Oklahoma Regulatory Program, 23522-23524 [2011-10142]
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23522
Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Proposed Rules
on other criteria it should be using
when prioritizing its reviews of existing
significant regulations.
In addition, FDA is seeking public
comment on which, if any, regulations
should be reviewed at this time. Please
identify any regulation that should be
modified, expanded, streamlined, or
repealed to make our regulatory
program more effective and less
burdensome. Please be as specific as
possible in your comments. To support
its efforts to support innovation, FDA is
particularly interested in comments that
identify regulations that may be
impediments to innovation and
suggestions for how they can be
improved.
Comments should focus on
regulations that have demonstrated
deficiencies. Comments that reiterate
previously submitted arguments relating
to recently issued rules will be less
useful. Furthermore, the public should
focus on rule changes that will achieve
a broad public impact, rather than an
individual personal or corporate benefit.
Comments should reference a specific
regulation by the Code of Federal
Regulations (CFR) cite, and provide
specific information on what needs
fixing and why. Lastly, FDA stresses
that this review is for published final
rules; the public should not use this
process to submit comments on
proposed rules.
The most useful comments will
include which specific regulations need
to be changed, strengthened or clarified,
or revoked. It will be most helpful to
include the specific reasons explaining
why the change or revocation is
necessary or desired, and to provide
specific ways to improve the regulation,
particularly any specific language
modifications.
The Agency will be able to more
efficiently review and consider
comments that are submitted in the
format shown in table 1 of this
document:
TABLE 1—FORMAT FOR SUBMITTING COMMENTS
Name of regulation
Type of Product or FDA Center Regulating the Product.
Statute or Code of Federal Regulations cite (if known).
Brief Description of Problem ....................................................................
Available Data on Cost or Economic Impact ...........................................
Proposed Solution ....................................................................................
Interested persons may submit to the
Division of Dockets Management (see
ADDRESSES) either electronic or written
comments regarding this document. It is
only necessary to send one set of
comments. It is no longer necessary to
send two copies of mailed comments.
Identify comments with the docket
number found in brackets in the
heading of this document. Received
comments may be seen in the Division
of Dockets Management between 9 a.m.
and 4 p.m., Monday through Friday.
Dated: April 20, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011–10131 Filed 4–26–11; 8:45 am]
BILLING CODE 4160–01–P
DEPARTMENT OF THE INTERIOR
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 936
[SATS No. OK–033–FOR; Docket ID: OSM–
2011–0001]
Oklahoma Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
AGENCY:
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15:08 Apr 26, 2011
Jkt 223001
(For example, is it outmoded, ineffective, insufficient, or excessively
burdensome? Why?)
(Quantified benefits and cost if possible. Qualitative description, if
needed.)
(Include the fix and procedure to solve it. For example, what would be
the best way to modify, streamline, expand, or repeal the regulation?)
Proposed rule; public comment
period and opportunity for public
hearing.
ACTION:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSM), are announcing receipt of a
proposed amendment to the Oklahoma
regulatory program under the Surface
Mining Control and Reclamation Act of
1977 (SMCRA or the Act). Oklahoma
proposes revisions to its program by
adding size limitations for permanent
impoundments; adding slope
limitations affecting post-mine contours;
adding a subsidence allegation reporting
requirement; and adding a requirement
for bond calculation at renewal.
Oklahoma is proposing these additions
to its program at its own initiative.
This document provides the times
and locations that the Oklahoma
program and proposed amendment to
that program are available for public
inspection, the comment period during
which you may submit written
comments on the amendment, and the
procedures that we will follow for the
public hearing, if one is requested.
DATES: We will accept written
comments on this amendment until
4 p.m., c.d.t., May 27, 2011. If requested,
we will hold a public hearing on the
amendment on May 23, 2011. We will
accept requests to speak at a hearing
until 4 p.m., c.d.t. on May 12, 2011.
SUMMARY:
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Fmt 4702
Sfmt 4702
You may submit comments,
identified by SATS No. OK–033–FOR,
by any of the following methods:
• E-mail: aclayborne@osmre.gov.
Include ‘‘SATS No. OK–033–FOR’’ in
the subject line of the message.
• Mail/Hand Delivery: Alfred L.
Clayborne, Director, Tulsa Field Office,
Office of Surface Mining Reclamation
and Enforcement, 1645 South 101st East
Avenue, Suite 145, Tulsa, Oklahoma
74128–4629.
• Fax: (918) 581–6419.
• Federal eRulemaking Portal: The
amendment has been assigned Docket
ID OSM02011–0001. If you would like
to submit comments go to 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 Oklahoma
regulations, 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,
ADDRESSES:
E:\FR\FM\27APP1.SGM
27APP1
Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Proposed Rules
excluding holidays. You may receive
one free copy of the amendment by
contacting OSM’s Tulsa Field Office; or
you can view the full text of the
program amendment available for you to
read at https://www.regulations.gov.
Alfred L. Clayborne, Director, Tulsa
Field Office, Office of Surface Mining
Reclamation and Enforcement, 1645
South 101st East Avenue, Suite 145,
Tulsa, Oklahoma 74128–4629,
Telephone: (918) 581–6430, E-mail:
aclayborne@osmre.gov.
In addition, you may review a copy of
the amendment during regular business
hours at the following location:
Oklahoma Department of Mines, 2915
N. Classen Blvd., Suite 213, Oklahoma
City, Oklahoma 73106–5406,
Telephone: (405) 427–3859.
FOR FURTHER INFORMATION CONTACT:
Alfred L. Clayborne, Director, Tulsa
Field Office. Telephone: (918) 581–
6430. E-mail: aclayborne@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Oklahoma Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
I. Background on the Oklahoma
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, ‘‘* * *
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 Oklahoma
program on January 19, 1981. You can
find background information on the
Oklahoma program, including the
Secretary’s findings, the disposition of
comments, and the conditions of
approval of the Oklahoma program in
the January 19, 1981, Federal Register
(46 FR 4902). You can also find later
actions concerning the Oklahoma
program and program amendments at
30 CFR 936.10, 936.15, and 936.16.
II. Description of the Proposed
Amendment
By letter dated February 25, 2011,
(Administrative Record No. OK–1000),
Oklahoma sent us amendments to its
Program under SMCRA (30 U.S.C. 1201
et seq.) at its own initiative. Below is a
VerDate Mar<15>2010
15:08 Apr 26, 2011
Jkt 223001
summary of the changes proposed by
Oklahoma. The full text of the program
amendment is available for you to read
at the locations listed above under
ADDRESSES or at https://
www.regulations.gov.
A. Oklahoma Administrative Code
460:20–43–14(b)(7) Size Limitations on
Permanent Impoundments
Oklahoma’s regulations require both
temporary and permanent
impoundments to adhere to minimum
criteria and design certification. Their
proposed addition requires a permanent
impoundment to have three (3) acres of
drainage per acre-foot of storage in the
impoundment or a water balance
(precipitation runoff versus lake
evaporation) showing that the length of
time for the impoundment to fill and
maintain a stable water level does not
exceed a maximum of five (5) years. The
full text of the program amendment is
available for you to read at the locations
listed above under ADDRESSES or at
https://www.regulations.gov.
B. Oklahoma Administrative Code
460:20–43–38(1) Approximate Original
Contour
Oklahoma’s regulations give general
backfilling and grading requirements to
achieve approximate original contour.
Their proposed addition will add
specific requirements relating to post
mining slopes. Previously mined areas
or areas deemed suitable for
reforestation could be exempt from
these standards if justified in writing by
the applicant based on site conditions.
The full text of the program amendment
is available for you to read at the
locations listed above under ADDRESSES
or at https://www.regulations.gov.
C. Oklahoma Administrative Code
460:20–43–47(c)(3) & 460:20–45–47(c)(6)
Subsidence Reporting
Oklahoma’s regulations require the
operator to comply with all provisions
of the approved subsidence control
plan. Their proposed addition would
require the operator to report to the
Department all instances of alleged
subsidence within 30 calendar days.
The report must be in writing. The
report must identify the location of the
alleged subsidence in relation to the
underground mine workings. The full
text of the program amendment is
available for you to read at the locations
listed above under ADDRESSES or at
https://www.regulations.gov.
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Frm 00011
Fmt 4702
Sfmt 4702
23523
D. Oklahoma Administrative Code
460:20–17–4(b)(2)(C) Requirement for
Bond Calculation at Renewal
Oklahoma’s regulations have
minimum requirements for permit
renewal. Their proposed addition would
require a current bond calculation (less
than 60 days old) detailing the costs to
reclaim the permit by a third party
under the approved worst case bond
scenario and evidence that the
performance bond in effect for the
operation will continue in full force and
effect for any renewal requested, as well
as any additional bond required by the
Department pursuant to Subchapter 37
of this Chapter. The full text of the
program amendment is available for you
to read at the locations listed above
under ADDRESSES or at https://
www.regulations.gov.
III. Public Comment Procedures
Under the provisions of 30 CFR
732.17(h), we are seeking your
comments on whether Oklahoma’s
proposed amendment satisfies the
applicable program approval criteria of
30 CFR 732.15. If we approve the
amendment, it will become part of
Oklahoma’s 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.
E:\FR\FM\27APP1.SGM
27APP1
23524
Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Proposed Rules
Public Hearing
If you wish to speak at the public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT by
4 p.m., c.d.t. on May 12, 2011. If you are
disabled and need reasonable
accommodations to attend a public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT. We
will arrange the location and time of the
hearing with those persons requesting
the hearing. If no one requests an
opportunity to speak, we will not hold
a hearing.
To assist the transcriber and ensure an
accurate record, we request, if possible,
that each person who speaks at the
public hearing provide us with a written
copy of his or her comments. The public
hearing will continue on the specified
date until everyone scheduled to speak
has been given an opportunity to be
heard. If you are in the audience and
have not been scheduled to speak and
wish to do so, you will be allowed to
speak after those who have been
scheduled. We will end the hearing after
everyone scheduled to speak and others
present in the audience who wish to
speak, have been heard.
Public Meeting
If only one person requests an
opportunity to speak, we may hold a
public meeting rather than a public
hearing. If you wish to meet with us to
discuss the amendment, please request
a meeting by contacting the person
listed under FOR FURTHER INFORMATION
CONTACT. All such meetings are open to
the public; 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
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
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
VerDate Mar<15>2010
15:08 Apr 26, 2011
Jkt 223001
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 936
Intergovernmental relations, Surface
mining, Underground mining.
Dated: March 4, 2011.
Ervin J. Barchenger,
Regional Director, Mid-Continent Region.
[FR Doc. 2011–10142 Filed 4–26–11; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0228]
RIN 1625–AA00
Safety Zone, Brandon Road Lock and
Dam to Lake Michigan Including Des
Plaines River, Chicago Sanitary and
Ship Canal, Chicago River, and
Calumet-Saganashkee Channel,
Chicago, IL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a permanent safety zone from
Brandon Road Lock and Dam to Lake
Michigan. This proposed safety zone
will cover 77 miles of navigable
waterways in the Chicago area and is
intended to restrict vessels from
entering certain segments of the
navigable waters of the Des Plaines
River, the Chicago Sanitary and Ship
Canal (CSSC), branches of the Chicago
River, and the Calumet-Saganashkee
Channel (Cal-Sag Channel). This
proposed safety zone is necessary to
protect the waters, waterway users and
vessels from hazards associated with a
myriad of actions designed to control
the spread of aquatic nuisance species.
Because the Asian Carp Regional
Coordinating Committee (ACRCC) may
take such actions at any time and in any
segment of the waterways covered by
this proposed safety zone, this proposed
safety zone would provide the Captain
of the Port, Sector Lake Michigan, the
ability to take targeted and expeditious
action to protect vessels and persons
from the hazards associated with any
Federal and State efforts to control
aquatic nuisance species.
SUMMARY:
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Fmt 4702
Sfmt 4702
Comments and related materials
must be received by the Coast Guard on
or before May 27, 2011.
ADDRESSES: You may submit comments
identified by docket number USCG–
2011–0228 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
DATES:
If
you have questions on this rule, call
LCDR William Nabach, Asst. Chief,
Prevention Department, Sector Lake
Michigan, telephone 414–747–7159,
e-mail address
William.A.Nabach@uscg.mil. If you
have questions related to the application
of piscicide, please contact Mr. Bill
Bolen, U.S. Environmental Protection
Agency, Senior Advisor, Great Lakes
National Program Office, 77 W. Jackson
Blvd., Chicago, IL 60604, at (312) 353–
6316. If you have questions on viewing
the docket, call Renee V. Wright,
Program Manager, Docket Operations,
telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2011–0228),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
E:\FR\FM\27APP1.SGM
27APP1
Agencies
[Federal Register Volume 76, Number 81 (Wednesday, April 27, 2011)]
[Proposed Rules]
[Pages 23522-23524]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10142]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 936
[SATS No. OK-033-FOR; Docket ID: OSM-2011-0001]
Oklahoma Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are announcing receipt of a proposed amendment to the Oklahoma
regulatory program under the Surface Mining Control and Reclamation Act
of 1977 (SMCRA or the Act). Oklahoma proposes revisions to its program
by adding size limitations for permanent impoundments; adding slope
limitations affecting post-mine contours; adding a subsidence
allegation reporting requirement; and adding a requirement for bond
calculation at renewal. Oklahoma is proposing these additions to its
program at its own initiative.
This document provides the times and locations that the Oklahoma
program and proposed amendment to that program are available for public
inspection, the comment period during which you may submit written
comments on the amendment, and the procedures that we will follow for
the public hearing, if one is requested.
DATES: We will accept written comments on this amendment until 4 p.m.,
c.d.t., May 27, 2011. If requested, we will hold a public hearing on
the amendment on May 23, 2011. We will accept requests to speak at a
hearing until 4 p.m., c.d.t. on May 12, 2011.
ADDRESSES: You may submit comments, identified by SATS No. OK-033-FOR,
by any of the following methods:
E-mail: aclayborne@osmre.gov. Include ``SATS No. OK-033-
FOR'' in the subject line of the message.
Mail/Hand Delivery: Alfred L. Clayborne, Director, Tulsa
Field Office, Office of Surface Mining Reclamation and Enforcement,
1645 South 101st East Avenue, Suite 145, Tulsa, Oklahoma 74128-4629.
Fax: (918) 581-6419.
Federal eRulemaking Portal: The amendment has been
assigned Docket ID OSM02011-0001. If you would like to submit comments
go to 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 Oklahoma
regulations, 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,
[[Page 23523]]
excluding holidays. You may receive one free copy of the amendment by
contacting OSM's Tulsa Field Office; or you can view the full text of
the program amendment available for you to read at https://www.regulations.gov.
Alfred L. Clayborne, Director, Tulsa Field Office, Office of
Surface Mining Reclamation and Enforcement, 1645 South 101st East
Avenue, Suite 145, Tulsa, Oklahoma 74128-4629, Telephone: (918) 581-
6430, E-mail: aclayborne@osmre.gov.
In addition, you may review a copy of the amendment during regular
business hours at the following location: Oklahoma Department of Mines,
2915 N. Classen Blvd., Suite 213, Oklahoma City, Oklahoma 73106-5406,
Telephone: (405) 427-3859.
FOR FURTHER INFORMATION CONTACT: Alfred L. Clayborne, Director, Tulsa
Field Office. Telephone: (918) 581-6430. E-mail: aclayborne@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Oklahoma Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Oklahoma 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, ``* * * 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 Oklahoma program on January 19, 1981. You
can find background information on the Oklahoma program, including the
Secretary's findings, the disposition of comments, and the conditions
of approval of the Oklahoma program in the January 19, 1981, Federal
Register (46 FR 4902). You can also find later actions concerning the
Oklahoma program and program amendments at 30 CFR 936.10, 936.15, and
936.16.
II. Description of the Proposed Amendment
By letter dated February 25, 2011, (Administrative Record No. OK-
1000), Oklahoma sent us amendments 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 Oklahoma. The full text of the program amendment is
available for you to read at the locations listed above under ADDRESSES
or at https://www.regulations.gov.
A. Oklahoma Administrative Code 460:20-43-14(b)(7) Size Limitations on
Permanent Impoundments
Oklahoma's regulations require both temporary and permanent
impoundments to adhere to minimum criteria and design certification.
Their proposed addition requires a permanent impoundment to have three
(3) acres of drainage per acre-foot of storage in the impoundment or a
water balance (precipitation runoff versus lake evaporation) showing
that the length of time for the impoundment to fill and maintain a
stable water level does not exceed a maximum of five (5) years. The
full text of the program amendment is available for you to read at the
locations listed above under ADDRESSES or at https://www.regulations.gov.
B. Oklahoma Administrative Code 460:20-43-38(1) Approximate Original
Contour
Oklahoma's regulations give general backfilling and grading
requirements to achieve approximate original contour. Their proposed
addition will add specific requirements relating to post mining slopes.
Previously mined areas or areas deemed suitable for reforestation could
be exempt from these standards if justified in writing by the applicant
based on site conditions. The full text of the program amendment is
available for you to read at the locations listed above under ADDRESSES
or at https://www.regulations.gov.
C. Oklahoma Administrative Code 460:20-43-47(c)(3) & 460:20-45-47(c)(6)
Subsidence Reporting
Oklahoma's regulations require the operator to comply with all
provisions of the approved subsidence control plan. Their proposed
addition would require the operator to report to the Department all
instances of alleged subsidence within 30 calendar days. The report
must be in writing. The report must identify the location of the
alleged subsidence in relation to the underground mine workings. The
full text of the program amendment is available for you to read at the
locations listed above under ADDRESSES or at https://www.regulations.gov.
D. Oklahoma Administrative Code 460:20-17-4(b)(2)(C) Requirement for
Bond Calculation at Renewal
Oklahoma's regulations have minimum requirements for permit
renewal. Their proposed addition would require a current bond
calculation (less than 60 days old) detailing the costs to reclaim the
permit by a third party under the approved worst case bond scenario and
evidence that the performance bond in effect for the operation will
continue in full force and effect for any renewal requested, as well as
any additional bond required by the Department pursuant to Subchapter
37 of this Chapter. The full text of the program amendment is available
for you to read at the locations listed above under ADDRESSES or at
https://www.regulations.gov.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether Oklahoma's proposed amendment satisfies the
applicable program approval criteria of 30 CFR 732.15. If we approve
the amendment, it will become part of Oklahoma's 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.
[[Page 23524]]
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., c.d.t. on May
12, 2011. If you are disabled and need reasonable accommodations to
attend a public hearing, contact the person listed under FOR FURTHER
INFORMATION CONTACT. We will arrange the location and time of the
hearing with those persons requesting the hearing. If no one requests
an opportunity to speak, we will not hold a hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at the public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone scheduled to
speak has been given an opportunity to be heard. If you are in the
audience and have not been scheduled to speak and wish to do so, you
will be allowed to speak after those who have been scheduled. We will
end the hearing after everyone scheduled to speak and others present in
the audience who wish to speak, have been heard.
Public Meeting
If only one person requests an opportunity to speak, we may hold a
public meeting rather than a public hearing. If you wish to meet with
us to discuss the amendment, please request a meeting by contacting the
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings
are open to the public; 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 936
Intergovernmental relations, Surface mining, Underground mining.
Dated: March 4, 2011.
Ervin J. Barchenger,
Regional Director, Mid-Continent Region.
[FR Doc. 2011-10142 Filed 4-26-11; 8:45 am]
BILLING CODE 4310-05-P