Wyoming Regulatory Program, 75528-75530 [2023-24272]
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Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Proposed Rules
because they have copyright restriction.
Some may be available at the website
address, if listed. References without
asterisks are available for viewing only
at the Dockets Management Staff. FDA
has verified the website addresses, as of
the date this document publishes in the
Federal Register, but websites are
subject to change over time.
* 1. FDA Memorandum from S. Shibko
to Division of Regulations and
Petitions Control, May 25, 1970.
* 2. FDA Memorandum from L.
Friedman to L. Buckley, Division of
Regulations and Petitions Control,
October 21, 1970.
* 3. FDA Memorandum from Y. Zang to
T. Croce, Division of Petition
Review, September 2, 2014.4.
Woodling K.A., P. Chitranshi, C.C.
Jacob, et al., ‘‘Toxicological
Evaluation of Brominated Vegetable
Oil in Sprague Dawley Rats.’’ Food
and Chemical Toxicology,
165:113137, 2022.
* 5. FDA Memorandum from D. Doell to
J. Downey, Regulatory Review
Branch—Team 1, March 1, 2023.
* 6. FDA Memorandum from J. Gingrich
to J. Downey, Regulatory Review
Branch—Team 1, March 1, 2023.
* 7. FDA Preliminary Economic
Analysis of Rule to Revoke Uses of
Brominated Vegetable Oil in Foods
(https://www.fda.gov/about-fda/
reports/economic-impact-analysesfda-regulations).
List of Subjects in 21 CFR Part 180
Food additives.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under the
authority delegated to the Commissioner
of Food and Drugs, it is proposed that
21 CFR part 180 be amended as follows:
PART 180—FOOD ADDITIVES
PERMITTED IN FOOD OR IN CONTACT
WITH FOOD ON AN INTERIM BASIS
PENDING ADDITIONAL STUDY
1. The authority citation for part 180
continues to read as follows:
■
lotter on DSK11XQN23PROD with PROPOSALS1
Authority: 21 U.S.C. 321, 342, 343, 348,
371; 42 U.S.C. 241.
§ 180.30
■
[Removed]
2. Remove § 180.30.
Dated: October 25, 2023.
Robert M. Califf,
Commissioner of Food and Drugs.
[FR Doc. 2023–24084 Filed 11–2–23; 8:45 am]
BILLING CODE 4164–01–P
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 950
[SATS WY–051–FOR; Docket ID: OSM–
2023–0004; S1D1S SS08011000 SX064A000
223S180110; S2D2S SS08011000
SX064A000 22XS501520]
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:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSMRE), are announcing receipt of a
proposed regulatory and statutory
amendment to the Wyoming coal
program (Wyoming program) under the
Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the
Act). On September 25, 2018 the
Wyoming Environmental Quality
Council approved a number of revisions
to rules governing permitting, operation,
and abandonment of Class III
underground injection and recovery
wells associated with in situ mining of
coal. Specifically, the proposed
revisions update regulations to be
consistent with Environmental
Protection Agency Underground
Injection Control regulations for class III
wells, reorganize the chapter to better
correlate with other key Land Quality
Division (LQD) regulations and to
reference existing LQD regulations and
definitions, update regulations to be
consistent with other Wyoming
regulations pertaining to well
construction, well abandonment, and
aquifer exemptions, and update
regulations to include current best
management practices specific to in situ
coal mining.
This document gives the times and
locations that the Wyoming 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
p.m., M.D.T., December 4, 2023. If
requested, we may hold a public hearing
or meeting on the amendment on
November 28, 2023. We will accept
requests to speak at a hearing until 4
p.m., M.D.T., on November 20, 2023.
SUMMARY:
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You may submit comments,
identified by SATS No. WY–051–FOR,
by any of the following methods:
• Mail/Hand Delivery: OSMRE, Attn:
Jeffrey Fleischman, P.O. Box 11018, 100
East B Street, Room 4100, Casper,
Wyoming 82602.
• Fax: (307) 261–6552.
• Federal eRulemaking Portal: 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 Wyoming 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 Casper Field
Office or the full text of the program
amendment is available for you to read
at www.regulations.gov.
Attn: Jeffrey Fleischman, Field Office
Director, Office of Surface Mining
Reclamation and Enforcement, 100
East B Street, Casper, Wyoming
82602, Telephone: (307) 261–6550,
Email: jfleischman@osmre.gov
In addition, you may review a copy of
the amendment during regular business
hours at the following location:
Attn: Kyle Wendtland, Administrator,
Wyoming Department of
Environmental Quality, Land Quality
Division, 200 West 17th Street, Suite
10, Cheyenne, Wyoming 82002,
Telephone: (307) 777–7046, Email:
kyle.wendtland@wyo.gov
FOR FURTHER INFORMATION CONTACT:
Jeffrey Fleischman, Field Office
Director, Office of Surface Mining
Reclamation and Enforcement, 100
East B Street, Casper, Wyoming
82602, Telephone: (307) 261–6550,
Email: jfleischman@osmre.gov
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Table of Contents
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
Subject to OSMRE’s oversight, section
503(a) of the Act permits a State to
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Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Proposed Rules
assume primacy for the regulation of
surface coal mining and reclamation
operations on non-Federal and nonIndian 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 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 conditions of approval
of the Wyoming program in the
November 26, 1980 Federal Register 45
FR 78637. You can also find later
actions concerning the Wyoming
program and program amendments at 30
CFR 950.10.
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II. Description of the Proposed
Amendment
By letter dated February 14, 2023
(Document ID No. OSM–2023–0004),
Wyoming sent us an amendment to its
program under SMCRA (30 U.S.C. 1201
et seq.). We found Wyoming’s proposed
amendment administratively complete
on March 7, 2023.
Between 1994 and 2002 Wyoming
enacted several revisions to the Coal
Chapter 18 Rules. On September 25,
2018 the Wyoming Environmental
Quality Council approved a number of
revisions to the rules governing Class III
well associated with in situ mining. The
proposed amendment is a state initiative
intended to update Chapter 18, which
was last revised in 2002. Specifically
the proposed revisions: (1) update
regulations to be consistent with
Environmental Protection Agency
Underground Injection Control
regulations for class III wells, (2)
reorganize the chapter to better correlate
with other key LQD regulations and to
reference existing LQD regulations and
definitions, (3) update regulations to be
consistent with other Wyoming
regulations pertaining to well
construction, well abandonment, and
aquifer exemptions, and (4) update
regulations to include current best
management practices specific to in situ
coal mining.
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.
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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
p.m., M.D.T. on November 20, 2023. 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
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75529
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, Executive Order
13563—Improving Regulation and
Regulatory Review, and Executive Order
14094—Modernizing Regulatory Review
Executive Order 12866, as amended
by Executive Order 14094, 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/or AML plan amendments
is exempted from OMB review under
Executive Order 12866, as amended by
Executive Order 14094. 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.
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Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Proposed Rules
List of Subjects in 30 CFR Part 950
Intergovernmental relations, Required
program amendments, State regulatory
program approval, State-Federal
cooperative agreement, Surface mining,
Underground mining.
David A. Berry,
Regional Director, Unified Regions 5, 7–11.
[FR Doc. 2023–24272 Filed 11–2–23; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 251
RIN 0596–AD55
Land Uses; Special Uses; Carbon
Capture and Storage Exemption
Forest Service, USDA.
Proposed rule; request for
public comment.
AGENCY:
ACTION:
The United States Department
of Agriculture, Forest Service (Forest
Service or Agency), is proposing to
amend its special use regulations, which
prohibit authorizing exclusive and
perpetual use and occupancy of
National Forest System lands, to
provide an exemption for carbon
capture and storage. The Forest Service
is also proposing to add a definition for
‘‘Carbon capture and storage.’’
DATES: Comments on this proposed rule
must be received in writing by January
2, 2024.
ADDRESSES: Comments, identified by
RIN 0596–AD55, should be sent via one
of the following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for sending comments;
• Mail: Director, Lands, Minerals, and
Geology Management Staff, 201 14th
Street SW, Washington, DC 20250–1124;
or
• Hand Delivery/Courier: Director,
Lands, Minerals, and Geology
Management Staff, 1st Floor Southeast,
201 14th Street SW, Washington, DC
20250–1124.
Comments should be confined to
issues pertinent to the proposed rule,
should explain the reasons for any
recommended changes, and should
reference the specific section and
wording being addressed, where
possible. All timely comments,
including names and addresses when
provided, will be placed in the record
and will be available for public
inspection and copying. The public may
inspect comments received on this
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SUMMARY:
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proposed rule at the Office of the
Director, Lands, Minerals, and Geology
Management Staff, 1st Floor Southeast,
Sidney R. Yates Federal Building, 201
14th Street SW, Washington, DC, on
business days between 8:30 a.m. and 4
p.m. Visitors are encouraged to call
ahead at 202–205–1680 to facilitate
entry into the building. Comments may
also be viewed on the Federal
eRulemaking Portal at https://
www.regulations.gov. In the search box,
enter ‘‘RIN 0596–AD55,’’ and click the
‘‘Search’’ button.
FOR FURTHER INFORMATION CONTACT:
Mark Chandler, Realty Specialist,
Washington Office Lands, Minerals, and
Geology Management Staff, 202–205–
1117 or mark.chandler@usda.gov.
Individuals who use telecommunication
devices for the hearing impaired may
call the Federal Relay Service at 800–
877–8339 between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday.
SUPPLEMENTARY INFORMATION: The Forest
Service administers approximately
74,000 special use authorizations for use
and occupancy of National Forest
System (NFS) lands for a wide variety
of purposes, including powerline
facilities, communications facilities,
outfitting and guiding, campground
concessions, and resorts. The activities
and facilities authorized by special use
authorizations contribute significantly
to the national economy and the social
and economic foundation of rural
communities.
To obtain a special use authorization
for a new use or activity, a proponent
must submit a special use proposal
which meets two sets of screening
criteria in the Agency’s existing special
uses regulations at 36 CFR 251.54(e)(1)
and (5). If the proposal meets all the
screening criteria, the proponent may
submit a special use application for
evaluation by the Forest Service. Per the
existing initial screening criterion at 36
CFR 251.54(e)(1)(iv), the Forest Service
may not authorize exclusive and
perpetual use and occupancy of NFS
lands.
Carbon capture and storage entail
injecting and storing carbon dioxide in
pore spaces below the surface of the
earth. Pore spaces are subsurface
geological formations that can be used
to store fluids from mining,
manufacturing, and other industrial
processes. Typically, the United States
owns the pore spaces below the surface
of NFS lands. Storing carbon dioxide in
pore spaces is intended to mitigate
greenhouse gas emissions and is
performed via Class VI underground
injection control wells. Carbon dioxide
injected in pore spaces may remain for
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over 1,000 years after injection and
would be tantamount to an exclusive
and perpetual use and occupancy if
authorized on NFS lands. Therefore, the
Forest Service is proposing to amend
the initial screening criterion at 36 CFR
251.54(e)(1)(iv) that prohibits
authorizing exclusive and perpetual use
and occupancy of NFS lands to provide
an exemption for carbon capture and
storage. The Forest Service is also
proposing a definition for ‘‘carbon
capture and storage’’ in 36 CFR 251.51.
The United States Environmental
Protection Agency (EPA) has excluded
carbon capture and storage from
classification as a hazardous waste (40
CFR 261.4(h)) if carbon dioxide is
captured, transported, and stored in
compliance with the requirements for
Class VI Underground Injection Control
wells and the requirements in 40 CFR
parts 144 and 146 of the Underground
Injection Control Program of the Safe
Drinking Water Act, including the
requirements for EPA authorization by
rule or by permit. A Class VI
Underground Injection Control well is
used to inject carbon dioxide into deep
rock formations. Before issuing a permit
for a Class VI Underground Injection
Control well, the EPA conducts a
detailed technical review to ensure that
the area around the proposed location
for the well does not have abandoned
wells that could leak carbon dioxide
and to determine whether the well
would be constructed in a manner that
would protect it from seismic activity
and from leaking carbon dioxide into
the groundwater (40 CFR parts 144 and
146, Underground Injection Control
(UIC) Program Class VI Implementation
Manual for UIC Program Directors).
The proposed rule would define
‘‘carbon capture and storage’’ as ‘‘the
capture, transportation, injection, and
storage of carbon dioxide in subsurface
pore spaces in such a manner as to
qualify the carbon dioxide stream for
the exclusion from classification as a
‘hazardous waste’ pursuant to United
States Environmental Protection Agency
regulations at 40 CFR 261.4(h).’’
Therefore, carbon capture and storage
authorized under the proposed rule
would not constitute a hazardous waste
and would not be inconsistent with the
initial screening criterion at 36 CFR
251.54(e)(1)(ix) that prohibits
authorizing storage of hazardous
substances on NFS lands.
To protect public health and
underground sources of drinking water
for these wells, including for those that
may be sited on NFS lands, the EPA
regulates all aspects of the wells,
including siting, construction, injection
operations, testing and monitoring,
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]]>Agencies
[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Proposed Rules]
[Pages 75528-75530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24272]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 950
[SATS WY-051-FOR; Docket ID: OSM-2023-0004; S1D1S SS08011000 SX064A000
223S180110; S2D2S SS08011000 SX064A000 22XS501520]
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, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are announcing receipt of a proposed regulatory and statutory
amendment to the Wyoming coal program (Wyoming program) under the
Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act).
On September 25, 2018 the Wyoming Environmental Quality Council
approved a number of revisions to rules governing permitting,
operation, and abandonment of Class III underground injection and
recovery wells associated with in situ mining of coal. Specifically,
the proposed revisions update regulations to be consistent with
Environmental Protection Agency Underground Injection Control
regulations for class III wells, reorganize the chapter to better
correlate with other key Land Quality Division (LQD) regulations and to
reference existing LQD regulations and definitions, update regulations
to be consistent with other Wyoming regulations pertaining to well
construction, well abandonment, and aquifer exemptions, and update
regulations to include current best management practices specific to in
situ coal mining.
This document gives the times and locations that the Wyoming
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 p.m.,
M.D.T., December 4, 2023. If requested, we may hold a public hearing or
meeting on the amendment on November 28, 2023. We will accept requests
to speak at a hearing until 4 p.m., M.D.T., on November 20, 2023.
ADDRESSES: You may submit comments, identified by SATS No. WY-051-FOR,
by any of the following methods:
Mail/Hand Delivery: OSMRE, Attn: Jeffrey Fleischman, P.O.
Box 11018, 100 East B Street, Room 4100, Casper, Wyoming 82602.
Fax: (307) 261-6552.
Federal eRulemaking Portal: 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 Wyoming
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 Casper
Field Office or the full text of the program amendment is available for
you to read at www.regulations.gov.
Attn: Jeffrey Fleischman, Field Office Director, Office of Surface
Mining Reclamation and Enforcement, 100 East B Street, Casper, Wyoming
82602, Telephone: (307) 261-6550, Email: [email protected]
In addition, you may review a copy of the amendment during regular
business hours at the following location:
Attn: Kyle Wendtland, Administrator, Wyoming Department of
Environmental Quality, Land Quality Division, 200 West 17th Street,
Suite 10, Cheyenne, Wyoming 82002, Telephone: (307) 777-7046, Email:
[email protected]
FOR FURTHER INFORMATION CONTACT:
Jeffrey Fleischman, Field Office Director, Office of Surface Mining
Reclamation and Enforcement, 100 East B Street, Casper, Wyoming 82602,
Telephone: (307) 261-6550, Email: [email protected]
SUPPLEMENTARY INFORMATION:
Table of Contents
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
Subject to OSMRE's oversight, section 503(a) of the Act permits a
State to
[[Page 75529]]
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 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 conditions of
approval of the Wyoming program in the November 26, 1980 Federal
Register 45 FR 78637. You can also find later actions concerning the
Wyoming program and program amendments at 30 CFR 950.10.
II. Description of the Proposed Amendment
By letter dated February 14, 2023 (Document ID No. OSM-2023-0004),
Wyoming sent us an amendment to its program under SMCRA (30 U.S.C. 1201
et seq.). We found Wyoming's proposed amendment administratively
complete on March 7, 2023.
Between 1994 and 2002 Wyoming enacted several revisions to the Coal
Chapter 18 Rules. On September 25, 2018 the Wyoming Environmental
Quality Council approved a number of revisions to the rules governing
Class III well associated with in situ mining. The proposed amendment
is a state initiative intended to update Chapter 18, which was last
revised in 2002. Specifically the proposed revisions: (1) update
regulations to be consistent with Environmental Protection Agency
Underground Injection Control regulations for class III wells, (2)
reorganize the chapter to better correlate with other key LQD
regulations and to reference existing LQD regulations and definitions,
(3) update regulations to be consistent with other Wyoming regulations
pertaining to well construction, well abandonment, and aquifer
exemptions, and (4) update regulations to include current best
management practices specific to in situ coal mining.
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.
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 p.m., M.D.T. on
November 20, 2023. 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, Executive Order
13563--Improving Regulation and Regulatory Review, and Executive Order
14094--Modernizing Regulatory Review
Executive Order 12866, as amended by Executive Order 14094,
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/or AML plan amendments is exempted from OMB review
under Executive Order 12866, as amended by Executive Order 14094.
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 75530]]
List of Subjects in 30 CFR Part 950
Intergovernmental relations, Required program amendments, State
regulatory program approval, State-Federal cooperative agreement,
Surface mining, Underground mining.
David A. Berry,
Regional Director, Unified Regions 5, 7-11.
[FR Doc. 2023-24272 Filed 11-2-23; 8:45 am]
BILLING CODE 4310-05-P
