Wyoming Abandoned Mine Land Reclamation Plan, 31392-31394 [E8-12199]
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Federal Register / Vol. 73, No. 106 / Monday, June 2, 2008 / Proposed Rules
in any one year.’’ The current threshold
after adjustment for inflation is $127
million, using the most current (2006)
Implicit Price Deflator for the Gross
Domestic Product. FDA does not expect
this proposed rule to result in any 1year expenditure that would meet or
exceed this amount.
System (FDMS). FDMS is a
Government-wide, electronic docket
management system. Electronic
comments or submissions will be
accepted by FDA only through FDMS at
https://www.regulations.gov.
DEPARTMENT OF THE INTERIOR
List of Subjects in 21 CFR Part 801
[SATS No. WY–036–FOR; Docket ID OSM–
2008–0008]
VII. How Does the Paperwork
Reduction Act of 1995 Apply to This
Proposed Rule?
This proposed rule contains
information collection provisions that
are subject to review by the Office of
Management and Budget (OMB) under
the Paperwork Reduction Act of 1995
(the PRA) (44 U.S.C. 3501–3520). The
collections of information addressed in
the companion direct final rule have
been approved by OMB in accordance
with the PRA under the regulations
governing labeling of medical devices
(21 CFR part 801, OMB control number
0910–0485).
Incorporation by reference, Labeling,
Medical devices, Reporting and
recordkeeping requirements.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, it is proposed that
21 CFR part 801 be amended as follows:
dwashington3 on PRODPC61 with PROPOSALS
VIII. What Are the Federalism Impacts
of This Proposed Rule?
FDA has analyzed this proposed rule
in accordance with the principles set
forth in Executive Order 13132. FDA
has determined that the rule does not
contain policies that have substantial
direct effects on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Accordingly, the
agency has concluded that the rule does
not contain policies that have
federalism implications as defined in
the Executive order and, consequently,
a federalism summary impact statement
is not required.
IX. How Do You Submit Comments on
This Proposed Rule?
Interested persons may submit to the
Division of Dockets Management (HFA305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville,
MD 20852, written or electronic
comments on this recommendation.
Submit electronic comments to https://
www.regulations.gov. Two copies of any
written comments are to be submitted,
except that individuals may submit one
copy. Comments are to be identified
with the name of the device and the
docket number found in brackets in the
heading of this document. Received
comments may be seen in the Division
of Dockets Management between 9 a.m.
and 4 p.m., Monday through Friday.
Please note that on January 15, 2008,
the FDA Division of Dockets
Management Web site transitioned to
the Federal Dockets Management
VerDate Aug<31>2005
15:15 May 30, 2008
Jkt 214001
PART 801—LABELING
1. The authority citation for 21 CFR
part 801 continues to read as follows:
Authority: 21 U.S.C. 321, 331, 351, 352,
360i, 360j, 371, 374.
2. Section 801.420 is amended by
revising the second and third sentences
of and adding a new fourth sentence to
paragraph (c)(4) introductory text and
by removing paragraph (d) to read as
follows:
§ 801.420 Hearing aid devices;
professional and patient labeling.
*
*
*
*
*
(c) * * *
(4) * * * The determination of
technical data values for the hearing aid
labeling shall be conducted in
accordance with the test procedures of
the American National Standard
‘‘Specification of Hearing Aid
Characteristics,’’ ANSI S3.22–2003
(Revision of ANSI S3.22–1996)
(Includes April 2007 Erratum). The
Director of the Office of the Federal
Register approves this incorporation by
reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Copies are
available from the Standards Secretariat
of the Acoustical Society of America,
120 Wall St., New York, NY 10005–
3993, or are available for inspection at
the Regulations Staff, CDRH (HFZ–215),
FDA, 1350 Piccard Dr., rm. 150,
Rockville, MD 20850, or at the National
Archives and Records Administration
(NARA). * * *
*
*
*
*
*
Dated: May 19, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and
Planning.
[FR Doc. E8–11909 Filed 5–30–08; 8:45 am]
BILLING CODE 4160–01–S
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Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 950
Wyoming Abandoned Mine Land
Reclamation Plan
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; opening of
public comment period and opportunity
for public hearing on proposed
amendment.
AGENCY:
SUMMARY: We, the Office of Surface
Mining Reclamation and Enforcement
(OSM), are announcing receipt of a
proposed amendment to the Wyoming
Abandoned Mine Land Reclamation
(AMLR) Plan (hereinafter, the Wyoming
Plan) under the Surface Mining Control
and Reclamation Act of 1977 (SMCRA
or the Act). Wyoming intends to revise
its Plan by submitting a revision to
correct an inadvertent error in the
statute amendment passed in the 2007
Legislative Session.
DATES: Comments on the proposed rule
must be received by 4 p.m., m.d.t., July
2, 2008 to ensure our consideration. If
requested, we will hold a public hearing
on the amendment on June 27, 2008. We
will accept requests to speak until 4
p.m., m.d.t., June 17, 2008.
ADDRESSES: You may submit comments
by either of the two following methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. The notice
is listed under the agency name ‘‘Office
of Surface Mining Reclamation and
Enforcement’’ and has been assigned
Docket ID: OSM–2008–0008.
• Mail/Hand Delivery: Jeffrey
Fleischman, Director, Casper Field
Office; Office of Surface Mining
Reclamation and Enforcement; 150 East
‘‘B’’ Street, Room 1018, Casper,
Wyoming 82601. Please include the
Docket ID (OSM–2008–0008) with your
comments.
If you would like to submit comments
through the Federal e-Rulemaking
Portal, go to https://www.regulations.gov
and do the following. Click on the
‘‘Advanced Docket Search’’ button on
the right side of the screen. Type in the
Docket ID OSM–2008–0008 and click
the ‘‘Submit’’ button at the bottom of the
page. The next screen will display the
Docket Search Results for the
rulemaking. If you click on OSM–2008–
0008, you can view the proposed rule
and submit a comment. You can also
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Federal Register / Vol. 73, No. 106 / Monday, June 2, 2008 / Proposed Rules
view supporting material and any
comments submitted by others.
We cannot ensure that comments
received after the close of the comment
period (see DATES) or sent to an address
other than the two listed above will be
included in the docket for this
rulemaking and considered.
For additional information on the
rulemaking process and the public
availability of comments, see ‘‘III. Public
Comment Procedures’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
You may receive one free copy of this
amendment by contacting OSM’s Casper
Field Office. You may access this
amendment’s docket, review copies of
the Wyoming Plan and this amendment,
find a listing of any scheduled public
hearings, and review all written
comments received in response to this
document during normal business
hours, Monday through Friday,
excluding holidays, at the following
addresses:
Federal e-Rulemaking Portal: https://
www.regulations.gov. The notice has
been assigned Docket ID: OSM–2008–
0008.
Jeffrey Fleischman, Director, Casper
Field Office, Office of Surface Mining
Reclamation and Enforcement, 150
East ‘‘B’’ Street, Room 1018, Casper,
Wyoming 82601, (307) 261–6550,
jfleischman@osmre.gov.
Rick Chancellor, AML Administrator,
Department of Environmental Quality,
Herschler Building, 122 West 25th
Street, Cheyenne, Wyoming 82002,
307–777–7062.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Fleischman, Casper Field Office
Director, Telephone: (307) 261–6550,
Internet address:
jfleischman@osmre.gov.
SUPPLEMENTARY INFORMATION:
dwashington3 on PRODPC61 with PROPOSALS
I. Background on the Wyoming Plan
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Wyoming Plan
The AMLR Program was established
by Title IV of the Act (30 U.S.C. 1201
et seq.) in response to concerns over
extensive environmental damage caused
by past coal mining activities. The
program is funded by a reclamation fee
collected on each ton of coal that is
produced. The money collected is used
to finance the reclamation of abandoned
coal mines and for other authorized
activities. Section 405 of the Act allows
States and Indian tribes to assume
exclusive responsibility for reclamation
activity within the State or on Indian
lands if they develop and submit to the
VerDate Aug<31>2005
15:15 May 30, 2008
Jkt 214001
Secretary of the Interior for approval, a
program (often referred to as a plan) for
the reclamation of abandoned coal
mines.
On February 14, 1983, the Secretary of
the Interior approved Wyoming’s AMLR
Plan. You can find general background
information on the Wyoming Plan,
including the Secretary’s findings and
the disposition of comments, in the
February 14, 1983, Federal Register (48
FR 6536). OSM announced in the May
25, 1984, Federal Register (49 FR
22139), the Director’s decision accepting
certification by Wyoming that it had
addressed all known coal-related
impacts in the State that were eligible
for funding under the Wyoming Plan.
Wyoming could then proceed in
reclaiming low priority non-coal
projects. The Director accepted
Wyoming’s proposal that it would seek
immediate funding for reclamation of
any additional coal-related problems
that occur during the life of the
Wyoming Plan. You can find later
actions concerning Wyoming’s Plan and
plan amendments at 30 CFR 950.35.
II. Description of the Proposed
Amendment
By letter dated March 21, 2008,
Wyoming submitted a proposed
amendment to the Wyoming
Reclamation Plan. Wyoming submitted
the amendment in response to a letter
sent to the State dated January 18, 2008,
from the Regional Director, Western
Region of OSM. Pursuant to 30 CFR
884.11, OSM directed Wyoming to
resolve a conflict in Wyoming accounts
established to receive funds from the
Federal Government pursuant to the
SMCRA program.
Specifically OSM stated it appears
that Wyoming’s new statute, WS–35–
11–1210 conflicts with existing WS–35–
11–1203. WS–35–11–1210 was passed
in 2007 and established an account to
receive funding under new section
411(h) of SMCRA. These funds are not
required to be spent on reclamation
projects.
Wyoming’s proposed amendment
clarifies that the account established by
WS–35–11–1210 is for the purpose of
receving funds from the Federal
Government pursuant to SMCRA
Section 411(h) and that these funds are
separate and in addition to funds
distributed to the account established by
WS–35–11–1203. The WS–35–11–1203
account remains to receive funds to
carry out the Reclamation Plan
including coal reclamation.
The full text of the plan amendment
is available for you to read at the
locations listed above under ADDRESSES.
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31393
III. Public Comment Procedures
Under the provisions of 30 CFR
884.15(a), OSM requests your comments
on whether the amendment satisfies the
applicable State reclamation plan
approval criteria of 30 CFR 884.14. If we
approve the amendment, it will become
part of the Wyoming Plan.
Electronic or Written Comments: If
you submit written comments, 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 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, e-mail 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 in the
electronic docket for this rulemaking at
https://www.regulations.gov. 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 p.m., m.d.t., on June 17,
2008. If you are disabled and need
reasonable accommodation 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. If there is only
limited interest in participating in a
public hearing, a public meeting rather
than a hearing may be held, and a
summary of the meeting will be
included in the docket for this
rulemaking.
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
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Federal Register / Vol. 73, No. 106 / Monday, June 2, 2008 / Proposed Rules
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.
IV. Procedural Determinations
Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
In accordance with Executive Order
13175, we have evaluated the potential
effects on federally recognized Indian
Tribes and have determined that the
proposed amendment 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 proposal does not affect Indian
Tribes in any way.
Executive Order 12630—Takings
This rule does not have takings
implications. This determination is
based on the analysis of the amendment
submitted by Wyoming.
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
(Regulatory Planning and Review).
dwashington3 on PRODPC61 with PROPOSALS
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 Tribe or State AMLR
plans and revisions since each such
plan is drafted and promulgated by a
specific Tribe or State, not by OSM.
Decisions on proposed Tribe or State
AMLR plans and revisions submitted by
a Tribe or State are based on a
determination of whether the submittal
meets the requirements of Title IV of
SMCRA (30 U.S.C. 1231–1243) and the
applicable Federal regulations at 30 CFR
parts 884 and 888.
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Jkt 214001
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.
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 on the
nature of the amendment submitted by
Wyoming.
List of Subjects in 30 CFR Part 950
Intergovernmental relations, Surface
mining, Underground mining.
Dated: May 13, 2008.
James Fulton,
Acting Regional Director, Western Region.
[FR Doc. E8–12199 Filed 5–30–08; 8:45 am]
BILLING CODE 4310–05–P
National Environmental Policy Act
No environmental impact statement is
required for this rule since agency
decisions on proposed Tribe or State
AMLR plans and revisions thereof are
categorically excluded from compliance
with the National Environmental Policy
Act (42 U.S.C. 4332) by the Manual of
the Department of the Interior at 516
DM 13.5.B(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.). This determination
is based upon the nature of the
amendment submitted by Wyoming as
discussed above.
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.
Based on the nature of the amendment
submitted by Wyoming, we have
determined that the 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.
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2008–0392]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Patapsco River, Inner Harbor,
Baltimore, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
establish special local regulations
during the ‘‘Pride of Baltimore Recycled
Regatta’’, a marine event to be held
August 2, 2008 on the waters of the
Patapsco River, Inner Harbor, Baltimore,
MD. These special local regulations are
necessary to provide for the safety of life
on navigable waters during the event.
This action is intended to temporarily
restrict vessel traffic in a portion of the
Baltimore Inner Harbor during the
event.
Comments and related material
must reach the Coast Guard on or before
July 2, 2008.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2008–0392 to the Docket
Management Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:
(1) Online: https://
www.regulations.gov.
(2) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
DATES:
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]]>Agencies
[Federal Register Volume 73, Number 106 (Monday, June 2, 2008)]
[Proposed Rules]
[Pages 31392-31394]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12199]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 950
[SATS No. WY-036-FOR; Docket ID OSM-2008-0008]
Wyoming Abandoned Mine Land Reclamation Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; opening of public comment period and opportunity
for public hearing on proposed amendment.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are announcing receipt of a proposed amendment to the Wyoming
Abandoned Mine Land Reclamation (AMLR) Plan (hereinafter, the Wyoming
Plan) under the Surface Mining Control and Reclamation Act of 1977
(SMCRA or the Act). Wyoming intends to revise its Plan by submitting a
revision to correct an inadvertent error in the statute amendment
passed in the 2007 Legislative Session.
DATES: Comments on the proposed rule must be received by 4 p.m.,
m.d.t., July 2, 2008 to ensure our consideration. If requested, we will
hold a public hearing on the amendment on June 27, 2008. We will accept
requests to speak until 4 p.m., m.d.t., June 17, 2008.
ADDRESSES: You may submit comments by either of the two following
methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
The notice is listed under the agency name ``Office of Surface Mining
Reclamation and Enforcement'' and has been assigned Docket ID: OSM-
2008-0008.
Mail/Hand Delivery: Jeffrey Fleischman, Director, Casper
Field Office; Office of Surface Mining Reclamation and Enforcement; 150
East ``B'' Street, Room 1018, Casper, Wyoming 82601. Please include the
Docket ID (OSM-2008-0008) with your comments.
If you would like to submit comments through the Federal e-
Rulemaking Portal, go to https://www.regulations.gov and do the
following. Click on the ``Advanced Docket Search'' button on the right
side of the screen. Type in the Docket ID OSM-2008-0008 and click the
``Submit'' button at the bottom of the page. The next screen will
display the Docket Search Results for the rulemaking. If you click on
OSM-2008-0008, you can view the proposed rule and submit a comment. You
can also
[[Page 31393]]
view supporting material and any comments submitted by others.
We cannot ensure that comments received after the close of the
comment period (see DATES) or sent to an address other than the two
listed above will be included in the docket for this rulemaking and
considered.
For additional information on the rulemaking process and the public
availability of comments, see ``III. Public Comment Procedures'' in the
SUPPLEMENTARY INFORMATION section of this document.
You may receive one free copy of this amendment by contacting OSM's
Casper Field Office. You may access this amendment's docket, review
copies of the Wyoming Plan and this amendment, find a listing of any
scheduled public hearings, and review all written comments received in
response to this document during normal business hours, Monday through
Friday, excluding holidays, at the following addresses:
Federal e-Rulemaking Portal: https://www.regulations.gov. The notice
has been assigned Docket ID: OSM-2008-0008.
Jeffrey Fleischman, Director, Casper Field Office, Office of Surface
Mining Reclamation and Enforcement, 150 East ``B'' Street, Room 1018,
Casper, Wyoming 82601, (307) 261-6550, jfleischman@osmre.gov.
Rick Chancellor, AML Administrator, Department of Environmental
Quality, Herschler Building, 122 West 25th Street, Cheyenne, Wyoming
82002, 307-777-7062.
FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Casper Field
Office Director, Telephone: (307) 261-6550, Internet address:
jfleischman@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Wyoming Plan
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Wyoming Plan
The AMLR Program was established by Title IV of the Act (30 U.S.C.
1201 et seq.) in response to concerns over extensive environmental
damage caused by past coal mining activities. The program is funded by
a reclamation fee collected on each ton of coal that is produced. The
money collected is used to finance the reclamation of abandoned coal
mines and for other authorized activities. Section 405 of the Act
allows States and Indian tribes to assume exclusive responsibility for
reclamation activity within the State or on Indian lands if they
develop and submit to the Secretary of the Interior for approval, a
program (often referred to as a plan) for the reclamation of abandoned
coal mines.
On February 14, 1983, the Secretary of the Interior approved
Wyoming's AMLR Plan. You can find general background information on the
Wyoming Plan, including the Secretary's findings and the disposition of
comments, in the February 14, 1983, Federal Register (48 FR 6536). OSM
announced in the May 25, 1984, Federal Register (49 FR 22139), the
Director's decision accepting certification by Wyoming that it had
addressed all known coal-related impacts in the State that were
eligible for funding under the Wyoming Plan. Wyoming could then proceed
in reclaiming low priority non-coal projects. The Director accepted
Wyoming's proposal that it would seek immediate funding for reclamation
of any additional coal-related problems that occur during the life of
the Wyoming Plan. You can find later actions concerning Wyoming's Plan
and plan amendments at 30 CFR 950.35.
II. Description of the Proposed Amendment
By letter dated March 21, 2008, Wyoming submitted a proposed
amendment to the Wyoming Reclamation Plan. Wyoming submitted the
amendment in response to a letter sent to the State dated January 18,
2008, from the Regional Director, Western Region of OSM. Pursuant to 30
CFR 884.11, OSM directed Wyoming to resolve a conflict in Wyoming
accounts established to receive funds from the Federal Government
pursuant to the SMCRA program.
Specifically OSM stated it appears that Wyoming's new statute, WS-
35-11-1210 conflicts with existing WS-35-11-1203. WS-35-11-1210 was
passed in 2007 and established an account to receive funding under new
section 411(h) of SMCRA. These funds are not required to be spent on
reclamation projects.
Wyoming's proposed amendment clarifies that the account established
by WS-35-11-1210 is for the purpose of receving funds from the Federal
Government pursuant to SMCRA Section 411(h) and that these funds are
separate and in addition to funds distributed to the account
established by WS-35-11-1203. The WS-35-11-1203 account remains to
receive funds to carry out the Reclamation Plan including coal
reclamation.
The full text of the plan amendment is available for you to read at
the locations listed above under ADDRESSES.
III. Public Comment Procedures
Under the provisions of 30 CFR 884.15(a), OSM requests your
comments on whether the amendment satisfies the applicable State
reclamation plan approval criteria of 30 CFR 884.14. If we approve the
amendment, it will become part of the Wyoming Plan.
Electronic or Written Comments: If you submit written comments,
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 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, e-mail 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 in the electronic docket for this rulemaking at https://
www.regulations.gov. 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 p.m.,
m.d.t., on June 17, 2008. If you are disabled and need reasonable
accommodation 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. If
there is only limited interest in participating in a public hearing, a
public meeting rather than a hearing may be held, and a summary of the
meeting will be included in the docket for this rulemaking.
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
[[Page 31394]]
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.
IV. Procedural Determinations
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects on federally recognized Indian Tribes and have
determined that the proposed amendment 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 proposal does not affect Indian Tribes in any way.
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis of the amendment submitted by Wyoming.
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 (Regulatory Planning and
Review).
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 Tribe or State AMLR plans and revisions since each such
plan is drafted and promulgated by a specific Tribe or State, not by
OSM. Decisions on proposed Tribe or State AMLR plans and revisions
submitted by a Tribe or State are based on a determination of whether
the submittal meets the requirements of Title IV of SMCRA (30 U.S.C.
1231-1243) and the applicable Federal regulations at 30 CFR parts 884
and 888.
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 Tribe or State AMLR plans and revisions
thereof are categorically excluded from compliance with the National
Environmental Policy Act (42 U.S.C. 4332) by the Manual of the
Department of the Interior at 516 DM 13.5.B(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.).
This determination is based upon the nature of the amendment submitted
by Wyoming as discussed above.
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. Based on the nature of
the amendment submitted by Wyoming, we have determined that the 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.
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 on the nature of the amendment
submitted by Wyoming.
List of Subjects in 30 CFR Part 950
Intergovernmental relations, Surface mining, Underground mining.
Dated: May 13, 2008.
James Fulton,
Acting Regional Director, Western Region.
[FR Doc. E8-12199 Filed 5-30-08; 8:45 am]
BILLING CODE 4310-05-P
