Wyoming Regulatory Program, 13004-13006 [2013-04376]
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13004
Federal Register / Vol. 78, No. 38 / Tuesday, February 26, 2013 / Proposed Rules
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., EST, on March 13, 2013. If
you are disabled and need reasonable
accommodations to attend a public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT. We
will arrange the location and time of the
hearing with those persons requesting
the hearing. If no one requests an
opportunity to speak, we will not hold
a hearing.
To assist the transcriber and ensure an
accurate record, we request, if possible,
that each person who speaks at the
public hearing provide us with a written
copy of his or her comments. The public
hearing will continue on the specified
date until everyone scheduled to speak
has been given an opportunity to be
heard. If you are in the audience and
have not been scheduled to speak and
wish to do so, you will be allowed to
speak after those who have been
scheduled. We will end the hearing after
everyone scheduled to speak and others
present in the audience who wish to
speak, have been heard.
Public Meeting
If only one person requests an
opportunity to speak, we may hold a
public meeting rather than a public
hearing. If you wish to meet with us to
discuss the amendment, please request
a meeting by contacting the person
listed under FOR FURTHER INFORMATION
CONTACT. All such meetings are open to
the public; if possible, we will post
notices of meetings at the locations
listed under ADDRESSES. We will make
a written summary of each meeting a
part of the administrative record.
IV. Procedural Determinations
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Executive Order 12866—Regulatory
Planning and Review
This rule is exempted from review by
the Office of Management and Budget
(‘‘OMB’’) under Executive Order 12866.
Other Laws and Executive Orders
Affecting Rulemaking
When a State submits a program
amendment to OSM for review, our
regulations at 30 CFR 732.17(h) require
us to publish a notice in the Federal
Register indicating receipt of the
proposed amendment, its text or a
summary of its terms, and an
opportunity for public comment. We
conclude our review of the proposed
amendment after the close of the public
comment period and determine whether
the amendment should be approved,
approved in part, or not approved. At
VerDate Mar<15>2010
14:55 Feb 25, 2013
Jkt 229001
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 938
Intergovernmental relations, Surface
mining, Underground mining.
Dated: January 29, 2013.
Thomas Shope,
Regional Director, Appalachian Region.
[FR Doc. 2013–04373 Filed 2–25–13; 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–045–FOR; Docket ID OSM–
2013–0002]
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:
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 both revisions of
and additions to its coal rules and
regulations concerning ownership and
control, adds a provision concerning
variable topsoil depths during
reclamation, and addresses four
deficiencies that were identified by
OSM during the review of a previous
program amendment (WY–038–FOR;
Docket ID No. OSM–2009–0012).
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
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. March 28, 2013. If
requested, we will hold a public hearing
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Fmt 4702
Sfmt 4702
on the amendment on March 25, 2013.
We will accept requests to speak until
4:00 p.m., m.d.t. on March 13, 2013.
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–
2013–0002. 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: 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 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 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.
Todd Parfitt, Director, Wyoming
Department of Environmental Quality,
Herschler Building, 122 West 25th
Street, Cheyenne, Wyoming 82002,
(307) 777–7555, todd.parfitt@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
E:\FR\FM\26FEP1.SGM
26FEP1
Federal Register / Vol. 78, No. 38 / Tuesday, February 26, 2013 / Proposed Rules
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
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 January 8, 2013,
Wyoming sent us a proposed
amendment to its approved regulatory
program (Administrative Record Docket
ID No. OSM–2013–0002) under SMCRA
(30 U.S.C. 1201 et seq.). Wyoming
submitted the amendment to address
required rule changes OSM identified in
a letter to Wyoming dated October 2,
2009, under 30 CFR 732.17(c). These
included changes to Wyoming’s rules
for ownership and control. The
amendment also adds a provision
concerning variable topsoil depths
during reclamation and addresses four
deficiencies that OSM identified in
response to Wyoming’s formally
submitted revegetation rule package
(WY–038–FOR; Docket ID No. OSM–
2009–0012).
Specifically, Wyoming proposes to
amend the Land Quality Division Coal
Rules and Regulations at Chapter 1,
Section 2 (definitions related to
ownership and control including
‘‘Applicant violator system or AVS,’’
‘‘Control or controller,’’ ‘‘Notice of
violation,’’ and ‘‘Own, owner or
ownership’’); Chapter 2, Section 2(a)(i)
and (ii) (ownership and control permit
application information including
identification of interests and a
complete statement of compliance);
Chapter 12, Section 1(a)(viii)–(xiv) (the
review process, procedures, and
requirements for making permit
eligibility determinations including:
Review of applicant and operator
information, review of permit history,
review of compliance history, and
related AVS entry requirements); and
Chapter 16, Section 2(h) and (j)
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14:55 Feb 25, 2013
Jkt 229001
(notification requirements related to
Wyoming’s enforcement regulations and
AVS entry requirements). Wyoming also
proposes to add a provision which
allows for variable replacement depths
for topsoil during reclamation at
Chapter 4, Section 2(c)(v). Lastly,
Wyoming addresses four deficiencies
that OSM identified in response to
Wyoming’s formally submitted
revegetation rule package (WY–038–
FOR; Docket ID No. OSM–2009–0012))
including: Adding the term ‘‘surface’’
back into Wyoming’s rules where it had
been deleted and reinstating the
definition of ‘‘Surface coal mining and
reclamation operations’’ at Chapter 1,
Section 2(ez) that had been removed
from Wyoming’s rules; adding the
1:24,000 scale requirement for maps that
are submitted with permit applications
back into Wyoming’s rules at Chapter 2,
Section 1(c); adding language to clarify
that wildlife enhancement is not limited
to revegetation efforts at Chapter 2,
Section 5(a)(viii); and correcting
numerous inaccurate citations to other
sections of Wyoming’s rules and
regulations. 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 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
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Fmt 4702
Sfmt 4702
13005
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
4:00 p.m., m.d.t. on March 13, 2013. 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).
E:\FR\FM\26FEP1.SGM
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13006
Federal Register / Vol. 78, No. 38 / Tuesday, February 26, 2013 / Proposed Rules
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: January 18, 2013.
Allen D. Klein,
Director, Western Region.
[FR Doc. 2013–04376 Filed 2–25–13; 8:45 am]
BILLING CODE 4310–05–P
POSTAL SERVICE
39 CFR Part 111
New Intelligent Mail Package Barcode
Standards To Enhance Package
Visibility; Opportunity for Comments in
Advance of Rulemaking
Postal ServiceTM.
ACTION: Request for comments.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
AGENCY:
SUMMARY: The Postal Service is
exploring the advisability of requiring
the use of Intelligent Mail® package
barcodes (IMpb) or unique tracking
Intelligent Mail barcodes (IMbTM) on all
commercial parcels, and providing
support to mailers to assure their ability
to apply unique tracking barcodes to all
commercial parcels.
DATES: Comments are due on March 28,
2013.
ADDRESSES: Mail or deliver written
comments to the manager, Product
Classification, U.S. Postal Service, 475
L’Enfant Plaza SW., Room 4446,
Washington, DC 20260–5015. You may
inspect and photocopy all written
comments at USPS® Headquarters
Library, 475 L’Enfant Plaza SW., 11th
Floor North, Washington, DC, by
appointment only between the hours of
9 a.m. and 4 p.m., Monday through
Friday. Call 1–202–268–2906 in
advance for an appointment. Email
VerDate Mar<15>2010
14:55 Feb 25, 2013
Jkt 229001
comments, containing the name and
address of the commenter, may be sent
to: MailingStandards@usps.gov, with a
subject line of ‘‘Package Visibility.’’
Faxed comments are not accepted.
FOR FURTHER INFORMATION CONTACT:
Jeffrey L. Freeman at 202–268–2922 or
Kevin Gunther at 202–268–7208.
The Postal
Service continues to enhance its
operational capability to provide
scanning data of IMpb and other
tracking barcodes through the use of
automated processing equipment and
Intelligent Mail scanning devices. The
tracking data provided by IMpb,
including acceptance, enroute, and
delivery status data, will provide value
to the Postal Service, to mailers and to
their shared customer base.
IMpb can offer a number of additional
benefits by providing mailers with
access to piece-level visibility
throughout the Postal Service’s
processing and delivery operations. The
basic structure of IMpb includes:
• A routing code to facilitate the
processing of parcels on automated
sorting equipment.
• A channel-specific Application
Identifier (AI) that associates the
barcode to the payment method,
supporting revenue assurance.
• A 3-digit service type code, which
identifies the exact mail class and
service combination, eliminating the
need for multiple barcodes on a parcel.
• An option to use a 6-digit or 9-digit
numeric Mailer ID (MID), to
accommodate all mailers.
• A serial number that enables
uniqueness and supports piece-level
visibility.
These features contribute to the datastream efficiency within USPS® mail
processing, delivery, payment, and
reporting. Intelligent Mail package
barcodes also include specific ‘‘mail
class only’’ service type codes that may
be used for parcels without extra
services.
The mailing industry was first
provided notice of the intent of the
Postal Service to require the mandatory
use of IMpb on all domestic packages
via an advanced notice of proposed
rulemaking, Federal Register notice (75
FR 56922–56923) on September 17,
2010. In response to input from the
mailing community, this broad
requirement was narrowed to generally
apply only to commercial parcels
mailed at presort or destination-entry
prices. On January 28, 2013, the Postal
Service implemented this initial phase
of its IMpb standards by requiring IMpb
use, including use of version 1.6 of the
electronic shipping services manifest,
SUPPLEMENTARY INFORMATION:
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Fmt 4702
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for all commercial parcels (except
Standard Mail parcels) claiming presort
or destination-entry pricing.
The Postal Service is now considering
the addition, at a future date, of a new
requirement for all remaining
commercial parcels to bear an IMpb.
Mailers of these parcels will also be
required to transmit electronic
documentation to the Postal Service
using version 1.6 (or a newer version) of
the Shipping Services Manifest File. If
this requirement is adopted, it would
apply to all commercial parcels, without
regard to presort or entry level, and
would generally include commercial
parcels of all classes with the exception
of Express Mail entered through Express
Mail Corporate Account. The Postal
Service would expect to implement
these new standards on or about July 28,
2013.
Additionally, the Postal Service is
investigating alternative processes that
would permit some categories of
Standard Mail to bear a unique IMb
instead of an IMpb. If the Postal Service
determines that the use of an IMb is a
viable option in these limited
circumstances, those mailers using this
option will be required to transmit
piece-level data to the Postal Service in
a Mail.dat or Mail.XML format. Mailers
who use the IMb format will not receive
delivery scans on their pieces unless
they comply with Postal Service
requirements for additional identifying
marks indicating that confirmation
services are requested. The Postal
Service is also exploring options to
accommodate a modified tracking
process for some categories of Standard
mail parcels, such as Simple SamplesTM
and parcels bearing simplified
addresses.
Mailers will benefit from the tracking
services provided with IMpb, both from
improved service performance and from
more efficient postal operations. The
Postal Service anticipates that the
enhancements to parcel visibility
following these changes in standards
will produce the following benefits:
• Enable customer-level service
reporting;
• Support accurate customer volume
reporting;
• Provide data for identifying,
diagnosing, and correcting service
issues;
• Enable the use of scanning
technology to reduce distribution costs
in delivery units by allowing nonscheme-trained employees to perform
parcel distribution to carrier routes,
resulting in greater flexibility in staffing
and savings on training expenses;
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Agencies
[Federal Register Volume 78, Number 38 (Tuesday, February 26, 2013)]
[Proposed Rules]
[Pages 13004-13006]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04376]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 950
[SATS No. WY-045-FOR; Docket ID OSM-2013-0002]
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 both revisions of and additions to its
coal rules and regulations concerning ownership and control, adds a
provision concerning variable topsoil depths during reclamation, and
addresses four deficiencies that were identified by OSM during the
review of a previous program amendment (WY-038-FOR; Docket ID No. OSM-
2009-0012). 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
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. March 28, 2013. If requested, we will hold a public
hearing on the amendment on March 25, 2013. We will accept requests to
speak until 4:00 p.m., m.d.t. on March 13, 2013.
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-2013-0002. 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: 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 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 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.
Todd Parfitt, Director, Wyoming Department of Environmental Quality,
Herschler Building, 122 West 25th Street, Cheyenne, Wyoming 82002,
(307) 777-7555, todd.parfitt@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
[[Page 13005]]
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 January 8, 2013, Wyoming sent us a proposed
amendment to its approved regulatory program (Administrative Record
Docket ID No. OSM-2013-0002) under SMCRA (30 U.S.C. 1201 et seq.).
Wyoming submitted the amendment to address required rule changes OSM
identified in a letter to Wyoming dated October 2, 2009, under 30 CFR
732.17(c). These included changes to Wyoming's rules for ownership and
control. The amendment also adds a provision concerning variable
topsoil depths during reclamation and addresses four deficiencies that
OSM identified in response to Wyoming's formally submitted revegetation
rule package (WY-038-FOR; Docket ID No. OSM-2009-0012).
Specifically, Wyoming proposes to amend the Land Quality Division
Coal Rules and Regulations at Chapter 1, Section 2 (definitions related
to ownership and control including ``Applicant violator system or
AVS,'' ``Control or controller,'' ``Notice of violation,'' and ``Own,
owner or ownership''); Chapter 2, Section 2(a)(i) and (ii) (ownership
and control permit application information including identification of
interests and a complete statement of compliance); Chapter 12, Section
1(a)(viii)-(xiv) (the review process, procedures, and requirements for
making permit eligibility determinations including: Review of applicant
and operator information, review of permit history, review of
compliance history, and related AVS entry requirements); and Chapter
16, Section 2(h) and (j) (notification requirements related to
Wyoming's enforcement regulations and AVS entry requirements). Wyoming
also proposes to add a provision which allows for variable replacement
depths for topsoil during reclamation at Chapter 4, Section 2(c)(v).
Lastly, Wyoming addresses four deficiencies that OSM identified in
response to Wyoming's formally submitted revegetation rule package (WY-
038-FOR; Docket ID No. OSM-2009-0012)) including: Adding the term
``surface'' back into Wyoming's rules where it had been deleted and
reinstating the definition of ``Surface coal mining and reclamation
operations'' at Chapter 1, Section 2(ez) that had been removed from
Wyoming's rules; adding the 1:24,000 scale requirement for maps that
are submitted with permit applications back into Wyoming's rules at
Chapter 2, Section 1(c); adding language to clarify that wildlife
enhancement is not limited to revegetation efforts at Chapter 2,
Section 5(a)(viii); and correcting numerous inaccurate citations to
other sections of Wyoming's rules and regulations. 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 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 4:00 p.m., m.d.t. on
March 13, 2013. 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).
[[Page 13006]]
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: January 18, 2013.
Allen D. Klein,
Director, Western Region.
[FR Doc. 2013-04376 Filed 2-25-13; 8:45 am]
BILLING CODE 4310-05-P