82 FR 16009 - North Dakota Regulatory Program

DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement

Federal Register Volume 82, Issue 61 (March 31, 2017)

Page Range		16009-16010
FR Document		2017-06396

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the North Dakota regulatory program (North Dakota program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). North Dakota proposes numerous rule changes to the North Dakota Administrative Code for surface coal mining and reclamation operations and reclamation law changes that were made during North Dakota's 2015 Legislative Session. The law changes added a definition of ``commercial leonardite'' and excluded oxidized lignite (leonardite) from the statutory definition of ``coal.'' The law changes also added the phrase ``or commercial leonardite'' to many other sections of the reclamation law. North Dakota intends to revise its program to improve operational efficiency. This document gives the times and locations that the North Dakota program and 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.

Federal Register, Volume 82 Issue 61 (Friday, March 31, 2017)

[Federal Register Volume 82, Number 61 (Friday, March 31, 2017)]
[Proposed Rules]
[Pages 16009-16010]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06396]



[[Page 16009]]

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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 934

[SATS No. ND-054-FOR; Docket ID OSM-2016-0009; S1D1S SS08011000 
SX064A000 178S180110; S2D2S SS08011000 SX064A000 17XS501520]


North Dakota 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.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE), are announcing receipt of a proposed amendment to the North 
Dakota regulatory program (North Dakota program) under the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA or the Act). North 
Dakota proposes numerous rule changes to the North Dakota 
Administrative Code for surface coal mining and reclamation operations 
and reclamation law changes that were made during North Dakota's 2015 
Legislative Session. The law changes added a definition of ``commercial 
leonardite'' and excluded oxidized lignite (leonardite) from the 
statutory definition of ``coal.'' The law changes also added the phrase 
``or commercial leonardite'' to many other sections of the reclamation 
law. North Dakota intends to revise its program to improve operational 
efficiency.
    This document gives the times and locations that the North Dakota 
program and 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., m.d.t. May 1, 2017. If requested, we will hold a public hearing 
on the amendment on April 25, 2017. We will accept requests to speak 
until 4:00 p.m., m.d.t. on April 17, 2017.

ADDRESSES: You may submit comments, identified by SATS No. ND-054-FOR, 
by any of the following methods:
     Mail/Hand Delivery: Division Chief, Casper Area Office, 
Office of Surface Mining Reclamation and Enforcement, Dick Cheney 
Federal Building, POB 11018, 150 East B Street, Casper, Wyoming 82601-
1018.
     Fax: (307) 261-6552.
     Federal eRulemaking Portal: http://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 North 
Dakota program, this amendment, a listing of any scheduled public 
hearings, 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 Casper 
Area Office or the full text of the program amendment is available for 
you to read at www.regulations.gov.
    Jeffrey Fleischman, Division Chief, Casper Area Office, Office of 
Surface Mining Reclamation and Enforcement, Dick Cheney Federal 
Building, P.O. Box 11018, 150 East B Street, Casper, Wyoming 82601-
1018. Telephone: (307) 261-6555. Email: [email protected].
    In addition, you may review a copy of the amendment during regular 
business hours at the following location:
    Reclamation Division, North Dakota Public Service Commission, 600 
East Boulevard, Dept. 408, Bismarck, North Dakota 58505-0480. 
Telephone: (701) 328-2400.

FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Division Chief, 
Casper Area Office. Office of Surface Mining Reclamation and 
Enforcement, Dick Cheney Federal Building, P.O. Box 11018, 150 East B 
Street, Casper, Wyoming 82601-1018. Telephone: (307) 261-6555. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the North Dakota Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

I. Background on the North Dakota 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 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 North Dakota 
program on December 15, 1980. You can find 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 in the December 15, 1980 Federal Register (45 FR 82214). You 
can also find later actions concerning North Dakota's program and 
program amendments at 30 CFR 934.15 and 934.30.

II. Description of the Proposed Amendment

    By letter dated May 19, 2016 (Administrative Record No. ND-PP-01), 
North Dakota sent us an amendment to its program under SMCRA (30 U.S.C. 
1201 et seq.). North Dakota sent the amendment at its own initiative to 
include changes made to both the North Dakota Century Code (NDCC) and 
the North Dakota Administrative Code (NDAC). The full text of the 
program amendment is available for you to read at the locations listed 
above under ADDRESSES.
    Specifically, North Dakota proposes numerous rule changes to the 
NDAC Article 69-5.2 for surface coal mining and reclamation operations 
and reclamation law changes that were made by Senate Bill No. 2377 
during North Dakota's 2015 Legislative Session. The law changes added a 
definition of ``commercial leonardite'' and excluded oxidized lignite 
(leonardite) from the statutory definition of ``coal'' in NDCC Chapter 
38-14.1, while ensuring the mining of leonardite remains subject to the 
same permitting and reclamation requirements as coal. The law changes 
also added the phrase ``or commercial leonardite'' to many other 
sections of the reclamation law as appropriate. Similarly, the proposed 
rule changes primarily consist of adding the phrase ``or commercial 
leonardite'' immediately after the word ``coal'' when it is not part of 
a definition or other phrase that doesn't otherwise include 
``commercial leonardite.''

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 North Dakota program.

[[Page 16010]]

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 above (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., m.d.t. on 
April 17, 2017. 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 the 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. Procedural Determinations

Executive Order 12866--Regulatory Planning and Review

    This rulemaking is exempted from review by the Office of Management 
and Budget (OMB) under Executive Order 12866.

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 934

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 22, 2017.
David Berry,
Regional Director, Western Region.
[FR Doc. 2017-06396 Filed 3-30-17; 8:45 am]
 BILLING CODE 4310-05-P

Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Proposed Rules 16009

DEPARTMENT OF THE INTERIOR • Federal eRulemaking Portal: http:// accordance with the Act and consistent
www.regulations.gov. Follow the with the Federal regulations. See 30
Office of Surface Mining Reclamation instructions for submitting comments. U.S.C. 1253(a)(1) and (7). On the basis
and Enforcement Instructions: All submissions received of these criteria, the Secretary of the
must include the agency name and Interior conditionally approved the
30 CFR Part 934 docket number for this rulemaking. For North Dakota program on December 15,
detailed instructions on submitting 1980. You can find background
[SATS No. ND–054–FOR; Docket ID OSM– comments and additional information information on the North Dakota
2016–0009; S1D1S SS08011000 SX064A000 on the rulemaking process, see the program, including the Secretary’s
178S180110; S2D2S SS08011000 ‘‘Public Comment Procedures’’ heading
SX064A000 17XS501520] findings, the disposition of comments,
of the SUPPLEMENTARY INFORMATION and conditions of approval of the North
North Dakota Regulatory Program section of this document. Dakota program in the December 15,
Docket: For access to the docket to 1980 Federal Register (45 FR 82214).
AGENCY: Office of Surface Mining review copies of the North Dakota You can also find later actions
Reclamation and Enforcement, Interior. program, this amendment, a listing of concerning North Dakota’s program and
ACTION: Proposed rule; public comment any scheduled public hearings, and all program amendments at 30 CFR 934.15
period and opportunity for public written comments received in response and 934.30.
hearing on proposed amendment. to this document, you must go to the
address listed below during normal II. Description of the Proposed
SUMMARY: We, the Office of Surface business hours, Monday through Friday, Amendment
Mining Reclamation and Enforcement excluding holidays. You may receive
(OSMRE), are announcing receipt of a By letter dated May 19, 2016
one free copy of the amendment by
proposed amendment to the North contacting OSMRE’s Casper Area Office (Administrative Record No. ND–PP–01),
Dakota regulatory program (North or the full text of the program North Dakota sent us an amendment to
Dakota program) under the Surface amendment is available for you to read its program under SMCRA (30 U.S.C.
Mining Control and Reclamation Act of at www.regulations.gov. 1201 et seq.). North Dakota sent the
1977 (SMCRA or the Act). North Dakota Jeffrey Fleischman, Division Chief, amendment at its own initiative to
proposes numerous rule changes to the Casper Area Office, Office of Surface include changes made to both the North
North Dakota Administrative Code for Mining Reclamation and Enforcement, Dakota Century Code (NDCC) and the
surface coal mining and reclamation Dick Cheney Federal Building, P.O. Box North Dakota Administrative Code
operations and reclamation law changes 11018, 150 East B Street, Casper, (NDAC). The full text of the program
that were made during North Dakota’s Wyoming 82601–1018. Telephone: (307) amendment is available for you to read
2015 Legislative Session. The law 261–6555. Email: jfleischman@ at the locations listed above under
changes added a definition of osmre.gov. ADDRESSES.
‘‘commercial leonardite’’ and excluded In addition, you may review a copy of Specifically, North Dakota proposes
oxidized lignite (leonardite) from the the amendment during regular business numerous rule changes to the NDAC
statutory definition of ‘‘coal.’’ The law hours at the following location: Article 69–5.2 for surface coal mining
changes also added the phrase ‘‘or Reclamation Division, North Dakota and reclamation operations and
commercial leonardite’’ to many other Public Service Commission, 600 East reclamation law changes that were made
sections of the reclamation law. North Boulevard, Dept. 408, Bismarck, North by Senate Bill No. 2377 during North
Dakota intends to revise its program to Dakota 58505–0480. Telephone: (701) Dakota’s 2015 Legislative Session. The
improve operational efficiency. 328–2400. law changes added a definition of
This document gives the times and FOR FURTHER INFORMATION CONTACT: ‘‘commercial leonardite’’ and excluded
locations that the North Dakota program Jeffrey Fleischman, Division Chief, oxidized lignite (leonardite) from the
and proposed amendment to that Casper Area Office. Office of Surface statutory definition of ‘‘coal’’ in NDCC
program are available for your Mining Reclamation and Enforcement, Chapter 38–14.1, while ensuring the
inspection, the comment period during Dick Cheney Federal Building, P.O. Box mining of leonardite remains subject to
which you may submit written 11018, 150 East B Street, Casper, the same permitting and reclamation
comments on the amendment, and the Wyoming 82601–1018. Telephone: (307) requirements as coal. The law changes
procedures that we will follow for the 261–6555. Email: jfleischman@ also added the phrase ‘‘or commercial
public hearing, if one is requested. osmre.gov. leonardite’’ to many other sections of
DATES: We will accept written SUPPLEMENTARY INFORMATION:
the reclamation law as appropriate.
comments on this amendment until 4:00 Similarly, the proposed rule changes
p.m., m.d.t. May 1, 2017. If requested, I. Background on the North Dakota Program primarily consist of adding the phrase
II. Description of the Proposed Amendment ‘‘or commercial leonardite’’
we will hold a public hearing on the III. Public Comment Procedures
amendment on April 25, 2017. We will IV. Procedural Determinations
immediately after the word ‘‘coal’’ when
accept requests to speak until 4:00 p.m., it is not part of a definition or other
m.d.t. on April 17, 2017. I. Background on the North Dakota phrase that doesn’t otherwise include
ADDRESSES: You may submit comments, Program ‘‘commercial leonardite.’’
identified by SATS No. ND–054–FOR, Section 503(a) of the Act permits a
sradovich on DSK3GMQ082PROD with PROPOSALS

III. Public Comment Procedures
by any of the following methods: State to assume primacy for the
• Mail/Hand Delivery: Division Chief, regulation of surface coal mining and Under the provisions of 30 CFR
Casper Area Office, Office of Surface reclamation operations on non-Federal 732.17(h), we are seeking your
Mining Reclamation and Enforcement, and non-Indian lands within its borders comments on whether the amendment
Dick Cheney Federal Building, POB by demonstrating that its State program satisfies the applicable program
11018, 150 East B Street, Casper, includes, among other things, State laws approval criteria of 30 CFR 732.15. If we
Wyoming 82601–1018. and regulations that govern surface coal approve the amendment, it will become
• Fax: (307) 261–6552. mining and reclamation operations in part of the North Dakota program.

VerDate Sep<11>2014 16:04 Mar 30, 2017 Jkt 241001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\31MRP1.SGM 31MRP1

Document Created: 2017-03-31 01:37:46
Document Modified: 2017-03-31 01:37:46

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
Dates		We will accept written comments on this amendment until 4:00 p.m., m.d.t. May 1, 2017. If requested, we will hold a public hearing on the amendment on April 25, 2017. We will accept requests to speak until 4:00 p.m., m.d.t. on April 17, 2017.
Contact		Jeffrey Fleischman, Division Chief, Casper Area Office. Office of Surface Mining Reclamation and Enforcement, Dick Cheney Federal Building, P.O. Box 11018, 150 East B Street, Casper, Wyoming 82601-1018. Telephone: (307) 261-6555. Email: [email protected]
FR Citation		82 FR 16009
CFR Associated		Intergovernmental Relations; Surface Mining and Underground Mining

82 FR 16009 - North Dakota Regulatory Program

DEPARTMENT OF THE INTERIOROffice of Surface Mining Reclamation and Enforcement

Federal Register Volume 82, Issue 61 (March 31, 2017)

DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement