30 C.F.R. § 700.12

Petitions to initiate rulemaking

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(a) Any person may petition the Director to initiate a proceeding for the issuance, amendment, or repeal of any regulation under the Act. The petition shall be submitted to the Office of the Director, Office of Surface Mining Reclamation and Enforcement, Department of the Interior, Washington, DC 20240.

(b) The petition shall be a concise statement of the facts, technical justification, and law which require issuance, amendment, or repeal of a regulation under the Act and shall indicate whether the petitioner desires a public hearing.

(c) Upon receipt of the petition, the Director shall determine if the petition sets forth facts, technical justification and law which may provide a reasonable basis for issuance, amendment or repeal of a regulation. Facts, technical justification or law previously considered in a petition or rulemaking on the same issue shall not provide a reasonable basis. If the Director determines that the petition has a reasonable basis, a notice shall be published in the Federal Register seeking comments from the public on the proposed change. The Director may hold a public hearing, may conduct an investigation or take other action to determine whether the petition should be granted.

(d) Within 90 days from receipt of the petition, the Director shall issue a written decision either granting or denying the petition. The Director's decision shall constitute the final decision for the Department.

(1) If the petition is granted, the Director shall initiate a rulemaking proceeding.

(2) If the petition is denied, the Director shall notify the petitioner in writing, setting forth the reasons for denial.

Notes of Decisions

Cited in 2 cases, 1983–1995 · leading case: Nat'l Mining Ass'n v. United States Dep't of the Interior, 70 F.3d 1345 (D.C. Cir. 1995).

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Nat'l Mining Ass'n v. United States Dep't of the Interior, 70 F.3d 1345 (D.C. Cir. 1995). “The agency’s own regulation concerning publication of petitions requires publication for comment of a petition that “has a reasonable basis,” 30 C.F.R. § 700.12 (c) (1995). Therefore, it is argued, the Department implicitly reopened the NOV rule when it published the petition.”

Tug Valley Recovery Ctr. v. Watt, 703 F.2d 796 (4th Cir. 1983). “4 See 30 C.F.R. § 700.12 ; 5 U.S.C. § 702 (1977).”

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