Texas Regulatory Program, 21534-21536 [2010-9574]

Download as PDF 21534 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Proposed Rules Issued in Seattle, Washington, on April 16, 2010. Clark Desing, Manager, Operations Support Group, Western Service Center. [FR Doc. 2010–9614 Filed 4–23–10; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 943 [SATS No. TX–059–FOR; Docket ID: OSM– 2010–0001] Texas Regulatory Program WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 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, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing receipt of a proposed amendment to the Texas regulatory program (Texas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Texas proposes revisions to its regulations regarding annual permit fees. Texas intends to revise its program to improve operational efficiency. This document gives the times and locations that the Texas 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., c.d.t., May 26, 2010. If requested, we will hold a public hearing on the amendment on May 21, 2010. We will accept requests to speak at a hearing until 4 p.m., c.d.t. on May 11, 2010. ADDRESSES: You may submit comments, identified by Docket No. TX–059–FOR, by any of the following methods: • E-mail: aclayborne@osmre.gov. Include ‘‘Docket No. TX–059–FOR’’ in the subject line of the message. • Mail/Hand Delivery: Alfred L. Clayborne, Director, Tulsa Field Office, Office of Surface Mining Reclamation and Enforcement, 1645 South 101st East Avenue, Suite 145, Tulsa, Oklahoma 74128–4629. • Fax: (918) 581–6419. • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. VerDate Nov<24>2008 15:22 Apr 23, 2010 Jkt 220001 Instructions: All submissions received must include the agency name and docket number for this rulemaking. 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: For access to the docket to review copies of the Texas program, this amendment, a listing of any scheduled public hearings, and all written comments received in response to this document, you must go to the address listed below during normal business hours, Monday through Friday, excluding holidays. You may receive one free copy of the amendment by contacting OSM’s Tulsa Field Office or going to https://www.regulations.gov. Alfred L. Clayborne, Director, Tulsa Field Office, Office of Surface Mining Reclamation and Enforcement, 1645 South 101st East Avenue, Suite 145, Tulsa, Oklahoma 74128–4629, Telephone: (918) 581–6430, E-mail: aclayborne@osmre.gov. In addition, you may review a copy of the amendment during regular business hours at the following location: Surface Mining and Reclamation Division, Railroad Commission of Texas, 1701 North Congress Avenue, Capitol Station, P.O. Box 12967, Austin, Texas 78711– 2967, Telephone: (512) 463–6900. FOR FURTHER INFORMATION CONTACT: Alfred L. Clayborne, Director, Tulsa Field Office. Telephone: (918) 581– 6430. E-mail: aclayborne@osmre.gov. SUPPLEMENTARY INFORMATION: I. Background on the Texas Program II. Description of the Proposed Amendment III. Public Comment Procedures IV. Procedural Determinations I. Background on the Texas 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 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 Texas program effective February 16, 1980. You can find background information on the Texas program, including the Secretary’s findings, the disposition of PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 comments, and the conditions of approval of the Texas program in the February 27, 1980, Federal Register (45 FR 12998). You can also find later actions concerning the Texas program and program amendments at 30 CFR 943.10, 943.15 and 943.16. II. Description of the Proposed Amendment By letter dated January 5, 2010 (Administrative Record No. TX–666), Texas sent us an amendment to its program under SMCRA (30 U.S.C. 1201 et seq.) at its own initiative. Below is a summary of the changes proposed by Texas. The full text of the program amendment is available for you to read at the locations listed above under ADDRESSES. Texas proposes to revise its regulation at 16 Texas Administrative Code (TAC) section 12.108(b) regarding annual permit fees by: (1) Decreasing the amount of the fee for each acre of land within the permit area on which coal or lignite was actually removed during the calendar year, (2) Increasing the amount of the fee for each acre of land within a permit area covered by a reclamation bond on December 31st of the year, and (3) Increasing the amount of the fee for each permit in effect on December 31st of the year. Texas fully funds its 50% state share of costs to regulate the coal mining industry with fees paid by the coal industry. Texas charges various fees to meet these costs including permit application fees, and annual fees for lands in various stages of mining and reclamation. The proposed fee revisions are intended to provide incentives for industry to accomplish reclamation and achieve bond release as quickly as possible. This would be achieved by decreasing the fee per acre where coal or lignite is removed, and increasing both the fee for each acre under permit and the fee for each permit which remains active on December 31st of each year. By making these changes, companies are encouraged to make every effort to achieve bond release before the end of each year. 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 State program. E:\FR\FM\26APP1.SGM 26APP1 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Proposed Rules 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 State 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 (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 at any time. 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. WReier-Aviles on DSKGBLS3C1PROD 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., c.d.t. on May 11, 2010. If you are disabled and need reasonable 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 a hearing. To assist the transcriber and ensure an accurate record, we request, if possible, that each person who speaks at the 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. VerDate Nov<24>2008 17:27 Apr 23, 2010 Jkt 220001 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 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 21535 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. The basis for this determination is that our decision is on a State regulatory program and does not involve Federal regulations involving Indian lands. 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. 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 E:\FR\FM\26APP1.SGM 26APP1 21536 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / 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. 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. 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. Dated: January 22, 2010. Ervin J. Barchenger, Regional Director, Mid-Continent Region. Unfunded Mandates This rule will not impose an unfunded mandate on State, local, or List of Subjects in 30 CFR Part 943 Act of 1934, as amended, provides for the annual assessment and collection of regulatory fees under sections 9(b)(2) and 9(b)(3), respectively, for annual ‘‘Mandatory Adjustments’’ and ‘‘Permitted Amendments’’ to the Schedule of Regulatory Fees. DATES: Comments are due May 4, 2010, and reply comments are due May 11, 2010. Assessment and Collection of Regulatory Fees for Fiscal Year 2010 ADDRESSES: You may submit comments, identified by MD Docket No. 10–87, by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Federal Communications Commission’s Web site: https:// www.fcc.gov/cgb/ecfs. Follow the instructions for submitting comments. • E-mail: ecfs@fcc.gov. Include MD Docket No. 10–87 in the subject line of the message. • Mail: Commercial overnight mail (other than U.S. Postal Service Express Mail, and Priority Mail, must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class, Express, and Priority mail should be addressed to 445 12th Street, SW., Washington, DC 20554. AGENCY: Federal Communications Commission. ACTION: Notice of proposed rulemaking. FOR FURTHER INFORMATION CONTACT: Roland Helvajian, Office of Managing Director at (202) 418–0444. SUMMARY: The Commission will revise its Schedule of Regulatory Fees in order to recover an amount of $335,794,000 that Congress has required the Commission to collect for fiscal year 2010. Section 9 of the Communications SUPPLEMENTARY INFORMATION: Intergovernmental relations, Surface mining, Underground mining. Editorial Note: This document was received in the Office of the Federal Register on Wednesday, April 21, 2010. [FR Doc. 2010–9574 Filed 4–23–10; 8:45 am] BILLING CODE 4310–05–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 1 [MD Docket No. 10–87; FCC 10–51] Adopted: April 12, 2010. Released: April 13, 2010. By the Commission. Table of Contents WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Paragraph I. Introduction ........................................................................................................................................................................................... A. FY 2010 Regulatory Fee Assessment Methodology ................................................................................................................... 1. AM and FM Radio Stations ................................................................................................................................................... 2. Submarine Cable Methodology ............................................................................................................................................. B. Regulatory Fee Obligations for Digital Full Service Television Broadcasters .......................................................................... C. Regulatory Fee Obligations for Digital Low Power, Class A, and TV Translators/Boosters .................................................... D. Commercial Mobile Radio Service Messaging Service .............................................................................................................. E. Administrative and Operational Issues ....................................................................................................................................... 1. Mandatory Use of Fee Filer ................................................................................................................................................... 2. Notification and Collection of Regulatory Fees ................................................................................................................... a. Pre-Bills ........................................................................................................................................................................... II. Procedural Matters ............................................................................................................................................................................... A. Public Notices and Fact Sheets ................................................................................................................................................... B. Assessment Notifications ............................................................................................................................................................. 1. Media Services Licensees ...................................................................................................................................................... 2. CMRS Cellular and Mobile Services Assessments .............................................................................................................. C. Streamlined Regulatory Fee Payment Process ............................................................................................................................ 1. Cable Television Subscribers ................................................................................................................................................ 2. CMRS Cellular and Mobile Providers ................................................................................................................................... 3. Interstate Telecommunications Service Providers (‘‘ITSP’’) ................................................................................................ D. Payment of Regulatory Fees ......................................................................................................................................................... 1. Lock Box Bank ....................................................................................................................................................................... 2. Receiving Bank for Wire Payments ....................................................................................................................................... 3. De Minimis Regulatory Fees ................................................................................................................................................. 4. Standard Fee Calculations and Payment Dates .................................................................................................................... VerDate Nov<24>2008 15:22 Apr 23, 2010 Jkt 220001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\26APP1.SGM 26APP1 1 2 4 5 7 8 9 10 11 12 12 13 14 15 15 18 21 21 22 23 24 24 25 26 27

Agencies

[Federal Register Volume 75, Number 79 (Monday, April 26, 2010)]
[Proposed Rules]
[Pages 21534-21536]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9574]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 943

[SATS No. TX-059-FOR; Docket ID: OSM-2010-0001]


Texas 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.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are announcing receipt of a proposed amendment to the Texas 
regulatory program (Texas program) under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA or the Act). Texas proposes revisions to 
its regulations regarding annual permit fees. Texas intends to revise 
its program to improve operational efficiency.
    This document gives the times and locations that the Texas 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., 
c.d.t., May 26, 2010. If requested, we will hold a public hearing on 
the amendment on May 21, 2010. We will accept requests to speak at a 
hearing until 4 p.m., c.d.t. on May 11, 2010.

ADDRESSES: You may submit comments, identified by Docket No. TX-059-
FOR, by any of the following methods:
     E-mail: aclayborne@osmre.gov. Include ``Docket No. TX-059-
FOR'' in the subject line of the message.
     Mail/Hand Delivery: Alfred L. Clayborne, Director, Tulsa 
Field Office, Office of Surface Mining Reclamation and Enforcement, 
1645 South 101st East Avenue, Suite 145, Tulsa, Oklahoma 74128-4629.
     Fax: (918) 581-6419.
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. 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: For access to the docket to review copies of the Texas 
program, this amendment, a listing of any scheduled public hearings, 
and all written comments received in response to this document, you 
must go to the address listed below during normal business hours, 
Monday through Friday, excluding holidays. You may receive one free 
copy of the amendment by contacting OSM's Tulsa Field Office or going 
to https://www.regulations.gov. Alfred L. Clayborne, Director, Tulsa 
Field Office, Office of Surface Mining Reclamation and Enforcement, 
1645 South 101st East Avenue, Suite 145, Tulsa, Oklahoma 74128-4629, 
Telephone: (918) 581-6430, E-mail: aclayborne@osmre.gov.

    In addition, you may review a copy of the amendment during regular 
business hours at the following location: Surface Mining and 
Reclamation Division, Railroad Commission of Texas, 1701 North Congress 
Avenue, Capitol Station, P.O. Box 12967, Austin, Texas 78711-2967, 
Telephone: (512) 463-6900.

FOR FURTHER INFORMATION CONTACT: Alfred L. Clayborne, Director, Tulsa 
Field Office. Telephone: (918) 581-6430. E-mail: aclayborne@osmre.gov.

SUPPLEMENTARY INFORMATION: 
I. Background on the Texas Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

I. Background on the Texas 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 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 Texas program effective February 16, 1980. You can find background 
information on the Texas program, including the Secretary's findings, 
the disposition of comments, and the conditions of approval of the 
Texas program in the February 27, 1980, Federal Register (45 FR 12998). 
You can also find later actions concerning the Texas program and 
program amendments at 30 CFR 943.10, 943.15 and 943.16.

II. Description of the Proposed Amendment

    By letter dated January 5, 2010 (Administrative Record No. TX-666), 
Texas sent us an amendment to its program under SMCRA (30 U.S.C. 1201 
et seq.) at its own initiative. Below is a summary of the changes 
proposed by Texas. The full text of the program amendment is available 
for you to read at the locations listed above under ADDRESSES.
    Texas proposes to revise its regulation at 16 Texas Administrative 
Code (TAC) section 12.108(b) regarding annual permit fees by:
    (1) Decreasing the amount of the fee for each acre of land within 
the permit area on which coal or lignite was actually removed during 
the calendar year,
    (2) Increasing the amount of the fee for each acre of land within a 
permit area covered by a reclamation bond on December 31st of the year, 
and
    (3) Increasing the amount of the fee for each permit in effect on 
December 31st of the year.
    Texas fully funds its 50% state share of costs to regulate the coal 
mining industry with fees paid by the coal industry. Texas charges 
various fees to meet these costs including permit application fees, and 
annual fees for lands in various stages of mining and reclamation. The 
proposed fee revisions are intended to provide incentives for industry 
to accomplish reclamation and achieve bond release as quickly as 
possible. This would be achieved by decreasing the fee per acre where 
coal or lignite is removed, and increasing both the fee for each acre 
under permit and the fee for each permit which remains active on 
December 31st of each year. By making these changes, companies are 
encouraged to make every effort to achieve bond release before the end 
of each year.

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 State program.

[[Page 21535]]

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 State 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 (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 at any time. 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., c.d.t. on May 
11, 2010. If you are disabled and need reasonable 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 a hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at the 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, 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 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 basis for this determination is that our decision is on a State 
regulatory program and does not involve Federal regulations involving 
Indian lands.

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. 
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

[[Page 21536]]

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 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: January 22, 2010.
Ervin J. Barchenger,
Regional Director, Mid-Continent Region.

    Editorial Note: This document was received in the Office of the 
Federal Register on Wednesday, April 21, 2010.
[FR Doc. 2010-9574 Filed 4-23-10; 8:45 am]
BILLING CODE 4310-05-P