Utah Regulatory Program, 54491-54493 [2012-21857]

Download as PDF Federal Register / Vol. 77, No. 172 / Wednesday, September 5, 2012 / Proposed Rules 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 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. tkelley on DSK3SPTVN1PROD with PROPOSALS 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 September 20, 2012. 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 and, if possible, we will post notices of meetings at the locations listed under ADDRESSES. We will make a written summary of each meeting a part of the administrative record. IV. Procedural Determinations Executive Order 12866—Regulatory Planning and Review This rule is exempted from review by the Office of Management and Budget (OMB) under Executive Order 12866. VerDate Mar<15>2010 16:17 Sep 04, 2012 Jkt 226001 Other Laws and Executive Orders Affecting Rulemaking When a State submits a program amendment to OSM for review, our regulations at 30 CFR 732.17(h) require us to publish a notice in the Federal Register indicating receipt of the proposed amendment, its text or a summary of its terms, and an opportunity for public comment. We conclude our review of the proposed amendment after the close of the public comment period and determine whether the amendment should be approved, approved in part, or not approved. At that time, we will also make the determinations and certifications required by the various laws and executive orders governing the rulemaking process and include them in the final rule. List of Subjects in 30 CFR Part 901 Intergovernmental relations, Surface mining, Underground mining. Dated: June 29, 2012. Ervin J. Barchenger, Regional Director, Mid-Continent Region. [FR Doc. 2012–21864 Filed 9–4–12; 8:45 am] BILLING CODE 4310–05–P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 944 [SATS No. UT–049–FOR; Docket ID OSM– 2012–0015] Utah 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 Utah regulatory program (hereinafter, the ‘‘Utah program’’) under the Surface Mining Control and Reclamation Act of 1977 (‘‘SMCRA’’ or ‘‘the Act’’). Utah proposes revisions and additions of rules pertaining to ownership and control. Utah intends to revise its program to be consistent with the corresponding Federal regulations. This document gives the times and locations that the Utah program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested. SUMMARY: PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 54491 We will accept written comments on this amendment until 4 p.m., m.d.t. October 5, 2012. If requested, we will hold a public hearing on the amendment on October 1, 2012. We will accept requests to speak until 4 p.m., m.d.t. on September 20, 2012. 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– 2012–0015. If you would like to submit comments through the Federal eRulemaking Portal, go to www.regulations.gov and do the following. Click in the SEARCH box and type in Docket ID ‘‘OSM–2012–0015’’ then click the ‘‘Search’’ button. The next screen will display the Docket Search Results for the rulemaking. You may comment from this screen by clicking the ‘‘Comment Now!’’ button. If you click on ‘‘OSM–2012–0015,’’ you can view the proposed rule as well as supporting material and any comments submitted by others. • Mail/Hand Delivery/Courier: Kenneth Walker, Chief, Denver Field Division, Office of Surface Mining Reclamation and Enforcement, 1999 Broadway, Suite 3320, Denver, CO 80202. 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 Utah 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, CO 80202, (303) 293–5012, kwalker@OSMRE.gov. John R. Baza, Director, Utah Division of Oil, Gas and Mining, 1594 West North Temple, Suite 1210, Salt Lake City, UT 84116, (801) 538–5334, johnbaza@utah.gov. DATES: FOR FURTHER INFORMATION CONTACT: Kenneth Walker, Telephone: (303) 293– 5012, Internet: kwalker@OSMRE.gov. SUPPLEMENTARY INFORMATION: E:\FR\FM\05SEP1.SGM 05SEP1 54492 Federal Register / Vol. 77, No. 172 / Wednesday, September 5, 2012 / Proposed Rules Table of Contents I. Background on the Utah Program II. Description of the Proposed Amendment III. Public Comment Procedures IV. Procedural Determinations tkelley on DSK3SPTVN1PROD with PROPOSALS I. Background on the Utah 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 Utah program on January 21, 1981. You can find background information on the Utah program, including the Secretary’s findings, the disposition of comments, and the conditions of approval of the Utah program in the January 21, 1981, Federal Register (46 FR 5899). You can also find later actions concerning Utah’s program and program amendments at 30 CFR 944.15 and 944.30. II. Description of the Proposed Amendment By letter dated June 25, 2012, Utah sent us a proposed amendment to its program (Administrative Record Document ID No. OSM–2012–0015– 0002) under SMCRA (30 U.S.C. 1201 et seq.). Utah sent the amendment in response to our October 2, 2009, letter (Administrative Record Document ID No. OSM–2012–0015–0003) sent in accordance with 30 CFR 732.17(c). The full text of the program amendment is available for you to read at the locations listed above under ADDRESSES. The provisions of the Utah Administrative Code that Utah proposes to revise, delete and/or add are: R645– 100–200, Definitions of Applicant/ Violator System (AVS); Control or Controller; Knowingly; Knowing or Knowingly; Owned or Controlled; Own, Owner, or Ownership; Transfer, Assignment, or Sale of Permit Rights; Violation; Violation Notice; Willful or Willfully; Willful Violation; R645–300– 132 through –132.520.3, Review of compliance and entry of information into the AVS; R645–300–148.100, Updating personnel info; R645–300– 161, Review procedures and preliminary findings on improvidently issued permits; R645–300–162 and –162.300 through –162.320, Review VerDate Mar<15>2010 16:17 Sep 04, 2012 Jkt 226001 criteria for improvidently issued permits; R645–300–164 through –164.200, Rescission procedures for improvidently issued permits; R645– 300–171 through –173, Certifying and updating existing permit application information; R645–300–180 through –185, Post permit issuance requirements for the Division and other actions based on ownership, control, and violation information; R645–301–111.400, Applicant submittal requirements; R645–301–111.500 Division AVS data entry requirements; R645–301–112 through –112.420, Identification of interests; R645–301–113.100, –113.120, –113.300, and –113.340 through –113.360, Violation information required in a permit application; R645– 302–240 through –242, –245.210, and –245.300, Permit application requirements for auger mining and remining operations; R645–301–245.410 through –245.420, auger mining and remining backfilling and grading requirements; R645–303–310, Transfer, assignment, or sale of permit rights; R645–400–319, Cessation order notification procedures; R645–403–100 through –133, Criminal penalties and civil actions. 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 Utah 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, email address, or other personal identifying information in your PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at anytime. 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 September 20, 2012. 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 and, if possible, we will post notices of meetings at the locations listed under ADDRESSES. We will make a written summary of each meeting a part of the administrative record. IV. Procedural Determinations Executive Order 12866—Regulatory Planning and Review This rule is exempted from review by the Office of Management and Budget (OMB) under Executive Order 12866 (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 E:\FR\FM\05SEP1.SGM 05SEP1 Federal Register / Vol. 77, No. 172 / Wednesday, September 5, 2012 / Proposed Rules 33 CFR Part 110 (3) Mail or Delivery: 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. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. The telephone number is 202– 366–9329. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for further instructions on submitting comments. To avoid duplication, please use only one of these three methods. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email BM1 William M. Ferretti, Waterways Management Branch, First Coast Guard District, telephone 617– 223–8221, email William.M.Ferretti@uscg.mil; or Lieutenant Isaac M. Slavitt, Waterways Management Branch, First Coast Guard District, telephone 617–223–8385, email Isaac.M.Slavitt@uscg.mil. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: [Docket Number USCG–2012–0172] Table of Acronyms RIN 1625–AA01 DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking 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 944 Intergovernmental relations, Surface mining, Underground mining. Dated: July 2, 2012. Billie E. Clark, Acting Director, Western Region. [FR Doc. 2012–21857 Filed 9–4–12; 8:45 am] BILLING CODE 4310–05–P DEPARTMENT OF HOMELAND SECURITY Coast Guard Special Anchorage Area; Stockton Springs, ME Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to establish a special anchorage area in Stockton Springs, Maine. This proposed action is necessary to facilitate safe navigation in that area and provide safe and secure anchorages for vessels not more than 20 meters in length. This action is intended to increase the safety of life and property in Stockton Springs, improve the safety of anchored vessels, and provide for the overall safe and efficient flow of vessel traffic and commerce. SUMMARY: Comments and related material must be received by the Coast Guard on or before November 5, 2012. Requests for public meetings must be received by the Coast Guard on or before September 26, 2012. ADDRESSES: You may submit comments identified by docket number using any one of the following methods: (1) Federal eRulemaking Portal: https://www.regulations.gov. (2) Fax: 202–493–2251. tkelley on DSK3SPTVN1PROD with PROPOSALS DATES: VerDate Mar<15>2010 16:17 Sep 04, 2012 Jkt 226001 A. 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. 1. Submitting Comments If you submit a comment, please include the docket number for this rulemaking, 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 at https:// www.regulations.gov, or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 54493 Management Facility. We recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to https://www.regulations.gov, type the docket number [USCG–2012–0172] in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on ‘‘Submit a Comment’’ on the line associated with this rulemaking. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments. 2. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov, type the docket number (USCG–2012–0172) in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 3. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). 4. Public meeting We do not now plan to hold a public meeting. But, you may submit a request for one on or before September 26, 2012, using one of the methods specified under ADDRESSES. Please explain why you believe a public meeting would be beneficial. If we determine that a public meeting would aid this rulemaking, we will hold one at a time and place E:\FR\FM\05SEP1.SGM 05SEP1

Agencies

[Federal Register Volume 77, Number 172 (Wednesday, September 5, 2012)]
[Proposed Rules]
[Pages 54491-54493]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21857]


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

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 944

[SATS No. UT-049-FOR; Docket ID OSM-2012-0015]


Utah 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 Utah 
regulatory program (hereinafter, the ``Utah program'') under the 
Surface Mining Control and Reclamation Act of 1977 (``SMCRA'' or ``the 
Act''). Utah proposes revisions and additions of rules pertaining to 
ownership and control. Utah intends to revise its program to be 
consistent with the corresponding Federal regulations.
    This document gives the times and locations that the Utah program 
and proposed amendment to that program are available for your 
inspection, the comment period during which you may submit written 
comments on the amendment, and the procedures that we will follow for 
the public hearing, if one is requested.

DATES: We will accept written comments on this amendment until 4 p.m., 
m.d.t. October 5, 2012. If requested, we will hold a public hearing on 
the amendment on October 1, 2012. We will accept requests to speak 
until 4 p.m., m.d.t. on September 20, 2012.

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-2012-0015. If you would 
like to submit comments through the Federal eRulemaking Portal, go to 
www.regulations.gov and do the following. Click in the SEARCH box and 
type in Docket ID ``OSM-2012-0015'' then click the ``Search'' button. 
The next screen will display the Docket Search Results for the 
rulemaking. You may comment from this screen by clicking the ``Comment 
Now!'' button. If you click on ``OSM-2012-0015,'' you can view the 
proposed rule as well as supporting material and any comments submitted 
by others.
     Mail/Hand Delivery/Courier: Kenneth Walker, Chief, Denver 
Field Division, Office of Surface Mining Reclamation and Enforcement, 
1999 Broadway, Suite 3320, Denver, CO 80202.
    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 Utah 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, CO 
80202, (303) 293-5012, kwalker@OSMRE.gov.
John R. Baza, Director, Utah Division of Oil, Gas and Mining, 1594 West 
North Temple, Suite 1210, Salt Lake City, UT 84116, (801) 538-5334, 
johnbaza@utah.gov.

FOR FURTHER INFORMATION CONTACT: Kenneth Walker, Telephone: (303) 293-
5012, Internet: kwalker@OSMRE.gov.

SUPPLEMENTARY INFORMATION: 

[[Page 54492]]

Table of Contents

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

I. Background on the Utah 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 Utah program on January 21, 1981. You can 
find background information on the Utah program, including the 
Secretary's findings, the disposition of comments, and the conditions 
of approval of the Utah program in the January 21, 1981, Federal 
Register (46 FR 5899). You can also find later actions concerning 
Utah's program and program amendments at 30 CFR 944.15 and 944.30.

II. Description of the Proposed Amendment

    By letter dated June 25, 2012, Utah sent us a proposed amendment to 
its program (Administrative Record Document ID No. OSM-2012-0015-0002) 
under SMCRA (30 U.S.C. 1201 et seq.). Utah sent the amendment in 
response to our October 2, 2009, letter (Administrative Record Document 
ID No. OSM-2012-0015-0003) sent in accordance with 30 CFR 732.17(c). 
The full text of the program amendment is available for you to read at 
the locations listed above under ADDRESSES.
    The provisions of the Utah Administrative Code that Utah proposes 
to revise, delete and/or add are: R645-100-200, Definitions of 
Applicant/Violator System (AVS); Control or Controller; Knowingly; 
Knowing or Knowingly; Owned or Controlled; Own, Owner, or Ownership; 
Transfer, Assignment, or Sale of Permit Rights; Violation; Violation 
Notice; Willful or Willfully; Willful Violation; R645-300-132 through -
132.520.3, Review of compliance and entry of information into the AVS; 
R645-300-148.100, Updating personnel info; R645-300-161, Review 
procedures and preliminary findings on improvidently issued permits; 
R645-300-162 and -162.300 through -162.320, Review criteria for 
improvidently issued permits; R645-300-164 through -164.200, Rescission 
procedures for improvidently issued permits; R645-300-171 through -173, 
Certifying and updating existing permit application information; R645-
300-180 through -185, Post permit issuance requirements for the 
Division and other actions based on ownership, control, and violation 
information; R645-301-111.400, Applicant submittal requirements; R645-
301-111.500 Division AVS data entry requirements; R645-301-112 through 
-112.420, Identification of interests; R645-301-113.100, -113.120, -
113.300, and -113.340 through -113.360, Violation information required 
in a permit application; R645-302-240 through -242, -245.210, and -
245.300, Permit application requirements for auger mining and remining 
operations; R645-301-245.410 through -245.420, auger mining and 
remining backfilling and grading requirements; R645-303-310, Transfer, 
assignment, or sale of permit rights; R645-400-319, Cessation order 
notification procedures; R645-403-100 through -133, Criminal penalties 
and civil actions.

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 Utah 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, 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 at anytime. 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 
September 20, 2012. 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 and, if possible, we will post notices of 
meetings at the locations listed under ADDRESSES. We will make a 
written summary of each meeting a part of the administrative record.

IV. Procedural Determinations

Executive Order 12866--Regulatory Planning and Review

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866 (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

[[Page 54493]]

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 944

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: July 2, 2012.
Billie E. Clark,
Acting Director, Western Region.
[FR Doc. 2012-21857 Filed 9-4-12; 8:45 am]
BILLING CODE 4310-05-P

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