This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

28680

Vol. 66, No. 101

Thursday, May, 24, 2001

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 926

[SPATS No. MT–022–F0R]

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 proposes a statutory

revision concerning the transfer of a

revoked permit. Montana intends to

revise its program to improve

operational efficiency.

DATES: We will accept written

comments on this amendment until 4

p.m., m.d.t. June 25, 2001. If requested,

we will hold a public hearing on the

amendment on June 18, 2001. We will

accept requests to speak until 4 p.m.,

m.d.t. on June 8, 2001.

ADDRESSES: You should mail or hand

deliver 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, WY 82601–1918.

Neil Harrington, Acting Chief, Industrial

and Energy Minerals Bureau, Montana

Department of Environmental Quality,

1520 E. Sixth Ave., Helena, Montana

59620–0901, Telephone: (406) 444–

4973.

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 letter dated April 27, 2001,

Montana sent us a proposed amendment

to its program (Administrative Record

No. MT–19–01) under SMCRA (30

U.S.C. 1201 et seq.). Montana sent the

amendment in response to a statutory

revision passed by the 2001 Montana

legislature. The full text of the program

amendment is available for you to read

at the locations listed above under

ADDRESSES.

Specifically, Montana proposes to

provide that a revoked permit will not

terminate until 5 years after revocation,

or until substantial revegetation occurs;

that a person applying for the transfer of

a revoked permit that has not

terminated shall submit an application

to the department that contains the

information required for a permit

applicant in Montana’s statutes and that

upon receipt on such application, the

department shall cease reclamation

activities on the permit area; that a

person applying for a revoked permit

need not submit any additional

information unless the department can

show that significant changes in the

environmental baseline data have

occurred; that the department may not

prepare a review for permit transfer

unless the department can show that the

operation has caused or may cause

significant impacts that have not been

analyzed previously in an

environmental review document; that

the department shall process

applications under timeframes already

in the statutes; that following public

comment period, the department shall

transfer the permit when the new

operator provides proof of site

ownership or control and adequate

bonding, with the requirement that prior

to creating additional surface

disturbance, all preexisting permit

deficiencies and modifications

necessary shall be corrected to the

satisfaction of the department and that

any preestablished environmental

monitoring requirements continue; that

under certain conditions the permit may

not be transferred; that the department

is not required to reimburse the former

permittee or surety for funds expended

for reclamation, monitoring or site

maintenance; and that this statute does

not apply to the revocation or transfer

of an operating permit on Federal lands.

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

characters and any form of encryption.

Please also include ‘‘Attn: SPATS No.

MT–022–FOR’’ and your name and

return address in your Internet message.

If you do not receive a confirmation that

we have received your Internet message,

Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules 28681

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 June 8, 2001. 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 scheduled 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 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. 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) under 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

has 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. 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 (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.

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

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

28682 Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules

on any governmental entity or the

private sector.

List of Subjects in 30 CFR Part 926

Intergovernmental relations, Surface

mining, Underground mining.

Dated: May 14, 2001.

Peter Rutledge,

Acting Regional Director, Western Regional

Coordinating Center.

[FR Doc. 01–13157 Filed 5–23–01; 8:45 am]

BILLING CODE 4310–05–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 948

[WV–091–FOR]

West Virginia Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing.

SUMMARY: OSM is announcing receipt of

a proposed amendment to the West

Virginia regulatory program under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

program amendment consists of changes

to the West Virginia Surface Mining

Reclamation rules at 38 CSR 2 as

contained in House Bill 2663. The

amendment submitted by the State is

intended to render the West Virginia

program no less effective than the

Federal requirements.

DATES: If you submit written comments,

they must be received on or before 4:00

p.m. (local time), on June 25, 2001. If

requested, a public hearing on the

proposed amendments will be held at

1:00 p.m. (local time), on June 18, 2001.

Requests to speak at the hearing must be

received by 4:00 p.m. (local time), on

June 8, 2001.

ADDRESSES: Mail or hand-deliver your

written comments and requests to speak

at the hearing to Mr. Roger W. Calhoun,

Director, Charleston Field Office at the

address listed below.

You may review copies of the West

Virginia program, the proposed

amendment, a listing of any scheduled

hearings, and all written comments

received in response to this document at

the addresses below during normal

business hours, Monday through Friday,

excluding holidays. You may receive

one free copy of the proposed

amendment by contacting OSM’s

Charleston Field Office.

Mr. Roger W. Calhoun, Director,

Charleston Field Office, Office of

Surface Mining Reclamation and

Enforcement, 1027 Virginia Street,

East, Charleston, West Virginia 25301

Telephone: (304) 347–7158. E-mail:

chfo@osmre.gov.

West Virginia Department of

Environmental Protection, 10

McJunkin Road, Nitro, West Virginia

25143, Telephone: (304) 759–0515.

The proposed amendment will be

posted at the Department’s Internet

page: http://www.dep.state.wv.us.

In addition, you may review copies of

the proposed amendment during regular

business hours at the following

locations:

Office of Surface Mining Reclamation

and Enforcement, Morgantown Area

Office, 75 High Street, Room 229, P.O.

Box 886, Morgantown, West Virginia

26507, Telephone: (304) 291–4004.

(By Appointment Only)

Office of Surface Mining Reclamation

and Enforcement, Beckley Area

Office, 323 Harper Park Drive, Suite 3,

Beckley, West Virginia 25801,

Telephone: (304) 255–5265.

FOR FURTHER INFORMATION CONTACT: Mr.

Roger W. Calhoun, Director, Charleston

Field Office; Telephone: (304) 347–

7158.

SUPPLEMENTARY INFORMATION:

I. Background on the West Virginia

Program

On January 21, 1981, the Secretary of

the Interior conditionally approved the

West Virginia program. You can find

background information on the West

Virginia program, including the

Secretary’s findings, the disposition of

comments, and the conditions of

approval in the January 21, 1981,

Federal Register (46 FR 5915–5956).

You can find later actions concerning

the conditions of approval and program

amendments at 30 CFR 948.10, 948.12,

948.13, 948.15, and 948.16.

II. Discussion of the Proposed

Amendment

By letter dated May 2, 2001

(Administrative Record Number WV–

1209), the West Virginia Department of

Environmental Protection (WVDEP)

submitted an amendment to its program.

The program amendment consists of

changes to the West Virginia Surface

Mining Reclamation rules at 38 CSR 2

as amended by House Bill 2663. The

amendment submitted by the State is

intended to render the West Virginia

program no less effective than the

Federal requirements.

We are not requesting comments on

the proposed changes to CSR 38–2–

3.14.b.12, concerning the partial

removal of coal processing refuse piles,

for the following reason. In 1990, we

stated that ‘‘the removal, transport and

use (without onsite reprocessing) of coal

mine refuse which does not meet the

definition of ‘‘coal’’ set forth in 30 CFR

700.5; i.e., ASTM Standard D 388–77, is

not subject to regulation [under

SMCRA].’’ 55 FR 21314; May 23, 1990.

CSR 38–2–3.14.b.12 pertains to the

removal of coal refuse that does not

meet the definition of coal. Therefore, it

is not subject to regulation under

SMCRA, and will not be considered

here.

You will find West Virginia’s program

amendment presented below.

1. CSR 38–2–2.39 Definition of

‘‘Cumulative Impact’’

This definition is being amended by

deleting the existing language and

adding in its place the following

language.

2.39. Cumulative Impact Area means

the area, including the permit area,

within which impacts resulting from the

proposed operation may interact with

the impacts of all anticipated mining on

surface and groundwater systems.

Anticipated mining shall include the

entire projected lives through bond

releases of:

2.39.a. The proposed operation;

2.39.b. All existing operations;

2.39.c. Any operation for which a

permit application has been submitted

to the Director, and;

2.39.d. All operations required to

meet diligent development requirements

for leased Federal coal for which there

is actual mine development information

available.

2. CSR 38–2–3.12.a.1. Subsidence

Control Plan

This provision is being amended by

adding the words ‘‘a narrative

indicating’’ to the survey and map

requirements of this subsection. As

amended, this provision requires a

survey, map, and a narrative indicating

whether or not subsidence could cause

material damage to the identified

structures and water supplies.

We note that this amendment is in

response to the required program

amendment codified at 30 CFR

948.16(zzz). This required amendment

provides that the State must amend the

West Virginia program to require that

the map of all lands, structures, and

drinking, domestic and residential water

supplies which may be materially

damaged by subsidence show the type

and location of all such lands,

structures, and drinking, domestic and

residential water supplies within the