West Virginia Regulatory Program, 81436-81438 [2020-27601]
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81436
Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / Proposed Rules
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Issued in Washington, DC, on December
11, 2020.
George Gonzalez,
Acting Manager, Rules and Regulations
Group.
[FR Doc. 2020–27632 Filed 12–15–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 948
[SATS No. WV–127–FOR; Docket ID: OSM–
2020–0003; S1D1S SS08011000 SX064A000
212S180110 S2D2S SS08011000 SX064A000
21XS501520]
West Virginia Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule.
AGENCY:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSMRE), are announcing receipt of a
proposed amendment to the West
Virginia regulatory program (hereinafter,
the West Virginia program) under the
Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the
Act). West Virginia Department of
Environmental Protection (WVDEP)
seeks to amend its regulatory provisions
related to entities authorized to issue
surety bonds and the repair and
compensation of damage resulting from
subsidence.
This document gives the times and
locations that the West Virginia 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., Eastern Standard Time (e.s.t.),
January 15, 2021. If requested, we may
khammond on DSKJM1Z7X2PROD with PROPOSALS
SUMMARY:
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088°51′38.22″
089°00′27.53″
089°00′21.81″
088°53′41.42″
088°50′48.92″
088°56′54.86″
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088°33′21.36″
hold a public hearing or meeting on the
amendment on January 11, 2021. We
will accept requests to speak at a
hearing until 4:00 p.m., e.s.t. on
December 31, 2020.
ADDRESSES: You may submit comments,
identified by SATS No. WV–127–FOR,
by any of the following methods:
• Mail/Hand Delivery: Mr. Ben
Owens, Acting Director, Charleston
Field Office, Office of Surface Mining
Reclamation and Enforcement, 1027
Virginia Street East, Charleston, West
Virginia 25301.
• Fax: (304) 347–7170.
• Federal eRulemaking Portal: The
amendment has been assigned Docket
ID: OSM–2020–0003. If you would like
to submit comments, go to https://
www.regulations.gov. Follow the
instructions for submitting comments.
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 West Virginia
program, this amendment, a listing of
any scheduled public hearings or
meetings, 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
Charleston Field Office or the full text
of the program amendment is available
for you to read at www.regulations.gov.
Mr. Ben Owens, Acting Director,
Charleston Field Office. Office of
Surface Mining Reclamation and
Enforcement, 1027 Virginia Street East,
Charleston, West Virginia 25301,
Telephone: (304) 347–7158, Email: osmchfo@osmre.gov.
In addition, you may review a copy of
the amendment during regular business
hours at the following location: West
Virginia Department of Environmental
Protection, 601 57th Street SE,
PO 00000
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Charleston, West Virginia 25304,
Telephone: (304) 926–0490.
Mr.
Ben Owens, Acting Director, Charleston
Field Office, Telephone: (304) 347–
7158. Email: osm-chfo@osmre.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background on the West Virginia Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Statutory and Executive Order Reviews
I. Background on the West Virginia
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 approved State
program includes, among other things,
State laws and regulations that govern
surface coal mining and reclamation
operations in accordance with the Act
and consistent with the Federal
regulations. See 30 U.S.C. 1253(a)(1)
and (7). On the basis of these criteria,
the Secretary of the Interior
conditionally approved the West
Virginia program on January 21, 1981.
You can find additional background
information on the West Virginia
program, including the Secretary’s
findings, the disposition of comments,
and conditions of approval of the West
Virginia program in the January 21,
1981, Federal Register (46 FR 5915).
You can also find later actions
concerning the West Virginia’s program
and program amendments at 30 CFR
948.10, 948.12, 948.13, 948.15, and
948.16.
II. Description of the Proposed
Amendment
By letter dated May 5, 2020
(Administrative Record No. 1640), West
Virginia sent us an amendment to its
program under SMCRA (30 U.S.C. 1201
et seq.). The State seeks to amend its
regulations to modify language which
relate to entities that may issue bond
instruments. The State also seeks to
amend language relating to the repair of,
and compensation for, material damage
E:\FR\FM\16DEP1.SGM
16DEP1
Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / Proposed Rules
resulting from subsidence caused to any
structures and facilities. The full text of
the program and/or plan amendment is
available for you to read at the locations
listed above under ADDRESSES or at
www.regulations.gov.
House Bill 4217 (HB 4217) was signed
by the Governor on March 25, 2020. HB
4217 proposes to modify language
relating to companies that execute
surety bonds. HB 4217 also proposes to
modify language relating to owner
compensation of material damage from
subsidence to an owner’s structures or
facilities.
1. CSR 38–2–11.3.a.3
West Virginia seeks to revise its
language relating to the existing
requirements for any company that
executes surety bonds in the State to be
included on the United States
Department of the Treasury’s listing of
approved sureties or to be diligently
pursuing such listing. The proposed
revision would remove the requirement
to be diligently pursuing listing on the
Treasury Department’s listing of
approved sureties for any surety
company that submits proof to the West
Virginia Department of Environmental
Protection that it holds a valid license
issued by the West Virginia Insurance
Commissioner, and agrees to submit on
at least a quarterly basis a certificate of
good standing from the West Virginia
Insurance Commissioner and such other
evidence from the insurance regulator of
its domiciliary state, if other than West
Virginia, demonstrating that it is also in
good standing in that state.
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2. CSR 38–2–16.2.c.2
West Virginia seeks to revise its
language relating to compensating
owners for material damage to any
structures or facilities resulting from
subsidence. The proposal alters the
existing requirement of either repairing
the damage or compensating the owner
for the full amount of diminution in
value resulting from the subsidence, by
eliminating the option to repair and
replacing that option with compensating
the owner in the amount of the cost to
repair the damage not to exceed one
hundred and twenty percent of the
premining value of the structure or
facility. The proposal clarifies that the
election of options, for either
compensation in the amount of the
repair or compensation in the full
amount of diminution in value resulting
from the subsidence, is at the owner’s
election. The proposal also inserts new
language clarifying that this section
does not create additional property
rights, nor can it be construed as vesting
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16:37 Dec 15, 2020
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in the secretary the jurisdiction to
adjudicate property rights disputes.
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.
Electronic or Written Comments
If you submit written or electronic
comments on the proposed rule during
the 30-day comment period, 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 (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., e.s.t. on December 31, 2020.
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
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81437
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. Statutory and Executive Order
Reviews
Executive Order 12866—Regulatory
Planning and Review and Executive
Order 13563—Improving Regulation
and Regulatory Review
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs in the Office of Management and
Budget (OMB) will review all significant
rules. Pursuant to OMB guidance, dated
October 12, 1993, the approval of State
program and is exempted from OMB
review under Executive Order 12866.
Executive Order 13563, which reaffirms
and supplements Executive Order
12866, retains this exemption.
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.
E:\FR\FM\16DEP1.SGM
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81438
Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / Proposed Rules
List of Subjects in 30 CFR Part 948
Intergovernmental relations, Surface
mining, Underground mining.
Thomas D. Shope,
Regional Director, Regional Director, North
Atlantic—Appalachian Region.
[FR Doc. 2020–27601 Filed 12–15–20; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 310
[Docket ID: DoD–2020–OS–0084]
RIN 0790–AK99
Privacy Act of 1974; Implementation
Office of the Secretary of
Defense, DoD.
ACTION: Proposed rule.
AGENCY:
The Office of the Secretary of
Defense proposes to exempt some
records maintained in DoD 0003
‘‘Mobilization Deployment Management
Information System (MDMIS)’’. The
proposed action is sought to protect
classified information for national
security purposes. In the course of
carrying out collections and analysis of
information, exempt records received
from other Systems of Records may
become part of this system. To the
extent that copies of exempt records
from those other systems of records are
maintained in this system, the
Department also claims the same
exemptions for the records from those
other systems that are maintained in
this system, as claimed for the prior
system(s) of which they are a part,
provided the reason for the exemption
remains valid and necessary.
DATES: Send comments on or before
February 16, 2021.
ADDRESSES: You may submit comments,
identified by docket number and title,
by any of the following methods:
Federal Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Mail: The DoD cannot receive written
comments at this time due to the
COVID–19 pandemic. Comments should
be sent electronically to the docket
listed above.
Instructions: All submissions received
must include the agency name and
docket number for this Federal Register
document. The general policy for
comments and other submissions from
members of the public is to make these
submissions available for public
viewing on the internet at https://
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SUMMARY:
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16:37 Dec 15, 2020
Jkt 253001
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
FOR FURTHER INFORMATION CONTACT: Ms.
Cheryl Jenkins at (703) 571–0070.
SUPPLEMENTARY INFORMATION: The Office
of the Secretary of Defense proposes to
exempt some records maintained in
DoD 0003 ‘‘Mobilization Deployment
Management Information System
(MDMIS)’’ from subsections 5 U.S.C.
552a(c)(3), (d)(1), (2), (3), and (4) of the
Privacy Act, pursuant to 5 U.S.C.
552a(k)(1). This proposed modification
to 32 CFR part 310 adds a new Privacy
Act exemption rule for the Mobilization
Deployment Management Information
System (MDMIS), a system which
accounts for the mobilization and
deployment of every unit and military
member in an automated and auditable
information technology platform.
Some information within the MDMIS
may be classified pursuant to executive
order. Information classified pursuant to
executive order, as implemented by DoD
Instruction (DoDI) 5200.01 and DoD
Manual (DoDM) 5200.01, Volumes 1
and 3, may be exempt pursuant to 5
U.S.C. 552a(k)(1). Granting unfettered
access to information that is properly
classified pursuant to those authorities
may cause damage to the national
security.
Controlling Regulatory Costs,’’ do not
apply.
Regulatory Analysis
Executive Order 13132, ‘‘Federalism’’
Executive Order 12866, ‘‘Regulatory
Planning and Review’’ and Executive
Order 13563, ‘‘Improving Regulation
and Regulatory Review’’
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distribute impacts, and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. It has been determined that
this rule is not a significant regulatory
action and has not been reviewed by the
Office of Management and Budget under
these Executive Orders.
It has been determined that this rule
does not have federalism implications.
This rule does not have substantial
direct effects on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
Executive Order 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs’’
This rule has been deemed not
significant under Executive Order (E.O.)
12866, ‘‘Regulatory Planning and
Review.’’ Therefore, the requirements of
E.O. 13771, ‘‘Reducing Regulation and
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Congressional Review Act
This rule is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C Chapter 6)
It has been certified that this rule does
not have a significant economic impact
on a substantial number of small entities
because it is concerned only with the
administration of Privacy Act systems of
records within DoD. A Regulatory
Flexibility Analysis is not required.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
It has been determined that this rule
does not impose additional information
collection requirements on the public
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.).
Section 202, Public Law 104–4,
‘‘Unfunded Mandates Reform Act’’
It has been determined that this rule
does not involve a Federal mandate that
may result in the expenditure by State,
local and tribal governments, in the
aggregate, or by the private sector, of
$100 million or more and that it will not
significantly or uniquely affect small
governments.
List of Subjects in 32 CFR Part 310
Privacy.
Accordingly, 32 CFR part 310 is
proposed to be amended as follows:
PART 310—PROTECTION OF PRIVACY
AND ACCESS TO AND AMENDEMENT
OF INDIVIDUAL RECORDS UNDER
THE PRIVACY ACT OF 1974
1. The authority citation for 32 CFR
part 310 continues to read as follows:
■
Authority: 5 U.S.C. 552a.
2. Section 310.13 is amended by
adding paragraph (e)(3) as follows:
■
§ 310.13
Procedures for exemptions.
*
*
*
*
*
(e) * * *
(3) System identifier and name. DoD
0003 ‘‘Mobilization Deployment
E:\FR\FM\16DEP1.SGM
16DEP1
]]>Agencies
[Federal Register Volume 85, Number 242 (Wednesday, December 16, 2020)]
[Proposed Rules]
[Pages 81436-81438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27601]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 948
[SATS No. WV-127-FOR; Docket ID: OSM-2020-0003; S1D1S SS08011000
SX064A000 212S180110 S2D2S SS08011000 SX064A000 21XS501520]
West Virginia Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are announcing receipt of a proposed amendment to the West
Virginia regulatory program (hereinafter, the West Virginia program)
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or
the Act). West Virginia Department of Environmental Protection (WVDEP)
seeks to amend its regulatory provisions related to entities authorized
to issue surety bonds and the repair and compensation of damage
resulting from subsidence.
This document gives the times and locations that the West Virginia
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., Eastern Standard Time (e.s.t.), January 15, 2021. If requested,
we may hold a public hearing or meeting on the amendment on January 11,
2021. We will accept requests to speak at a hearing until 4:00 p.m.,
e.s.t. on December 31, 2020.
ADDRESSES: You may submit comments, identified by SATS No. WV-127-FOR,
by any of the following methods:
Mail/Hand Delivery: Mr. Ben Owens, Acting Director,
Charleston Field Office, Office of Surface Mining Reclamation and
Enforcement, 1027 Virginia Street East, Charleston, West Virginia
25301.
Fax: (304) 347-7170.
Federal eRulemaking Portal: The amendment has been
assigned Docket ID: OSM-2020-0003. If you would like to submit
comments, go to https://www.regulations.gov. Follow the instructions for
submitting comments.
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 West
Virginia program, this amendment, a listing of any scheduled public
hearings or meetings, 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 Charleston
Field Office or the full text of the program amendment is available for
you to read at www.regulations.gov.
Mr. Ben Owens, Acting Director, Charleston Field Office. Office of
Surface Mining Reclamation and Enforcement, 1027 Virginia Street East,
Charleston, West Virginia 25301, Telephone: (304) 347-7158, Email: [email protected].
In addition, you may review a copy of the amendment during regular
business hours at the following location: West Virginia Department of
Environmental Protection, 601 57th Street SE, Charleston, West Virginia
25304, Telephone: (304) 926-0490.
FOR FURTHER INFORMATION CONTACT: Mr. Ben Owens, Acting Director,
Charleston Field Office, Telephone: (304) 347-7158. Email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the West Virginia Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Statutory and Executive Order Reviews
I. Background on the West Virginia 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 approved State program includes, among other things, State laws and
regulations that govern surface coal mining and reclamation operations
in accordance with the Act and consistent with the Federal regulations.
See 30 U.S.C. 1253(a)(1) and (7). On the basis of these criteria, the
Secretary of the Interior conditionally approved the West Virginia
program on January 21, 1981. You can find additional background
information on the West Virginia program, including the Secretary's
findings, the disposition of comments, and conditions of approval of
the West Virginia program in the January 21, 1981, Federal Register (46
FR 5915). You can also find later actions concerning the West
Virginia's program and program amendments at 30 CFR 948.10, 948.12,
948.13, 948.15, and 948.16.
II. Description of the Proposed Amendment
By letter dated May 5, 2020 (Administrative Record No. 1640), West
Virginia sent us an amendment to its program under SMCRA (30 U.S.C.
1201 et seq.). The State seeks to amend its regulations to modify
language which relate to entities that may issue bond instruments. The
State also seeks to amend language relating to the repair of, and
compensation for, material damage
[[Page 81437]]
resulting from subsidence caused to any structures and facilities. The
full text of the program and/or plan amendment is available for you to
read at the locations listed above under ADDRESSES or at
www.regulations.gov.
House Bill 4217 (HB 4217) was signed by the Governor on March 25,
2020. HB 4217 proposes to modify language relating to companies that
execute surety bonds. HB 4217 also proposes to modify language relating
to owner compensation of material damage from subsidence to an owner's
structures or facilities.
1. CSR 38-2-11.3.a.3
West Virginia seeks to revise its language relating to the existing
requirements for any company that executes surety bonds in the State to
be included on the United States Department of the Treasury's listing
of approved sureties or to be diligently pursuing such listing. The
proposed revision would remove the requirement to be diligently
pursuing listing on the Treasury Department's listing of approved
sureties for any surety company that submits proof to the West Virginia
Department of Environmental Protection that it holds a valid license
issued by the West Virginia Insurance Commissioner, and agrees to
submit on at least a quarterly basis a certificate of good standing
from the West Virginia Insurance Commissioner and such other evidence
from the insurance regulator of its domiciliary state, if other than
West Virginia, demonstrating that it is also in good standing in that
state.
2. CSR 38-2-16.2.c.2
West Virginia seeks to revise its language relating to compensating
owners for material damage to any structures or facilities resulting
from subsidence. The proposal alters the existing requirement of either
repairing the damage or compensating the owner for the full amount of
diminution in value resulting from the subsidence, by eliminating the
option to repair and replacing that option with compensating the owner
in the amount of the cost to repair the damage not to exceed one
hundred and twenty percent of the premining value of the structure or
facility. The proposal clarifies that the election of options, for
either compensation in the amount of the repair or compensation in the
full amount of diminution in value resulting from the subsidence, is at
the owner's election. The proposal also inserts new language clarifying
that this section does not create additional property rights, nor can
it be construed as vesting in the secretary the jurisdiction to
adjudicate property rights disputes.
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.
Electronic or Written Comments
If you submit written or electronic comments on the proposed rule
during the 30-day comment period, 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 (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., e.s.t. on
December 31, 2020. 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. Statutory and Executive Order Reviews
Executive Order 12866--Regulatory Planning and Review and Executive
Order 13563--Improving Regulation and Regulatory Review
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs in the Office of Management and Budget (OMB) will
review all significant rules. Pursuant to OMB guidance, dated October
12, 1993, the approval of State program and is exempted from OMB review
under Executive Order 12866. Executive Order 13563, which reaffirms and
supplements Executive Order 12866, retains this exemption.
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.
[[Page 81438]]
List of Subjects in 30 CFR Part 948
Intergovernmental relations, Surface mining, Underground mining.
Thomas D. Shope,
Regional Director, Regional Director, North Atlantic--Appalachian
Region.
[FR Doc. 2020-27601 Filed 12-15-20; 8:45 am]
BILLING CODE 4310-05-P
