Alabama Regulatory Program, 60371-60373 [2010-24598]
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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:
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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: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Comment Procedures’’ heading
of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to
review copies of the 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 https://
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
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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
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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:
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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: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Comment Procedures’’ heading
of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to
review copies of the 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 https://
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: https://www.regulations.gov.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. For detailed instructions on
submitting comments and additional information on the rulemaking
process, see the ``Public Comment Procedures'' heading of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: For access to the docket to review copies of the 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 https://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
