81436 Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / Proposed Rules 

RENRO, KY FIX (Lat. 37°28′50.53′′ N, long. 086°39′19.25′′ W). 

LOONE, KY WP (Lat. 37°44′14.43′′ N, long. 086°45′18.02′′ W). 

APALO, IN FIX (Lat. 38°00′20.59′′ N, long. 086°51′35.27′′ W). 

BUNKA, IN FIX (Lat. 39°04′57.32′′ N, long. 087°09′06.58′′ W). 

JIBKA, IN WP (Lat. 39°30′08.93′′ N, long. 087°16′26.74′′ W). 

CAPPY, IL WP (Lat. 40°00′06.00′′ N, long. 087°44′31.22′′ W). 

SMARS, IL WP (Lat. 41°07′38.18′′ N, long. 088°51′38.22′′ W). 

TRENM, IL WP (Lat. 41°17′24.93′′ N, long. 089°00′27.53′′ W). 

START, IL WP (Lat. 41°45′24.83′′ N, long. 089°00′21.81′′ W). 

GRIFT, IL WP (Lat. 42°17′28.14′′ N, long. 088°53′41.42′′ W). 

DEBOW, WI WP (Lat. 42°44′08.30′′ N, long. 088°50′48.92′′ W). 

LUNGS, WI WP (Lat. 43°02′43.66′′ N, long. 088°56′54.86′′ W). 

HOMNY, WI WP (Lat. 43°31′02.22′′ N, long. 088°39′40.15′′ W). 

Oshkosh, WI (OSH) VORTAC (Lat. 43°59′25.56′′ N, long. 088°33′21.36′′ W). 

* * * * * 

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 

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 http://

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, 

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: osm-chfo@osmre.gov. 

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 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / Proposed Rules 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. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
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 

AGENCY: Office of the Secretary of 

Defense, DoD. 

ACTION: Proposed rule. 

SUMMARY: 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://

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. 

Regulatory Analysis 

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. 

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 

Controlling Regulatory Costs,’’ do not 

apply. 

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. 

Executive Order 13132, ‘‘Federalism’’ 

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. 

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 


khammond on DSKJM1Z7X2PROD with PROPOSALS