[Federal Register Volume 60, Number 58 (Monday, March 27, 1995)] [Proposed Rules] [Pages 15726-15728] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-7439] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 913 [IL-090] Illinois Regulatory Program AGENCY: Office of Surface Mining Reclamation Enforcement (OSM), Interior. ACTION: Proposed rule; pubic comment period and opportunity for public hearing. ----------------------------------------------------------------------- SUMMARY: OSM is announcing receipt of a proposed amendment to the Illinois regulatory program (hereinafter referred to as the Illinois program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment pertains to the merger of the Illinois Department of Mines and Minerals into the newly created Illinois Department of Natural Resources. The amendment is intended to provide formal notification to OSM of this pending reorganization. DATES: Written comments must be received by 4:00 p.m., [C.S.T.], April 26, 1995. If requested, a public hearing on the proposed amendment will be held on April 21, 1995. Requests to speak at the hearing must be received by 4:00 p.m., [C.S.T.], on April 11, 1995. ADDRESSES: Written comments and requests to speak at the hearing should be mailed or hand delivered to Mr. James F. Fulton, Director, Springfield Field Office, at the address listed below. Copies of the Illinois program, the proposed amendment, a listing of any scheduled public hearings, and all written comments received in response to this document will be available for public review at the addresses listed below during normal business hours, Monday through Friday, excluding holidays. Each requester may receive one free copy of the proposed amendment by contacting OSM's Springfield Field Office. James F. Fulton, Director, Springfield Field Office, Office of Surface Mining Reclamation and Enforcement, 511 West Capitol, Suite 202, Springfield, Illinois 62704, Telephone: (217) 492-4495. Illinois Department of Mines and Minerals, 300 West Jefferson Street, Suite 300, Springfield Illinois 62791, Telephone: (217) 782-4970. FOR FURTHER INFORMATION CONTACT: James F. Fulton, Director, Springfield Field Office, Telephone: (217) 492-4495. SUPPLEMENTARY INFORMATION: I. Background on the Illinois Program On June 1, 1982, the Secretary of the Interior conditionally approved the Illinois program. Background information on the Illinois program, including the Secretary's findings, the disposition of comments, and the conditions of approval can be found in the June 1, 1982, Federal Register (47 FR 23883). Subsequent actions concerning the conditions of approval and program amendments can be found at 30 CFR 913.15, 913.16, and 913.17. II. Description of the Proposed Amendment By letter dated March 3, 1995 (Administrative Record No. IL-1700), [[Page 15727]] Illinois submitted a proposed amendment to its program pursuant to SMCRA. Illinois submitted the proposed amendment at it own initiative. In accordance with 30 CFR 732.17(b), Illinois notified OSM that effective July 1, 1995, the Illinois Department of Mines and Minerals will cease to exist in name only. It will be redesignated the Office of Mines and Minerals. Specifically, the Illinois Department of Mines and Minerals will be merged into the new Illinois Department of Natural Resources by virtue of Executive Order Number 2 (1995) signed by the Governor of Illinois, on March 1, 1995. Article V, Section 11 of the Constitution of the State of Illinois authorizes the Governor to reassign functions among or reorganize executive agencies which are directly responsible to him in order to simplify the organizational structure of the Executive Branch, to improve accountability, to increase accessibility, and to achieve efficiency and effectiveness in operation. Executive Order Number 2 (1995) contains the following applicable provisions: Part I, paragraph C, provides that ``[t]he Department of Natural Resources shall have within it an Office of Mines and Minerals which shall be responsible for the functions previously vested in the Department of Mines and Minerals. . . .; Part II, paragraph C, transfers the Surface-Mined Land Conservation and Reclamation Act (225 ILCS 715/1 et seq.) [State Act for the initial program] and the Surface Coal Mining Land Conservation and Reclamation Act (225 ILCS 720.1.01 et seq.) [State Act for the permanent program] from the Department of Mines and Minerals to the Department of Natural Resources along with the rights, powers, and duties incidental to these Acts; In Part III, paragraph A abolishes the Department of Mines and Minerals, paragraph B abolishes the office of the Director of Mines and Minerals, and paragraph C transfer personnel previously assigned to the Department of Mines and Minerals to the Department of Natural Resources; and Part IV, paragraph F, provides that ``[t]his Executive Order shall not affect the legality of any rules in the Illinois Administrative Code that are in force on the effective date of this Executive Order that have been duly adopted by the agencies reorganized under this Order. As soon as practicable hereafter, the Department of Natural Resources * * * shall propose and adopt under the Illinois Administrative Procedure Act such rules as may be necessary to consolidate and clarify the rules of the various reorganized agencies that will now be administered by the successor agency.'' III. Public Comment Procedures In accordance with the provisions of 30 CFR 732.17(h), OSM is seeking comments on whether the proposed amendment satisfies the applicable program approval criteria of 30 CFR 732.15. If the amendment is deemed adequate, it will become part of the Illinois program. Written Comments Written comments should be specific, pertain only to the issues proposed in this rulemaking, and include explanations in support of the Commenter's recommendations. Comments received after the time indicated under DATES or at locations other than the Springfield Field Office will not necessarily be considered in the final rulemaking or included in the Administrative Record. Public Hearing Persons wishing to speak at the public hearing should contact the person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., [C.S.T.] on April 11, 1995. The location and time of the hearing will be arranged with those persons requesting the hearing. If no one requests an opportunity to speak at the public hearing, the hearing will not be held. Filing of a written statement at the time of the hearing is requested as it will greatly assist the transcriber. Submission of written statements in advance of the hearing will allow OSM officials to prepare adequate responses and appropriate questions. The public hearing will continue on the specified date until all persons scheduled to speak have been heard. Persons in the audience who have not been scheduled to speak, and who wish to do so, will be heard following those who have been scheduled. The hearing will end after all persons scheduled to speak and persons present in the audience who wish to speak have been heard. Public Meeting If only one person requests an opportunity to speak at a hearing, a public meeting, rather than a public hearing, may be held. Persons wishing to meet with OSM representatives to discuss the proposed amendment may request a meeting by contacting the persons listed under FOR FURTHER INFORMATION CONTACT.'' All such meetings will be open to the public and, if possible, notice of meetings will be posted at the locations listed under ADDRESSES. A written summary of each meeting will be made a part of the Administrative Record. Any disabled individual who has need for a special accommodation to attend a public hearing should contact the individual listed under FOR FURTHER INFORMATION CONTACT. IV. Procedural Determinations Executive Order 12866 This rule is exempted from review by the office of Management and Budget (OMB) under Executive Order 12866 (Regulatory Planning and Review). Executive Order 12778 The Department of the Interior has conducted the reviews required by section 2 of Executive Order 12778 (Civil Justice Reform) and has determined that, to the extent allowed 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 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. National Environmental Policy Act No environmental impact statement is required for this rule since 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(c)(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 [[Page 15728]] under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The State submittal which 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. List of Subjects in 30 CFR Part 913 Intergovernmental relations, Surface mining, Underground mining. Dated: March 16, 1995. Ronald C. Recker, Acting Assistant Director, Eastern Support Center. [FR Doc. 95-7439 Filed 3-24-95; 8:45 am] BILLING CODE 4310-05-M