[Federal Register Volume 79, Number 97 (Tuesday, May 20, 2014)]
[Proposed Rules]
[Pages 28852-28854]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11656]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 925

[SATS No. MO-042-FOR; Docket ID: OSM-2014-0002; 
S1D1SSS08011000SX066A00067F144S180110; 
S2D2SSS08011000SX066A00033F14XS501520]


Missouri 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 Missouri 
regulatory program (Missouri program) under the Surface Mining Control 
and Reclamation Act of 1977 (SMCRA or the Act). Missouri proposes 
revisions to its coal Ownership and Control Rules. Missouri intends to 
revise its program to be no less effective than the Federal regulations 
and to improve operational efficiency.
    This document gives the times and locations that the Missouri 
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., c.d.t., June 19, 2014. If requested, we will hold a public 
hearing on the amendment on June 16, 2014. We will accept requests to 
speak at a hearing until 4:00 p.m., c.d.t. on June 4, 2014.

ADDRESSES: You may submit comments, identified by SATS No. MO-042-FOR, 
by any of the following methods:
     Mail/ Hand Delivery: Len Meier, Division Chief, Alton 
Field Division, Office of Surface Mining Reclamation and Enforcement, 
501 Belle Street, Suite 216, Alton, IL 62002.
     Fax: (618) 463-6470
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and

[[Page 28853]]

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 Missouri 
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 Alton Field Division or the 
full text of the program amendment is available for you to read at 
www.regulations.gov. Len Meier, Division Chief, Alton Field Division, 
Office of Surface Mining Reclamation and Enforcement, 501 Belle Street, 
Suite 216, Alton, IL 62002, Telephone: (618) 463-6460, Email: lmeier@ 
osmre.gov.
    In addition, you may review a copy of the amendment during regular 
business hours at the following location: Department of Natural 
Resources, Land Reclamation Program, 1738 East Elm Street, Jefferson 
City, Missouri 65101, Telephone: (573) 751-4041.

FOR FURTHER INFORMATION CONTACT: Len Meier, Division Chief, Alton Field 
Division, Office of Surface Mining Reclamation and Enforcement, 501 
Belle Street, Suite 216, Alton, IL 62002. Telephone: (618) 463-6460. 
Email: lmeier@ osmre.gov.

SUPPLEMENTARY INFORMATION:

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

I. Background on the Missouri 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 program includes, among other things, ``. . . State law which 
provides for the regulation of surface coal mining and reclamation 
operations in accordance with the requirements of this Act . . .; and 
rules and regulations consistent with regulations issued by the 
Secretary pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On 
the basis of these criteria, the Secretary of the Interior 
conditionally approved the Missouri program on November 21, 1980. You 
can find background information on the Missouri program, including the 
Secretary's findings, the disposition of comments, and conditions of 
approval, in the November 21, 1980, Federal Register (45 FR 77027). You 
can also find later actions concerning the Missouri program and program 
amendments at 30 CFR 925.10, 925.12, 925.15, and 925.16.

II. Description of the Proposed Amendment

    By letter dated February 18, 2014 (Administrative Record No. MO-
679), Missouri sent us an amendment to its program under SMCRA (30 
U.S.C. 1201 et seq.). Missouri submitted the proposed amendment in 
response to a September 30, 2009, letter (Administrative Record No. MO-
670A) that OSMRE sent to Missouri in accordance with 30 CFR 732.17(c) 
and to improve operational efficiency. Below is a summary of Missouri's 
proposed changes. The full text of the program amendment is available 
for you to read at the locations listed above under ADDRESSES or at 
www.regulations.gov.
    Missouri proposes to make changes to its Code of State Regulations 
at Title 10, Division 40 (10 CSR 40) in the following chapters:

A. For Permitting Requirements for Surface and Underground Coal Mining 
and Reclamation Operations and Coal Exploration: Chapter 6.030, 6.070 
and 6.100

    Missouri proposes to change terms, add clarifying language, make 
grammar changes, and correct reference errors. The items below list the 
affected rule sections and proposed changes.
    1. 10 CSR 40-6.030--Surface Mining Permit Applications--Minimum 
Requirements for Legal, Financial, Compliance, and Related Information. 
Clarifies ``owner'' as persons that own, of record, ten percent of 
applicant or operator. Adds requirement to list the operator's partners 
or principal shareholders. Adds ``of the outside right-of-way'' to the 
one hundred feet (100') of a public road requirement in section (4)(C).
    2. 10 CSR 40-6.070--Review, Public Participation and Approval of 
Permit Applications and Permit Terms and Conditions. Adds ``operator'' 
throughout the chapter as an additional requirement with the term 
``applicant''. Lists what applications for proposed remining operations 
must contain in new sections (8)(M)1, 2, 3, and (N).
    Adds verbiage when the regulatory authority will consider a 
provisionally issued permit to be improvidently issued, and under what 
conditions the permits will be suspended or rescinded at section 
(11)(A)4.
    Adds ``suspension'' to the section title of (11)(B), Rescission 
Procedures and throughout the section. Adds posting requirements for 
the notice of proposed suspension and rescission. Changes the time 
frame for the suspension notice from ``not to exceed ninety (90) days . 
. .'' to ``will provide sixty (60) days notice . . .''
    3. 10 CSR 40-6.100--Underground Mining Permit Applications--Minimum 
Requirements for Legal, Financial, Compliance, and Related Information. 
Clarifies ``owner'' as persons that own, of record, ten percent of 
applicant or operator. Adds requirement to list the operator's partners 
or principal shareholders.

B. For Definitions and General Requirements: Chapters 8.030 and 8.040

    Missouri proposes to change terms, add clarifying language, make 
grammar changes, and correct reference errors. The items below list the 
affected rule sections and proposed changes.
    1. 10 CSR 40-8.030--Permanent Program Inspection and Enforcement. 
Clarifies requirements under (6) Enforcement of Cessation Orders by 
adding requirements in section (G) requiring the regulatory authority 
to notify any persons listed under 10 CSR 40-6.070(12)(E) or 10 CSR 40-
6.030(1)(C) and (D), and 10 CSR 40-6.100(1)(C) and (D) that the 
cessation order was issued, and that the person has been identified as 
an owner or controller of the operation. Adds subsection (H), Post-
permit issuance information requirements for permittees.
    2. 10 CSR 40-8.040--Penalty Assessment. Increases the civil penalty 
under section (5) Assessment of Separate Violations for Each Day, 
subsection (B) from not less than $750 to not less than $1025.

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.
    Written Comments: If you submit written or electronic comments on 
the proposed rule during the 30-day comment period, they should be 
specific, should be confined to issues pertinent to the notice, and 
should explain the reason for your recommendation(s). We may not be 
able to consider or include in the Administrative Record comments 
delivered to an address other than the one listed above (see 
ADDRESSES).

[[Page 28854]]

    Electronic Comments: Please submit Internet comments as an ASCII, 
WordPerfect, or Word file avoiding the use of special characters and 
any form of encryption. Please also include ``Attn: SATS NO. MO-042-
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, contact the Alton Field Division at (618) 463-6460.
    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., c.d.t. on 
June 4, 2014. 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. 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.

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 925

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: April 2, 2014.
Ervin J. Barchenger,
Regional Director, Mid-Continent Region.
[FR Doc. 2014-11656 Filed 5-19-14; 8:45 am]
BILLING CODE 4310-05-P