69348 Federal Register / Vol. 69, No. 228 / Monday, November 29, 2004 / Proposed Rules 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

proposes to approve a state rule 

implementing a Federal standard, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the Clean 

Air Act. This proposed rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it is not economically 

significant. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This proposed 

rule does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.).

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas.

Dated: November 16, 2004. 

Michael F. Gearheard, 

Acting Regional Administrator, Region 10.

[FR Doc. 04–26296 Filed 11–26–04; 8:45 am] 

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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Parts 870 and 872

RIN 1029–AC47

Coal Production Fees and Fee 

Allocation

AGENCY: Office of Surface Mining 

Reclamation and Enforcement (OSM), 

Interior.

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: In response to a request from 

the trustees of the United Mine Workers 

of America Combined Benefit Fund, we 

are extending the comment period for 

the proposed rule published in the 

September 17, 2004, Federal Register

concerning fees and fee allocations 

under the abandoned mine reclamation 

program provisions of the Surface 

Mining Control and Reclamation Act of 

1977 (SMCRA or the Act).

DATES: Electronic or written comments:

We will accept written comments on the 

proposed rule until 4:30 p.m., Eastern 

time, on December 16, 2004.

ADDRESSES: If you wish to comment on 

the proposed rule, you may submit your 

comments by any of the following 

methods to the address indicted: 

• E-mail: osmregs@osmre.gov. Please 

include docket number 1029–AC47 in 

the subject line of the message. 

• Mail/Hand-Delivery/Courier: Office 

of Surface Mining Reclamation and 

Enforcement, Administrative Record, 

Room 210, 1951 Constitution Avenue, 

NW., Washington, DC 20240. Please 

identify the comments as pertaining to 

docket number 1029–AC47. 

• Federal e-Rulemaking Portal: http//

www.regulations.gov. Follow the 

instructions provided at http://

www.regulations.gov under the ‘‘How to 

Comment’’ heading for this rule.

FOR FURTHER INFORMATION CONTACT:

Dennis Rice, Office of Surface Mining 

Reclamation and Enforcement, 1951 

Constitution Avenue, NW., Washington, 

DC 20240. Telephone: (202) 208–2829. 

E-mail address: drice@osmre.gov. You 

will find additional information 

concerning OSM, fees on coal 

production, and Abandoned Mine 

Reclamation Fund, and abandoned mine 

reclamation in general on our home 

page at http://www.osmre.gov.

SUPPLEMENTARY INFORMATION: On 

September 17, 2004, we published a 

proposed rule setting forth procedures 

and criteria for the establishment of fees 

under section 402(b) of SMCRA. That 

section of the Act provides that, when 

the rates set forth in section 402(a) of 

the Act expire, the fee for coal produced 

after that date ‘‘shall be established at a 

rate to continue to provide for the 

deposit referred to in subsection (h) [of 

section 402 of SMCRA].’’ Section 402(h) 

requires the annual transfer of certain 

estimated Abandoned Mine 

Reclamation Fund earnings to the 

United Mine Workers of America 

Combined Benefit Fund. The proposed 

rule also contained revisions to the 

regulations governing allocation and 

disposition of fee collections and other 

Abandoned Mine Reclamation Fund 

income. For a full explanation of the 

proposed rule, please refer to the rule 

text and preamble published at 69 FR 

56132–56144. 

At the time the rule was published, 

the fee rates set forth in section 402(a) 

of the Act would have expired on 

September 30, 2004. However, a 

continuing resolution enacted on 

September 30, 2004, extended those 

rates through November 20, 2004. See 

section 125 of Public Law 108–309. 

Further continuing resolutions or 

appropriations legislation may provide 

for additional extensions of the statutory 

rates or revisions thereof. 

The comment period on the proposed 

rule was originally scheduled to close 

on November 16, 2004. However, by 

letter dated November 10, 2004, the 

trustees of the United Mine Workers of 

America Combined Benefit Fund 

requested a 30-day extension of that 

deadline. We are granting that request, 

which means that all interested persons 

may submit electronic or written 

comments until December 16, 2004, in 

accordance with the instructions 

provided in DATES and ADDRESSES above 

and in Part X of the preamble to the 

September 17, 2004, rule (see 69 FR 

56140).

Dated: November 18, 2004. 

Jeffrey D. Jarrett, 

Director, Office of Surface Mining 

Reclamation and Enforcement.

[FR Doc. 04–26195 Filed 11–26–04; 8:45 am] 

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