1372 Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Proposed Rules 

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 

4:00 p.m., e.s.t. on January 26, 2022. 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. Statutory Orders and Executive 

Reviews 

Executive Order 12866—Regulatory 

Planning and Review and Executive 

Order 13563—Improving Regulation 

and Regulatory Review 

Executive Order 12866 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 amendments is exempted from 

OMB review under Executive Order 

12866. 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. 

List of Subjects in 30 CFR Part 917 

Intergovernmental relations, Surface 

mining, Underground mining. 

Thomas D. Shope, 

Regional Director, North Atlantic— 

Appalachian Region. 

[FR Doc. 2022–00323 Filed 1–10–22; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 926 

[SATS No. MT–037–FOR; Docket ID: OSM– 

2021–0006; S1D1S SS08011000 SX064A000 

222S180110; S2D2S SS08011000 

SX064A000 22XS501520] 

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 

proposes an addition to the Montana 

Code Annotated which requires changes 

and the addition of regulations in the 

Administrative Rules of Montana 

pertaining to ownership and control. 

These changes were required by an 

October 2, 2009, letter from OSMRE to 

Montana (hereinafter, 732 letter), and 

were necessitated by a Senate bill 

approved by the 2013 Montana 

Legislature. Montana also proposes 

other revisions to the Administrative 

Rules of Montana unrelated to 

ownership and control. 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 4:00 

p.m., Mountain Standard Time (MST), 

February 10, 2022. If requested, we may 

hold a public hearing or meeting on the 

amendment on February 7, 2022. We 

will accept requests to speak at a 

hearing until 4:00 p.m., MST on January 

26, 2022. 

ADDRESSES: You may submit comments, 

identified by SATS No. MT–037–FOR, 

by any of the following methods: 

• Mail/Hand Delivery: 100 East B 

Street, Room 4100, Casper, WY 82601. 

• Fax: (307) 421–6552. 

• Federal eRulemaking Portal: The 

amendment has been assigned Docket 

ID: OSM–2021–0006. If you would like 

to submit comments go to https://

www.regulations.gov. Follow the 

instructions for submitting comments. 

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 Denver Field 

Division or the full text of the program 

amendment is available for you to read 

at www.regulations.gov. 

Jeffrey Fleischman, Chief, Denver Field 

Division, Office of Surface Mining 

Reclamation and Enforcement, Dick 

Cheney Federal Building, POB 11018, 

100 East B Street, Casper, Wyoming 

82601, 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: 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Proposed Rules 1373 

Dan Walsh, Chief, Coal and Opencut 

Mining Bureau, Montana Department 

of Environmental Quality, P.O. Box 

200901, Helena, Montana, 59620– 

0901, Telephone: (406) 444–6791, 

Email: dwalsh@mt.gov. 

FOR FURTHER INFORMATION CONTACT: 

Howard Strand, Office of Surface 

Mining Reclamation and Enforcement, 

One Denver Federal Center, Building 41, 

Lakewood, CO 80225–0065, Telephone: 

(303) 236–2931, Email: hstrand@

osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Montana Program 

II. Description of the Proposed Amendment 

III. Public Comment Procedures 

IV. Statutory and Executive Order Reviews 

I. Background on the Montana Program 

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 

conditionally approved the Montana 

program on April 1, 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 April 1, 1980, 

Federal Register (45 FR 21560). You can 

also find later actions concerning the 

Montana program and program 

amendments at 30 CFR 926.15, 926.16, 

and 926.30. 

II. Description of the Proposed 

Amendment 

On October 28, 1994, December 19, 

2000, and December 3, 2007, the Office 

of Surface Mining Reclamation and 

Enforcement (OSMRE) promulgated 

final rules that adopted or revised 

certain regulatory definitions and 

provisions pertaining to review of 

applications, permit eligibility, 

application information, applicant, 

operator, and permittee information, 

automated information entry and 

maintenance, permit suspension and 

rescission, ownership and control 

findings and challenge procedures, 

transfer, assignment, or sale of permit 

rights, and alternative enforcement. 

Pursuant to 30 CFR 732.17(d), OSMRE 

notified Montana on October 2, 2009, 

requiring Montana to modify its 

regulatory program to remain consistent 

with revised Federal requirements. The 

2013 Montana Legislature approved 

Senate Bill 92, which added language 

addressing the required changes. 

Specifically, Senate Bill 92 added 

language in Section 82–4–227, Montana 

Code Annotated (MCA), that provided 

appeal rights pertaining to ownership or 

control listings in the applicant violator 

system. 

By letter dated July 28, 2021 (FDMS 

Document ID No. OSM–2021–0006– 

0001), Montana sent us an amendment 

to its program under SMCRA (30 U.S.C. 

1201 et seq.) that proposed revisions to 

existing Administrative Rules of 

Montana (ARM) that would satisfy the 

statutory changes in the MCA, including 

revisions to 17.24.301, 17.24.302, 

17.24.303, 17.24.416, 17.24.418. New 

provisions in the ARM proposed by 

Montana that would satisfy the statutory 

changes in the MCA include 17.24.1229, 

17.24.1264, 17.24.1265, 17.24.1266, and 

17.24.1267. Montana is also proposing 

minor revisions to existing ARM that are 

unrelated to Senate Bill 92, at 17.24.304 

(Baseline Information: Environmental 

Resources), 17.24.308 (Operations Plan), 

17.24.313 (Reclamation Plan), 17.24.314 

(Plan for Protection of the Hydrologic 

Balance), 17.24.401 (Filing of 

Application and Notice), 17.24.403 

(Informal Conference), 17.24.425 

(Administrative Review), and 

17.24.1201 (Frequency and Methods of 

Inspections) that are unrelated to 

ownership and control. The full text of 

the program and/or plan 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 

4:00 p.m., MST on January 26, 2022. 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. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
1374 Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Proposed Rules 

IV. Statutory and Executive Order 

Reviews 

Executive Order 12866—Regulatory 

Planning and Review and Executive 

Order 13563—Improving Regulation 

and Regulatory Review 

Executive Order 12866 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. 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. 

List of Subjects in 30 CFR Part 926 

Intergovernmental relations, Surface 

mining, Underground mining. 

David Berry, 

Regional Director, Western Region. 

[FR Doc. 2022–00324 Filed 1–10–22; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 7 

[NPS–MORA–31539; PPPWMORAS1 

PPMPSPD1Z.YM0000] 

RIN 1024–AE66 

Mount Rainier National Park; Fishing 

AGENCY: National Park Service, Interior. 

ACTION: Proposed rule. 

SUMMARY: The National Park Service 

proposes to remove from the Code of 

Federal Regulations special fishing 

regulations for Mount Rainier National 

Park, including those that restrict the 

take of nonnative species. Instead, the 

National Park Service would publish 

closures and restrictions related to 

fishing in the Superintendent’s 

Compendium for the park. This action 

would help implement a 2018 Fish 

Management Plan that aims to conserve 

native fish populations and restore 

aquatic ecosystems by reducing or 

eliminating nonnative fish. 

DATES: Comments must be received by 

11:59 EDT on March 14, 2022. 

ADDRESSES: You may submit comments, 

identified by Regulation Identifier 

Number (RIN) 1024–AE66, by either of 

the following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail or hand deliver to: National 

Park Service, Mount Rainier National 

Park, Attn: Superintendent, 55210 238th 

Avenue East, Ashford, WA 98304. 

Instructions: Comments will not be 

accepted by fax, email, or in any way 

other than those specified above. All 

submissions received must include the 

words ‘‘National Park Service’’ or 

‘‘NPS’’ and must include the docket 

number or RIN (1024–AE66) for this 

rulemaking. Comments received may be 

posted without change to 

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to 

www.regulations.gov and search for 

‘‘1024–AE66.’’ 

FOR FURTHER INFORMATION CONTACT: 

Kevin Skerl, Chief of Natural and 

Cultural Resources, Mount Rainier 

National Park, National Park Service; 

phone: (360) 569–2211; email: kevin_

skerl@nps.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Significance of the Park 

Mount Rainier National Park 

encompasses 236,381 acres in west 

central Washington, on the western and 

eastern slopes of the Cascade Range. 

About 83 percent of the park is located 

in Pierce County and 17 percent is 

located in Lewis County. The park’s 

northern boundary is approximately 65 

miles southeast of the Seattle-Tacoma 

metropolitan area and 65 miles west of 

Yakima. The elevations of the park 

range from about 1,400 feet at the 

Tahoma Woods Administrative Site to 

14,410 feet at the summit of Mount 

Rainier. About two million people visit 

the park annually, with most visitation 

(75 percent) occurring between June and 

September. In 1988, Congress 

designated approximately 97 percent 

(228,480 acres) of the park as wilderness 

under the Washington Park Wilderness 

Act. 

The focal point of the park is Mount 

Rainier, a towering snow- and icecovered volcano that is a prominent 

landmark in the Pacific Northwest. 

Mount Rainier is the second most 

seismically active and most hazardous 

volcano in the Cascade Range. The 26 

major glaciers that flank the upper 

mountain cover 35 square miles. Steep 

glaciated valleys and ice carved peaks 

dominate the park landscape. The 

Carbon, Mowich, White, West Fork 

White, Nisqually, South Puyallup, and 

North Puyallup rivers and their 

tributaries carry water from Mount 

Rainier to the Puget Sound. The 

Ohanapecosh and Muddy Fork Cowlitz 

flow into the Cowlitz River and on into 

the Columbia River. There are 

approximately 470 mapped rivers and 

streams, including approximately 383 

perennial streams and 84 intermittent 

streams. With very few exceptions, park 

rivers and streams originate within the 

park. There are approximately 382 lakes 

and ponds, and over 3,000 acres of other 

wetland types (e.g., mineral geothermal 

springs, waterfalls) in the park. 

Approximately 29 of these lakes are in 

designated wilderness. Among those 

waterbodies not in wilderness are the 

Littorals Pond (White River watershed) 

and Mowich and Tipsoo lakes. 

Fish Resources in the Park 

The following 15 fish species are 

present in the rivers, streams and lakes 

within the park. Of these, 8 are native 

and 7 are nonnative. 

No. Scientific name Common name Occurrence 

1 ......... Oncorhynchus mykiss ........................................ rainbow trout ...................................................... Native (in some locations). 

2 ......... Oncorhynchus clarkii clarkii ............................... coastal cutthroat trout ........................................ Native. 

3 ......... Salvelinus confluentus ....................................... bull trout ............................................................. Native. 


khammond on DSKJM1Z7X2PROD with PROPOSALS