Wyoming Regulatory Program, 36040-36042 [2011-15400]

Download as PDF 36040 Federal Register / Vol. 76, No. 119 / Tuesday, June 21, 2011 / Proposed Rules Requirements for Legal, Financial, Compliance, and Related Information), 2.04 (Application for Permit for Surface Coal Mining and Reclamation Operations: Minimum Requirements for Information on Environmental Resources), 2.05 (Application for Permit for Surface Coal Mining and Reclamation Operations: Minimum Requirements for Operation and Reclamation Plans), 2.07 (Public Participation and Approval of Permit Applications), 2.08 (Permit Review, Revisions and Renewals and Transfer, Sale and Assignment), 2.11 (Challenging Ownership or Control Listings and Findings), 4.03 (Roads), 4.05 (Hydrologic Balance), 4.06 (Topsoil), 4.07 (Sealing of Drilled Holes and Underground Openings), 4.08 (Use of Explosives), 4.14 (Backfilling and Grading), 4.15 (Revegetation), 4.16 (Postmining Land Use), 4.20 (Subsidence Control), 4.25 (Operations on Prime Farmland), 5.03 (Enforcement), and 5.06 (Alternative Enforcement). Additionally, Colorado proposes revisions to and additions of definitions supporting those proposed rule changes. 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 Colorado program. wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 Electronic or Written Comments Send your written comments to OSM at the addresses given above. Your comments should be specific, pertain only to the issues proposed in this rulemaking, and include explanations in support of your 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 will not consider or respond to your comments when developing the final rule if they are received after the close of the comment period (see Dates). We will make every attempt to log all comments into the administrative record, but comments delivered to an address other than the Denver Field Division may not be logged in. VerDate Mar<15>2010 15:17 Jun 20, 2011 Jkt 223001 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 4:00 p.m., mountain standard time on July 6, 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 the hearing. To assist the transcriber and ensure an accurate record, we request, if possible, that each person who speaks at a public hearing provide us with a written copy of his or her comments. The public hearing will continue on the specified date until everyone scheduled to speak has been given an opportunity to be heard. If you are in the audience and have not been scheduled to speak and wish to do so, you will be allowed to speak after those who have been scheduled. We will end the hearing after everyone scheduled to speak and others present in the audience who wish to speak, have been heard. Public Meeting If 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. PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 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 926 Intergovernmental relations, Surface mining, Underground mining. Dated: April 25, 2011. Allen D. Klein, Director, Western Region. [FR Doc. 2011–15397 Filed 6–20–11; 8:45 am] BILLING CODE 4310–05–P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 950 [SATS No. WY–040–FOR; Docket ID OSM– 2011–0004] Wyoming Regulatory Program Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment. AGENCY: We are announcing receipt of a proposed amendment to the Wyoming regulatory program (hereinafter, the ‘‘Wyoming program’’) under the Surface Mining Control and Reclamation Act of 1977 (‘‘SMCRA’’ or ‘‘the Act’’). Wyoming proposes revisions and additions to rules concerning noncoal mine waste, valid existing rights, and individual civil penalties. Wyoming intends to revise its program to be consistent with the corresponding Federal regulations and SMCRA, clarify ambiguities, and improve operational efficiency. This document gives the times and locations that the Wyoming program and proposed amendment to that program are available for your SUMMARY: E:\FR\FM\21JNP1.SGM 21JNP1 wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 Federal Register / Vol. 76, No. 119 / Tuesday, June 21, 2011 / Proposed Rules 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 4:00 p.m., M.D.T. July 21, 2011. If requested, we will hold a public hearing on the amendment on July 18, 2011. We will accept requests to speak until 4 p.m., M.D.T. on July 6, 2011. ADDRESSES: You may submit comments by either of the following two methods: • Federal eRulemaking Portal: http:// www.regulations.gov. This proposed rule has been assigned Docket ID: OSM– 2011–0004. If you would like to submit comments through the Federal eRulemaking Portal, go to http:// www.regulations.gov and follow the instructions. • Mail/Hand Delivery/Courier: Jeffrey Fleischman, Director, Casper Field Office, Office of Surface Mining Reclamation and Enforcement, Dick Cheney Federal Building, POB 11018, 150 East B Street, Casper, Wyoming 82601–1018. For detailed instructions on submitting comments and additional information on the rulemaking process, see III. Public Comment Procedures in the SUPPLEMENTARY INFORMATION section of this document. In addition to viewing the docket and obtaining copies of documents at http:// www.regulations.gov, you may review copies of the Wyoming program, this amendment, a listing of any scheduled public hearings, and all written comments received in response to this document, may be obtained at the addresses listed below during normal business hours, Monday through Friday, excluding holidays. You may also receive one free copy of the amendment by contacting OSM’s Casper Field Office. Jeffrey Fleischman, Director, Casper Field Office, Office of Surface Mining Reclamation and Enforcement, Dick Cheney Federal Building, POB 11018, 150 East B Street, Casper, Wyoming 82601–1018, (307) 261–6547, jfleischman@osmre.gov. John V. Corra, Director, Wyoming Department of Environmental Quality, Herschler Building, 122 West 25th Street, Cheyenne, Wyoming 82002, (307) 777–7046, jcorra@wyo.gov. FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Telephone: (307) 261–6547. Internet: jfleischman@osmre.gov. SUPPLEMENTARY INFORMATION: I. Background on the Wyoming Program VerDate Mar<15>2010 15:17 Jun 20, 2011 Jkt 223001 II. Description of the Proposed Amendment III. Public Comment Procedures IV. Procedural Determinations I. Background on the Wyoming 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 State 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 Wyoming program on November 26, 1980. You can find background information on the Wyoming program, including the Secretary’s findings, the disposition of comments, and the conditions of approval of the Wyoming program in the November 26, 1980, Federal Register (45 FR 78637). You can also find later actions concerning Wyoming’s program and program amendments at 30 CFR 950.12, 950.15, 950.16, and 950.20. II. Description of the Proposed Amendment By letter dated April 28, 2011, Wyoming sent us a proposed amendment to its approved regulatory program (Administrative Record Docket ID No. OSM–2011–0004) under SMCRA (30 U.S.C. 1201 et seq.). Wyoming submitted the amendment partly in response to a February 13, 2008, letter that we sent to Wyoming notifying them that OSM’s December 17, 1999, Valid Existing Rights (VER) rule changes had been upheld in court and the State should respond to our April 2, 2001, letter sent in accordance with 30 CFR 732.17(c). That letter required Wyoming to submit amendments to ensure its program remains consistent with the Federal program. This amendment package is intended to address all required rule changes pertaining to VER. Wyoming also submitted the proposed amendment to address required program amendments at 30 CFR 950.16(r), (s), and (t), respectively, and deficiencies identified in a November 7, 1988, letter we sent in accordance with 30 CFR 732.17(c). These included changes to Wyoming’s rules for noncoal mine waste, and individual civil penalties. Specifically, Wyoming proposes to amend the Land Quality Division Coal Rules and Regulations at Chapter 2, PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 36041 Section 2(a)(v)(A) and 2(a)(v)(A)(II) (adjudication requirements for noncoal mine waste); Chapter 2, Section 5(a)(xx) and (xxi) (permit application plans for the management and disposal of noncoal mine waste); Chapter 4, Section 2(c)(xiii) (general environmental protection performance standards for noncoal mine waste); Chapter 7, Section 1(a) (underground coal mining permit application content requirements); Chapter 7, Section 2(b) (applicability of noncoal mine waste management and performance standards to underground mining operations); Chapter 1, Section 2(fl) (definition of VER and the applicable standards and procedures used to evaluate VER claims); Chapter 10, Section 2(a), (b)(xiii) and 3(c)(iv) (clarifying language regarding the operation of VER in relation to coal exploration activities); Chapter 12, Section 1(a)(v)–(xi) (VER determination and permitting procedures); and Chapter 16, Section 4 (procedural mechanisms related to the assessment of individual civil penalties). The full text of the program amendment is available for you to read at the locations listed above under ADDRESSES. 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 Wyoming program. Electronic or Written Comments If you submit written comments, they should be specific, confined to issues pertinent to the proposed regulations, and explain the reason for any recommended change(s). We appreciate any and all comments, but those most useful and likely to influence decisions on the final regulations will be those that either involve personal experience or include citations to and analyses of SMCRA, its legislative history, its implementing regulations, case law, other pertinent Tribal or Federal laws or regulations, technical literature, or other relevant publications. We cannot ensure that comments received after the close of the comment period (see DATES) or sent to an address other than those listed above (see ADDRESSES) will be included in the docket for this rulemaking and considered. Public Availability of Comments Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that E:\FR\FM\21JNP1.SGM 21JNP1 36042 Federal Register / Vol. 76, No. 119 / Tuesday, June 21, 2011 / Proposed Rules your entire comment—including your personal identifying information—may be made publicly available in the electronic docket for this rulemaking at http://www.regulations.gov. 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. determinations and certifications required by the various laws and executive orders governing the rulemaking process and include them in the final rule. Public Hearing Dated: May 9, 2011. Allen D. Klein, Director, Western Region. If you wish to speak at the public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., M.D.T. on July 6, 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 the hearing. If only one person expresses an interest, a public meeting rather than a hearing may be held, with the results included in the docket for this rulemaking. To assist the transcriber and ensure an accurate record, we request, if possible, that each person who speaks at a public hearing provide us with a written copy of his or her comments. The public hearing will continue on the specified date until everyone scheduled to speak has been given an opportunity to be heard. If you are in the audience and have not been scheduled to speak and wish to do so, you will be allowed to speak after those who have been scheduled. We will end the hearing after everyone scheduled to speak and others present in the audience who wish to speak, have been heard. 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. wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 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 VerDate Mar<15>2010 15:17 Jun 20, 2011 Jkt 223001 List of Subjects in 30 CFR Part 950 Intergovernmental relations, Surface mining, Underground mining. [FR Doc. 2011–15400 Filed 6–20–11; 8:45 am] BILLING CODE 4310–05–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 [EPA–HQ–OAR–2009–0443; FRL–9321–2] EPA Responses to State and Tribal 2008 Lead Designation Recommendations: Notice of Availability and Public Comment Period Environmental Protection Agency (EPA). ACTION: Notice of availability and public comment period. AGENCY: Notice is hereby given that the EPA has posted its responses to State and tribal designation recommendations for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS) on its Internet Web site. The EPA invites public comments on its responses during the comment period specified in the DATES section. The EPA sent responses directly to the states and tribes on or about June 15, 2011, and intends to make final designation determinations for the 2008 Pb NAAQS by October 14, 2011. DATES: Comments must be received on or before July 21, 2011. Please refer to SUPPLEMENTARY INFORMATION for additional information on the comment period. ADDRESSES: Submit your comments, identified by Docket ID No. OAR–2009– 0443, by one of the following methods: • http://www.regulations.gov. Follow the online instructions for submitting comments. • E-mail: a-and-r-docket@epa.gov. Attention Docket ID No. EPA–HQ–OAR– 2009–0443. • Fax: 202–566–9744. Attention Docket ID No. EPA–HQ–OAR–2009– 0443. • Mail: Air Docket, Attention Docket ID No. EPA–HQ–OAR–2009–0443, Environmental Protection Agency, Mail SUMMARY: PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 Code: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. • Hand Delivery: EPA Docket Center, 1301 Constitution Avenue, NW., Room 3334, Washington, DC. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–HQ–OAR–2009– 0443. The EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be confidential business information or other information whose disclosure is restricted by statute. Do not submit information that you consider to be confidential business information or otherwise protected through http:// www.regulations.gov or e-mail. The http://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to the EPA without going through http:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If the EPA is unable to read your comment and cannot contact you for clarification due to technical difficulties, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about the EPA’s public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/ dockets.htm. For additional instructions on submitting comments, go to Section II of the SUPPLEMENTARY INFORMATION section of this document. Docket: All documents in the docket are listed in the http:// www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., confidential business information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be E:\FR\FM\21JNP1.SGM 21JNP1

Agencies

[Federal Register Volume 76, Number 119 (Tuesday, June 21, 2011)]
[Proposed Rules]
[Pages 36040-36042]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15400]


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

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 950

[SATS No. WY-040-FOR; Docket ID OSM-2011-0004]


Wyoming 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 are announcing receipt of a proposed amendment to the 
Wyoming regulatory program (hereinafter, the ``Wyoming program'') under 
the Surface Mining Control and Reclamation Act of 1977 (``SMCRA'' or 
``the Act''). Wyoming proposes revisions and additions to rules 
concerning noncoal mine waste, valid existing rights, and individual 
civil penalties. Wyoming intends to revise its program to be consistent 
with the corresponding Federal regulations and SMCRA, clarify 
ambiguities, and improve operational efficiency.
    This document gives the times and locations that the Wyoming 
program and proposed amendment to that program are available for your

[[Page 36041]]

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 4:00 
p.m., M.D.T. July 21, 2011. If requested, we will hold a public hearing 
on the amendment on July 18, 2011. We will accept requests to speak 
until 4 p.m., M.D.T. on July 6, 2011.

ADDRESSES: You may submit comments by either of the following two 
methods:
     Federal eRulemaking Portal: 
http:[sol][sol]www.regulations.gov. This proposed rule has been 
assigned Docket ID: OSM-2011-0004. If you would like to submit comments 
through the Federal eRulemaking Portal, go to 
http:[sol][sol]www.regulations.gov and follow the instructions.
     Mail/Hand Delivery/Courier: Jeffrey Fleischman, Director, 
Casper Field Office, Office of Surface Mining Reclamation and 
Enforcement, Dick Cheney Federal Building, POB 11018, 150 East B 
Street, Casper, Wyoming 82601-1018.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see III. Public Comment 
Procedures in the SUPPLEMENTARY INFORMATION section of this document.
    In addition to viewing the docket and obtaining copies of documents 
at http:[sol][sol]www.regulations.gov, you may review copies of the 
Wyoming program, this amendment, a listing of any scheduled public 
hearings, and all written comments received in response to this 
document, may be obtained at the addresses listed below during normal 
business hours, Monday through Friday, excluding holidays. You may also 
receive one free copy of the amendment by contacting OSM's Casper Field 
Office.
    Jeffrey Fleischman, Director, Casper Field Office, Office of 
Surface Mining Reclamation and Enforcement, Dick Cheney Federal 
Building, POB 11018, 150 East B Street, Casper, Wyoming 82601-1018, 
(307) 261-6547, jfleischman@osmre.gov.
    John V. Corra, Director, Wyoming Department of Environmental 
Quality, Herschler Building, 122 West 25th Street, Cheyenne, Wyoming 
82002, (307) 777-7046, jcorra@wyo.gov.

FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Telephone: (307) 
261-6547. Internet: jfleischman@osmre.gov.

SUPPLEMENTARY INFORMATION:

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

I. Background on the Wyoming 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 State 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 Wyoming program on November 26, 1980. You 
can find background information on the Wyoming program, including the 
Secretary's findings, the disposition of comments, and the conditions 
of approval of the Wyoming program in the November 26, 1980, Federal 
Register (45 FR 78637). You can also find later actions concerning 
Wyoming's program and program amendments at 30 CFR 950.12, 950.15, 
950.16, and 950.20.

II. Description of the Proposed Amendment

    By letter dated April 28, 2011, Wyoming sent us a proposed 
amendment to its approved regulatory program (Administrative Record 
Docket ID No. OSM-2011-0004) under SMCRA (30 U.S.C. 1201 et seq.). 
Wyoming submitted the amendment partly in response to a February 13, 
2008, letter that we sent to Wyoming notifying them that OSM's December 
17, 1999, Valid Existing Rights (VER) rule changes had been upheld in 
court and the State should respond to our April 2, 2001, letter sent in 
accordance with 30 CFR 732.17(c). That letter required Wyoming to 
submit amendments to ensure its program remains consistent with the 
Federal program. This amendment package is intended to address all 
required rule changes pertaining to VER. Wyoming also submitted the 
proposed amendment to address required program amendments at 30 CFR 
950.16(r), (s), and (t), respectively, and deficiencies identified in a 
November 7, 1988, letter we sent in accordance with 30 CFR 732.17(c). 
These included changes to Wyoming's rules for noncoal mine waste, and 
individual civil penalties.
    Specifically, Wyoming proposes to amend the Land Quality Division 
Coal Rules and Regulations at Chapter 2, Section 2(a)(v)(A) and 
2(a)(v)(A)(II) (adjudication requirements for noncoal mine waste); 
Chapter 2, Section 5(a)(xx) and (xxi) (permit application plans for the 
management and disposal of noncoal mine waste); Chapter 4, Section 
2(c)(xiii) (general environmental protection performance standards for 
noncoal mine waste); Chapter 7, Section 1(a) (underground coal mining 
permit application content requirements); Chapter 7, Section 2(b) 
(applicability of noncoal mine waste management and performance 
standards to underground mining operations); Chapter 1, Section 2(fl) 
(definition of VER and the applicable standards and procedures used to 
evaluate VER claims); Chapter 10, Section 2(a), (b)(xiii) and 3(c)(iv) 
(clarifying language regarding the operation of VER in relation to coal 
exploration activities); Chapter 12, Section 1(a)(v)-(xi) (VER 
determination and permitting procedures); and Chapter 16, Section 4 
(procedural mechanisms related to the assessment of individual civil 
penalties). The full text of the program amendment is available for you 
to read at the locations listed above under ADDRESSES.

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 Wyoming program.

Electronic or Written Comments

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

Public Availability of Comments

    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that

[[Page 36042]]

your entire comment--including your personal identifying information--
may be made publicly available in the electronic docket for this 
rulemaking at http://www.regulations.gov. 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., M.D.T. on July 
6, 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 the hearing. If only one 
person expresses an interest, a public meeting rather than a hearing 
may be held, with the results included in the docket for this 
rulemaking.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at a public hearing 
provide us with a written copy of his or her comments. The public 
hearing will continue on the specified date until everyone scheduled to 
speak has been given an opportunity to be heard. If you are in the 
audience and have not been scheduled to speak and wish to do so, you 
will be allowed to speak after those who have been scheduled. We will 
end the hearing after everyone scheduled to speak and others present in 
the audience who wish to speak, have been heard.

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 950

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: May 9, 2011.
Allen D. Klein,
Director, Western Region.
[FR Doc. 2011-15400 Filed 6-20-11; 8:45 am]
BILLING CODE 4310-05-P