Pennsylvania Regulatory Program, 34962-34964 [2010-14869]
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34962
Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Proposed Rules
present in the audience who wish to
speak, have been heard.
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
Public Meeting
If there is only limited interest in
participating in a public hearing, we
may hold a public meeting rather than
a public hearing. If you wish to meet
with us to discuss the submission,
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 12866—Regulatory
Planning and Review
This rule is exempted from review by
the Office of Management and Budget
(OMB) under Executive Order 12866.
Other Laws and Executive Orders
Affecting Rulemaking
When a State submits a program
amendment to OSM for review, our
regulations at 30 CFR 732.17(h) require
us to publish a notice in the Federal
Register indicating receipt of the
proposed amendment, its text or a
summary of its terms, and an
opportunity for public comment. We
conclude our review of the proposed
amendment after the close of the public
comment period and determine whether
the amendment should be approved,
approved in part, or not approved. At
that time, we will also make the
determinations and certifications
required by the various laws and
executive orders governing the
rulemaking process and include them in
the final rule.
List of Subjects in 30 CFR Part 938
Intergovernmental relations, Surface
mining, Underground mining.
Dated: April 28, 2010.
Thomas D. Shope,
Regional Director, Appalachian Region.
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30 CFR Part 938
[PA–154–FOR; OSM 2010–0002]
Pennsylvania Regulatory Program
AGENCY: Office of Surface Mining
Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment
period and opportunity for public
hearing on proposed amendment.
SUMMARY: OSM is announcing the
receipt of a proposed amendment to the
Pennsylvania regulatory program (the
‘‘Pennsylvania program’’) under the
Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the
Act). The proposed amendment
(Administrative Record Number PA
837.111) consists of a recent statutory
amendment to Pennsylvania’s Coal
Refuse Disposal Control Act (CRDA), 52
Pennsylvania Statute Section 30.51 et
seq. Section 4.1(a) of the CRDA was
amended by adding subsection (6) to
section 4.1(a), which added another
category of sites to the list of ‘‘preferred
sites’’ currently found in section 4.1.
This document gives the times and
locations that the Pennsylvania program
and this submittal are available for your
inspection, the comment period during
which you may submit written
comments, and the procedures that we
will follow for the public hearing, if one
is requested.
DATES: We will accept written
comments until 4 p.m., e.s.t. July 21,
2010. If requested, we will hold a public
hearing on July 16, 2010. We will accept
requests to speak until 4 p.m., e.s.t. on
July 6, 2010.
ADDRESSES: You may submit comments,
identified by ‘‘PA–154–FOR; Docket ID:
OSM–2010–0002’’ by either of the
following two methods:
Federal eRulemaking Portal:
www.regulations.gov. The proposed rule
has been assigned Docket ID: OSM–
2010–0002. If you would like to submit
comments through the Federal
eRulemaking Portal, go to
www.regulations.gov and follow the
instructions.
Mail/Hand Delivery/Courier: Mr.
George Rieger, Chief, Pittsburgh Field
Division, Office of Surface Mining
Reclamation and Enforcement,
Harrisburg Transportation Center, 415
Market St., Suite 304, Harrisburg, PA
17101.
Instructions: For detailed instructions
on submitting comments and additional
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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
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
Pittsburgh Field Division Office.
George Rieger, Chief, Pittsburgh Field
Division, Office of Surface Mining
Reclamation and Enforcement,
Harrisburg Transportation Center, 415
Market St., Suite 304, Harrisburg,
Pennsylvania 17101, Telephone No.
(717) 782–4036, E-mail:
grieger@osmre.gov.
William S. Allen Jr., Acting Director,
Bureau of Mining and Reclamation,
Pennsylvania Department of
Environmental Protection, Rachel
Carson State Office Building, P.O. Box
8461, Harrisburg, Pennsylvania 17105–
8461, Telephone: (717) 787–5015, Email: wallen@state.pa.us.
FOR FURTHER INFORMATION CONTACT:
George Rieger, Telephone: (717) 782–
4036. E-mail: grieger@osmre.gov
SUPPLEMENTARY INFORMATION:
I. Background on the Pennsylvania Program
II. Description of the Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Pennsylvania
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
Pennsylvania program on July 30, 1982.
You can find background information
on the Pennsylvania program, including
the Secretary’s findings, the disposition
of comments, and conditions of
approval of the Pennsylvania program
in the July 30, 1982, Federal Register
(47 FR 33050). You can also find later
actions concerning the Pennsylvania
program and program amendments at 30
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Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Proposed Rules
CFR 938.11, 938.12, 938.13, 938.15, and
938.16.
II. Description of the Amendment
By letter dated February 24, 2010,
Pennsylvania sent us an amendment to
its program (Administrative Number PA
837.111) under SMCRA (30 U.S.C. 1201
et seq.). Pennsylvania sent the
amendment to include changes made at
its own initiative. The full text of the
program amendment is available for you
to read at the locations listed above
under ADDRESSES.
Pennsylvania has proposed a revision
(adding subsection (6)) that would add
another category of sites to the list of
‘‘preferred sites currently found in
section 4.1, the site selection provision
of the CRDA.’’ The proposed addition
provides as follows:
Section 4.1.
Site Selection
(a) Preferred sites shall be used for
coal refuse disposal unless the applicant
demonstrates to the department another
site is more suitable based upon
engineering, geology, economics,
transportation systems, and social
factors and is not adverse to the public
interest. A preferred site is one of the
following:
(1) A watershed polluted by acid mine
drainage;
(2) A watershed containing an
unreclaimed surface mine but which
has no mining discharge;
(3) A watershed containing an
unreclaimed surface mine with
discharges that could be improved by
the proposed coal refuse disposal
operation;
(4) Unreclaimed coal refuse disposal
piles that could be improved by the
proposed coal refuse disposal operation;
(5) Other unreclaimed areas
previously affected by mining activities;
(6) An area adjacent to or an
expansion of an existing coal refuse
disposal site.
III. Public Comment Procedures
Under the provisions of 30 CFR
732.17(h), we are seeking your
comments on whether the submission
satisfies the applicable program
approval criteria of 30 CFR 732.15. If we
approve the amendment, it will become
part of the Pennsylvania program.
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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
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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 at any time.
While you may 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. We will not consider anonymous
comments.
Public Hearing
If you wish to speak at the public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT by 4
p.m., e.s.t. July 6, 2010. If you are
disabled and need special
accommodations to attend a public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT. We
will arrange the location and time of the
hearing with those persons requesting
the hearing. If no one requests an
opportunity to speak, we will not hold
the hearing.
To assist the transcriber and ensure an
accurate record, we request, if possible,
that each person who speaks at a public
hearing provide us with a written copy
of his or her comments. The public
hearing will continue on the specified
date until everyone scheduled to speak
has been given an opportunity to be
heard. If you are in the audience and
have not been scheduled to speak and
wish to do so, you will be allowed to
speak after those who have been
scheduled. We will end the hearing after
everyone scheduled to speak and others
present in the audience who wish to
speak, have been heard.
Public Meeting
If there is only limited interest in
participating in a public hearing, we
may hold a public meeting rather than
a public hearing. If you wish to meet
with us to discuss the submission,
please request a meeting by contacting
the person listed under FOR FURTHER
INFORMATION CONTACT. All such meetings
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34963
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 of the proposed
amendment.
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.
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Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Proposed Rules
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.).
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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 analysis is
based on the nature of the proposed
amendment which does not impose
requirements on small entities.
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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, geographic
regions, or Federal, State or local
governmental agencies; 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 an analysis
of the proposed amendment which does
not impose new requirements on the
regulated industry.
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 submitted the
amendment on its own initiative.
List of Subjects in 30 CFR Part 938
Intergovernmental relations, Surface
mining, Underground mining.
Dated: February 23, 2010.
Thomas D. Shope,
Regional Director, Appalachian Region.
Editorial Note: This document was
received in the Office of the Federal Register
on June 16, 2010.
[FR Doc. 2010–14869 Filed 6–18–10; 8:45 am]
BILLING CODE 4310–05–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2010–0319; FRL–9164–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Amendment to
Consumer Products and Architectural
and Industrial Maintenance Coatings
Regulations
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to approve
a State Implementation Plan (SIP)
revision submitted by the
Commonwealth of Pennsylvania
concerning amendments to the
Pennsylvania Consumer Products and
Architectural and Industrial
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Maintenance Coatings Regulations. The
revision amends 25 Pa. Code Chapter
130, Subchapters B and C (relating to
consumer products and architectural
and industrial maintenance (AIM)
coatings) in order to reduce volatile
organic compounds (VOCs). This action
is being taken under the Clean Air Act
(CAA).
DATES: Written comments must be
received on or before July 21, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2010–0319 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail:
fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2010–0319,
Cristina Fernandez, Office of Air
Program Planning, Mailcode 3AP30,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2010–
0319. 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
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Agencies
[Federal Register Volume 75, Number 118 (Monday, June 21, 2010)]
[Proposed Rules]
[Pages 34962-34964]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14869]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 938
[PA-154-FOR; OSM 2010-0002]
Pennsylvania Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
-----------------------------------------------------------------------
SUMMARY: OSM is announcing the receipt of a proposed amendment to the
Pennsylvania regulatory program (the ``Pennsylvania program'') under
the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the
Act). The proposed amendment (Administrative Record Number PA 837.111)
consists of a recent statutory amendment to Pennsylvania's Coal Refuse
Disposal Control Act (CRDA), 52 Pennsylvania Statute Section 30.51 et
seq. Section 4.1(a) of the CRDA was amended by adding subsection (6) to
section 4.1(a), which added another category of sites to the list of
``preferred sites'' currently found in section 4.1.
This document gives the times and locations that the Pennsylvania
program and this submittal are available for your inspection, the
comment period during which you may submit written comments, and the
procedures that we will follow for the public hearing, if one is
requested.
DATES: We will accept written comments until 4 p.m., e.s.t. July 21,
2010. If requested, we will hold a public hearing on July 16, 2010. We
will accept requests to speak until 4 p.m., e.s.t. on July 6, 2010.
ADDRESSES: You may submit comments, identified by ``PA-154-FOR; Docket
ID: OSM-2010-0002'' by either of the following two methods:
Federal eRulemaking Portal: www.regulations.gov. The proposed rule
has been assigned Docket ID: OSM-2010-0002. If you would like to submit
comments through the Federal eRulemaking Portal, go to
www.regulations.gov and follow the instructions.
Mail/Hand Delivery/Courier: Mr. George Rieger, Chief, Pittsburgh
Field Division, Office of Surface Mining Reclamation and Enforcement,
Harrisburg Transportation Center, 415 Market St., Suite 304,
Harrisburg, PA 17101.
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
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 Pittsburgh Field Division Office.
George Rieger, Chief, Pittsburgh Field Division, Office of Surface
Mining Reclamation and Enforcement, Harrisburg Transportation Center,
415 Market St., Suite 304, Harrisburg, Pennsylvania 17101, Telephone
No. (717) 782-4036, E-mail: grieger@osmre.gov.
William S. Allen Jr., Acting Director, Bureau of Mining and
Reclamation, Pennsylvania Department of Environmental Protection,
Rachel Carson State Office Building, P.O. Box 8461, Harrisburg,
Pennsylvania 17105-8461, Telephone: (717) 787-5015, E-mail:
wallen@state.pa.us.
FOR FURTHER INFORMATION CONTACT: George Rieger, Telephone: (717) 782-
4036. E-mail: grieger@osmre.gov
SUPPLEMENTARY INFORMATION:
I. Background on the Pennsylvania Program
II. Description of the Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Pennsylvania 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 Pennsylvania program on July 30, 1982. You can find background
information on the Pennsylvania program, including the Secretary's
findings, the disposition of comments, and conditions of approval of
the Pennsylvania program in the July 30, 1982, Federal Register (47 FR
33050). You can also find later actions concerning the Pennsylvania
program and program amendments at 30
[[Page 34963]]
CFR 938.11, 938.12, 938.13, 938.15, and 938.16.
II. Description of the Amendment
By letter dated February 24, 2010, Pennsylvania sent us an
amendment to its program (Administrative Number PA 837.111) under SMCRA
(30 U.S.C. 1201 et seq.). Pennsylvania sent the amendment to include
changes made at its own initiative. The full text of the program
amendment is available for you to read at the locations listed above
under ADDRESSES.
Pennsylvania has proposed a revision (adding subsection (6)) that
would add another category of sites to the list of ``preferred sites
currently found in section 4.1, the site selection provision of the
CRDA.'' The proposed addition provides as follows:
Section 4.1. Site Selection
(a) Preferred sites shall be used for coal refuse disposal unless
the applicant demonstrates to the department another site is more
suitable based upon engineering, geology, economics, transportation
systems, and social factors and is not adverse to the public interest.
A preferred site is one of the following:
(1) A watershed polluted by acid mine drainage;
(2) A watershed containing an unreclaimed surface mine but which
has no mining discharge;
(3) A watershed containing an unreclaimed surface mine with
discharges that could be improved by the proposed coal refuse disposal
operation;
(4) Unreclaimed coal refuse disposal piles that could be improved
by the proposed coal refuse disposal operation;
(5) Other unreclaimed areas previously affected by mining
activities;
(6) An area adjacent to or an expansion of an existing coal refuse
disposal site.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether the submission satisfies the applicable program
approval criteria of 30 CFR 732.15. If we approve the amendment, it
will become part of the Pennsylvania program.
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 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 at any time. While you may
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. We will not consider anonymous comments.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., e.s.t. July 6,
2010. If you are disabled and need special accommodations to attend a
public hearing, contact the person listed under FOR FURTHER INFORMATION
CONTACT. We will arrange the location and time of the hearing with
those persons requesting the hearing. If no one requests an opportunity
to speak, we will not hold the hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at a public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone scheduled to
speak has been given an opportunity to be heard. If you are in the
audience and have not been scheduled to speak and wish to do so, you
will be allowed to speak after those who have been scheduled. We will
end the hearing after everyone scheduled to speak and others present in
the audience who wish to speak, have been heard.
Public Meeting
If there is only limited interest in participating in a public
hearing, we may hold a public meeting rather than a public hearing. If
you wish to meet with us to discuss the submission, 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 of the proposed amendment.
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.
[[Page 34964]]
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 under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
This analysis is based on the nature of the proposed amendment which
does not impose requirements on small entities.
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, geographic regions, or Federal, State or local governmental
agencies; 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 an analysis of the
proposed amendment which does not impose new requirements on the
regulated industry.
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
submitted the amendment on its own initiative.
List of Subjects in 30 CFR Part 938
Intergovernmental relations, Surface mining, Underground mining.
Dated: February 23, 2010.
Thomas D. Shope,
Regional Director, Appalachian Region.
Editorial Note: This document was received in the Office of the
Federal Register on June 16, 2010.
[FR Doc. 2010-14869 Filed 6-18-10; 8:45 am]
BILLING CODE 4310-05-P