Alaska Regulatory Program, 67635-67637 [2011-28436]
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Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Proposed Rules
Regulatory Findings
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would not have a
substantial direct effect on the States, on
the relationship between the national
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
3. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this proposed AD and placed it in the
AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
Dassault Aviation: Docket No. FAA–2011–
1166; Directorate Identifier 2010–NM–
169–AD.
Comments Due Date
(a) We must receive comments by
December 19, 2011.
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Affected ADs
(b) None.
Applicability
(c) This AD applies to Dassault Aviation
Model Mystere-Falcon 50 airplanes, all serial
numbers, certificated in any category.
Subject
(d) Air Transport Association (ATA) of
America Code 57: Wings.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
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*
*
*
*
*
Cracking of the flap tracks could lead to flap
asymmetry and loss of control of the
airplane.
Compliance
(f) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Actions
(g) Within 30 days after the effective date
of the AD, revise the maintenance program to
include Dassault Aviation, Falcon 50/50EX
Maintenance Manual, Non-Destructive Check
of Flap Tracks 2 and 5, 57–607, dated January
2009 (commonly referred to as Dassault
Falcon 50/50EX Maintenance Procedure 57–
607, Non-Destructive Check of Flap Tracks 2
and 5, of Chapter 5–40 Airworthiness
Limitations, of the Dassault Falcon 50/50EX
Maintenance Manual, Revision 21, dated
June 2011). The initial compliance time for
doing the check is prior to the accumulation
of 7,900 total flight cycles or within 600
flight cycles after the effective date of this
AD, whichever occurs later.
No Alternative Actions or Intervals
(h) After accomplishing the revision
required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) or
intervals may be used unless the actions or
intervals are approved as an alternative
method of compliance (AMOC) in
accordance with the procedures specified in
paragraph (i)(1) of this AD.
lacking a principal inspector, the manager of
the local flight standards district office/
certificate holding district office. The AMOC
approval letter must specifically reference
this AD.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
Related Information
(j) Refer to MCAI European Aviation Safety
Agency (EASA) Airworthiness Directive
2010–0080, dated April 29, 2010; and
Dassault Aviation, Falcon 50/50EX
Maintenance Manual, Non-Destructive Check
of Flap Tracks 2 and 5, 57–607, dated January
2009 (commonly referred to as Dassault
Falcon 50/50EX Maintenance Procedure 57–
607, Non-Destructive Check of Flap Tracks 2
and 5, of Chapter 5–40 Airworthiness
Limitations, of the Dassault Falcon 50/50EX
Maintenance Manual, Revision 21, dated
June 2011); for related information.
Issued in Renton, Washington, on October
21, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2011–28362 Filed 11–1–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 902
FAA AD Differences
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
The Maintenance Procedure (MP) 57–607,
related to non destructive check of the flap
tracks 2 and 5, has been introduced thru
revision 4 (01/2009) of section 5–10 of the
Recommended Maintenance Schedules
chapter of the Aircraft Maintenance
Documentation.
After the implementation of this MP cracks
have been detected in service.
67635
[SATS No. AK–007–FOR; Docket ID OSM–
2011–0017]
Note 1: This AD differs from the MCAI
and/or service information as follows:
No difference.
Alaska Regulatory Program
Other FAA AD Provisions
(i) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, Transport Airplane
Directorate, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the International Branch, send it to Attn:
Tom Rodriguez, Aerospace Engineer,
International Branch, ANM–116, Transport
Airplane Directorate, FAA, 1601 Lind
Avenue SW., Renton, Washington 98057–
3356; phone: (425) 227-–1137; fax: (425) 227–
1149. Information may be emailed to:
9-ANM-116-AMOC-REQUESTS@faa.gov.
Before using any approved AMOC, notify
your appropriate principal inspector, or
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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 Alaska
regulatory program (hereinafter, the
‘‘Alaska program’’) under the Surface
Mining Control and Reclamation Act of
1977 (‘‘SMCRA’’ or ‘‘the Act’’). Alaska
intends to revise its rules to be
consistent with the corresponding
Federal regulations and to conform to
the drafting manual for the State of
Alaska.
This document gives the times and
locations that the Alaska program and
proposed amendment to that program
are available for your inspection, the
comment period during which you may
SUMMARY:
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67636
Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Proposed Rules
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., m.d.t. December 2, 2011. If
requested, we will hold a public hearing
on the amendment on November 28,
2011. We will accept requests to speak
until 4 p.m., m.d.t. on November 17,
2011.
You may submit comments
by either of the following two methods:
• Federal eRulemaking Portal:
www.regulations.gov. This proposed
rule has been assigned Docket ID: OSM–
2011–0017. If you would like to submit
comments through the Federal
eRulemaking Portal, go to
www.regulations.gov and follow the
instructions.
• Mail/Hand Delivery/Courier:
Kenneth Walker, Chief, Denver Field
Division, Office of Surface Mining
Reclamation and Enforcement, 1999
Broadway, Suite 3320, Denver, Colorado
80201–3050.
For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see the ‘‘III. Public Comment
Procedures’’ in the SUPPLEMENTARY
INFORMATION section of this document.
In addition to viewing the docket and
obtaining copies of documents at
www.regulations.gov, you may review
copies of the Alaska program, this
amendment, a listing of any public
hearings, and all written comments
received in response to this document 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
Denver Office.
Kenneth Walker, Chief, Denver Field
Division, Office of Surface Mining
Reclamation and Enforcement, 1999
Broadway, Suite 3320, Denver,
Colorado, (303) 293–5012,
kwalker@osmre.gov.
Russell Kirkham, Manager, Alaska Coal
Regulatory Program, Division of
Mining, Land and Water, Department
of Natural Resources, 550 West 17th
Avenue, Suite 920, Anchorage, Alaska
99501–3650, (907) 269–8650,
russell.kirkham@alaska.gov.
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ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Kenneth Walker, Telephone: (303) 293–
5012. Internet: kwalker@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Alaska Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
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IV. Procedural Determinations
I. Background on the Alaska 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 Alaska
program on March 23, 1983. You can
find background information on the
Alaska program, including the
Secretary’s findings, the disposition of
comments, and conditions of approval
of the Alaska program in the March 23,
1983, Federal Register (48 FR 12274).
You can also find later actions
concerning Alaska’s program and
program amendments at 30 CFR 902.15
and 902.16.
II. Description of the Proposed
Amendment
By letter dated September 8, 2011,
Alaska sent us a proposed amendment
to its program (Administrative Record
Document ID No. OSM–2011–0017
under SMCRA (30 U.S.C. 1201 et seq.).
Alaska sent the amendment to include
changes made at its own initiative and
in response to the required program
amendment at 30 CFR 902.16(a)(14).
The full text of the program amendment
is available for you to read at the
locations listed above under ADDRESSES.
The provisions of the Alaska program
that Alaska proposes to revise are: 11
Alaska Annotated Code (AAC)
90.043(b), concerning water quality
analyses; 11 AAC 90.045(a), (b), (c), and
(d), concerning description of geology;
11 AAC 90.057(a), (b), and (c),
concerning fish and wildlife
information; 11 AAC 90.085(a) and (e),
concerning a plan for protection of
hydrologic balance; 11 AAC
90.089(a)(1), concerning construction
plans for ponds, impoundments, dams,
and embankments; 11 AAC 90.101(a)
through (f), concerning a subsidence
control plan and the definition of
material damage; 11 AAC 90.173(b),
concerning eligibility for assistance
under the small operator assistance
program; 11 AAC 90.179(a) and (b),
concerning data collection that would
be covered by the small operator
assistance program; 11 AAC 90.185(a),
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concerning applicant liability under the
small operator assistance program; 11
AAC 90.201(d), concerning the
requirement to file a reclamation bond;
11 AAC 90.211(a), concerning bond
release procedures and criteria; 11 AAC
90.321(d), (e), and (f), concerning
replacement of water supplies affected
by underground mining activities; 11
AAC 90.323(a), concerning water
quality standards; 11 AAC 90.323(b),
concerning sediment control measures;
11 AAC 90.325(b) and (c) and 11 AAC
90.327(b), concerning stream channel
diversions; 11 AAC 90.331(d),
concerning sedimentation ponds; 11
AAC 90.331(e), concerning removal of
siltation structures; 11 AAC 90.331(h),
concerning the design of other treatment
facilities; 11 AAC 90.336(a), (b), (f), and
(g), concerning impoundment design
and construction; 11 AAC 90.337(a),
concerning impoundment inspection;
11 AAC 90.345(e), concerning
requirements for surface water
monitoring; 11 AAC 90.349, concerning
discharges of water or coal mine waste
into an underground mine working; 11
AAC 90.375(f) and (g), concerning
public notice of blasting; 11 AAC
90.391(n) and (t), concerning disposal of
excess spoil or coal mine waste; 11 AAC
90.395(a), concerning general
requirements for coal mine waste; 11
AAC 90.397(a), concerning inspections
of disposal areas for excess spoil,
underground development waste or coal
processing waste; 11 AAC 90.401(a), (b),
(d), (e), and (f), concerning construction
plans for coal mine waste refuse piles;
11 AAC 90.407(c) and (f), concerning
coal mine waste dams or embankments;
11 AAC 90.423(h), concerning
protection of fish and wildlife; 11 AAC
90.443(a), (k), (l), and (m), concerning
requirements for backfilling and
grading; 11 AAC 90.444(a) and (b),
concerning requirements for backfilling
and grading where there is thick or thin
overburden; 11 AAC 90.447(c),
concerning requirements for auger
mining; 11 AAC 90.457(c), concerning
standards for revegetation success on
areas to be developed for fish and
wildlife habitat, recreation,
undeveloped land, or forest products; 11
AAC 90.461(b), (g), (h), (i), (j), (k), and
(l), concerning subsidence control; 11
AAC 90.491(f), concerning the
requirements for construction and
maintenance of roads; 11 AAC
90.601(h), (i) and (j), concerning
inspections of abandoned sites; 11 AAC
90.629(a), concerning procedures for
assessment conference; 11 AAC
90.631(a), concerning violations and
requests for a public hearing; 11 AAC
90.635(a) and (b), concerning when an
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individual civil penalty may be
assessed; 11 AAC 90.637(a) and (b),
concerning the amount of individual
civil penalty; 11 AAC 90.639(a), (b), and
(c), concerning procedures for
assessment of an individual civil
penalty; 11 AAC 90.641(a), (b), (c), and
(d), concerning payments of an
individual civil penalty; 11 AAC 90.652
through 11 AAC 90.669, concerning
requirements for incidental mining of
coal; 11 AAC 90.701(a), (b), and (c),
concerning the filing of a petition to
designate lands as unsuitable for surface
coal mining operations; 11 AAC
90.901(a), concerning the applicability
of Alaska’s rules to all coal exploration
and surface coal mining and
reclamation operations; 11 AAC
90.911(125), concerning the definition
of ‘‘community or institutional
building;’’ 11 AAC 90.911(126),
concerning the definition of
‘‘cumulative impact area;’’ 11 AAC
90.911(128), concerning the definition
of ‘‘other minerals;’’ 11 AAC
90.911(129), concerning the definition
of ‘‘other treatment facility;’’ 11 AAC
90.911(130), concerning the definition
of ‘‘precipitation event;’’ 11 AAC
90.911(133), concerning the definition
of ‘‘registered professional engineer;’’ 11
AAC 90.911(134), concerning the
definition of ‘‘registered professional
land surveyor;’’ and 11 AAC
90.911(135), concerning the definition
of ‘‘siltation structure.’’
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 Alaska program.
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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 above (see
ADDRESSES) will be included in the
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67637
docket for this rulemaking and
considered.
(OMB) under Executive Order 12866
(Regulatory Planning and Review).
Public Availability of Comments
Before including your address, phone
number, email 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 in the
electronic docket for this rulemaking at
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.
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.
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 November 17, 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
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List of Subjects in 30 CFR Part 902
Intergovernmental relations, Surface
mining, Underground mining.
Dated: September 14, 2011.
Allen D. Klein,
Director, Western Region.
[FR Doc. 2011–28436 Filed 11–1–11; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 948
[SATS No. WV–118–FOR; Docket ID OSM–
2011–0009]
West Virginia Regulatory Program
Office of Surface Mining
Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule with public
comment period and opportunity for
public hearing on proposed amendment.
AGENCY:
We are announcing receipt of
a proposed amendment to the West
Virginia permanent regulatory program
under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the
Act). On May 2, 2011, the West Virginia
Department of Environmental Protection
(WVDEP) submitted a program
amendment to OSM that includes both
statutory and regulatory revisions. That
portion of the amendment dealing with
changes to West Virginia’s Surface
Mining Reclamation Regulations is the
subject of this notice.
DATES: We will accept written
comments on this amendment until
SUMMARY:
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]]>Agencies
[Federal Register Volume 76, Number 212 (Wednesday, November 2, 2011)]
[Proposed Rules]
[Pages 67635-67637]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28436]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 902
[SATS No. AK-007-FOR; Docket ID OSM-2011-0017]
Alaska 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
Alaska regulatory program (hereinafter, the ``Alaska program'') under
the Surface Mining Control and Reclamation Act of 1977 (``SMCRA'' or
``the Act''). Alaska intends to revise its rules to be consistent with
the corresponding Federal regulations and to conform to the drafting
manual for the State of Alaska.
This document gives the times and locations that the Alaska program
and proposed amendment to that program are available for your
inspection, the comment period during which you may
[[Page 67636]]
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.,
m.d.t. December 2, 2011. If requested, we will hold a public hearing on
the amendment on November 28, 2011. We will accept requests to speak
until 4 p.m., m.d.t. on November 17, 2011.
ADDRESSES: You may submit comments by either of the following two
methods:
Federal eRulemaking Portal: www.regulations.gov. This
proposed rule has been assigned Docket ID: OSM-2011-0017. If you would
like to submit comments through the Federal eRulemaking Portal, go to
www.regulations.gov and follow the instructions.
Mail/Hand Delivery/Courier: Kenneth Walker, Chief, Denver
Field Division, Office of Surface Mining Reclamation and Enforcement,
1999 Broadway, Suite 3320, Denver, Colorado 80201-3050.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see the ``III. Public Comment
Procedures'' in the SUPPLEMENTARY INFORMATION section of this document.
In addition to viewing the docket and obtaining copies of documents
at www.regulations.gov, you may review copies of the Alaska program,
this amendment, a listing of any public hearings, and all written
comments received in response to this document 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 Denver Office.
Kenneth Walker, Chief, Denver Field Division, Office of Surface Mining
Reclamation and Enforcement, 1999 Broadway, Suite 3320, Denver,
Colorado, (303) 293-5012, kwalker@osmre.gov.
Russell Kirkham, Manager, Alaska Coal Regulatory Program, Division of
Mining, Land and Water, Department of Natural Resources, 550 West 17th
Avenue, Suite 920, Anchorage, Alaska 99501-3650, (907) 269-8650,
russell.kirkham@alaska.gov.
FOR FURTHER INFORMATION CONTACT: Kenneth Walker, Telephone: (303) 293-
5012. Internet: kwalker@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Alaska Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Alaska 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 Alaska program on March 23, 1983. You can
find background information on the Alaska program, including the
Secretary's findings, the disposition of comments, and conditions of
approval of the Alaska program in the March 23, 1983, Federal Register
(48 FR 12274). You can also find later actions concerning Alaska's
program and program amendments at 30 CFR 902.15 and 902.16.
II. Description of the Proposed Amendment
By letter dated September 8, 2011, Alaska sent us a proposed
amendment to its program (Administrative Record Document ID No. OSM-
2011-0017 under SMCRA (30 U.S.C. 1201 et seq.). Alaska sent the
amendment to include changes made at its own initiative and in response
to the required program amendment at 30 CFR 902.16(a)(14). The full
text of the program amendment is available for you to read at the
locations listed above under ADDRESSES.
The provisions of the Alaska program that Alaska proposes to revise
are: 11 Alaska Annotated Code (AAC) 90.043(b), concerning water quality
analyses; 11 AAC 90.045(a), (b), (c), and (d), concerning description
of geology; 11 AAC 90.057(a), (b), and (c), concerning fish and
wildlife information; 11 AAC 90.085(a) and (e), concerning a plan for
protection of hydrologic balance; 11 AAC 90.089(a)(1), concerning
construction plans for ponds, impoundments, dams, and embankments; 11
AAC 90.101(a) through (f), concerning a subsidence control plan and the
definition of material damage; 11 AAC 90.173(b), concerning eligibility
for assistance under the small operator assistance program; 11 AAC
90.179(a) and (b), concerning data collection that would be covered by
the small operator assistance program; 11 AAC 90.185(a), concerning
applicant liability under the small operator assistance program; 11 AAC
90.201(d), concerning the requirement to file a reclamation bond; 11
AAC 90.211(a), concerning bond release procedures and criteria; 11 AAC
90.321(d), (e), and (f), concerning replacement of water supplies
affected by underground mining activities; 11 AAC 90.323(a), concerning
water quality standards; 11 AAC 90.323(b), concerning sediment control
measures; 11 AAC 90.325(b) and (c) and 11 AAC 90.327(b), concerning
stream channel diversions; 11 AAC 90.331(d), concerning sedimentation
ponds; 11 AAC 90.331(e), concerning removal of siltation structures; 11
AAC 90.331(h), concerning the design of other treatment facilities; 11
AAC 90.336(a), (b), (f), and (g), concerning impoundment design and
construction; 11 AAC 90.337(a), concerning impoundment inspection; 11
AAC 90.345(e), concerning requirements for surface water monitoring; 11
AAC 90.349, concerning discharges of water or coal mine waste into an
underground mine working; 11 AAC 90.375(f) and (g), concerning public
notice of blasting; 11 AAC 90.391(n) and (t), concerning disposal of
excess spoil or coal mine waste; 11 AAC 90.395(a), concerning general
requirements for coal mine waste; 11 AAC 90.397(a), concerning
inspections of disposal areas for excess spoil, underground development
waste or coal processing waste; 11 AAC 90.401(a), (b), (d), (e), and
(f), concerning construction plans for coal mine waste refuse piles; 11
AAC 90.407(c) and (f), concerning coal mine waste dams or embankments;
11 AAC 90.423(h), concerning protection of fish and wildlife; 11 AAC
90.443(a), (k), (l), and (m), concerning requirements for backfilling
and grading; 11 AAC 90.444(a) and (b), concerning requirements for
backfilling and grading where there is thick or thin overburden; 11 AAC
90.447(c), concerning requirements for auger mining; 11 AAC 90.457(c),
concerning standards for revegetation success on areas to be developed
for fish and wildlife habitat, recreation, undeveloped land, or forest
products; 11 AAC 90.461(b), (g), (h), (i), (j), (k), and (l),
concerning subsidence control; 11 AAC 90.491(f), concerning the
requirements for construction and maintenance of roads; 11 AAC
90.601(h), (i) and (j), concerning inspections of abandoned sites; 11
AAC 90.629(a), concerning procedures for assessment conference; 11 AAC
90.631(a), concerning violations and requests for a public hearing; 11
AAC 90.635(a) and (b), concerning when an
[[Page 67637]]
individual civil penalty may be assessed; 11 AAC 90.637(a) and (b),
concerning the amount of individual civil penalty; 11 AAC 90.639(a),
(b), and (c), concerning procedures for assessment of an individual
civil penalty; 11 AAC 90.641(a), (b), (c), and (d), concerning payments
of an individual civil penalty; 11 AAC 90.652 through 11 AAC 90.669,
concerning requirements for incidental mining of coal; 11 AAC
90.701(a), (b), and (c), concerning the filing of a petition to
designate lands as unsuitable for surface coal mining operations; 11
AAC 90.901(a), concerning the applicability of Alaska's rules to all
coal exploration and surface coal mining and reclamation operations; 11
AAC 90.911(125), concerning the definition of ``community or
institutional building;'' 11 AAC 90.911(126), concerning the definition
of ``cumulative impact area;'' 11 AAC 90.911(128), concerning the
definition of ``other minerals;'' 11 AAC 90.911(129), concerning the
definition of ``other treatment facility;'' 11 AAC 90.911(130),
concerning the definition of ``precipitation event;'' 11 AAC
90.911(133), concerning the definition of ``registered professional
engineer;'' 11 AAC 90.911(134), concerning the definition of
``registered professional land surveyor;'' and 11 AAC 90.911(135),
concerning the definition of ``siltation structure.''
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 Alaska 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 above (see ADDRESSES) will be included in the docket for this
rulemaking and considered.
Public Availability of Comments
Before including your address, phone number, email 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 in the electronic docket
for this rulemaking at 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
November 17, 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 (Regulatory Planning and
Review).
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 902
Intergovernmental relations, Surface mining, Underground mining.
Dated: September 14, 2011.
Allen D. Klein,
Director, Western Region.
[FR Doc. 2011-28436 Filed 11-1-11; 8:45 am]
BILLING CODE 4310-05-P
