive Order 12866—Regulatory

Planning and Review

This rule is exempted from review by

the Office of Management and Budget

(OMB) and Executive Order 12866.

Executive Order 12988—Civil Justice

Reform

The Department of the Interior has

conducted the reviews required by

section 3 of Executive order 12988 and

had determined that, to the extent

allowable by law, 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.

Executive Order 13132—Federalism

This rule does not have Federalism

implications within the meaning of

Executive Order 13132. SMCRA

delineates the roles of the Federal and

State governments with regard to the

regulation of surface coal mining and

reclamation operations. One of the

purposes of SMCRA is to ‘‘establish a

nationwide program to protect society

and the environment from the adverse

effects of surface coal mining

operations.’’ Section 503(a)(1) of

SMCRA requires that State laws

regulating surface coal mining and

reclamation operations be ‘‘in

accordance with’’ the requirements of

SMCRA. Section 503(a)(7) requires that

State programs contain rules and

regulations ‘‘consistent with’’

regulations issued by the Secretary

pursuant to SMCRA.

National Environmental Policy Act

Section 702(d) of SMCRA (30 U.S.C.

1292(d)) provides that a decision on a

proposed State regulatory program

provision does not constitute a major

Federal action within the meaning of

section 102(2)(C) of the National

Environmental Policy Act (42 U.S.C.

4332(2)(C)). A determination has been

made that such decisions are

categorically excluded from the NEPA

process (516 DM 8.4.A).

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.).

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 (4

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 established by

SMCRA or 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.

Small Business Regulatory Enforcement

Fairness Act

This rule is not a major rule under 5

U.S.C. 804(2), the Small Business

Regulatory Enforcement Fairness Act.

This rule (a) does not have an annual

effect on the economy of $100 million;

(b) will not cause a major increase in

costs or prices for consumers,

individual industries, geographic

regions, or Federal, State or local

governmental agencies; and (c) does not

have significant adverse effects on

competition, employment, investment,

productivity, innovation, or the ability

of U.S. based enterprises to compete

with foreign-based enterprises. This

determination is based upon the fact

that the State submittal which is the

subject of this rule is based upon

counterpart Federal regulations for

which an analysis was prepared and a

determination made that the Federal

Federal Register / Vol. 65, No. 186 / Monday, September 25, 2000 / Proposed Rules 57585

regulation was not considered a major

rule.

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 926

Intergovernmental relations, Surface

mining, Underground mining.

Dated: September 19, 2000.

Brent Wahlquist,

Regional Director, Western Regional

Coordinating Center.

[FR Doc. 00–24580 Filed 9–22–00; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 152 and 156

[OPP–250129; FRL–6747–1]

RIN 2070–AC46

Ground Water Pesticide Management

Rule; Notification to the Secretary of

Agriculture

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notification to the Secretary of

Agriculture.

SUMMARY: This document notifies the

public that the Administrator of EPA

has forwarded to the Secretary of

Agriculture a draft final rule under

section 25(a) of the Federal Insecticide,

Fungicide, and Rodenticide Act

(FIFRA). The draft final rule establishes

a program whereby States and Tribes

will develop and implement plans to

manage the use of pesticides determined

to leach to ground water. The rule also

identifies four pesticides of concern to

be managed under this program

initially. The four pesticides can

continue to be used if States and Tribes

develop plans which will ensure they

do not leach to ground water at

concentrations that may be harmful to

human health and the environment.

The rule designates the four

chemicals as Restricted Use pesticides

under section 3(d)(1)(C) of the Federal

Insecticide, Fungicide, and Rodenticide

Act (FIFRA). The restriction prohibits

all outdoor use of the pesticides unless

used in accordance with a Pesticide

Management Plan (PMP) developed by

States and Tribes and approved by EPA.

If a State or Tribe fails to submit or

obtain approval of its PMP by a date 36

months from the effective date of the

Rule, users in that State or Tribal land

are prohibited from using the pesticide.

FOR FURTHER INFORMATION CONTACT: By

mail: Arthur Jean B. Williams, Field and

External Affairs Division (7506C), Office

of Pesticide Programs, Environmental

Protection Agency, 1200 Pennsylvania

Ave., NW., Washington, DC 20460;

telephone number: (703) 305–5239; email address: williams.arty@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be potentially affected by

this action if you are involved in the

production, sale, use, or regulation of

one or more of the four chemicals or

formulations specified in this

regulation. Potentially affected

categories and entities may include, but

are not limited to:

Categories NAICS codes Examples of potentially affected entities

Producers 32532 Pesticide Registrants; Pesticide Formulators

Distributors 444 Farm Supplies Retail, Lawn and Garden Supply Stores, Farm Supplies Wholesale

Regulators 921 State Legislative and Executive Bodies

92115 Tribal Governments

Users 111 Crop Production (Growers)

56171 Lawn Pesticide Applicators

71391 Golf Course Applicators

81411 Homeowners

This listing is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this action. Other types of

entities not listed in the table could also

be affected. The North American

Industrial Classification System

(NAICS) codes have been provided to

assist you and others in determining

whether or not this action might apply

to certain entities. If you have questions

regarding the applicability of this action

to a particular entity, consult the person

listed under FOR FURTHER INFORMATION

CONTACT.

B. How Can I Get Additional

Information, Including Copies of this

Document and Other Related

Documents?

1. Electronically. You may obtain

electronic copies of this document, and

certain other related documents that

might be available electronically, from

the EPA Internet Home Page at http://

www.epa.gov/. To access this

document, on the Home Page select

‘‘Laws and Regulations, ’’ ‘‘Regulations

and Proposed Rules,’’ and then look up

the entry for this document under the

‘‘Federal Register —Environmental

Documents.’’ You can also go directly to

the Federal Register listings at http://

www.epa.gov/fedrgstr/.

2. In person. The Agency has

established an official record for this

action under docket control number

OPP–250129. The official record

consists of the documents specifically

referenced in this action, and other

information related to this action found

in docket numbers 0PP–36190 and

36190A, including any information

claimed as Confidential Business

Information (CBI). This official record

includes the documents that are

physically located in the docket, as well

as the documents that are referenced in

those documents. The public version of

the official record does not include any

information claimed as CBI. The public

version of the official record, which