31530 Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Rules and Regulations

and 1 CFR part 51. Copies may be obtained

from Boeing Commercial Airplane Group,

P.O. Box 3707, Seattle, Washington 98124–

2207. Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

Effective Date

(g) This amendment becomes effective on

June 27, 2001.

Issued in Renton, Washington, on June 4,

2001.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 01–14533 Filed 6–11–01; 8:45 am]

BILLING CODE 4910–13–U

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: Final rule; approval of

amendment.

SUMMARY: The Office of Surface Mining

Reclamation and Enforcement (OSM) is

approving 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 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; subsidence; a definition

of operator for uranium mining; and

other editorial revisions. Montana

revised its program to be consistent with

SMCRA, provide additional safeguards,

clarify ambiguities, and improve

operational efficiency.

EFFECTIVE DATE: June 12, 2001.

FOR FURTHER INFORMATION CONTACT: Guy

Padgett, Telephone: (307) 261–6550,

Internet address: gpadgett@osmre.gov.

SUPPLEMENTARY INFORMATION:

I. Background on the Montana Program

II. Submission of the Proposed Amendment

III. Director’s Findings

IV. Summary and Disposition of Comments

V. Director’s Decision

VI. 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 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. Submission of the Proposed

Amendment

By letters dated July 20 and August

17, 2000, Montana sent us an

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 present

changes made at its own initiative by

the 1997 State legislature. The full text

of this program amendment is available

for you to read at the locations listed

above under ADDRESSES.

In this amendment, Montana

unnecessarily included revisions from

the 1995 State legislature which OSM

approved in the January 22, 1999,

Federal Register (64FR3604;

Administrative Record No. 14–13.)

Those revisions are not rediscussed in

this rule notice.

The provisions of the Montana Code

Annotated (MCA) that Montana

proposed to revise, or add, are: 82–4–

203(1) and (21)(d), MCA (Definitions);

82–4–232(1), (7) and (8), MCA (Area

mining required-bond-alternative plan);

82–4–233(1) and (4), MCA (Planting of

vegetation following grading of

disturbed area); 82–4–243, MCA

(Subsidence); 82–4–253(1), (2) and (3),

MCA (Suit for damage to water supply);

and 82–4–254(1), (2), (3), (4) and (9),

MCA (Violation-Penalty-Waiver).

We announced receipt of the

proposed amendment in the September

25, 2000, Federal Register (65 FR

57583). In the same document, we

opened the public comment period and

provided an opportunity for a public

hearing or meeting on the amendment’s

adequacy (Administrative Record No.

MT–17–05). We did not hold a public

hearing or meeting because no one

requested one. The public comment

period ended on October 25, 2000.

During our review of the amendment,

we identified one concern about lack of

a definition of ‘‘permittee’’ in the

Montana program. We notified Montana

of this concern by letter dated December

4, 2000 (Administrative Record No.

MT–17–06). Montana responded in a

letter dated December 18, 2000

(Administrative Record No. MT–17–07),

that it would not submit a revision to

the amendment at this time. In the

letter, Montana stated that it would

write a definition of ‘‘permittee’’ for the

State program and submit it to OSM.

III. Director’s Findings

Following are the findings we made

concerning the amendment under

SMCRA and the Federal regulations at

30 CFR 732.15 and 732.17. We are

approving the amendment.

1. Minor Revisions to Montana’s

Statutes

Montana proposed minor wording,

editorial, punctuation, grammatical, and

recodification changes to the following

previously-approved statutes. The

corresponding Federal regulations or

SMCRA provisions are listed in

parentheses.

82–4–203, MCA, subsection (1), (30

CFR 842.11(e)), Definitions;

82–4–232, MCA, subsections (1), (7)

and (8), (SMCRA Sections 507(b)(6)

and 515(b)(3)), Area mining

require—bond—alternative plan;

82–4–253, MCA, subsections (1), (2)

and (3), (SMCRA Section 717(a)),

Suit for damage to water supply;

and

82–4–254, MCA, (1), (2), (3) and (9),

(SMCRA Sec. 518), Violation—

penalty—waiver.

Because these changes are minor, we

find that they will not make Montana’s

statutes less stringent than SMCRA.

2. MCA 82–4–203(21)(d), Definition of

‘‘Operator’’

Montana proposed to expand the

definition of ‘‘operator’’ to include a

person engaged in ‘‘uranium mining’’

using in situ methods. Montana

currently applies its coal mining

regulations in the Administrative Rules

of Montana (ARM) 26.4, Subchapter 9,

to the uranium industry. However, there

is no definition of what constitutes a

uranium mining ‘‘operator’’ in ARM. By

adding this definition, Montana is

adding clarity and consistency to the

State program.

There is no Federal equivalent statute

or rule to the definition of a uranium

mining operator, as OSM’s regulations

apply to coal mining exclusively.

Therefore, OSM finds that Montana’s

revised definition of ‘‘operator’’ is not

inconsistent with the requirements of

SMCRA, the Federal regulations, and

Montana’s currently approved program.

Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Rules and Regulations 31531

The Director approves MCA 82–4–

203(21)(d).

3. MCA 82–4–233(1) and (4), Planting of

Vegetation Following Grading of

Disturbed Area

At MCA 82–4–233(1) and (4),

Montana proposed to allow certain

lands (those mined, disturbed, or

redisturbed after May 2, 1978, and

seeded prior to January 1, 1984, with a

seed mix that was approved by the

department, lands on which the

reclaimed vegetation meets Montana’s

requirements and applicable State and

Federal seed and vegetation laws and

rules) to have introduced species

composing a major or dominant

component of the reclaimed vegetation,

as introduced species were, at that time,

considered to be desirable and

necessary to achieve the postmining

land use.

Montana’s currently approved

program in the Administrative Rules of

Montana (ARM) at 26.4.728 and MCA

82–4–233 and 82–4–235 contain

revegetation requirements which are no

less effective than the Federal

requirements at 30 CFR 816.111 and no

less stringent than the Federal

requirements at SMCRA Sec. 515(b)(19).

Concerning the establishment of native

species on reclaimed lands, Montana’s

approved program at ARM 26.4.728 is

more stringent than the Federal

requirements as Montana requires that

the revegetated area must be composed

of ‘‘at least 51% native species.’’

Montana is requesting the proposed

exemption at MCA 82–4–233(1) and (4)

from its approved program to cover

lands disturbed by mining after May 2,

1978 and seeded prior to January 1,

1984, when seed mixes recommended

by the State of Montana contained

highly competitive introduced species

which took over less-competitive native

species in the seed mix recommended at

that time.

In support of the statutory revision to

provide an exception to ARM 26.4.728,

Montana states that:

Much of the land disturbed by mining after

May 2, 1978 and seeded prior to January 1,

1984 was reclaimed and seeded with an

approved seed mix containing competitive

introduced species. The competitive nature

of several introduced species combined with

the reduced success of native species

resulted in the vegetation of many reclaimed

fields being dominated by introduced

species. With the advancement of

reclamation techniques and the revision of

seed mixtures, better reclamation and

revegetation with predominantly native

species have resulted.

In order to appropriately address the

preponderance of introduced species in

many of the earlier reclaimed stands, the

Department requested the Montana

Legislature to amend The Montana Strip and

Underground Mine Reclamation Act to

include the use of introduced species to

achieve the postmine lands use, which under

certain conditions, may be necessary and can

provide superior wildlife habitat and/or

livestock grazing. This provision addresses

those fields that were disturbed after May 12,

1978 and seeded prior to January 1, 1984.

The proposed change only addresses the use

of introduced species, all other vegetation

standard remain unchanged. Additionally,

Montana requires that all fields seeded after

January 1, 1984 must also meet the standard

of at least 51% native species at the time of

bond release.

While a reduction in the number of native

species may be realized in selected special

use pastures, vegetative production and cover

standards will be achieved prior to bond

release. These standards plus the structural

diversity apparent in these fields will ensure

the approved postmine land use (livestock

grazing and wildlife habitat) is appropriately

supported prior to final bond release. A

minor revision may be necessary to approve

those changes.

SMCRA allows the use of introduced

species in the revegetation process

where desirable and necessary to

achieve the approved postmining land

use plan. On lands disturbed by mining

after May 2, 1978 and seeded prior to

January 1, 1984, Montana’s approval of

the seed mixes indicates that Montana

determined that the introduced species

were desirable and necessary to achieve

the postmining land use, and allowed

the inclusion of these species in the

approved seed mix during the early

1980s. Although the introduced species

used during the specified time period

were unexpectedly competitive, as

compared with the recommended native

species in the same seed mix, vegetation

resulting from the seed mix still

provided wildlife habitat and/or

livestock grazing.

Neither SMCRA nor the Federal

regulations specify what percentage of

vegetative cover for reclaimed grazing

land or fish and wildlife should be

comprised of native species, but rather

SMCRA allows the use of introduced

species where desirable and necessary

to achieve the postmining land use.

Montana is documenting its decision

prior to January 1984 (and changed at

that time) that the use of introduced

species would provide the postmining

land uses of wildlife habitat and

livestock grazing, as provided in

SMCRA. Therefore, the Director finds

the Montana statute revisions at MCA

82–4–233(1) and (4) to be no less

stringent than SMCRA Sec. 515(19)(b)

and no less effective than 30 CFR

816.111 and is approving the revision.

4. MCA 82–4–243, Subsidence

In response to a Part 732 letter dated

June 5, 1996, concerning the Energy

Policy Act of 1992, Montana proposed

a new statute at MCA 82–4–243 which

provides that the permittee of an

underground coal mining operation

shall promptly repair or compensate for

subsidence-caused material damage to

any noncommercial building or

occupied residential dwelling and

related structures. Repair of damage

shall include rehabilitation, restoration,

or replacement. Compensation must be

provided to the owner of the damaged

property in the full amount of the

diminution in value resulting from the

subsidence. Compensation may be

accomplished by the purchase, prior to

mining, of a noncancellable premiumprepaid insurance policy. The statute

also requires the prompt replacement of

drinking, domestic, or residential water

supply from a well or spring, preexisting to the permit application,

which have been contaminated,

diminished, or interrupted by

underground coal mining operations.

Nothing in the statute may prohibit or

interrupt underground coal mining

operations. In addition, the Montana

statute provides that no remedy granted

under another statue provision or law

would be abrogated, impaired, or

diminished by MCA 82–4–243.

The Federal equivalent at SMCRA

Sec. 720(a) provides that underground

coal mining operations shall promptly

repair, or compensate for, material

damage resulting from subsidence

caused to any occupied residential

dwelling and structures related thereto,

or non-commercial building due to

underground coal mining operations.

Repair of damage shall include

rehabilitation, restoration, or

replacement of the damaged occupied

residential dwelling and structures

related thereto, or non-commercial

building. Compensation shall be

provided to the owner of the damaged

occupied residential dwelling and

structures related thereto or noncommercial building and shall be in the

full amount of the diminution in value

resulting from the subsidence.

Compensation may be accomplished by

the purchase, prior to mining, of a

noncancellable premium-prepaid

insurance policy. The statute also

requires prompt replacement of any

drinking, domestic, or residential water

supply from a well or spring in

existence prior to the application for a

surface coal mining and reclamation

permit affected by contamination,

diminution or interruption resulting

from underground coal mining

31532 Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Rules and Regulations

operations. Nothing in the statute shall

be construed to prohibit or interrupt

underground coal mining operations.

The Federal statute went into effect on

October 24, 1992.

The language of the Montana statute

is very similar to the Federal

counterpart and, therefore, is no less

stringent than SMCRA. OSM notes that

whereas the Federal statute refers to

‘‘underground coal mining operations,’’

the Montana statute refers to ‘‘the

permittee of an underground coal

mining operation.’’ Montana does not

have a definition of ‘‘permittee’’ in the

approved program. By letter dated

December 18, 2000, Montana stated that

it would write a definition of

‘‘permittee’’ for the State program and

submit it to OSM. Existing MCA 82–4–

221 clarifies that an operator may not

engage in strip or underground mining

without first having obtained from the

department a permit. MCA 82–4–221, as

well as other statutes in Montana’s

currently approved program, use the

term ‘‘permittee’’ for the holder of the

required permit. OSM believes that

Montana’s use of the term ‘‘permittee’’

and its meaning in proposed MCA 82–

4–243 is clear, even though the program

lacks a definition of ‘‘permittee’’ at this

time. Therefore, OSM finds that

Montana’s proposed MCA 82–4–243 is

no less stringent than Section 720(a) of

SMCRA and approves the new statute.

5. MCA 82–4–254(4), Violation—

Penalty—Waiver

The only revision proposed by

Montana to this subsection concerns the

deletion of ‘‘commissioner’’ and the

substitution of ‘‘director of

environmental quality.’’ This revision

reflects the State of Montana

reorganization in 1995 which, among

other things, revised the environmental

and natural resource functions of the

State government. Montana made

related revisions relating to the State

reorganization and title changes in the

January 22, 1999, Federal Register

notice at Finding No. 2 (Administrative

Record No. MT–14–11; 64 FR 3604), but

this subsection was overlooked.

Therefore, with reference to Finding No.

2 in the aforementioned January 22,

1999, Federal Register notice, the

Director approves this revision to MCA

82–4–254(4) as it implements the same

State reorganization.

IV. Summary and Disposition of

Comments

Public Comments

We asked for public comments on the

amendment (Administrative Record No.

MT–17–02), but did not receive any.

Federal Agency Comments

Under 30 CFR 732.17(h)(11)(i) and

Section 503(b) of SMCRA, we requested

comments on the amendment from

various Federal agencies with an actual

or potential interest in the Montana

program (Administrative Record No.

MT–17–02).

MSHA responded by letter dated

October 5, 2000, that the proposed

amendment was not in conflict with

MSHA regulations (Administrative

Record No. MT–17–04).

Environmental Protection Agency (EPA)

Concurrence and Comments

Under 30 CFR 732.17(h)(11)(i) and

(ii), we are required to get a written

agreement from EPA for those

provisions of the program amendment

that relate to air or water quality

standards issued under the authority of

the Clean Water Act (33 U.S.C. 1251 et

seq.) or the Clean Air Act (42 U.S.C.

7401 et seq.).

None of the revisions that Montana

proposed to make in this amendment

pertain to air or water quality standards.

Under 30 CFR 732.17(h)(11)(i), OSM

requested comments on the amendment

from EPA (Administrative Record No.

MT–17–02). EPA did not respond to our

request.

State Historic Preservation Officer

(SHPO) and the Advisory Council on

Historic Preservation (ACHP)

Under 30 CFR 732.17(h)(4), we are

required to request comments from the

SHPO and ACHP on amendments that

may have an effect on historic

properties. On September 12, 2000, we

requested comments on Montana’s

amendment (Administrative Record No.

MT–17–02), but neither responded to

our request.

V. Director’s Decision

Based on the above findings, we

approve the amendment sent to us by

Montana. We approve, as discussed in:

Finding No. 1, MCA 82–4–203(1),

concerning the definition of

‘‘abandoned;’’ MCA 82–4–232(1), (7)

and (8), concerning area mining

required—bond—alternate plan; MCA

82–4–253(1), (2) and (3), concerning suit

for damage to water supply; and MCA

82–4–254(1), (2), (3) and (9), concerning

violation—penalty—waiver; Finding

No. 2, MCA 82–4–203(21)(d),

concerning the definition of ‘‘operator’’

for uranium mining; Finding No. 3,

MCA 82–4–233(1) and (4), concerning

the use of introduced species on lands

mined, disturbed, or redisturbed after

May 2, 1978, and reseeded prior to

January 1, 1984; Finding No. 4, MCA

82–4–243, concerning subsidence; and

Finding No. 5, MCA 82–4–254(4),

concerning violation—penalty—waiver.

To implement this decision, we are

amending the Federal regulations at 30

CFR Part 926, which codify decisions

concerning the Montana program. We

are making this final rule effective

immediately to expedite the State

program amendment process and to

encourage States to make their programs

conform with the Federal standards.

SMCRA requires consistency of State

and Federal standards.

VI. Procedural Determinations

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

(Regulatory Planning and Review).

Executive Order 12630—Takings

This rule does not have takings

implications. This determination is

based on the analysis performed for the

counterpart Federal regulation.

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, and Section 503(a)(7) requires

that State programs contain rules and

regulations ‘‘consistent with’’

regulations issued by the Secretary

pursuant to SMCRA.

Executive Order 12988—Civil Justice

Reform

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

Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Rules and Regulations 31533

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.

National Environmental Policy Act

This rule does not require an

environmental impact statement

because 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)).

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, Federal, State, or

local government agencies, or

geographic regions; 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

OSM has determined and certifies

under the Unfunded Mandates Reform

Act (2 U.S.C. 1502 et seq.) that this rule

will not impose a cost of $100 million

or more in any given year on any local,

State, or Tribal governments or private

entities.

List of Subjects in 30 CFR Part 926

Intergovernmental relations, Surface

mining, Underground mining.

Dated: May 10, 2001.

Brent Wahlquist,

Regional Director, Western Regional

Coordinating Center.

For the reasons set out in the

preamble, 30 CFR 926 is amended as set

forth below:

PART 926—MONTANA

1. The authority citation for part 926

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 926.15 is amended in the

table by adding a new entry in

chronological order by ‘‘Date of Final

Publication’’ to read as follows:

§ 926.15 Approval of Montana regulatory

program amendments.

* * * * *

Original amendment submission date Date of final

publication Citation/description

*******

July 20 and August 17, 2000 .................... 6/12/01 MCA 82–4–203(1) and (21)(d), 82–4–232(1), (7) and (8), 82–4–233(1) and 4, 82–

4–243, 82–4–253(1), (2) and (3) and 82–4–254(1), (2), (3), (4) and (9).

[FR Doc. 01–14712 Filed 6–11–01; 8:45 am]

BILLING CODE 4310–05–P

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

RIN 1018–AH85

Subsistence Management Regulations

for Public Lands in Alaska

AGENCY: Forest Service, Agriculture;

Fish and Wildlife Service, Interior.

ACTION: Interim rule.

SUMMARY: This rule amends the

operating regulations of the Federal

Subsistence Management Program in

Alaska by expanding the authority that

the Board may delegate to agency field

officials and clarifying the procedures

for enacting emergency or temporary

restrictions, closures, or openings.

DATES: This rule is effective May 1,

2001. Comments on this rule must be

received by August 13, 2001.

ADDRESSES: Submit written comments

to Office of Subsistence Management,

3601 C Street, Suite 1030, Anchorage,

AK 99503. Submit electronic comments

to Bill_Knauer@fws.gov. Please submit

as either WordPerfect or MS Word files,

avoiding the use of any special

characters and any form of encryption.

FOR FURTHER INFORMATION CONTACT:

Chair, Federal Subsistence Board, c/o

U.S. Fish and Wildlife Service, Thomas

H. Boyd, (907) 786–3888. For questions

specific to National Forest System

lands, contact Ken Thompson, Regional

Subsistence Program Manager, USDA,

Forest Service, Alaska Region, (907)

271–2540.

SUPPLEMENTARY INFORMATION:

Background

Title VIII of the Alaska National

Interest Lands Conservation Act

(ANILCA) (16 U.S.C. 3111–3126)

requires that the Secretary of the Interior

and the Secretary of Agriculture

(Secretaries) implement a joint program

to grant a preference for subsistence

uses of fish and wildlife resources on

public lands, unless the State of Alaska