Alabama Regulatory Program, 60371-60373 [2010-24598]

Download as PDF Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Proposed Rules which each commercial communication was disseminated, including but not limited to the names and terms of each such additional product or service available to consumers. (b) Any person subject to this rule may keep the records required by paragraph (a) of this section in any legible form, and in the same manner, format, or place as they keep such records in the ordinary course of business. Failure to keep all records required under paragraph (a) of this section shall be a violation of this rule. § 321.6 Actions by states. Background The correction notice that is the subject of this document is under section 6012 of the Internal Revenue Code. Need for Correction Any attorney general or other officer of a state authorized by the state to bring an action under this part may do so pursuant to Section 626(b) of the Omnibus Appropriations Act of 2009, sec. 626, Pub. L. 111-8, 123 Stat. 524 (2009) (15 U.S.C. 1638 note), as amended by the Credit Card Accountability Responsibility and Disclosure Act of 2009, sec. 511, Pub. L. 111-24, 123 Stat. 1734 (2009) (15 U.S.C. 1638 note). § 321.7 allowing the IRS to require corporations to file a schedule disclosing uncertain tax positions related to the tax return as required by the IRS. FOR FURTHER INFORMATION CONTACT: Kathryn Zuba, (202) 622–3400 (not tollfree number). SUPPLEMENTARY INFORMATION: Severability. The provisions of this rule are separate and severable from one another. If any provision is stayed or determined to be invalid, it is the Commission’s intention that the remaining provisions shall continue in effect. By direction of the Commission. Donald S. Clark, Secretary. As published, the notice of proposed rulemaking and notice of public hearing (REG–119046–10) contains an error that may prove to be misleading and is in need of clarification. Correction of Publication Accordingly, the publication of the notice of proposed rulemaking and notice of public hearing (REG–119046– 10), which was the subject of FR Doc. 2010–22624, is corrected as follows: On page 54802, column 3, under the caption DATES, lines 4 and 5, the language ‘‘public hearing scheduled for October 15, 2010, at 10 a.m., must be received’’ is corrected to read ‘‘public hearing scheduled for October 19, 2010, at 10 a.m., must be received’’ LaNita Van Dyke, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel, (Procedure and Administration). [FR Doc. 2010–24488 Filed 9–29–10; 8:45 am] [FR Doc. 2010–24353 Filed 9–29–10: 8:45 am] BILLING CODE 4830–01–P BILLING CODE 6750–01–S DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE TREASURY Internal Revenue Service Office of Surface Mining Reclamation and Enforcement 26 CFR Part 1 30 CFR Part 901 [REG–119046–10] [SATS No. AL–075–FOR; Docket ID: OSM– 2010–0009] RIN 1545–BJ54 Alabama Regulatory Program Requirements of a Statement Disclosing Uncertain Tax Positions; Correction Internal Revenue Service (IRS), Treasury. ACTION: Correction to notice of proposed rulemaking and a notice of public hearing. jdjones on DSK8KYBLC1PROD with PROPOSALS-1 AGENCY: This document contains a correction to a notice of proposed rulemaking and a notice of public hearing that was published in the Federal Register on Thursday, September 9, 2010 (75 FR 54802) SUMMARY: VerDate Mar<15>2010 17:29 Sep 29, 2010 Jkt 220001 Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment. AGENCY: We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing receipt of a proposed amendment to the Alabama regulatory program (Alabama program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Alabama proposes revisions to its SUMMARY: PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 60371 Program regarding their Surface Mining Commission, who is eligible to apply for and obtain a mining license, hearing officers, license fees, and several minor editorial changes throughout the document such as changing ‘‘him’’ to ‘‘him or her’’ and ‘‘chairman’’ to ‘‘chair’’. Alabama intends to revise its program to improve operational efficiency. This document gives the times and locations that the Alabama program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested. DATES: We will accept written comments on this amendment until 4 p.m., c.d.t., November 1, 2010. If requested, we will hold a public hearing on the amendment on October 25, 2010. We will accept requests to speak at a hearing until 4 p.m., c.d.t. on October 15, 2010. ADDRESSES: You may submit comments, identified by SATS No. AL–075–FOR by any of the following methods: • E-mail: swilson@osmre.gov. Include ‘‘SATS No. AL–075–FOR’’ in the subject line of the message. • Mail/Hand Delivery: Sherry Wilson, Director, Birmingham Field Office, Office of Surface Mining Reclamation and Enforcement, 135 Gemini Circle, Suite 215, Homewood, Alabama 35209. • Fax: (205) 290–7280. • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. Instructions: All submissions received must include the agency name and docket number for this rulemaking. For detailed instructions on submitting comments and additional information on the rulemaking process, see the ‘‘Public Comment Procedures’’ heading of the SUPPLEMENTARY INFORMATION section of this document. Docket: For access to the docket to review copies of the Alabama program, this amendment, a listing of any scheduled public hearings, and all written comments received in response to this document, you must go to the address listed below during normal business hours, Monday through Friday, excluding holidays. You may receive one free copy of the amendment by contacting OSM’s Birmingham Field Office or going to http:// www.regulations.gov. Sherry Wilson, Director, Birmingham Field Office, Office of Surface Mining Reclamation and Enforcement, 135 Gemini Circle, Suite 215, Homewood, Alabama 35209, Telephone: (205) 290– 7282, E-mail: swilson@osmre.gov. E:\FR\FM\30SEP1.SGM 30SEP1 60372 Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Proposed Rules In addition, you may review a copy of the amendment during regular business hours at the following location: Alabama Surface Mining Commission, 1811 Second Ave., P.O. Box 2390, Jasper, Alabama 35502–2390, Telephone: (205) 221–4130. FOR FURTHER INFORMATION CONTACT: Sherry Wilson, Director, Birmingham Field Office. Telephone: (205) 290– 7282. E-mail: swilson@osmre.gov. SUPPLEMENTARY INFORMATION: member board appointed by the Governor with the advice and consent of the Alabama State Senate is, pursuant to the approved state program, vested with the power and authority to implement the state Title V program acting through its director and staff. harm or danger include a citation for an expeditious hearing before an administrative hearing officer. The amendment conforms the Alabama Statute to the requirements of the corresponding Federal SMCRA provisions. B. Alabama Code § 9–16–73(g) III. Public Comment Procedures Authorizes the Commission to meet once every month rather than once every 30 days as previously required. I. Background on the Alabama Program II. Description of the Proposed Amendment III. Public Comment Procedures IV. Procedural Determinations C. Alabama Code § 9–16–74(4) This addition allows the Commission to promulgate rules and regulations charging reasonable fees for administration of Act provisions including, but not limited to, fees for the certification, renewals, and continuing education of certified blaster applicants. Under the provisions of 30 CFR 732.17(h), we are seeking your comments on whether the amendment satisfies the applicable program approval criteria of 30 CFR 732.15. If we approve the amendment, it will become part of the State program. Electronic or Written Comments jdjones on DSK8KYBLC1PROD with PROPOSALS-1 I. Background on the Alabama 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 Alabama program effective May 20, 1982. You can find background information on the Alabama program, including the Secretary’s findings, the disposition of comments, and the conditions of approval of the Alabama program in the May 20, 1982, Federal Register (47 FR 22030). You can also find later actions concerning the Alabama program and program amendments at 30 CFR 901.10, 901.15 and 901.16. II. Description of the Proposed Amendment By letter dated May 12, 2010 (Administrative Record No. AL–661), and revised on July 14, 2010 (Administrative Record No. AL–661– 006), Alabama sent us an amendment to its program under SMCRA (30 U.S.C. 1201 et seq.) at its own initiative. Below is a summary of the changes proposed by Alabama. The full text of the program amendment is available for you to read at the locations listed above under ADDRESSES. A. Alabama Code § 9–16–73(b) This change adds the requirements that members of the seven member Commission reflect the racial, gender, geographic, urban/rural and economic diversity of the state. This seven VerDate Mar<15>2010 15:10 Sep 29, 2010 Jkt 220001 D. Alabama Code § 9–16–77(b) Amends existing provisions for the hiring or contracting with Hearing Officers to preside over administrative appeals of agency actions. Continues the existing requirements that Hearing Officers be members in good standing with the Alabama State Bar and have no direct or indirect interests in a surface or underground coal mine operation. Adds a prohibition against hearing officers having been employed by or having represented a coal mine operator within the previous 24 months. E. Alabama Code § 9–16–78(d) Deletes existing provision of law that Hearing Officer facilities be located in a facility apart from Commission offices. F. Alabama Code § 9–16–81(b) Alabama’s approved program requires that coal operators apply for and obtain a surface coal mining license as a qualification for engaging in surface coal mining operations within Alabama. Section 3 of Act No. 2010–153 amends the existing license statute to require that only citizens of the United States or persons legally present in the United States with appropriate documentation from the Federal government and that possess a mining license may engage in surface coal mining operations within Alabama. G. Alabama Code § 9–16–81(f)(1) Modifies existing law to remove a fixed $1,000 fee and allow the Commission to establish by rule the initial fee for a mining license and annual license update fees. Such fees must be reasonable in amount. H. Alabama Code § 9–16–93(b) Deletes requirement of existing law that a cessation order alleging imminent PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 If you submit written comments, they should be specific, confined to issues pertinent to the proposed regulations, and explain the reason for any recommended change(s). We appreciate any and all comments, but those most useful and likely to influence decisions on the final regulations will be those that either involve personal experience or include citations to and analyses of SMCRA, its legislative history, its implementing regulations, case law, other pertinent State or Federal laws or regulations, technical literature, or other relevant publications. We cannot ensure that comments received after the close of the comment period (see DATES) or sent to an address other than those listed (see ADDRESSES) will be included in the docket for this rulemaking and considered. Public Availability of Comments Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Public Hearing If you wish to speak at the public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., c.d.t. on October 15, 2010. If you are disabled and need reasonable accommodations to attend a public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT. We will arrange the location and time of the hearing with those persons requesting the hearing. If no one requests an opportunity to speak, we will not hold a hearing. E:\FR\FM\30SEP1.SGM 30SEP1 Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Proposed Rules To assist the transcriber and ensure an accurate record, we request, if possible, that each person who speaks at the public hearing provide us with a written copy of his or her comments. The public hearing will continue on the specified date until everyone scheduled to speak has been given an opportunity to be heard. If you are in the audience and have not been scheduled to speak and wish to do so, you will be allowed to speak after those who have been scheduled. We will end the hearing after everyone scheduled to speak and others present in the audience who wish to speak, have been heard. Public Meeting If only one person requests an opportunity to speak, we may hold a public meeting rather than a public hearing. If you wish to meet with us to discuss the amendment, please request a meeting by contacting the person listed under FOR FURTHER INFORMATION CONTACT. All such meetings are open to the public and, if possible, we will post notices of meetings at the locations listed under ADDRESSES. We will make a written summary of each meeting a part of the administrative record. IV. Procedural Determinations Executive Order 12866—Regulatory Planning and Review This rule is exempted from review by the Office of Management and Budget (OMB) under Executive Order 12866. jdjones on DSK8KYBLC1PROD with PROPOSALS-1 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 901 Intergovernmental relations, Surface mining, Underground mining. VerDate Mar<15>2010 15:10 Sep 29, 2010 Jkt 220001 Dated: July 28, 2010. Ervin J. Barchenger, Regional Director, Mid-Continent Region. [FR Doc. 2010–24598 Filed 9–29–10; 8:45 am] BILLING CODE 4310–05–P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 918 [SATS No. LA–023–FOR; Docket ID: OSM– 2010–0005] Louisiana Regulatory Program/ Abandoned Mine Land Reclamation Plan Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment. AGENCY: We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing receipt of a proposed amendment to the Louisiana regulatory program (Louisiana program) and the Louisiana abandoned mine land reclamation plan (Louisiana plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The proposed amendment consists of revisions, additions, and deletions of regulations pertaining to definitions; lands eligible for remining; general provisions for review of permit application information and entry of information into AVS; review of applicant, operator, and ownership and control information; review of permit history; review of compliance history; permit eligibility determination; unanticipated events or conditions at remining sites; eligibility for provisionally issued permits; written findings for permit application approval; initial review and finding requirements for improvidently issued permits; suspension or rescission requirements for improvidently issued permits; who may challenge ownership or control listings and findings; how to challenge an ownership or control listing or finding; burden of proof for ownership or control challenges; written agency decision on challenges to ownership or control listings or findings; post-permit issuance requirements for regulatory authorities and other actions based on ownership, control, and violation information; postpermit issuance information requirements for permittees; transfer, assignment, or sale of permit rights; certifying and updating existing permit SUMMARY: PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 60373 application information; providing applicant and operator information; providing permit history information; providing violation information; backfilling and grading: previously mined areas; and cessation orders; and contractor eligibility. The amendment is intended to revise the Louisiana program to be no less effective than the corresponding Federal regulations and the Louisiana plan to be consistent with the Federal regulations. This document gives the times and locations that the Louisiana program, Louisiana plan, and this proposed amendment are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested. DATES: We will accept written comments on this amendment until 4 p.m., c.d.t., November 1, 2010. If requested, we will hold a public hearing on the amendment on October 25, 2010. We will accept requests to speak at a hearing until 4 p.m., c.d.t. on October 15, 2010. ADDRESSES: You may submit comments, identified by SATS No. LA–023–FOR, by any of the following methods: • E-mail: swilson@osmre.gov. Include ‘‘SATS No. LA–023–FOR’’ in the subject line of the message. • Mail/Hand Delivery: Sherry Wilson, Director, Birmingham Field Office, Office of Surface Mining Reclamation and Enforcement, 135 Gemini Circle, Suite 215, Homewood, Alabama 35209. • Fax: (205) 290–7280. • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. Instructions: All submissions received must include the agency name and docket number for this rulemaking. For detailed instructions on submitting comments and additional information on the rulemaking process, see the ‘‘Public Comment Procedures’’ heading of the SUPPLEMENTARY INFORMATION section of this document. Docket: For access to the docket to review copies of the Louisiana program, Louisiana plan, this amendment, a listing of any scheduled public hearings, and all written comments received in response to this document, you must go to the address listed below during normal business hours, Monday through Friday, excluding holidays. You may receive one free copy of the amendment by contacting OSM’s Birmingham Field Office or going to http:// www.regulations.gov. Sherry Wilson, Director, Birmingham Field Office, Office of Surface Mining E:\FR\FM\30SEP1.SGM 30SEP1

Agencies

[Federal Register Volume 75, Number 189 (Thursday, September 30, 2010)]
[Proposed Rules]
[Pages 60371-60373]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24598]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 901

[SATS No. AL-075-FOR; Docket ID: OSM-2010-0009]


Alabama Regulatory Program

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendment.

-----------------------------------------------------------------------

SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are announcing receipt of a proposed amendment to the Alabama 
regulatory program (Alabama program) under the Surface Mining Control 
and Reclamation Act of 1977 (SMCRA or the Act). Alabama proposes 
revisions to its Program regarding their Surface Mining Commission, who 
is eligible to apply for and obtain a mining license, hearing officers, 
license fees, and several minor editorial changes throughout the 
document such as changing ``him'' to ``him or her'' and ``chairman'' to 
``chair''. Alabama intends to revise its program to improve operational 
efficiency.
    This document gives the times and locations that the Alabama 
program and proposed amendment to that program are available for your 
inspection, the comment period during which you may submit written 
comments on the amendment, and the procedures that we will follow for 
the public hearing, if one is requested.

DATES: We will accept written comments on this amendment until 4 p.m., 
c.d.t., November 1, 2010. If requested, we will hold a public hearing 
on the amendment on October 25, 2010. We will accept requests to speak 
at a hearing until 4 p.m., c.d.t. on October 15, 2010.

ADDRESSES: You may submit comments, identified by SATS No. AL-075-FOR 
by any of the following methods:
     E-mail: swilson@osmre.gov. Include ``SATS No. AL-075-FOR'' 
in the subject line of the message.
     Mail/Hand Delivery: Sherry Wilson, Director, Birmingham 
Field Office, Office of Surface Mining Reclamation and Enforcement, 135 
Gemini Circle, Suite 215, Homewood, Alabama 35209.
     Fax: (205) 290-7280.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. For detailed instructions on 
submitting comments and additional information on the rulemaking 
process, see the ``Public Comment Procedures'' heading of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to review copies of the Alabama 
program, this amendment, a listing of any scheduled public hearings, 
and all written comments received in response to this document, you 
must go to the address listed below during normal business hours, 
Monday through Friday, excluding holidays. You may receive one free 
copy of the amendment by contacting OSM's Birmingham Field Office or 
going to http://www.regulations.gov.
    Sherry Wilson, Director, Birmingham Field Office, Office of Surface 
Mining Reclamation and Enforcement, 135 Gemini Circle, Suite 215, 
Homewood, Alabama 35209, Telephone: (205) 290-7282, E-mail: 
swilson@osmre.gov.

[[Page 60372]]

    In addition, you may review a copy of the amendment during regular 
business hours at the following location: Alabama Surface Mining 
Commission, 1811 Second Ave., P.O. Box 2390, Jasper, Alabama 35502-
2390, Telephone: (205) 221-4130.

FOR FURTHER INFORMATION CONTACT: Sherry Wilson, Director, Birmingham 
Field Office. Telephone: (205) 290-7282. E-mail: swilson@osmre.gov.

SUPPLEMENTARY INFORMATION:

I. Background on the Alabama Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

I. Background on the Alabama 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 Alabama program effective May 20, 1982. You can find background 
information on the Alabama program, including the Secretary's findings, 
the disposition of comments, and the conditions of approval of the 
Alabama program in the May 20, 1982, Federal Register (47 FR 22030). 
You can also find later actions concerning the Alabama program and 
program amendments at 30 CFR 901.10, 901.15 and 901.16.

II. Description of the Proposed Amendment

    By letter dated May 12, 2010 (Administrative Record No. AL-661), 
and revised on July 14, 2010 (Administrative Record No. AL-661-006), 
Alabama sent us an amendment to its program under SMCRA (30 U.S.C. 1201 
et seq.) at its own initiative. Below is a summary of the changes 
proposed by Alabama. The full text of the program amendment is 
available for you to read at the locations listed above under 
ADDRESSES.

A. Alabama Code Sec.  9-16-73(b)

    This change adds the requirements that members of the seven member 
Commission reflect the racial, gender, geographic, urban/rural and 
economic diversity of the state. This seven member board appointed by 
the Governor with the advice and consent of the Alabama State Senate 
is, pursuant to the approved state program, vested with the power and 
authority to implement the state Title V program acting through its 
director and staff.

B. Alabama Code Sec.  9-16-73(g)

    Authorizes the Commission to meet once every month rather than once 
every 30 days as previously required.

C. Alabama Code Sec.  9-16-74(4)

    This addition allows the Commission to promulgate rules and 
regulations charging reasonable fees for administration of Act 
provisions including, but not limited to, fees for the certification, 
renewals, and continuing education of certified blaster applicants.

D. Alabama Code Sec.  9-16-77(b)

    Amends existing provisions for the hiring or contracting with 
Hearing Officers to preside over administrative appeals of agency 
actions. Continues the existing requirements that Hearing Officers be 
members in good standing with the Alabama State Bar and have no direct 
or indirect interests in a surface or underground coal mine operation. 
Adds a prohibition against hearing officers having been employed by or 
having represented a coal mine operator within the previous 24 months.

E. Alabama Code Sec.  9-16-78(d)

    Deletes existing provision of law that Hearing Officer facilities 
be located in a facility apart from Commission offices.

F. Alabama Code Sec.  9-16-81(b)

    Alabama's approved program requires that coal operators apply for 
and obtain a surface coal mining license as a qualification for 
engaging in surface coal mining operations within Alabama. Section 3 of 
Act No. 2010-153 amends the existing license statute to require that 
only citizens of the United States or persons legally present in the 
United States with appropriate documentation from the Federal 
government and that possess a mining license may engage in surface coal 
mining operations within Alabama.

G. Alabama Code Sec.  9-16-81(f)(1)

    Modifies existing law to remove a fixed $1,000 fee and allow the 
Commission to establish by rule the initial fee for a mining license 
and annual license update fees. Such fees must be reasonable in amount.

H. Alabama Code Sec.  9-16-93(b)

    Deletes requirement of existing law that a cessation order alleging 
imminent harm or danger include a citation for an expeditious hearing 
before an administrative hearing officer. The amendment conforms the 
Alabama Statute to the requirements of the corresponding Federal SMCRA 
provisions.

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking your 
comments on whether the amendment satisfies the applicable program 
approval criteria of 30 CFR 732.15. If we approve the amendment, it 
will become part of the State program.

Electronic or Written Comments

    If you submit written comments, they should be specific, confined 
to issues pertinent to the proposed regulations, and explain the reason 
for any recommended change(s). We appreciate any and all comments, but 
those most useful and likely to influence decisions on the final 
regulations will be those that either involve personal experience or 
include citations to and analyses of SMCRA, its legislative history, 
its implementing regulations, case law, other pertinent State or 
Federal laws or regulations, technical literature, or other relevant 
publications.
    We cannot ensure that comments received after the close of the 
comment period (see DATES) or sent to an address other than those 
listed (see ADDRESSES) will be included in the docket for this 
rulemaking and considered.

Public Availability of Comments

    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., c.d.t. on 
October 15, 2010. If you are disabled and need reasonable 
accommodations to attend a public hearing, contact the person listed 
under FOR FURTHER INFORMATION CONTACT. We will arrange the location and 
time of the hearing with those persons requesting the hearing. If no 
one requests an opportunity to speak, we will not hold a hearing.

[[Page 60373]]

    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at the public hearing 
provide us with a written copy of his or her comments. The public 
hearing will continue on the specified date until everyone scheduled to 
speak has been given an opportunity to be heard. If you are in the 
audience and have not been scheduled to speak and wish to do so, you 
will be allowed to speak after those who have been scheduled. We will 
end the hearing after everyone scheduled to speak and others present in 
the audience who wish to speak, have been heard.

Public Meeting

    If only one person requests an opportunity to speak, we may hold a 
public meeting rather than a public hearing. If you wish to meet with 
us to discuss the amendment, please request a meeting by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings 
are open to the public and, if possible, we will post notices of 
meetings at the locations listed under ADDRESSES. We will make a 
written summary of each meeting a part of the administrative record.

IV. Procedural Determinations

Executive Order 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 901

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: July 28, 2010.
Ervin J. Barchenger,
Regional Director, Mid-Continent Region.
[FR Doc. 2010-24598 Filed 9-29-10; 8:45 am]
BILLING CODE 4310-05-P