Utah Regulatory Program, 32089-32091 [E9-15971]
Download as PDF
32089
Proposed Rules
Federal Register
Vol. 74, No. 128
Tuesday, July 7, 2009
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 944
[SATS No. UT–046–FOR; Docket ID No.
OSM–2009–0005]
Utah Regulatory Program
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 are announcing the
receipt of a proposed amendment to the
Utah regulatory program (hereinafter,
the ‘‘Utah program’’) under the Surface
Mining Control and Reclamation Act of
1977 (‘‘SMCRA’’ or ‘‘the Act’’). Utah
proposes to delete repeal dates for
statutory provisions pertaining to permit
eligibility and revegetation requirements
on lands eligible for remining. Utah
intends to revise its program to remain
consistent with the Federal Program
under SMCRA.
This document gives the times and
locations that the Utah program and the
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.d.t.], August 6, 2009. If
requested, we will hold a public hearing
on the amendment on August 3, 2009.
We will accept requests to speak until
4 p.m. [m.d.t.] on July 22, 2009.
ADDRESSES: You may submit comments
by any of the following three methods:
Federal eRulemaking Portal: https://
www.regulations.gov. The proposed rule
has been assigned Docket ID: OSM–
2009–0005. If you would like to submit
comments through the Federal
VerDate Nov<24>2008
14:44 Jul 06, 2009
Jkt 217001
eRulemaking 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–2009–0005’’ and click the
‘‘Submit’’ button at the bottom of the
page. The next screen will display the
Docket Search results. If you click on
‘‘OSM–2009–0005’’ you can view the
proposed rule and submit a comment.
You can also view supporting material
and any comments submitted by others.
Hand Delivery/Courier: James F.
Fulton, Chief, Denver Field Division,
Office of Surface Mining Reclamation
and Enforcement, 1999 Broadway, Suite
3320, Denver, CO 80202.
U.S. Postal Service: James F. Fulton,
Chief, Denver Field Division, Office of
Surface Mining Reclamation and
Enforcement, P.O. Box 46667, Denver,
CO 80201–46667.
Instructions: 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: In addition to obtaining
copies of documents at https://
www.regulations.gov, information may
also 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 OSM’s
Denver Office.
James F. Fulton, Chief, Denver Field
Division, Office of Surface Mining
Reclamation and Enforcement, 1999
Broadway, Suite 3320, Denver, CO
80202, (303) 293–5015,
jfulton@osmre.gov.
John Baza, Director, Utah Division of
Oil, Gas and Mining, 1594 West North
Temple, Suite 1210, Salt Lake City, UT
84116, 801–538–5334,
johnbaza@utah.gov.
FOR FURTHER INFORMATION CONTACT:
James F. Fulton, Chief, Denver Field
Division, Office of Surface Mining
Reclamation and Enforcement, 1999
Broadway, Suite 3320, Denver, CO
80202, (303) 293–5015,
jfulton@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Utah Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
I. Background on the Utah 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 Utah
program on January 21, 1981. You can
find background information on the
Utah program, including the Secretary’s
findings, the disposition of comments,
and the conditions of approval of the
Utah program in the January 21, 1981,
Federal Register (46 FR 5899). You can
also find later actions concerning Utah’s
program and program amendments at 30
CFR 944.15 and 944.30.
II. Description of the Proposed
Amendment
By letter dated May 19, 2009, Utah
sent us a proposed amendment to its
program (SATS # UT–046–FOR; Docket
ID No. OSM–2009–0005) under SMCRA
(30 U.S.C. 1201 et seq.). Utah sent the
amendment at its own initiative. The
full text of the program amendment is
available for you to read at the locations
listed above under ADDRESSES.
Specifically, Utah proposes to delete
Utah Code Annotated (UCA) 40–10–
11(5)(c) and UCA 40–10–17(6). These
subsections contain repeal dates for
UCA 40–10–11(5) and UCA 40–10–
17(2)(t)(ii). By deleting these repeal
dates, the Division would retain
provisions that are slated to expire.
These provisions pertain to permit
eligibility and revegetation requirements
on lands eligible for remining.
OSM deleted corresponding repeal
dates in the December 20, 2006 changes
to SMCRA (H.R. 6111, Tax Relief and
Health Care Act of 2006). Through the
deletion in SMCRA Sec. 510(e), OSM
retained the authority of 510(e) and
515(b)(20)(B), which were also slated to
expire.
E:\FR\FM\07JYP1.SGM
07JYP1
32090
Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Proposed Rules
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 Utah program.
Electronic or Written Comments
Send your written or electronic
comments to OSM at the address given
above. 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
Tribal or 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 July 22, 2009. 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 only one person
expresses an interest, a public meeting
rather than a hearing may be held, with
the results included in the docket for
this rulemaking.
VerDate Nov<24>2008
14:44 Jul 06, 2009
Jkt 217001
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.
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
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
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
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. 4321 et seq.).
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
E:\FR\FM\07JYP1.SGM
07JYP1
Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Proposed Rules
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), 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 944
Intergovernmental relations, Surface
mining, Underground mining.
Dated: May 29, 2009.
Allen D. Klein,
Regional Director, Western Region.
[FR Doc. E9–15971 Filed 7–6–09; 8:45 am]
BILLING CODE P
VerDate Nov<24>2008
14:44 Jul 06, 2009
Jkt 217001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
[EPA–HQ–OAR–2005–0161; FRL–8927–3]
RIN 2060–A081
Regulation of Fuels and Fuel
Additives: Changes to Renewable Fuel
Standard Program; Extension of
Comment Period
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule; extension of
comment period.
SUMMARY: The U.S. Environmental
Protection Agency (‘‘EPA’’) is
announcing an extension of the public
comment period for the proposed rule
‘‘Regulation of Fuels and Fuel
Additives: Changes to Renewable Fuel
Standard Program’’ (the proposed rule is
hereinafter referred to as ‘‘RFS2’’). EPA
published a notice of proposed
rulemaking, which included a request
for comment, in the Federal Register on
May 26, 2009. The public comment
period was to end on July 27, 2009—60
days after publication in the Federal
Register. The purpose of this document
is to extend the comment period an
additional 60 days until September 25,
2009. This extension of the comment
period is provided to allow the public
additional time to provide comment on
the proposed rule.
DATES: The comment period for the
proposed rule published May 26, 2009
(74 FR 24904) is extended. Written
comments must be received on or before
September 25, 2009.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2005–0161, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: a-and-r-docket@epa.gov.
• Mail: Air and Radiation Docket and
Information Center, Environmental
Protection Agency, Mailcode: 2822T,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460. In addition,
please mail a copy of your comments on
the information collection provisions to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget (OMB), Attn: Desk Officer for
EPA, 725 17th St., NW., Washington, DC
20503.
• Hand Delivery: EPA Docket Center,
EPA West Building, Room 3334, 1301
Constitution Ave., NW., Washington,
DC 20004. Such deliveries are only
accepted during the Docket’s normal
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
32091
hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2005–
0161. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://www.
epa.gov/epahome/dockets.htm. For
additional instructions on submitting
comments, please refer to the notice of
proposed rulemaking (Section XI, Public
Participation, of the SUPPLEMENTARY
INFORMATION section of the proposed
rulemaking document).
How Can I Access the Docket?
All documents in the docket are listed
in the https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Air and Radiation Docket and
Information Center, EPA/DC, EPA West,
E:\FR\FM\07JYP1.SGM
07JYP1
Agencies
[Federal Register Volume 74, Number 128 (Tuesday, July 7, 2009)]
[Proposed Rules]
[Pages 32089-32091]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15971]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 /
Proposed Rules
[[Page 32089]]
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 944
[SATS No. UT-046-FOR; Docket ID No. OSM-2009-0005]
Utah Regulatory Program
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 are announcing the receipt of a proposed amendment to the
Utah regulatory program (hereinafter, the ``Utah program'') under the
Surface Mining Control and Reclamation Act of 1977 (``SMCRA'' or ``the
Act''). Utah proposes to delete repeal dates for statutory provisions
pertaining to permit eligibility and revegetation requirements on lands
eligible for remining. Utah intends to revise its program to remain
consistent with the Federal Program under SMCRA.
This document gives the times and locations that the Utah program
and the 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.d.t.], August 6, 2009. If requested, we will hold a public hearing
on the amendment on August 3, 2009. We will accept requests to speak
until 4 p.m. [m.d.t.] on July 22, 2009.
ADDRESSES: You may submit comments by any of the following three
methods:
Federal eRulemaking Portal: https://www.regulations.gov. The
proposed rule has been assigned Docket ID: OSM-2009-0005. If you would
like to submit comments through the Federal eRulemaking 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-2009-0005'' and click the ``Submit'' button at
the bottom of the page. The next screen will display the Docket Search
results. If you click on ``OSM-2009-0005'' you can view the proposed
rule and submit a comment. You can also view supporting material and
any comments submitted by others.
Hand Delivery/Courier: James F. Fulton, Chief, Denver Field
Division, Office of Surface Mining Reclamation and Enforcement, 1999
Broadway, Suite 3320, Denver, CO 80202.
U.S. Postal Service: James F. Fulton, Chief, Denver Field Division,
Office of Surface Mining Reclamation and Enforcement, P.O. Box 46667,
Denver, CO 80201-46667.
Instructions: 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: In addition to obtaining copies of documents at https://www.regulations.gov, information may also 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 OSM's Denver Office.
James F. Fulton, Chief, Denver Field Division, Office of Surface
Mining Reclamation and Enforcement, 1999 Broadway, Suite 3320, Denver,
CO 80202, (303) 293-5015, jfulton@osmre.gov.
John Baza, Director, Utah Division of Oil, Gas and Mining, 1594
West North Temple, Suite 1210, Salt Lake City, UT 84116, 801-538-5334,
johnbaza@utah.gov.
FOR FURTHER INFORMATION CONTACT: James F. Fulton, Chief, Denver Field
Division, Office of Surface Mining Reclamation and Enforcement, 1999
Broadway, Suite 3320, Denver, CO 80202, (303) 293-5015,
jfulton@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Utah Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Utah 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 Utah program on January 21, 1981. You can
find background information on the Utah program, including the
Secretary's findings, the disposition of comments, and the conditions
of approval of the Utah program in the January 21, 1981, Federal
Register (46 FR 5899). You can also find later actions concerning
Utah's program and program amendments at 30 CFR 944.15 and 944.30.
II. Description of the Proposed Amendment
By letter dated May 19, 2009, Utah sent us a proposed amendment to
its program (SATS UT-046-FOR; Docket ID No. OSM-2009-0005)
under SMCRA (30 U.S.C. 1201 et seq.). Utah sent the amendment at its
own initiative. The full text of the program amendment is available for
you to read at the locations listed above under ADDRESSES.
Specifically, Utah proposes to delete Utah Code Annotated (UCA) 40-
10-11(5)(c) and UCA 40-10-17(6). These subsections contain repeal dates
for UCA 40-10-11(5) and UCA 40-10-17(2)(t)(ii). By deleting these
repeal dates, the Division would retain provisions that are slated to
expire. These provisions pertain to permit eligibility and revegetation
requirements on lands eligible for remining.
OSM deleted corresponding repeal dates in the December 20, 2006
changes to SMCRA (H.R. 6111, Tax Relief and Health Care Act of 2006).
Through the deletion in SMCRA Sec. 510(e), OSM retained the authority
of 510(e) and 515(b)(20)(B), which were also slated to expire.
[[Page 32090]]
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 Utah program.
Electronic or Written Comments
Send your written or electronic comments to OSM at the address
given above. 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 Tribal or 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 July
22, 2009. 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 only one
person expresses an interest, a public meeting rather than a hearing
may be held, with the results 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 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 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
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. 4321 et
seq.).
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
[[Page 32091]]
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), 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 944
Intergovernmental relations, Surface mining, Underground mining.
Dated: May 29, 2009.
Allen D. Klein,
Regional Director, Western Region.
[FR Doc. E9-15971 Filed 7-6-09; 8:45 am]
BILLING CODE P