Missouri Regulatory Program, 28852-28854 [2014-11656]
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28852
Federal Register / Vol. 79, No. 97 / Tuesday, May 20, 2014 / Proposed Rules
action does not constitute a major
Federal action significantly affecting the
quality of the human environment, and
in accordance with the National
Environmental Policy Act of 1969, Pub.
L. 91–190, an Environmental Impact
Statement is not required.
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
This executive order imposes
requirements on RHS in the
development of regulatory policies that
have tribal implications or preempt
tribal laws. RHS has determined that the
proposed rule does not have a
substantial direct effect on one or more
Indian tribe(s) or on either the
relationship or the distribution of
powers and responsibilities between the
Federal Government and the Indian
tribes. Thus, this proposed rule is not
subject to the requirements of Executive
Order 13175.
Regulatory Flexibility Act
This rule has been reviewed with
regard to the requirements of the
Regulatory Flexibility Act (5 U.S.C.
601–612). The undersigned has
determined and certified by signature of
this document that this rule will not
have a significant economic impact on
a substantial number of small entities.
This rule corrects a requirement on
Agency borrowers. Information
collection or regulatory requirements
are not imposed on small entities under
this proposed rule.
rmajette on DSK2TPTVN1PROD with PROPOSALS
Executive Order 13132—Federalism
The policies contained in this
proposed rule do not have any
substantial direct effect on States, the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Nor does this
proposed rule impose substantial direct
compliance costs on State and local
Governments. Therefore, consultation
with the States is not required.
Background
The Agency uses payment subsidies
to enhance an applicant’s repayment
ability for section 502 direct single
family housing loans. RHS administers
three types of payment subsidies:
interest credit, payment assistance
method 1 and payment assistance
method 2. The eligibility requirements
and calculation methods for payment
subsidies are located in 7 CFR 3550.68.
When the final rule that introduced
payment assistance method 2 at 7 CFR
3550.68(c)(1) was published in the
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Federal Register on December 27, 2007
(72 FR 73252) with an effective date of
April 1, 2008, the language on
calculating payment assistance method
1 in 7 CFR 3550.68(c)(2) was
inadvertently modified. The language
was inadvertently changed from ‘‘The
amount of payment assistance granted is
the difference between the installment
due on the promissory note and the
greater of the payment amortized at the
equivalent interest rate or the payment
calculated based on the required floor
payment’’ to ‘‘The amount of payment
assistance granted is the difference
between the annualized note rate
installment as prescribed on the
promissory note and the lesser of . . .
(i) The floor payment . . . or (ii) The
annualized note rate installment and the
payment at the equivalent interest
rate . . .’’ (emphasis added). In
addition, the sentence stated ‘‘In
leveraging situations, the equivalent
interest rate will be used’’ was
inadvertently omitted. RHS proposes to
correct these inadvertent changes.
List of Subjects in 7 CFR Part 3550
Administrative practice and
procedure, Conflict of interests,
Environmental impact statements, Equal
credit opportunity, Fair housing,
Accounting, Housing, Loan programs—
Housing and community development,
Low and moderate income housing,
Manufactured homes, Reporting and
recordkeeping requirements, Rural
areas, Subsidies.
For the reasons stated in the
preamble, chapter XXXV, Title 7 of the
Code of Federal Regulations, is
proposed to be amended as follows:
PART 3550—DIRECT SINGLE FAMILY
HOUSING LOANS AND GRANTS
1. The authority citation for part 3550
continues to read as follows:
■
Authority: 5 U.S.C. 301; 42 U.S.C. 1480.
2. Revise § 3550.68(c)(2) introductory
text to read as follows:
■
§ 3550.68
Payment Subsidies.
*
*
*
*
*
(c) * * *
(2) Payment Assistance Method 1. The
amount of payment assistance granted is
the difference between the installment
due on the promissory note and the
greater of the payment amortized at the
equivalent interest rate or the payment
calculated based on the required floor
payment. In leveraging situations, the
equivalent interest rate will be used.
*
*
*
*
*
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Dated: April 2, 2014.
Tony Hernandez,
Administrator, Rural Housing Service.
[FR Doc. 2014–11607 Filed 5–19–14; 8:45 am]
BILLING CODE 3410–XV–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 925
[SATS No. MO–042–FOR; Docket ID: OSM–
2014–0002; S1D1SSS08011000SX066A
00067F144S180110; S2D2SSS08011000
SX066A00033F14XS501520]
Missouri 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, the Office of Surface
Mining Reclamation and Enforcement
(OSMRE), are announcing receipt of a
proposed amendment to the Missouri
regulatory program (Missouri program)
under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the
Act). Missouri proposes revisions to its
coal Ownership and Control Rules.
Missouri intends to revise its program to
be no less effective than the Federal
regulations and to improve operational
efficiency.
This document gives the times and
locations that the Missouri program and
this 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., c.d.t., June 19, 2014. If requested,
we will hold a public hearing on the
amendment on June 16, 2014. We will
accept requests to speak at a hearing
until 4:00 p.m., c.d.t. on June 4, 2014.
ADDRESSES: You may submit comments,
identified by SATS No. MO–042–FOR,
by any of the following methods:
• Mail/ Hand Delivery: Len Meier,
Division Chief, Alton Field Division,
Office of Surface Mining Reclamation
and Enforcement, 501 Belle Street, Suite
216, Alton, IL 62002.
• Fax: (618) 463–6470
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name and
SUMMARY:
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Federal Register / Vol. 79, No. 97 / Tuesday, May 20, 2014 / Proposed Rules
docket number for this rulemaking. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Comment Procedures’’ heading
of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to
review copies of the Missouri program,
this amendment, a listing of any
scheduled public hearings, and all
written comments received in response
to this document, you must go to the
address listed below during normal
business hours, Monday through Friday,
excluding holidays. You may receive
one free copy of the amendment by
contacting OSMRE’s Alton Field
Division or the full text of the program
amendment is available for you to read
at www.regulations.gov. Len Meier,
Division Chief, Alton Field Division,
Office of Surface Mining Reclamation
and Enforcement, 501 Belle Street, Suite
216, Alton, IL 62002, Telephone: (618)
463–6460, Email: lmeier@ osmre.gov.
In addition, you may review a copy of
the amendment during regular business
hours at the following location:
Department of Natural Resources, Land
Reclamation Program, 1738 East Elm
Street, Jefferson City, Missouri 65101,
Telephone: (573) 751–4041.
FOR FURTHER INFORMATION CONTACT: Len
Meier, Division Chief, Alton Field
Division, Office of Surface Mining
Reclamation and Enforcement, 501 Belle
Street, Suite 216, Alton, IL 62002.
Telephone: (618) 463–6460. Email:
lmeier@ osmre.gov.
SUPPLEMENTARY INFORMATION:
rmajette on DSK2TPTVN1PROD with PROPOSALS
I. Background on the Missouri Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Missouri Program
Section 503(a) of the Act permits a
State to assume primacy for the
regulation of surface coal mining and
reclamation operations on non-Federal
and non-Indian lands within its borders
by demonstrating that its program
includes, among other things, ‘‘. . .
State law which provides for the
regulation of surface coal mining and
reclamation operations in accordance
with the requirements of this Act . . .;
and rules and regulations consistent
with regulations issued by the Secretary
pursuant to this Act.’’ See 30 U.S.C.
1253(a)(1) and (7). On the basis of these
criteria, the Secretary of the Interior
conditionally approved the Missouri
program on November 21, 1980. You
can find background information on the
Missouri program, including the
Secretary’s findings, the disposition of
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17:21 May 19, 2014
Jkt 232001
comments, and conditions of approval,
in the November 21, 1980, Federal
Register (45 FR 77027). You can also
find later actions concerning the
Missouri program and program
amendments at 30 CFR 925.10, 925.12,
925.15, and 925.16.
II. Description of the Proposed
Amendment
By letter dated February 18, 2014
(Administrative Record No. MO–679),
Missouri sent us an amendment to its
program under SMCRA (30 U.S.C. 1201
et seq.). Missouri submitted the
proposed amendment in response to a
September 30, 2009, letter
(Administrative Record No. MO–670A)
that OSMRE sent to Missouri in
accordance with 30 CFR 732.17(c) and
to improve operational efficiency.
Below is a summary of Missouri’s
proposed changes. The full text of the
program amendment is available for you
to read at the locations listed above
under ADDRESSES or at
www.regulations.gov.
Missouri proposes to make changes to
its Code of State Regulations at Title 10,
Division 40 (10 CSR 40) in the following
chapters:
A. For Permitting Requirements for
Surface and Underground Coal Mining
and Reclamation Operations and Coal
Exploration: Chapter 6.030, 6.070 and
6.100
Missouri proposes to change terms,
add clarifying language, make grammar
changes, and correct reference errors.
The items below list the affected rule
sections and proposed changes.
1. 10 CSR 40–6.030—Surface Mining
Permit Applications—Minimum
Requirements for Legal, Financial,
Compliance, and Related Information.
Clarifies ‘‘owner’’ as persons that own,
of record, ten percent of applicant or
operator. Adds requirement to list the
operator’s partners or principal
shareholders. Adds ‘‘of the outside
right-of-way’’ to the one hundred feet
(100′) of a public road requirement in
section (4)(C).
2. 10 CSR 40–6.070—Review, Public
Participation and Approval of Permit
Applications and Permit Terms and
Conditions. Adds ‘‘operator’’ throughout
the chapter as an additional requirement
with the term ‘‘applicant’’. Lists what
applications for proposed remining
operations must contain in new sections
(8)(M)1, 2, 3, and (N).
Adds verbiage when the regulatory
authority will consider a provisionally
issued permit to be improvidently
issued, and under what conditions the
permits will be suspended or rescinded
at section (11)(A)4.
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28853
Adds ‘‘suspension’’ to the section title
of (11)(B), Rescission Procedures and
throughout the section. Adds posting
requirements for the notice of proposed
suspension and rescission. Changes the
time frame for the suspension notice
from ‘‘not to exceed ninety (90)
days . . .’’ to ‘‘will provide sixty (60)
days notice . . .’’
3. 10 CSR 40–6.100—Underground
Mining Permit Applications—Minimum
Requirements for Legal, Financial,
Compliance, and Related Information.
Clarifies ‘‘owner’’ as persons that own,
of record, ten percent of applicant or
operator. Adds requirement to list the
operator’s partners or principal
shareholders.
B. For Definitions and General
Requirements: Chapters 8.030 and 8.040
Missouri proposes to change terms,
add clarifying language, make grammar
changes, and correct reference errors.
The items below list the affected rule
sections and proposed changes.
1. 10 CSR 40–8.030—Permanent
Program Inspection and Enforcement.
Clarifies requirements under (6)
Enforcement of Cessation Orders by
adding requirements in section (G)
requiring the regulatory authority to
notify any persons listed under 10 CSR
40–6.070(12)(E) or 10 CSR 40–
6.030(1)(C) and (D), and 10 CSR 40–
6.100(1)(C) and (D) that the cessation
order was issued, and that the person
has been identified as an owner or
controller of the operation. Adds
subsection (H), Post-permit issuance
information requirements for
permittees.
2. 10 CSR 40–8.040—Penalty
Assessment. Increases the civil penalty
under section (5) Assessment of
Separate Violations for Each Day,
subsection (B) from not less than $750
to not less than $1025.
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 State program.
Written Comments: If you submit
written or electronic comments on the
proposed rule during the 30-day
comment period, they should be
specific, should be confined to issues
pertinent to the notice, and should
explain the reason for your
recommendation(s). We may not be able
to consider or include in the
Administrative Record comments
delivered to an address other than the
one listed above (see ADDRESSES).
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28854
Federal Register / Vol. 79, No. 97 / Tuesday, May 20, 2014 / Proposed Rules
Electronic Comments: Please submit
Internet comments as an ASCII,
WordPerfect, or Word file avoiding the
use of special characters and any form
of encryption. Please also include ‘‘Attn:
SATS NO. MO–042–FOR’’ and your
name and return address in your
Internet message. If you do not receive
a confirmation that we have received
your Internet message, contact the Alton
Field Division at (618) 463–6460.
We cannot ensure that comments
received after the close of the comment
period (see DATES) or sent to an address
other than those listed (see ADDRESSES)
will be included in the docket for this
rulemaking and considered.
rmajette on DSK2TPTVN1PROD with PROPOSALS
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.
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., c.d.t. on June 4, 2014. 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
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15:07 May 19, 2014
Jkt 232001
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.
Other Laws and Executive Orders
Affecting Rulemaking
When a State submits a program
amendment to OSMRE 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 925
Intergovernmental relations, Surface
mining, Underground mining.
Dated: April 2, 2014.
Ervin J. Barchenger,
Regional Director, Mid-Continent Region.
[FR Doc. 2014–11656 Filed 5–19–14; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 935
[OH–255–FOR; Docket ID OSM–2013–012;
S1D1SSS08011000SX066A00067
F144S180110; S2D2SSS08011
000SX066A00033F14XS501520]
Ohio Regulatory Program
Office of Surface Mining
Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment
period and opportunity for public
hearing.
AGENCY:
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OSM announces receipt of a
proposed amendment to the Ohio
regulatory program under the Surface
Mining Control and Reclamation Act of
1977 (SMCRA or the Act). Ohio’s
proposed amendment is prompted by
requirements within the Ohio statute
that all agencies must review their
administrative rules every five years.
Consistent with this requirement, the
Ohio Reclamation Commission, (the
Commission), proposes an amendment
to its procedural rules in order to ensure
an orderly, efficient, and effective
appeals process. By submittal of this
proposed amendment, Ohio intends to
revise its approved program pursuant to
the additional flexibility afforded by the
revised Federal regulations and SMCRA,
as amended, to ensure Ohio’s proposed
provisions are consistent with and in
accordance with SMCRA and no less
effective than the corresponding Federal
regulations. This document provides the
times and locations that the Ohio
program and proposed amendment are
available for public inspection, the
comment period during which you may
submit written comments on this
amendment, and the procedures that we
will follow for the public hearing, if one
is requested.
DATES: We will accept written
comments on these amendments until
4:00 p.m., Eastern Standard Time (EST)
June 19, 2014. If requested, we will hold
a public hearing on the amendment on
June 16, 2014. We will accept requests
to speak at a hearing until 4:00 p.m.,
EST on June 4, 2014.
ADDRESSES: You may submit comments,
identified by SATS No. OH–255–FOR
by any of the following methods:
• Mail/Hand Delivery: Mr. Ben
Owens, Chief, Pittsburgh Field Division,
OSM, 3 Parkway Center, 3rd Floor,
Pittsburgh, Pennsylvania 15220.
• Fax: (412) 937–2888.
• Federal eRulemaking Portal: The
amendment has been assigned Docket
ID OSM–2013–0012. If you would like
to submit comments, go to https://
www.regulations.gov and follow the
instructions.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
Public Comment Procedures heading of
the SUPPLEMENTARY INFORMATION section
of this document.
Docket: For access to the docket to
review copies of the Ohio regulations,
this amendment, a listing of any
scheduled public hearings, and all
written comments received in response
SUMMARY:
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]]>Agencies
[Federal Register Volume 79, Number 97 (Tuesday, May 20, 2014)]
[Proposed Rules]
[Pages 28852-28854]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11656]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 925
[SATS No. MO-042-FOR; Docket ID: OSM-2014-0002;
S1D1SSS08011000SX066A00067F144S180110;
S2D2SSS08011000SX066A00033F14XS501520]
Missouri 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, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are announcing receipt of a proposed amendment to the Missouri
regulatory program (Missouri program) under the Surface Mining Control
and Reclamation Act of 1977 (SMCRA or the Act). Missouri proposes
revisions to its coal Ownership and Control Rules. Missouri intends to
revise its program to be no less effective than the Federal regulations
and to improve operational efficiency.
This document gives the times and locations that the Missouri
program and this 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., c.d.t., June 19, 2014. If requested, we will hold a public
hearing on the amendment on June 16, 2014. We will accept requests to
speak at a hearing until 4:00 p.m., c.d.t. on June 4, 2014.
ADDRESSES: You may submit comments, identified by SATS No. MO-042-FOR,
by any of the following methods:
Mail/ Hand Delivery: Len Meier, Division Chief, Alton
Field Division, Office of Surface Mining Reclamation and Enforcement,
501 Belle Street, Suite 216, Alton, IL 62002.
Fax: (618) 463-6470
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency name
and
[[Page 28853]]
docket number for this rulemaking. For detailed instructions on
submitting comments and additional information on the rulemaking
process, see the ``Public Comment Procedures'' heading of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: For access to the docket to review copies of the Missouri
program, this amendment, a listing of any scheduled public hearings,
and all written comments received in response to this document, you
must go to the address listed below during normal business hours,
Monday through Friday, excluding holidays. You may receive one free
copy of the amendment by contacting OSMRE's Alton Field Division or the
full text of the program amendment is available for you to read at
www.regulations.gov. Len Meier, Division Chief, Alton Field Division,
Office of Surface Mining Reclamation and Enforcement, 501 Belle Street,
Suite 216, Alton, IL 62002, Telephone: (618) 463-6460, Email: lmeier@
osmre.gov.
In addition, you may review a copy of the amendment during regular
business hours at the following location: Department of Natural
Resources, Land Reclamation Program, 1738 East Elm Street, Jefferson
City, Missouri 65101, Telephone: (573) 751-4041.
FOR FURTHER INFORMATION CONTACT: Len Meier, Division Chief, Alton Field
Division, Office of Surface Mining Reclamation and Enforcement, 501
Belle Street, Suite 216, Alton, IL 62002. Telephone: (618) 463-6460.
Email: lmeier@ osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Missouri Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Missouri Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its program includes, among other things, ``. . . State law which
provides for the regulation of surface coal mining and reclamation
operations in accordance with the requirements of this Act . . .; and
rules and regulations consistent with regulations issued by the
Secretary pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On
the basis of these criteria, the Secretary of the Interior
conditionally approved the Missouri program on November 21, 1980. You
can find background information on the Missouri program, including the
Secretary's findings, the disposition of comments, and conditions of
approval, in the November 21, 1980, Federal Register (45 FR 77027). You
can also find later actions concerning the Missouri program and program
amendments at 30 CFR 925.10, 925.12, 925.15, and 925.16.
II. Description of the Proposed Amendment
By letter dated February 18, 2014 (Administrative Record No. MO-
679), Missouri sent us an amendment to its program under SMCRA (30
U.S.C. 1201 et seq.). Missouri submitted the proposed amendment in
response to a September 30, 2009, letter (Administrative Record No. MO-
670A) that OSMRE sent to Missouri in accordance with 30 CFR 732.17(c)
and to improve operational efficiency. Below is a summary of Missouri's
proposed changes. The full text of the program amendment is available
for you to read at the locations listed above under ADDRESSES or at
www.regulations.gov.
Missouri proposes to make changes to its Code of State Regulations
at Title 10, Division 40 (10 CSR 40) in the following chapters:
A. For Permitting Requirements for Surface and Underground Coal Mining
and Reclamation Operations and Coal Exploration: Chapter 6.030, 6.070
and 6.100
Missouri proposes to change terms, add clarifying language, make
grammar changes, and correct reference errors. The items below list the
affected rule sections and proposed changes.
1. 10 CSR 40-6.030--Surface Mining Permit Applications--Minimum
Requirements for Legal, Financial, Compliance, and Related Information.
Clarifies ``owner'' as persons that own, of record, ten percent of
applicant or operator. Adds requirement to list the operator's partners
or principal shareholders. Adds ``of the outside right-of-way'' to the
one hundred feet (100') of a public road requirement in section (4)(C).
2. 10 CSR 40-6.070--Review, Public Participation and Approval of
Permit Applications and Permit Terms and Conditions. Adds ``operator''
throughout the chapter as an additional requirement with the term
``applicant''. Lists what applications for proposed remining operations
must contain in new sections (8)(M)1, 2, 3, and (N).
Adds verbiage when the regulatory authority will consider a
provisionally issued permit to be improvidently issued, and under what
conditions the permits will be suspended or rescinded at section
(11)(A)4.
Adds ``suspension'' to the section title of (11)(B), Rescission
Procedures and throughout the section. Adds posting requirements for
the notice of proposed suspension and rescission. Changes the time
frame for the suspension notice from ``not to exceed ninety (90) days .
. .'' to ``will provide sixty (60) days notice . . .''
3. 10 CSR 40-6.100--Underground Mining Permit Applications--Minimum
Requirements for Legal, Financial, Compliance, and Related Information.
Clarifies ``owner'' as persons that own, of record, ten percent of
applicant or operator. Adds requirement to list the operator's partners
or principal shareholders.
B. For Definitions and General Requirements: Chapters 8.030 and 8.040
Missouri proposes to change terms, add clarifying language, make
grammar changes, and correct reference errors. The items below list the
affected rule sections and proposed changes.
1. 10 CSR 40-8.030--Permanent Program Inspection and Enforcement.
Clarifies requirements under (6) Enforcement of Cessation Orders by
adding requirements in section (G) requiring the regulatory authority
to notify any persons listed under 10 CSR 40-6.070(12)(E) or 10 CSR 40-
6.030(1)(C) and (D), and 10 CSR 40-6.100(1)(C) and (D) that the
cessation order was issued, and that the person has been identified as
an owner or controller of the operation. Adds subsection (H), Post-
permit issuance information requirements for permittees.
2. 10 CSR 40-8.040--Penalty Assessment. Increases the civil penalty
under section (5) Assessment of Separate Violations for Each Day,
subsection (B) from not less than $750 to not less than $1025.
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 State program.
Written Comments: If you submit written or electronic comments on
the proposed rule during the 30-day comment period, they should be
specific, should be confined to issues pertinent to the notice, and
should explain the reason for your recommendation(s). We may not be
able to consider or include in the Administrative Record comments
delivered to an address other than the one listed above (see
ADDRESSES).
[[Page 28854]]
Electronic Comments: Please submit Internet comments as an ASCII,
WordPerfect, or Word file avoiding the use of special characters and
any form of encryption. Please also include ``Attn: SATS NO. MO-042-
FOR'' and your name and return address in your Internet message. If you
do not receive a confirmation that we have received your Internet
message, contact the Alton Field Division at (618) 463-6460.
We cannot ensure that comments received after the close of the
comment period (see DATES) or sent to an address other than those
listed (see ADDRESSES) will be included in the docket for this
rulemaking and considered.
Public Availability of Comments
Before including your address, phone number, 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.
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., c.d.t. on
June 4, 2014. 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.
Other Laws and Executive Orders Affecting Rulemaking
When a State submits a program amendment to OSMRE 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 925
Intergovernmental relations, Surface mining, Underground mining.
Dated: April 2, 2014.
Ervin J. Barchenger,
Regional Director, Mid-Continent Region.
[FR Doc. 2014-11656 Filed 5-19-14; 8:45 am]
BILLING CODE 4310-05-P
