Technical Amendments 2010, 60272-60276 [2010-24371]

Download as PDF 60272 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Parts 740, 761, 773, 795, 816, 817, 840, 842, 870, and 884 RIN 1029–AC62 [Docket ID OSM–2010–0016] Technical Amendments 2010 Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Final rule. AGENCY: We, the Office of Surface Mining Reclamation and Enforcement (OSM), are making technical revisions to our regulations to correct various errors in citations, cross-references, and other inadvertent errors in publication. DATES: Effective Date: September 29, 2010. FOR FURTHER INFORMATION CONTACT: Andy DeVito, Office of Surface Mining Reclamation and Enforcement, South Interior Building MS–252, 1951 Constitution Avenue, NW., Washington, DC 20240; Telephone (202) 208–2701; email: adevito@osmre.gov. SUPPLEMENTARY INFORMATION: SUMMARY: erowe on DSK5CLS3C1PROD with RULES4 I. Discussion of Final Rule We are making non-substantive revisions to our regulations to correct errors in citations, cross-references, and other inadvertent errors in drafting. OSM’s regulations are located in title 30 of the Code of Federal Regulations (CFR). The regulations may be viewed on the Internet at: http:// ecfr.gpoaccess.gov/cgi/t/text/textidx?sid=fbd21e91edb535fd 2b3baf6d4d181e1f&c=ecfr&tpl=/ ecfrbrowse/Title30/30cfrv3_02.tpl. Below is a section-by-section discussion of the revisions that we are making. Section 740.11—Applicability On January 31, 1997, at 62 FR 4836, we proposed a rule that would revise our Federal lands program regulations at 30 CFR 740.11. We intended to revise the introductory text to § 740.11(a). The amendatory language (instructions) for making those revisions and changing the CFR were published at 62 FR 4859 and correctly read as follows: In § 740.11, paragraph (a) introductory text is revised and paragraph (g) is added * * *. On December 17, 1999, at 64 FR 70766, we published the final rule revising the introductory text to § 740.11(a). However, there was an error in the amendatory language published at 64 FR 70831. The words ‘‘introductory text,’’ which had been VerDate Mar<15>2010 15:33 Sep 28, 2010 Jkt 220001 used in the proposed rule, were inadvertently dropped with the result that paragraphs (a)(1) and (a)(2) of § 740.11 were unintentionally deleted.1 To correct that error, we are reinstating paragraphs (a)(1) and (a)(2). Paragraph (a) introductory text, which is currently in the CFR, and reinstated paragraphs (a)(1) and (a)(2) will reads as follows: (a) Except as provided in paragraph (g) of this section, both this subchapter and the pertinent State or Federal regulatory program in subchapter T of this chapter apply to: (1) Coal exploration operations on Federal lands not subject to 43 CFR parts 3400, and (2) Surface coal mining and reclamation operations taking place on any Federal lands as defined in 30 CFR 700.5, and lands (except Indian lands) over leased or unleased Federal minerals. Section 761.16—Submission and processing of requests for valid existing rights determinations On December 19, 2000, at 65 FR 79582, 79663, we revised our regulations and redesignated § 773.13 as § 773.6. In paragraph (g) of § 761.16, we cross-reference § 773.13(d). Because of the redesignation published on December 19, 2000, the cross reference to § 773.13(d) should have been changed to § 773.6(d). To correct that error, we are changing the cross-reference in § 761.16(g) from § 773.13(d) to § 773.6(d). Section 773.6—Public participation in permit processing On December 17, 1999, at 64 FR 70766, we revised our regulations in 30 CFR Part 761. As a result of the revisions, certain cross-references changed. At the time of the 1999 revision, § 773.13(c)(4), later redesignated as § 773.6(c)(4), crossreferenced § 761.12(d). In the 1999 revision, the provisions in § 761.12(d) were revised and incorporated into § 761.14 at paragraph (c). Consequently, the cross-reference in § 773.13(c)(4) should have been changed from § 761.12(d) to § 761.14(c). To correct this error, we are changing the crossreference in § 773.6(c)(4) from § 761.12(d) to § 761.14(c). In addition, two typographical errors are being corrected in § 773.6(c)(4). The word ‘‘conference’’ is being removed and the word ‘‘conferences’’ is being added in its place, and the word ‘‘accordances’’ is being removed and the word ‘‘accordance’’ is being added in its place. 1 The erroneous instructions read as follows: In § 740.11, paragraph (a) is revised and paragraph (g) is added to read as follows. PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 Section 773.9—Review of applicant, operator, and ownership and control information The section heading for § 773.9 currently reads as follows: Review of applicant, operator, and ownership and control information. On December 3, 2007, at 72 FR 68000, 68029, we published revisions to § 773.9. We intended to revise the section heading and paragraph (a) of § 773.9. The revised section heading was correctly printed in the Federal Register on December 3, 2007, and read as follows: Review of applicant and operator information. However, in the amendatory instructions, we failed to instruct the Office of the Federal Register to revise the section heading. Because of that omission, the section heading was never changed in the CFR. To correct that error, we are revising the section heading to read as follows: Review of applicant and operator information. Section 773.22—Notice requirements for improvidently issued permits On December 19, 2000, at 65 FR 79582, 79665, we revised § 773.22(a) and in two locations in that paragraph, we intended to use the phrase ‘‘proposed suspension or rescission.’’ However, a typographical error occurred the second time the phrase was used and the phrase was worded as ‘‘proposed suspension of rescission.’’ We are correcting the error by removing the word ‘‘of’’ and adding the word ‘‘or’’ so that the phrase will now read as follows: proposed suspension or rescission. Section 795.4—Information collection In § 795.4, we are revising the last sentence to reflect a change in the mailing address where comments may be sent concerning the information collection requirements found in the regulations in part 795. Section 816.46—Hydrologic balance: Siltation structures On December 12, 2008, at 73 FR 75814, we published a final rule that would have removed paragraph (b)(2) of §§ 816.46 and 817.46. Those paragraphs required that all surface drainage from the disturbed area be passed through a siltation structure before leaving the permit area. In essence, that paragraph prescribed siltation structures (sedimentation ponds and other treatment facilities) as the best technology currently available for sediment control. Previously, however, paragraph (b)(2) was struck down upon judicial review because the court found that the preamble to the rulemaking in which it was adopted did not articulate a sufficient basis for the rule under the E:\FR\FM\29SER4.SGM 29SER4 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations Administrative Procedure Act. The court stated that the preamble did not adequately discuss the benefits and drawbacks of siltation structures and alternative sediment control methods and did not enable the court ‘‘to discern the path taken by [the Secretary of the Interior] in responding to commenters’ concerns’’ that siltation structures in the West are not the best technology currently available. See In re Permanent Surface Mining Regulation Litigation, 620 F. Supp. 1519, 1566–1568 (D.DC 1985). On November 20, 1986, at 51 FR 41961, we suspended the rules struck down by the court. To avoid any confusion that might result from the continuing publication of those rules in the CFR, we proposed to remove paragraph (b)(2) of §§ 816.46 and 817.46 and redesignate the remaining paragraphs of those sections accordingly. 72 FR 48890, 48907 (August 24, 2007). We received no comments opposing the proposal. Therefore, on December 12, 2008, at 73 FR 75883 and 75884, we published amendatory language with the intent to remove paragraph (b)(2) of §§ 816.46 and 817.46. In the amendatory language, however, we failed to use the words ‘‘lift the suspension’’ prior to directing the removal of paragraph (b)(2). Because a suspension must be lifted before any action may be taken on a suspended section or paragraph, the amendatory language that we used was insufficient to remove paragraph (b)(2) and redesignate paragraphs (b)(3) through (b)(6) as (b)(2) through (b)(5), respectively. In order to correct that error, we are publishing amendatory language that will lift the suspension and remove paragraph (b)(2) of §§ 816.46 and 817.46 and redesignate paragraphs (b)(3) through (b)(6) as (b)(2) through (b)(5), respectively. erowe on DSK5CLS3C1PROD with RULES4 Section 817.15—Casing and sealing of underground openings: Permanent On September 18, 1978, at 43 FR 41662, 41900, we published a proposed rule which cross-referenced the regulations of the Mine Safety and Health Administration at 30 CFR 75.1711. When the final regulations were issued on March 13, 1979, at 44 FR 14902, 15423, a typographical error occurred and the citation was changed to 30 CFR 75.1771, which does not exist. In order to correct the error, we are revising 30 CFR 817.15 by removing ‘‘30 CFR 75.1771’’ and adding in its place ‘‘30 CFR 75.1711,’’ which governs the sealing of mines. VerDate Mar<15>2010 15:33 Sep 28, 2010 Jkt 220001 60273 Section 817.46—Hydrologic balance: Siltation structures Section 870.20—How to calculate excess moisture in LOW-rank coals See the discussion above under the heading ‘‘Section 816.46—Hydrologic balance: Siltation structures.’’ In § 870.20, we are revising the sixth sentence of the introductory text to reflect a change in the OSM address where a copy of the ASTM standards, incorporated by reference, is available for inspection. Section 840.10—Information collection In § 840.10, we are revising the last sentence to reflect a change in the mailing address where comments may be sent concerning the information collection requirements found in the regulations in part 840. Section 840.13—Enforcement authority Section 840.13(b) contains a crossreference to § 843.23, which does not exist. On September 6, 1991, OSM had proposed to add a § 843.23, which would have provided for sanctions for knowing omissions or inaccuracies in ownership or control and violation information in permit applications. 56 FR 45780, 45804. However, in the final rule published on October 28, 1994, OSM chose not to adopt § 843.23. 59 FR 54329. The cross-reference, however, was not deleted from § 840.13(b), where it had been added in anticipation of the adoption of § 843.23. 59 FR 54312. Because § 843.23 has never been adopted, we are revising § 840.13(b) by removing the cross-reference to § 843.23. Section 884.13—Content of proposed State reclamation plan Section 884.13 specifies what is required in a proposed State reclamation plan. In paragraph (b), we intended to require the submission of a legal opinion from the State Attorney General or the chief legal officer of the State agency stating that the designated agency has the authority under State law to conduct the program in accordance with the requirements of Title IV of the Act. When the final rule was published on June 30, 1982, at 47 FR 28574, 28600, a typographical error occurred and the word ‘‘on’’ was used instead of the word ‘‘or’’ with the result that the paragraph reads ‘‘opinion from the State Attorney General on the chief legal officer of the State agency.’’ To correct that error, we are removing the word ‘‘on’’ and adding in its place the word ‘‘or’’. The authority for requiring the submission of a legal opinion is found in section 405(e) of SMCRA, 30 U.S.C. 1235(e). Section 842.11—Federal inspections and monitoring II. Procedural Matters On July 14, 1988, at 53 FR 26728, we revised section § 842.11. Two typographical errors occurred. First, in paragraph (b)(1)(ii)(B)(1), we intended to cross-reference paragraph (b)(1)(iii) but mistakenly typed (b)(i)(iii), which does not exist. It is clear from the preamble discussion at 53 FR 26732 that the correct cross-reference should be (b)(1)(iii). Therefore, we are deleting the reference to (b)(i)(iii) and adding in its place (b)(1)(iii). Second, a typographical error occurred in paragraph (b)(1)(ii)(B)(4)(iv) where we use the words ‘‘section 525(c) or 525(c).’’ As is clear from the preamble discussion at 53 FR 26735, we had intended to specify ‘‘section 525(c) or 526(c).’’ Therefore, we are removing the words ‘‘section 525(c) or 525(c)’’ and adding in their place the words ‘‘section 525(c) or 526(c)’’. Section 525(c) of SMCRA, 30 U.S.C. 1275(c), deals with the granting of temporary relief by the Secretary of the Interior, and section 526(c) of SMCRA, 30 U.S.C. 1276(c), deals with the granting of temporary relief by a court. This final rule has been issued without prior public notice or opportunity for public comment. The Administrative Procedure Act (APA) (5 U.S.C. 553) provides an exception to the notice and comment procedures when an agency finds that there is good cause for dispensing with such procedures on the basis that they are impracticable, unnecessary, or contrary to the public interest. OSM has determined that, under 5 U.S.C. 553(b)(3)(B), good cause exists for dispensing with the notice of proposed rulemaking and public comment procedures for this rule. Specifically, OSM has determined that notice and comment is unnecessary for this rule because the rule is comprised of technical, non-substantive amendments. As discussed above, this rule corrects obvious errors in the CFR, and OSM’s true intentions are readily ascertained in the relevant rulemaking documents. Finally, this rule does not impose any new regulatory requirements. For the same reasons, we find that good cause exists under 5 U.S.C. 553(d)(3) of the APA to have the regulation become effective on a date PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 Administrative Procedure Act E:\FR\FM\29SER4.SGM 29SER4 60274 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations that is less than 30 days after the date of publication in the Federal Register. Executive Order 12866 This rule is not a significant rule and is not subject to review by the Office of Management and Budget under Executive Order 12866. As previously stated, this rule corrects errors in the CFR and does not impose any new regulatory requirements. For these reasons, we find that: (1) This rule will not have an effect of $100 million or more on the economy. It will not adversely affect in a material way the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities. (2) This rule will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency for the reasons stated above. (3) This rule does not alter the budgetary effects of entitlements, grants, user fees, or loan programs or the rights or obligations of their recipients. (4) This rule does not raise novel legal or policy issues for the reasons stated above. 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.). As previously stated, the rule corrects errors in the CFR and does not impose any new regulatory requirements. erowe on DSK5CLS3C1PROD with RULES4 Small Business Regulatory Enforcement Fairness Act For the reasons previously stated, this rule is not considered a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This rule: (1) Will not have an annual effect on the economy of $100 million. (2) Will not cause a major increase in costs or prices for consumers, individual industries, Federal, state, or local government agencies, or geographic regions because the rule does not impose new requirements on the coal mining industry or consumers. (3) Will not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S. based enterprises to compete with foreign-based enterprises. Unfunded Mandates Reform Act This rule does not impose an unfunded mandate on State, local, or tribal governments or the private sector VerDate Mar<15>2010 15:33 Sep 28, 2010 Jkt 220001 of more than $100 million per year. The rule does not have a significant or unique effect on State, local, or tribal governments or the private sector. As previously stated, the rule corrects errors in the CFR and does not impose any new OSM regulatory requirements. A statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required. Federal Paperwork Reduction Act This rule does not contain collections of information that require approval by the Office of Management and Budget under 44 U.S.C. 3501 et seq. National Environmental Policy Act This rule does not constitute a major Federal action significantly affecting the quality of the human environment. A detailed statement under the National Environmental Policy Act of 1969 is not required because the rule is covered by the categorical exclusion listed in the Department of the Interior regulations at 43 CFR 46.210(i). That categorical exclusion covers policies, directives, regulations, and guidelines that are of an administrative, financial, legal, technical, or procedural nature. For the reasons discussed above, the amendments in this rule are administrative, technical, and/or procedural in nature, and, therefore, fall within the contours of the categorical exclusion. We have also determined that the rule does not involve any of the extraordinary circumstances listed in 43 CFR 46.215 that would require further analysis under the National Environmental Policy Act. Executive Order 12988 on Civil Justice Reform This rule complies with the requirements of Executive Order 12988. Specifically, this rule: (a) Meets the criteria of section 3(a) requiring that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and (b) Meets the criteria of section 3(b)(2) requiring that all regulations be written in clear language and contain clear legal standards. Executive Order 13211—Regulations That Significantly Affect the Supply, Distribution, or Use of Energy Executive Order 13211 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 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 this rule is not considered significant 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. 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 proposed revisions would not have substantial direct effects 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. As previously stated, this rule corrects errors in the CFR and does not impose any new regulatory requirements. Executive Order 12630—Takings Under the criteria in Executive Order 12630, this rule does not have significant takings implications; therefore, a takings implication assessment is not required. This determination is based on the fact that the rule corrects errors in the CFR and does not impose any new regulatory requirements. Executive Order 13132—Federalism This rule does not have Federalism implications. For the reasons previously stated, it will not have ‘‘substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ Data Quality Act In developing this rule, we did not conduct or use a study, experiment, or survey requiring peer review under the Data Quality Act (Pub. L. 106–554). Effect in Federal Program States, Primacy States, and on Indian Lands The rule will apply through crossreferencing to the following Federal program states: California, Georgia, Idaho, Massachusetts, Michigan, North Carolina, Oregon, Rhode Island, South Dakota, Tennessee, and Washington. The Federal programs for these States appear at 30 CFR Parts 905, 910, 912, 921, 922, 933, 937, 939, 941, 942, and 947, respectively. The rule also applies through cross-referencing to Indian lands under the Federal program for Indian lands as provided in 30 CFR Part 750. Because the rule is comprised of E:\FR\FM\29SER4.SGM 29SER4 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations technical, non-substantive amendments and does not impose any new regulatory requirements, States with approved regulatory programs will not be required to amend their programs. List of Subjects PART 740—GENERAL REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS ON FEDERAL LANDS 1. The authority citation for Part 740 continues to read as follows: ■ Authority: 30 U.S.C. 1201 et seq. and 30 U.S.C. 181 et seq. 30 CFR 740 Public lands-mineral resources, Reporting and recordkeeping requirements, Surety bonds, Surface mining, Underground mining. 2. In § 740.11, add paragraphs (a)(1) and (a)(2) to read as follows: 60275 § 773.22 Notice requirements for improvidently issued permits. (a) We, the regulatory authority, must serve you, the permittee, with a written notice of proposed suspension or rescission, together with a statement of the reasons for the proposed suspension or rescission, if— * * * * * ■ § 740.11 30 CFR 773 Administrative practice and procedure, Reporting and recordingkeeping requirements, Surface mining, Underground mining. 30 CFR 795 Grant programs-natural resources, Reporting and recordkeeping requirements, Small businesses, Surface Mining, Technical Assistance, Underground mining. 30 CFR Part 816 Environmental protection, Reporting and recordkeeping requirements, Surface mining. PART 761—AREAS DESIGNATED BY ACT OF CONGRESS 3. The authority citation for Part 761 continues to read as follows: ■ Authority: 30 U.S.C. 1201 et seq. § 761.16 30 CFR Part 817 Environmental protection, Reporting and recordkeeping requirements, Underground mining. Applicability. (a) * * * (1) Coal exploration operations on Federal lands not subject to 43 CFR part 3400, and (2) Surface coal mining and reclamation operations taking place on any Federal lands as defined in § 700.5 of this chapter, and lands (except Indian lands) over leased or unleased Federal minerals. * * * * * [Amended] 4. In paragraph (g) of § 761.16, remove the citation ‘‘§ 773.13(d)’’ and add in its place the citation ‘‘§ 773.6(d)’’. ■ PART 773—REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING 30 CFR Part 840 Intergovernmental relations, Reporting and recordkeeping requirements, Surface mining, Underground mining. 5. The authority citation for part 773 continues to read as follows: PART 795—PERMANENT REGULATORY PROGRAM—SMALL OPERATOR ASSISTANCE PROGRAM 9. The authority citation for Part 795 continues to read as follows: ■ Authority: 30 U.S.C. 1201 et seq. 10. In § 795.4, revise the last sentence to read as follows: ■ § 795.4 Information collection. * * * Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to the Office of Surface Mining Reclamation and Enforcement, Information Collection Clearance Officer (MS–202), 1951 Constitution Avenue, NW., Washington, DC 20240. PART 816—PERMANENT PROGRAM PERFORMANCE STANDARDS— SURFACE MINING ACTIVITIES 11. The authority citation for Part 816 continues to read as follows: ■ Authority: 30 U.S.C. 1201 et seq. ■ § 816.46 [Amended] 30 CFR Part 842 Law enforcement, Surface mining, Underground mining. Authority: 30 U.S.C. 1201 et seq., 16 U.S.C. 470 et seq., 16 U.S.C. 661 et seq., 16 U.S.C. 703 et seq., 16 U.S.C. 668a et seq., 16 U.S.C. 469 et seq., and 16 U.S.C. 1531 et seq. ■ 12. In § 816.46, lift the suspension of paragraph (b)(2), remove paragraph (b)(2), and redesignate paragraphs (b)(3) through (b)(6) as (b)(2) through (b)(5), respectively. § 773.6 Public participation in permit processing. PART 817—PERMANENT PROGRAM PERFORMANCE STANDARDS— UNDERGROUND MINING ACTIVITIES 6. In § 773.6, revise paragraph (c)(4) to read as follows: 30 CFR Part 870 Reporting and recordkeeping requirements, Surface mining, Underground mining. * * * * (c) * * * (4) Informal conferences held in accordance with this section may be used by the regulatory authority as the public hearing required under § 761.14(c) of this chapter on proposed relocation or closing of public roads. * * * * * ■ 7. In § 773.9, revise the section heading to read as follows: * 30 CFR Part 884 erowe on DSK5CLS3C1PROD with RULES4 Grant programs-natural resources, Reporting and recordkeeping requirements, Surface mining, Underground mining. Dated: September 21, 2010. Sylvia V. Baca, Deputy Assistant Secretary, Land and Minerals Management. For the reasons set forth in the preamble, we are amending 30 CFR Parts 740, 761, 773, 795, 816, 817, 840, 842, 870, and 884 as set forth below. ■ VerDate Mar<15>2010 15:33 Sep 28, 2010 Jkt 220001 ■ § 773.9 Review of applicant and operator information. * * * * * 8. In § 773.22, revise paragraph (a) introductory text to read as follows: ■ PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 13. The authority citation for Part 817 continues to read as follows: ■ Authority: 30 U.S.C. 1201 et seq. § 817.15 [Amended] 14. In § 817.15, remove the citation ‘‘30 CFR 75.1771’’ and add in its place the citation ‘‘30 CFR 75.1711’’. ■ § 817.46 [Amended] 15. In § 817.46, lift the suspension of paragraph (b)(2), remove paragraph (b)(2), and redesignate paragraphs (b)(3) through (b)(6) as (b)(2) through (b)(5), respectively. ■ E:\FR\FM\29SER4.SGM 29SER4 60276 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations PART 842—FEDERAL INSPECTIONS AND MONITORING PART 840—STATE REGULATORY AUTHORITY; INSPECTION AND ENFORCEMENT 16. The authority citation for Part 840 continues to read as follows: ■ Authority: 30 U.S.C. 1201 et seq. Authority: 30 U.S.C. 1201 et seq., unless otherwise noted. § 842.11 17. In § 840.10, revise the last sentence of paragraph (b) to read as follows: ■ § 840.10 Information collection. Enforcement authority. erowe on DSK5CLS3C1PROD with RULES4 * * * * (b) The enforcement provisions of each State program shall contain sanctions which are no less stringent than those set forth in section 521 of the Act and shall be consistent with §§ 843.11, 843.12, 843.13, and subchapters G and J of this chapter. * * * * * VerDate Mar<15>2010 15:33 Sep 28, 2010 Jkt 220001 20. Amend § 842.11 as follows: a. Amend paragraph (b)(1)(ii)(B)(1) by removing the reference ‘‘(b)(i)(iii)’’ and adding in its place ‘‘(b)(1)(iii)’’, and ■ b. Amend paragraph (b)(1)(ii)(B)(4) by indenting each subparagraph (i) through (iv) and capitalizing the first words of each, and in paragraph (b)(1)(ii)(B)(4)(iv) by removing the words ‘‘section 525(c) or 525(c)’’ and adding in their place the words ‘‘section 525(c) or 526(c)’’. ■ * * * * (b) * * * Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to the Information Collection Clearance Officer (MS–202), 1951 Constitution Ave, NW., Washington, DC 20240. ■ 18. In § 840.13, revise paragraph (b) to read as follows: * [Amended] ■ * § 840.13 19. The authority citation for Part 842 continues to read as follows: ■ PART 870—ABANDONED MINE RECLAMATION FUND—FEE COLLECTION AND COAL PRODUCTION REPORTING 21. The authority citation for Part 870 continues to read as follows: ■ Authority: 28 U.S.C. 1746, 30 U.S.C. 1201 et seq. and Pub. L. 105–277. 22. In § 870.20, revise the sixth sentence of the introductory text to read as follows: ■ PO 00000 Frm 00006 Fmt 4701 Sfmt 9990 § 870.20 How to calculate excess moisture in LOW-rank coals. * * * A copy of the ASTM standards is available for inspection at the Office of Surface Mining Reclamation and Enforcement, Administrative Record, Room 101, 1951 Constitution Avenue, NW., Washington, DC, or at the National Archives and Records Administration (NARA). * * * * * * * * PART 884—STATE RECLAMATION PLANS 23. The authority citation for Part 884 continues to read as follows: ■ Authority: 30 U.S.C. 1201 et seq. 24. In § 884.13, revise paragraph (b) to read as follows: ■ § 884.13 Content of proposed State reclamation plan. * * * * * (b) A legal opinion from the State Attorney General or the chief legal officer of the State agency that the designated agency has the authority under State law to conduct the program in accordance with the requirements of Title IV of the Act. * * * * * [FR Doc. 2010–24371 Filed 9–28–10; 8:45 am] BILLING CODE 4310–05–P E:\FR\FM\29SER4.SGM 29SER4

Agencies

[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Rules and Regulations]
[Pages 60272-60276]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24371]



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Part VI





Department of the Interior





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Office of Surface Mining Reclamation and Enforcement



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30 CFR Parts 740, 761, 773, et al.



Technical Amendments 2010; Final Rule

Federal Register / Vol. 75 , No. 188 / Wednesday, September 29, 2010 
/ Rules and Regulations

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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Parts 740, 761, 773, 795, 816, 817, 840, 842, 870, and 884

RIN 1029-AC62
[Docket ID OSM-2010-0016]


Technical Amendments 2010

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Final rule.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are making technical revisions to our regulations to correct 
various errors in citations, cross-references, and other inadvertent 
errors in publication.

DATES: Effective Date: September 29, 2010.

FOR FURTHER INFORMATION CONTACT: Andy DeVito, Office of Surface Mining 
Reclamation and Enforcement, South Interior Building MS-252, 1951 
Constitution Avenue, NW., Washington, DC 20240; Telephone (202) 208-
2701; e-mail: adevito@osmre.gov.

SUPPLEMENTARY INFORMATION: 

I. Discussion of Final Rule

    We are making non-substantive revisions to our regulations to 
correct errors in citations, cross-references, and other inadvertent 
errors in drafting. OSM's regulations are located in title 30 of the 
Code of Federal Regulations (CFR). The regulations may be viewed on the 
Internet at: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?sid=fbd21e91edb535fd2b3baf6d4d181e1f&c=ecfr&tpl=/ecfrbrowse/Title30/30cfrv3_02.tpl. Below is a section-by-section discussion of 
the revisions that we are making.

Section 740.11--Applicability

    On January 31, 1997, at 62 FR 4836, we proposed a rule that would 
revise our Federal lands program regulations at 30 CFR 740.11. We 
intended to revise the introductory text to Sec.  740.11(a). The 
amendatory language (instructions) for making those revisions and 
changing the CFR were published at 62 FR 4859 and correctly read as 
follows: In Sec.  740.11, paragraph (a) introductory text is revised 
and paragraph (g) is added * * *. On December 17, 1999, at 64 FR 70766, 
we published the final rule revising the introductory text to Sec.  
740.11(a). However, there was an error in the amendatory language 
published at 64 FR 70831. The words ``introductory text,'' which had 
been used in the proposed rule, were inadvertently dropped with the 
result that paragraphs (a)(1) and (a)(2) of Sec.  740.11 were 
unintentionally deleted.\1\ To correct that error, we are reinstating 
paragraphs (a)(1) and (a)(2). Paragraph (a) introductory text, which is 
currently in the CFR, and reinstated paragraphs (a)(1) and (a)(2) will 
reads as follows:
---------------------------------------------------------------------------

    \1\ The erroneous instructions read as follows: In Sec.  740.11, 
paragraph (a) is revised and paragraph (g) is added to read as 
follows.

    (a) Except as provided in paragraph (g) of this section, both 
this subchapter and the pertinent State or Federal regulatory 
program in subchapter T of this chapter apply to:
    (1) Coal exploration operations on Federal lands not subject to 
43 CFR parts 3400, and
    (2) Surface coal mining and reclamation operations taking place 
on any Federal lands as defined in 30 CFR 700.5, and lands (except 
Indian lands) over leased or unleased Federal minerals.

Section 761.16--Submission and processing of requests for valid 
existing rights determinations

    On December 19, 2000, at 65 FR 79582, 79663, we revised our 
regulations and redesignated Sec.  773.13 as Sec.  773.6. In paragraph 
(g) of Sec.  761.16, we cross-reference Sec.  773.13(d). Because of the 
redesignation published on December 19, 2000, the cross reference to 
Sec.  773.13(d) should have been changed to Sec.  773.6(d). To correct 
that error, we are changing the cross-reference in Sec.  761.16(g) from 
Sec.  773.13(d) to Sec.  773.6(d).

Section 773.6--Public participation in permit processing

    On December 17, 1999, at 64 FR 70766, we revised our regulations in 
30 CFR Part 761. As a result of the revisions, certain cross-references 
changed. At the time of the 1999 revision, Sec.  773.13(c)(4), later 
redesignated as Sec.  773.6(c)(4), cross-referenced Sec.  761.12(d). In 
the 1999 revision, the provisions in Sec.  761.12(d) were revised and 
incorporated into Sec.  761.14 at paragraph (c). Consequently, the 
cross-reference in Sec.  773.13(c)(4) should have been changed from 
Sec.  761.12(d) to Sec.  761.14(c). To correct this error, we are 
changing the cross-reference in Sec.  773.6(c)(4) from Sec.  761.12(d) 
to Sec.  761.14(c). In addition, two typographical errors are being 
corrected in Sec.  773.6(c)(4). The word ``conference'' is being 
removed and the word ``conferences'' is being added in its place, and 
the word ``accordances'' is being removed and the word ``accordance'' 
is being added in its place.

Section 773.9--Review of applicant, operator, and ownership and control 
information

    The section heading for Sec.  773.9 currently reads as follows: 
Review of applicant, operator, and ownership and control information. 
On December 3, 2007, at 72 FR 68000, 68029, we published revisions to 
Sec.  773.9. We intended to revise the section heading and paragraph 
(a) of Sec.  773.9. The revised section heading was correctly printed 
in the Federal Register on December 3, 2007, and read as follows: 
Review of applicant and operator information. However, in the 
amendatory instructions, we failed to instruct the Office of the 
Federal Register to revise the section heading. Because of that 
omission, the section heading was never changed in the CFR. To correct 
that error, we are revising the section heading to read as follows: 
Review of applicant and operator information.

Section 773.22--Notice requirements for improvidently issued permits

    On December 19, 2000, at 65 FR 79582, 79665, we revised Sec.  
773.22(a) and in two locations in that paragraph, we intended to use 
the phrase ``proposed suspension or rescission.'' However, a 
typographical error occurred the second time the phrase was used and 
the phrase was worded as ``proposed suspension of rescission.'' We are 
correcting the error by removing the word ``of'' and adding the word 
``or'' so that the phrase will now read as follows: proposed suspension 
or rescission.

Section 795.4--Information collection

    In Sec.  795.4, we are revising the last sentence to reflect a 
change in the mailing address where comments may be sent concerning the 
information collection requirements found in the regulations in part 
795.

Section 816.46--Hydrologic balance: Siltation structures

    On December 12, 2008, at 73 FR 75814, we published a final rule 
that would have removed paragraph (b)(2) of Sec. Sec.  816.46 and 
817.46. Those paragraphs required that all surface drainage from the 
disturbed area be passed through a siltation structure before leaving 
the permit area. In essence, that paragraph prescribed siltation 
structures (sedimentation ponds and other treatment facilities) as the 
best technology currently available for sediment control. Previously, 
however, paragraph (b)(2) was struck down upon judicial review because 
the court found that the preamble to the rulemaking in which it was 
adopted did not articulate a sufficient basis for the rule under the

[[Page 60273]]

Administrative Procedure Act. The court stated that the preamble did 
not adequately discuss the benefits and drawbacks of siltation 
structures and alternative sediment control methods and did not enable 
the court ``to discern the path taken by [the Secretary of the 
Interior] in responding to commenters' concerns'' that siltation 
structures in the West are not the best technology currently available. 
See In re Permanent Surface Mining Regulation Litigation, 620 F. Supp. 
1519, 1566-1568 (D.DC 1985).
    On November 20, 1986, at 51 FR 41961, we suspended the rules struck 
down by the court. To avoid any confusion that might result from the 
continuing publication of those rules in the CFR, we proposed to remove 
paragraph (b)(2) of Sec. Sec.  816.46 and 817.46 and redesignate the 
remaining paragraphs of those sections accordingly. 72 FR 48890, 48907 
(August 24, 2007).
    We received no comments opposing the proposal. Therefore, on 
December 12, 2008, at 73 FR 75883 and 75884, we published amendatory 
language with the intent to remove paragraph (b)(2) of Sec. Sec.  
816.46 and 817.46. In the amendatory language, however, we failed to 
use the words ``lift the suspension'' prior to directing the removal of 
paragraph (b)(2). Because a suspension must be lifted before any action 
may be taken on a suspended section or paragraph, the amendatory 
language that we used was insufficient to remove paragraph (b)(2) and 
redesignate paragraphs (b)(3) through (b)(6) as (b)(2) through (b)(5), 
respectively. In order to correct that error, we are publishing 
amendatory language that will lift the suspension and remove paragraph 
(b)(2) of Sec. Sec.  816.46 and 817.46 and redesignate paragraphs 
(b)(3) through (b)(6) as (b)(2) through (b)(5), respectively.

Section 817.15--Casing and sealing of underground openings: Permanent

    On September 18, 1978, at 43 FR 41662, 41900, we published a 
proposed rule which cross-referenced the regulations of the Mine Safety 
and Health Administration at 30 CFR 75.1711. When the final regulations 
were issued on March 13, 1979, at 44 FR 14902, 15423, a typographical 
error occurred and the citation was changed to 30 CFR 75.1771, which 
does not exist. In order to correct the error, we are revising 30 CFR 
817.15 by removing ``30 CFR 75.1771'' and adding in its place ``30 CFR 
75.1711,'' which governs the sealing of mines.

Section 817.46--Hydrologic balance: Siltation structures

    See the discussion above under the heading ``Section 816.46--
Hydrologic balance: Siltation structures.''

Section 840.10--Information collection

    In Sec.  840.10, we are revising the last sentence to reflect a 
change in the mailing address where comments may be sent concerning the 
information collection requirements found in the regulations in part 
840.

Section 840.13--Enforcement authority

    Section 840.13(b) contains a cross-reference to Sec.  843.23, which 
does not exist. On September 6, 1991, OSM had proposed to add a Sec.  
843.23, which would have provided for sanctions for knowing omissions 
or inaccuracies in ownership or control and violation information in 
permit applications. 56 FR 45780, 45804. However, in the final rule 
published on October 28, 1994, OSM chose not to adopt Sec.  843.23. 59 
FR 54329. The cross-reference, however, was not deleted from Sec.  
840.13(b), where it had been added in anticipation of the adoption of 
Sec.  843.23. 59 FR 54312. Because Sec.  843.23 has never been adopted, 
we are revising Sec.  840.13(b) by removing the cross-reference to 
Sec.  843.23.

Section 842.11--Federal inspections and monitoring

    On July 14, 1988, at 53 FR 26728, we revised section Sec.  842.11. 
Two typographical errors occurred. First, in paragraph 
(b)(1)(ii)(B)(1), we intended to cross-reference paragraph (b)(1)(iii) 
but mistakenly typed (b)(i)(iii), which does not exist. It is clear 
from the preamble discussion at 53 FR 26732 that the correct cross-
reference should be (b)(1)(iii). Therefore, we are deleting the 
reference to (b)(i)(iii) and adding in its place (b)(1)(iii).
    Second, a typographical error occurred in paragraph 
(b)(1)(ii)(B)(4)(iv) where we use the words ``section 525(c) or 
525(c).'' As is clear from the preamble discussion at 53 FR 26735, we 
had intended to specify ``section 525(c) or 526(c).'' Therefore, we are 
removing the words ``section 525(c) or 525(c)'' and adding in their 
place the words ``section 525(c) or 526(c)''. Section 525(c) of SMCRA, 
30 U.S.C. 1275(c), deals with the granting of temporary relief by the 
Secretary of the Interior, and section 526(c) of SMCRA, 30 U.S.C. 
1276(c), deals with the granting of temporary relief by a court.

Section 870.20--How to calculate excess moisture in LOW-rank coals

    In Sec.  870.20, we are revising the sixth sentence of the 
introductory text to reflect a change in the OSM address where a copy 
of the ASTM standards, incorporated by reference, is available for 
inspection.

Section 884.13--Content of proposed State reclamation plan

    Section 884.13 specifies what is required in a proposed State 
reclamation plan. In paragraph (b), we intended to require the 
submission of a legal opinion from the State Attorney General or the 
chief legal officer of the State agency stating that the designated 
agency has the authority under State law to conduct the program in 
accordance with the requirements of Title IV of the Act. When the final 
rule was published on June 30, 1982, at 47 FR 28574, 28600, a 
typographical error occurred and the word ``on'' was used instead of 
the word ``or'' with the result that the paragraph reads ``opinion from 
the State Attorney General on the chief legal officer of the State 
agency.'' To correct that error, we are removing the word ``on'' and 
adding in its place the word ``or''. The authority for requiring the 
submission of a legal opinion is found in section 405(e) of SMCRA, 30 
U.S.C. 1235(e).

II. Procedural Matters

Administrative Procedure Act

    This final rule has been issued without prior public notice or 
opportunity for public comment. The Administrative Procedure Act (APA) 
(5 U.S.C. 553) provides an exception to the notice and comment 
procedures when an agency finds that there is good cause for dispensing 
with such procedures on the basis that they are impracticable, 
unnecessary, or contrary to the public interest. OSM has determined 
that, under 5 U.S.C. 553(b)(3)(B), good cause exists for dispensing 
with the notice of proposed rulemaking and public comment procedures 
for this rule. Specifically, OSM has determined that notice and comment 
is unnecessary for this rule because the rule is comprised of 
technical, non-substantive amendments. As discussed above, this rule 
corrects obvious errors in the CFR, and OSM's true intentions are 
readily ascertained in the relevant rulemaking documents. Finally, this 
rule does not impose any new regulatory requirements. For the same 
reasons, we find that good cause exists under 5 U.S.C. 553(d)(3) of the 
APA to have the regulation become effective on a date

[[Page 60274]]

that is less than 30 days after the date of publication in the Federal 
Register.

Executive Order 12866

    This rule is not a significant rule and is not subject to review by 
the Office of Management and Budget under Executive Order 12866. As 
previously stated, this rule corrects errors in the CFR and does not 
impose any new regulatory requirements. For these reasons, we find 
that:
    (1) This rule will not have an effect of $100 million or more on 
the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency for the 
reasons stated above.
    (3) This rule does not alter the budgetary effects of entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients.
    (4) This rule does not raise novel legal or policy issues for the 
reasons stated above.

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.). 
As previously stated, the rule corrects errors in the CFR and does not 
impose any new regulatory requirements.

Small Business Regulatory Enforcement Fairness Act

    For the reasons previously stated, this rule is not considered a 
major rule under 5 U.S.C. 804(2), the Small Business Regulatory 
Enforcement Fairness Act. This rule:
    (1) Will not have an annual effect on the economy of $100 million.
    (2) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, state, or local government 
agencies, or geographic regions because the rule does not impose new 
requirements on the coal mining industry or consumers.
    (3) Will not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S. based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
local, or tribal governments or the private sector. As previously 
stated, the rule corrects errors in the CFR and does not impose any new 
OSM regulatory requirements. A statement containing the information 
required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is 
not required.

Federal Paperwork Reduction Act

    This rule does not contain collections of information that require 
approval by the Office of Management and Budget under 44 U.S.C. 3501 et 
seq.

National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 is not required 
because the rule is covered by the categorical exclusion listed in the 
Department of the Interior regulations at 43 CFR 46.210(i). That 
categorical exclusion covers policies, directives, regulations, and 
guidelines that are of an administrative, financial, legal, technical, 
or procedural nature. For the reasons discussed above, the amendments 
in this rule are administrative, technical, and/or procedural in 
nature, and, therefore, fall within the contours of the categorical 
exclusion. We have also determined that the rule does not involve any 
of the extraordinary circumstances listed in 43 CFR 46.215 that would 
require further analysis under the National Environmental Policy Act.

Executive Order 12988 on Civil Justice Reform

    This rule complies with the requirements of Executive Order 12988. 
Specifically, this rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

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

    Executive Order 13211 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 not considered significant 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.

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 proposed revisions would not have 
substantial direct effects 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. As 
previously stated, this rule corrects errors in the CFR and does not 
impose any new regulatory requirements.

Executive Order 12630--Takings

    Under the criteria in Executive Order 12630, this rule does not 
have significant takings implications; therefore, a takings implication 
assessment is not required. This determination is based on the fact 
that the rule corrects errors in the CFR and does not impose any new 
regulatory requirements.

Executive Order 13132--Federalism

    This rule does not have Federalism implications. For the reasons 
previously stated, it will not have ``substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government.''

Data Quality Act

    In developing this rule, we did not conduct or use a study, 
experiment, or survey requiring peer review under the Data Quality Act 
(Pub. L. 106-554).

Effect in Federal Program States, Primacy States, and on Indian Lands

    The rule will apply through cross-referencing to the following 
Federal program states: California, Georgia, Idaho, Massachusetts, 
Michigan, North Carolina, Oregon, Rhode Island, South Dakota, 
Tennessee, and Washington. The Federal programs for these States appear 
at 30 CFR Parts 905, 910, 912, 921, 922, 933, 937, 939, 941, 942, and 
947, respectively. The rule also applies through cross-referencing to 
Indian lands under the Federal program for Indian lands as provided in 
30 CFR Part 750. Because the rule is comprised of

[[Page 60275]]

technical, non-substantive amendments and does not impose any new 
regulatory requirements, States with approved regulatory programs will 
not be required to amend their programs.

List of Subjects

30 CFR 740

    Public lands-mineral resources, Reporting and recordkeeping 
requirements, Surety bonds, Surface mining, Underground mining.

30 CFR 773

    Administrative practice and procedure, Reporting and 
recordingkeeping requirements, Surface mining, Underground mining.

30 CFR 795

    Grant programs-natural resources, Reporting and recordkeeping 
requirements, Small businesses, Surface Mining, Technical Assistance, 
Underground mining.

30 CFR Part 816

    Environmental protection, Reporting and recordkeeping requirements, 
Surface mining.

30 CFR Part 817

    Environmental protection, Reporting and recordkeeping requirements, 
Underground mining.

30 CFR Part 840

    Intergovernmental relations, Reporting and recordkeeping 
requirements, Surface mining, Underground mining.

30 CFR Part 842

    Law enforcement, Surface mining, Underground mining.

30 CFR Part 870

    Reporting and recordkeeping requirements, Surface mining, 
Underground mining.

30 CFR Part 884

    Grant programs-natural resources, Reporting and recordkeeping 
requirements, Surface mining, Underground mining.

    Dated: September 21, 2010.
Sylvia V. Baca,
Deputy Assistant Secretary, Land and Minerals Management.

0
For the reasons set forth in the preamble, we are amending 30 CFR Parts 
740, 761, 773, 795, 816, 817, 840, 842, 870, and 884 as set forth 
below.

PART 740--GENERAL REQUIREMENTS FOR SURFACE COAL MINING AND 
RECLAMATION OPERATIONS ON FEDERAL LANDS

0
1. The authority citation for Part 740 continues to read as follows:

    Authority:  30 U.S.C. 1201 et seq. and 30 U.S.C. 181 et seq.


0
2. In Sec.  740.11, add paragraphs (a)(1) and (a)(2) to read as 
follows:


Sec.  740.11  Applicability.

    (a) * * *
    (1) Coal exploration operations on Federal lands not subject to 43 
CFR part 3400, and
    (2) Surface coal mining and reclamation operations taking place on 
any Federal lands as defined in Sec.  700.5 of this chapter, and lands 
(except Indian lands) over leased or unleased Federal minerals.
* * * * *

PART 761--AREAS DESIGNATED BY ACT OF CONGRESS

0
3. The authority citation for Part 761 continues to read as follows:

    Authority:  30 U.S.C. 1201 et seq.


Sec.  761.16  [Amended]

0
4. In paragraph (g) of Sec.  761.16, remove the citation ``Sec.  
773.13(d)'' and add in its place the citation ``Sec.  773.6(d)''.

PART 773--REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING

0
5. The authority citation for part 773 continues to read as follows:

    Authority:  30 U.S.C. 1201 et seq., 16 U.S.C. 470 et seq., 16 
U.S.C. 661 et seq., 16 U.S.C. 703 et seq., 16 U.S.C. 668a et seq., 
16 U.S.C. 469 et seq., and 16 U.S.C. 1531 et seq.


0
6. In Sec.  773.6, revise paragraph (c)(4) to read as follows:


Sec.  773.6  Public participation in permit processing.

* * * * *
    (c) * * *
    (4) Informal conferences held in accordance with this section may 
be used by the regulatory authority as the public hearing required 
under Sec.  761.14(c) of this chapter on proposed relocation or closing 
of public roads.
* * * * *

0
7. In Sec.  773.9, revise the section heading to read as follows:


Sec.  773.9  Review of applicant and operator information.

* * * * *

0
8. In Sec.  773.22, revise paragraph (a) introductory text to read as 
follows:


Sec.  773.22  Notice requirements for improvidently issued permits.

    (a) We, the regulatory authority, must serve you, the permittee, 
with a written notice of proposed suspension or rescission, together 
with a statement of the reasons for the proposed suspension or 
rescission, if--
* * * * *

PART 795--PERMANENT REGULATORY PROGRAM--SMALL OPERATOR ASSISTANCE 
PROGRAM

0
9. The authority citation for Part 795 continues to read as follows:

    Authority:  30 U.S.C. 1201 et seq.


0
10. In Sec.  795.4, revise the last sentence to read as follows:


Sec.  795.4  Information collection.

    * * * Send comments regarding this burden estimate or any other 
aspect of this collection of information, including suggestions for 
reducing the burden, to the Office of Surface Mining Reclamation and 
Enforcement, Information Collection Clearance Officer (MS-202), 1951 
Constitution Avenue, NW., Washington, DC 20240.

PART 816--PERMANENT PROGRAM PERFORMANCE STANDARDS--SURFACE MINING 
ACTIVITIES

0
11. The authority citation for Part 816 continues to read as follows:

    Authority:  30 U.S.C. 1201 et seq.


Sec.  816.46  [Amended]

0
12. In Sec.  816.46, lift the suspension of paragraph (b)(2), remove 
paragraph (b)(2), and redesignate paragraphs (b)(3) through (b)(6) as 
(b)(2) through (b)(5), respectively.

PART 817--PERMANENT PROGRAM PERFORMANCE STANDARDS--UNDERGROUND 
MINING ACTIVITIES

0
13. The authority citation for Part 817 continues to read as follows:

    Authority:  30 U.S.C. 1201 et seq.


Sec.  817.15  [Amended]

0
14. In Sec.  817.15, remove the citation ``30 CFR 75.1771'' and add in 
its place the citation ``30 CFR 75.1711''.


Sec.  817.46  [Amended]

0
15. In Sec.  817.46, lift the suspension of paragraph (b)(2), remove 
paragraph (b)(2), and redesignate paragraphs (b)(3) through (b)(6) as 
(b)(2) through (b)(5), respectively.

[[Page 60276]]

PART 840--STATE REGULATORY AUTHORITY; INSPECTION AND ENFORCEMENT

0
16. The authority citation for Part 840 continues to read as follows:

    Authority: 30 U.S.C. 1201 et seq., unless otherwise noted.


0
17. In Sec.  840.10, revise the last sentence of paragraph (b) to read 
as follows:


Sec.  840.10  Information collection.

* * * * *
    (b) * * * Send comments regarding this burden estimate or any other 
aspect of this collection of information, including suggestions for 
reducing the burden, to the Information Collection Clearance Officer 
(MS-202), 1951 Constitution Ave, NW., Washington, DC 20240.

0
18. In Sec.  840.13, revise paragraph (b) to read as follows:


Sec.  840.13  Enforcement authority.

* * * * *
    (b) The enforcement provisions of each State program shall contain 
sanctions which are no less stringent than those set forth in section 
521 of the Act and shall be consistent with Sec. Sec.  843.11, 843.12, 
843.13, and subchapters G and J of this chapter.
* * * * *

PART 842--FEDERAL INSPECTIONS AND MONITORING

0
19. The authority citation for Part 842 continues to read as follows:

    Authority:  30 U.S.C. 1201 et seq.


Sec.  842.11  [Amended]

0
20. Amend Sec.  842.11 as follows:
0
a. Amend paragraph (b)(1)(ii)(B)(1) by removing the reference 
``(b)(i)(iii)'' and adding in its place ``(b)(1)(iii)'', and
0
b. Amend paragraph (b)(1)(ii)(B)(4) by indenting each subparagraph (i) 
through (iv) and capitalizing the first words of each, and in paragraph 
(b)(1)(ii)(B)(4)(iv) by removing the words ``section 525(c) or 525(c)'' 
and adding in their place the words ``section 525(c) or 526(c)''.

PART 870--ABANDONED MINE RECLAMATION FUND--FEE COLLECTION AND COAL 
PRODUCTION REPORTING

0
21. The authority citation for Part 870 continues to read as follows:

    Authority: 28 U.S.C. 1746, 30 U.S.C. 1201 et seq. and Pub. L. 
105-277.


0
22. In Sec.  870.20, revise the sixth sentence of the introductory text 
to read as follows:


Sec.  870.20  How to calculate excess moisture in LOW-rank coals.

    * * * A copy of the ASTM standards is available for inspection at 
the Office of Surface Mining Reclamation and Enforcement, 
Administrative Record, Room 101, 1951 Constitution Avenue, NW., 
Washington, DC, or at the National Archives and Records Administration 
(NARA). * * *
* * * * *

PART 884--STATE RECLAMATION PLANS

0
23. The authority citation for Part 884 continues to read as follows:

    Authority:  30 U.S.C. 1201 et seq.


0
24. In Sec.  884.13, revise paragraph (b) to read as follows:


Sec.  884.13  Content of proposed State reclamation plan.

* * * * *
    (b) A legal opinion from the State Attorney General or the chief 
legal officer of the State agency that the designated agency has the 
authority under State law to conduct the program in accordance with the 
requirements of Title IV of the Act.
* * * * *

[FR Doc. 2010-24371 Filed 9-28-10; 8:45 am]
BILLING CODE 4310-05-P