Wyoming Regulatory Program, 20604-20607 [E6-5973]

Download as PDF 20604 Federal Register / Vol. 71, No. 77 / Friday, April 21, 2006 / Proposed Rules its implementing Federal regulations and whether the other requirements of 30 CFR parts 730, 731, and 732 have been met. 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 13175—Consultation and Coordination With Indian Tribal Governments In accordance with Executive Order 13175, we have evaluated the potential effects of this rule on Federallyrecognized Indian tribes and have determined that the rule does not have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. This determination is based on the fact that the Texas program does not regulate coal exploration and surface coal mining and reclamation operations on Indian lands. Therefore, the Texas program has no effect on Federallyrecognized Indian tribes. wwhite on PROD1PC61 with PROPOSALS Executive Order 13211—Regulations That Significantly Affect the Supply, Distribution, or Use of Energy On May 18, 2001, the President issued Executive Order 13211 which requires agencies to prepare a Statement of Energy Effects for a rule that is (1) considered significant under Executive Order 12866, and (2) likely to have a significant adverse effect on the supply, distribution, or use of energy. Because this rule is exempt from review under Executive Order 12866 and is not expected to have a significant adverse effect on the supply, distribution, or use of energy, a Statement of Energy Effects is not required. VerDate Aug<31>2005 16:10 Apr 20, 2006 Jkt 208001 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 certifies 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, 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. 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 This rule will not impose an unfunded mandate on State, local, or tribal governments or the private sector PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 of $100 million or more in any given year. 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 did not impose an unfunded mandate. List of Subjects in 30 CFR Part 943 Intergovernmental relations, Surface mining, Underground mining. Dated: March 28, 2006. Charles E. Sandberg, Regional Director, Mid-Continent Region. [FR Doc. E6–5972 Filed 4–20–06; 8:45 am] BILLING CODE 4310–05–P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 950 [SATS No. WY–035–FOR] Wyoming Regulatory Program Office of Surface Mining Reclamation and Enforcement, Interior. AGENCY: Proposed rule; public comment period and opportunity for public hearing on proposed amendment. ACTION: SUMMARY: We are announcing receipt of a proposed amendment to the Wyoming regulatory program (hereinafter, the ‘‘Wyoming program’’) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Wyoming proposes revisions to and additions of rules about self-bonding (Rule Package 1–U). Wyoming intends to revise its program to be consistent with the corresponding Federal regulations, provide additional safeguards, clarify ambiguities, and improve operational efficiency. This document gives the times and locations that the Wyoming 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. We will accept written comments on this amendment until 4 p.m., m.s.t. May 22, 2006. If requested, we will hold a public hearing on the amendment on May 16, 2006. We will accept requests to speak until 4 p.m., m.s.t. on May 8, 2006. DATES: E:\FR\FM\21APP1.SGM 21APP1 Federal Register / Vol. 71, No. 77 / Friday, April 21, 2006 / Proposed Rules You may submit comments, identified by ‘‘SATS No. WY–035–FOR’’ by any of the following methods: • E-mail: WGainer@osmre.gov. Include ‘‘SATS No. WY–035–FOR’’ in the subject line of the message. • Mail/Hand Delivery/Courier: Willis Gainer, Acting Director, Casper Field Office, Office of Surface Mining Reclamation and Enforcement, Federal Building, 150 East B Street Rm 1018, Casper, Wyoming 82601–1018. 307/ 261–6550. WGainer@osmre.gov. • Fax: 307/261–6552. • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. Instructions: All submissions received must include the agency name and SATS No. WY–035–FOR. 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: Access to the docket, to review copies of the Wyoming program, this amendment, a listing of any scheduled public hearings, and all written comments received in response to this document, may be obtained at the addresses listed below during normal business hours, Monday through Friday, excluding holidays. You may receive one free copy of the amendment by contacting the Office of Surface Mining Reclamation and Enforcement’s (OSM) Casper Field Office. In addition, you may review a copy of the amendment during regular business hours at the following locations: Willis Gainer, Acting Director, Casper Field Office, Office of Surface Mining Reclamation and Enforcement, Federal Building, 150 East B Street Rm. 1018, Casper, Wyoming 82601– 1018. 307/261–6550. WGainer@osmre.gov. John V. Corra, Director, Wyoming Department of Environmental Quality, Herschler Building, 122 West 25th Street, Cheyenne, Wyoming 82002. 307/777–7046. jcorra@state.wy.us. FOR FURTHER INFORMATION CONTACT: Willis Gainer, Telephone: 307/261– 6550; E-mail: WGainer@osmre.gov. SUPPLEMENTARY INFORMATION: wwhite on PROD1PC61 with PROPOSALS ADDRESSES: Section 503(a) of the Act permits a State to assume primacy for the regulation of surface coal mining and VerDate Aug<31>2005 16:10 Apr 20, 2006 Jkt 208001 II. Description of the Proposed Amendment By letter dated March 7, 2006, Wyoming sent us a proposed amendment to its program (administrative record No. WY–40–1) under SMCRA (30 U.S.C. 1201 et seq.). Wyoming sent the amendment to reflect changes made at its own initiative. The full text of the program amendment is available for you to read at the locations listed above under ADDRESSES. The provisions of Wyoming’s Rules that Wyoming proposes to revise are: Definition of ‘‘Bond’’ Chapter 1, section 2(k). Self-Bonding and equivalent to a rating of ‘‘A’’ or higher by either Moody’s Investor Service or Standard and Poor’s Corporation. Revise Chapter 11, section 2(a)(xii)(A) to allow the Administrator to accept an increased self-bond limit of 35% of net worth for operators provided they meet more stringent financial ratios. Revise Chapter 11, section 2(a)(xii)(B) to allow the Administrator to accept an increased self-bond limit of 30% of net worth for parent corporate guarantors provided they meet more stringent financial ratios. Add newly-created Chapter 11, section 2(a)(xii)(D) to allow an operator to include foreign assets when calculating tangible net worth if the operator provides the information required under newly-created subsection (E). Add newly-created Chapter 11, section 2(a)(xii)(E) which details the additional requirements if the Administrator accepts a foreign parent or non-parent corporate guarantee including: A legal opinion concerning the collectability of the self-bond in a foreign country; a separate bonding instrument to cover the estimated cost of collection; and a requirement that all audited financial statements be prepared in English with generally accepted accounting principles. 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 Wyoming program. Self-Bonding Written Comments Send your written or electronic comments to OSM at the address given above. Your comments should be specific, pertain only to the issues proposed in this rulemaking, and include explanations in support of your recommendations. We will not consider or respond to your written comments when developing the final rule if they are received after the close of the comment period (see DATES). We will make every attempt to log all comments into the administrative record, but comments delivered to an address other than the Casper Field Office may not be logged in. Revise Chapter 11, section 2(a)(vii)(A) to allow operators to use an alternative ‘‘nationally-recognized statistical rating organization,’’ as approved by the Securities and Exchange Commission, if acceptable to the regulatory authority I. Background on the Wyoming Program II. Description of the Proposed Amendment III. Public Comment Procedures IV. Procedural Determinations I. Background on the Wyoming Program reclamation operations on non-Federal and non-Indian lands within its borders by demonstrating that its State program includes, among other things, ‘‘a 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 Wyoming program on November 26, 1980. You can find background information on the Wyoming program, including the Secretary’s findings, the disposition of comments, and the conditions of approval of the Wyoming program in the November 26, 1980, Federal Register (45 FR 78637). You can also find later actions concerning Wyoming’s program and program amendments at 30 CFR 950.12, 950.15, 950.16, and 950.20. 20605 Electronic Comments Please submit Internet comments as an ASCII file avoiding the use of special characters and any form of encryption. Please also include ‘‘Attn: SATS No. WY–035–FOR’’ and your name and Chapter 11, section 2(a)(vii)(A), section 2(a)(xii)(A) and (B), section 2(a)(xii)(D) and (E). Specifically, Wyoming proposes to make the following additions or revisions to its rules: Definition of ‘‘Bond’’ Revise Chapter 1, section 2(k) to expand the definition of ‘‘bond’’ to allow the Administrator to accept alternative financial assurances which provide comparable levels of assurance for reclamation performance, and require OSM approval of the alternative assurances. PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\21APP1.SGM 21APP1 20606 Federal Register / Vol. 71, No. 77 / Friday, April 21, 2006 / Proposed Rules return address in your Internet message. If you do not receive a confirmation that we have received your Internet message, contact the Casper Field Office at 307/ 261–6550. In the final rulemaking, we will not consider or include in the administrative record any electronic comments received after the time indicated under DATES or at e-addresses other than the Casper Field Office. 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. Availability of Comments We will make comments, including names and addresses of respondents, available for public review during normal business hours. We will not consider anonymous comments. If individual respondents request confidentiality, we will honor their request to the extent allowable by law. Individual respondents who wish to withhold their name or address from public review, except for the city or town, must state this prominently at the beginning of their comments. We will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public review in their entirety. Executive Order 12630—Takings wwhite on PROD1PC61 with PROPOSALS Public Hearing If you wish to speak at the public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., m.s.t. on May 8, 2006. If you are disabled and need special 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 a 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 VerDate Aug<31>2005 16:10 Apr 20, 2006 Jkt 208001 IV. Procedural Determinations This rule does not have takings implications. This determination is based on the analysis performed for the counterpart Federal regulation. 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. Executive Order 12988—Civil Justice Reform The Department of the Interior has conducted the reviews required by section 3 of Executive Order 12988 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 because each 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 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. 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. Section 503(a)(7) requires that State programs contain rules and regulations ‘‘consistent with’’ PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 regulations issued by the Secretary pursuant to SMCRA. Executive Order 13175—Consultation and Coordination With Indian Tribal Governments In accordance with Executive Order 13175, we have evaluated the potential effects of this rule on Federally recognized Indian Tribes and have determined that the rule does not have substantial direct effects on one or more Indian Tribes, on the relationship between the Federal government and Indian Tribes, or on the distribution of power and responsibilities between the Federal government and Indian Tribes. The rule does not involve or affect Indian Tribes in any way. Executive Order 13211—Regulations That Significantly Affect the Supply, Distribution, or Use of Energy On May 18, 2001, the President issued Executive Order 13211 which requires agencies to prepare a Statement of Energy Effects for a rule that is (1) considered significant under Executive Order 12866, and (2) likely to have a significant adverse effect on the supply, distribution, or use of energy. Because this rule is exempt from review under Executive Order 12866 and is not expected to have a significant adverse effect on the supply, distribution, or use of energy, a Statement of Energy Effects is not required. National Environmental Policy Act No environmental impact statement is required for this rule since agency decisions on proposed State regulatory programs plans and revisions thereof are categorically excluded from compliance with the National Environmental Policy Act (42 U.S.C. 4321 et seq.) by the Manual of the Department of the Interior (516 DM 6, appendix 8, paragraph 8.4B(29)). 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. 3501 et seq.). Regulatory Flexibility Act The Department of the Interior certifies 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, 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 E:\FR\FM\21APP1.SGM 21APP1 Federal Register / Vol. 71, No. 77 / Friday, April 21, 2006 / Proposed Rules significant economic effect upon a substantial number of small entities. 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), of 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. 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 This rule will not impose an unfunded mandate on State, local, or tribal governments or the private sector of $100 million or more in any given year. 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 did not impose an unfunded mandate. List of Subjects in 30 CFR Part 950 Intergovernmental relations, Surface mining, Underground mining. Dated: March 24, 2006. Allen D. Klein, Regional Director, Western Region. [FR Doc. E6–5973 Filed 4–20–06; 8:45 am] wwhite on PROD1PC61 with PROPOSALS BILLING CODE 4310–05–P VerDate Aug<31>2005 16:10 Apr 20, 2006 Jkt 208001 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition to Delist the Pacific Coast Population of the Western Snowy Plover Fish and Wildlife Service, Interior. ACTION: Notice of 12-month petition finding. AGENCY: SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to remove the Pacific coast population of the western snowy plover (Charadrius alexandrinus nivosus) from the Federal List of Threatened and Endangered Wildlife pursuant to the Endangered Species Act of 1973, as amended. After reviewing the best scientific and commercial information available, we find that the petitioned action is not warranted. We ask the public to submit to us any new information that becomes available concerning the status of, or threats to, the species. This information will help us monitor and encourage the conservation of this species. DATES: The finding announced in this document was made on April 21, 2006. ADDRESSES: Data, information, comments, or questions concerning this finding may be sent to the Field Supervisor (Attn: WSP–DELIST), Arcata Fish and Wildlife Office, U.S. Fish and Wildlife Service, 1655 Heindon Road, Arcata, California 95521–5582 (fax: 707–822–8411). The petition and supporting information are available for public inspection, by appointment, during normal business hours, at the above address. FOR FURTHER INFORMATION CONTACT: Jim Watkins, Fish and Wildlife Biologist, in Arcata (telephone: 707–822–7201). SUPPLEMENTARY INFORMATION: Background Section 4(b)(3)(A) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.) requires that we make a finding on whether a petition to list, delist, or reclassify a species presents substantial information to indicate the petitioned action may be warranted. Section 4(b)(3)(B) of the Act requires that within 12 months after receiving a petition to revise the List of Threatened and Endangered Wildlife and Plants that contains substantial information indicating that the petitioned action may be warranted, the PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 20607 Secretary shall make one of the following findings: (a) The petitioned action is not warranted, (b) the petitioned action is warranted, or (c) the petitioned action is warranted but precluded by higher priority workload. Such 12-month findings are to be published promptly in the Federal Register. Previous Federal Action The Pacific coast population of the western snowy plover (Charadrius alexandrinus nivosus) (Pacific Coast WSP) was listed as threatened on March 5, 1993 (Service 1993 (58 FR 12864)), prior to publication of our 1996 distinct population segment (DPS) policy (Service and NMFS 1996a (61 FR 4722; February 7, 1996)). At the time of listing, the primary threat to the plover was the loss and degradation of habitat from human activities. Critical habitat for the Pacific Coast WSP was designated on September 9, 2005 (70 FR 56969). On July 29, 2002, we received a petition from the Surf-Ocean Beach Commission of Lompoc, California, to delist the Pacific Coast WSP pursuant to the Act. We also received a similar petition dated May 30, 2003, from the City of Morro Bay, California. As explained in our 1996 Petition Management Guidance (Service and NMFS 1996b), subsequent petitions are treated separately only when they are greater in scope or broaden the area of review of the first petition. The City of Morro Bay petition repeats the same information provided in the Surf-Ocean Beach Commission petition and was therefore treated as a comment on the first petition received. On March 22, 2004 (69 FR 13326), we announced an initial (90-day) finding that the petition presented substantial information to indicate the petitioned action may be warranted, and we initiated a status review under sections 4(b)(3)(A) and 4(c)(2)(A) of the Act. We have now completed the status review on the species using the best available scientific and commercial information, and have reached a determination regarding the petitioned action. This status review also fulfills the requirements of 4(c)(2). Species Information Snowy plovers are small shorebirds, about 16 centimeters (6 inches) long, with pale brown upperparts, buffcolored bellies, and darker patches on their shoulders and heads. Their dark gray to black legs are a useful distinguishing feature when comparing to other plover species (Page et al. 1995a). Two subspecies of snowy plover E:\FR\FM\21APP1.SGM 21APP1

Agencies

[Federal Register Volume 71, Number 77 (Friday, April 21, 2006)]
[Proposed Rules]
[Pages 20604-20607]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-5973]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 950

[SATS No. WY-035-FOR]


Wyoming 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.

-----------------------------------------------------------------------

SUMMARY: We are announcing receipt of a proposed amendment to the 
Wyoming regulatory program (hereinafter, the ``Wyoming program'') under 
the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the 
Act). Wyoming proposes revisions to and additions of rules about self-
bonding (Rule Package 1-U). Wyoming intends to revise its program to be 
consistent with the corresponding Federal regulations, provide 
additional safeguards, clarify ambiguities, and improve operational 
efficiency.
    This document gives the times and locations that the Wyoming 
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 p.m., 
m.s.t. May 22, 2006. If requested, we will hold a public hearing on the 
amendment on May 16, 2006. We will accept requests to speak until 4 
p.m., m.s.t. on May 8, 2006.

[[Page 20605]]


ADDRESSES: You may submit comments, identified by ``SATS No. WY-035-
FOR'' by any of the following methods:
     E-mail: WGainer@osmre.gov. Include ``SATS No. WY-035-FOR'' 
in the subject line of the message.
     Mail/Hand Delivery/Courier: Willis Gainer, Acting 
Director, Casper Field Office, Office of Surface Mining Reclamation and 
Enforcement, Federal Building, 150 East B Street Rm 1018, Casper, 
Wyoming 82601-1018. 307/261-6550. WGainer@osmre.gov.
     Fax: 307/261-6552.
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and SATS No. WY-035-FOR. 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: Access to the docket, to review copies of the Wyoming 
program, this amendment, a listing of any scheduled public hearings, 
and all written comments received in response to this document, may be 
obtained at the addresses listed below during normal business hours, 
Monday through Friday, excluding holidays. You may receive one free 
copy of the amendment by contacting the Office of Surface Mining 
Reclamation and Enforcement's (OSM) Casper Field Office. In addition, 
you may review a copy of the amendment during regular business hours at 
the following locations:

Willis Gainer, Acting Director, Casper Field Office, Office of Surface 
Mining Reclamation and Enforcement, Federal Building, 150 East B Street 
Rm. 1018, Casper, Wyoming 82601-1018. 307/261-6550. WGainer@osmre.gov.
John V. Corra, Director, Wyoming Department of Environmental Quality, 
Herschler Building, 122 West 25th Street, Cheyenne, Wyoming 82002. 307/
777-7046. jcorra@state.wy.us.

FOR FURTHER INFORMATION CONTACT: Willis Gainer, Telephone: 307/261-
6550; E-mail: WGainer@osmre.gov.

SUPPLEMENTARY INFORMATION:

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

I. Background on the Wyoming 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, ``a 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 Wyoming program on November 26, 1980. You 
can find background information on the Wyoming program, including the 
Secretary's findings, the disposition of comments, and the conditions 
of approval of the Wyoming program in the November 26, 1980, Federal 
Register (45 FR 78637). You can also find later actions concerning 
Wyoming's program and program amendments at 30 CFR 950.12, 950.15, 
950.16, and 950.20.

II. Description of the Proposed Amendment

    By letter dated March 7, 2006, Wyoming sent us a proposed amendment 
to its program (administrative record No. WY-40-1) under SMCRA (30 
U.S.C. 1201 et seq.). Wyoming sent the amendment to reflect changes 
made at its own initiative. The full text of the program amendment is 
available for you to read at the locations listed above under 
ADDRESSES.
    The provisions of Wyoming's Rules that Wyoming proposes to revise 
are:

Definition of ``Bond''

    Chapter 1, section 2(k).

Self-Bonding

    Chapter 11, section 2(a)(vii)(A), section 2(a)(xii)(A) and (B), 
section 2(a)(xii)(D) and (E).
    Specifically, Wyoming proposes to make the following additions or 
revisions to its rules:
Definition of ``Bond''
    Revise Chapter 1, section 2(k) to expand the definition of ``bond'' 
to allow the Administrator to accept alternative financial assurances 
which provide comparable levels of assurance for reclamation 
performance, and require OSM approval of the alternative assurances.

Self-Bonding

    Revise Chapter 11, section 2(a)(vii)(A) to allow operators to use 
an alternative ``nationally-recognized statistical rating 
organization,'' as approved by the Securities and Exchange Commission, 
if acceptable to the regulatory authority and equivalent to a rating of 
``A'' or higher by either Moody's Investor Service or Standard and 
Poor's Corporation.
    Revise Chapter 11, section 2(a)(xii)(A) to allow the Administrator 
to accept an increased self-bond limit of 35% of net worth for 
operators provided they meet more stringent financial ratios.
    Revise Chapter 11, section 2(a)(xii)(B) to allow the Administrator 
to accept an increased self-bond limit of 30% of net worth for parent 
corporate guarantors provided they meet more stringent financial 
ratios.
    Add newly-created Chapter 11, section 2(a)(xii)(D) to allow an 
operator to include foreign assets when calculating tangible net worth 
if the operator provides the information required under newly-created 
subsection (E).
    Add newly-created Chapter 11, section 2(a)(xii)(E) which details 
the additional requirements if the Administrator accepts a foreign 
parent or non-parent corporate guarantee including: A legal opinion 
concerning the collectability of the self-bond in a foreign country; a 
separate bonding instrument to cover the estimated cost of collection; 
and a requirement that all audited financial statements be prepared in 
English with generally accepted accounting principles.

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 Wyoming program.

Written Comments

    Send your written or electronic comments to OSM at the address 
given above. Your comments should be specific, pertain only to the 
issues proposed in this rulemaking, and include explanations in support 
of your recommendations. We will not consider or respond to your 
written comments when developing the final rule if they are received 
after the close of the comment period (see DATES). We will make every 
attempt to log all comments into the administrative record, but 
comments delivered to an address other than the Casper Field Office may 
not be logged in.

Electronic Comments

    Please submit Internet comments as an ASCII file avoiding the use 
of special characters and any form of encryption. Please also include 
``Attn: SATS No. WY-035-FOR'' and your name and

[[Page 20606]]

return address in your Internet message. If you do not receive a 
confirmation that we have received your Internet message, contact the 
Casper Field Office at 307/261-6550. In the final rulemaking, we will 
not consider or include in the administrative record any electronic 
comments received after the time indicated under DATES or at e-
addresses other than the Casper Field Office.

Availability of Comments

    We will make comments, including names and addresses of 
respondents, available for public review during normal business hours. 
We will not consider anonymous comments. If individual respondents 
request confidentiality, we will honor their request to the extent 
allowable by law. Individual respondents who wish to withhold their 
name or address from public review, except for the city or town, must 
state this prominently at the beginning of their comments. We will make 
all submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public review in their entirety.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., m.s.t. on May 
8, 2006. If you are disabled and need special 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 a 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 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the counterpart Federal regulation.

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.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 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 because 
each 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 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.

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. Section 503(a)(7) requires 
that State programs contain rules and regulations ``consistent with'' 
regulations issued by the Secretary pursuant to SMCRA.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have evaluated the 
potential effects of this rule on Federally recognized Indian Tribes 
and have determined that the rule does not have substantial direct 
effects on one or more Indian Tribes, on the relationship between the 
Federal government and Indian Tribes, or on the distribution of power 
and responsibilities between the Federal government and Indian Tribes. 
The rule does not involve or affect Indian Tribes in any way.

Executive Order 13211--Regulations That Significantly Affect the 
Supply, Distribution, or Use of Energy

    On May 18, 2001, the President issued Executive Order 13211 which 
requires agencies to prepare a Statement of Energy Effects for a rule 
that is (1) considered significant under Executive Order 12866, and (2) 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Because this rule is exempt from review 
under Executive Order 12866 and is not expected to have a significant 
adverse effect on the supply, distribution, or use of energy, a 
Statement of Energy Effects is not required.

National Environmental Policy Act

    No environmental impact statement is required for this rule since 
agency decisions on proposed State regulatory programs plans and 
revisions thereof are categorically excluded from compliance with the 
National Environmental Policy Act (42 U.S.C. 4321 et seq.) by the 
Manual of the Department of the Interior (516 DM 6, appendix 8, 
paragraph 8.4B(29)).

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. 
3501 et seq.).

Regulatory Flexibility Act

    The Department of the Interior certifies 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, 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

[[Page 20607]]

significant economic effect upon a substantial number of small 
entities. 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), of 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.
    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

    This rule will not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of $100 million or more in any 
given year. 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 did not impose an 
unfunded mandate.

List of Subjects in 30 CFR Part 950

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 24, 2006.
Allen D. Klein,
Regional Director, Western Region.
 [FR Doc. E6-5973 Filed 4-20-06; 8:45 am]
BILLING CODE 4310-05-P

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