This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

50436 

Vol. 76, No. 157 

Monday, August 15, 2011 

DEPARTMENT OF THE INTERIOR 

National Indian Gaming Commission 

25 CFR Chapter III 

Class II Gaming Regulation Proposals 

Submitted by Poarch Band of Creek 

Indians on Behalf of Tribal Gaming 

Working Group 

AGENCY: National Indian Gaming 

Commission, Interior 

ACTION: Request for comments. 

SUMMARY: The National Indian Gaming 

Commission (NIGC) is publishing for 

comment Class II Gaming Regulation 

Proposals submitted on July 28, 2011 by 

the Poarch Band of Creek Indians (PBCI) 

on behalf of the Tribal Gaming Working 

Group (TGWG). PBCI and TGWG state 

their proposals were drafted with the 

intent of ensuring that all controls are 

covered in the current regulations, 

while at the same time removing some 

of the strict procedural steps and tasks 

not appropriately characterized as 

standards. PBCI and TGWG also assert 

that the current regulations are difficult 

to use and apply due to duplication 

across multiple sections, dated 

terminology, and procedures that are 

obsolete and not reflective of current 

technology. 

DATES: Comments must be received on 

or before October 7, 2011. 

ADDRESSES: You may submit comments 

by any one of the following methods, 

however, please note that comments 

sent by electronic mail are strongly 

encouraged. 

• E-mail comments to: 

reg.review@nigc.gov. 

• Mail comments to: Lael Echo-Hawk, 

Counselor to the Chair, National Indian 

Gaming Commission, 1441 L Street, 

NW., Suite 9100, Washington, DC 

20005. 

• Hand deliver comments to: 1441 L 

Street, NW., Suite 9100, Washington, 

DC 20005. 

• Fax comments to: Lael Echo-Hawk, 

Counselor to the Chair, National Indian 

Gaming Commission at 202–632–0045. 

FOR FURTHER INFORMATION CONTACT: Lael 

Echo-Hawk, Counselor to the Chair, 

National Indian Gaming Commission, 

1441 L Street, NW., Suite 9100, 

Washington, DC 20005. Telephone: 

202–632–7009; email: 

reg.review@nigc.gov 

SUPPLEMENTARY INFORMATION: 

I. General Information 

The National Indian Gaming 

Commission (NIGC) is requesting 

comments on the Class II Gaming 

Regulation Proposals submitted on July 

28, 2011 by the Poarch Band of Creek 

Indians (PBCI) on behalf of the Tribal 

Gaming Working Group (TGWG). PBCI 

and TGWG state their proposals were 

drafted with the intent of ensuring that 

all controls are covered in 25 CFR Part 

543, while at the same time removing 

some of the strict procedural steps and 

tasks not appropriately characterized as 

standards. PBCI and TGWG also assert 

that the current regulations are difficult 

to use and apply due to duplication 

across multiple sections, dated 

terminology, and procedures that are 

obsolete and not reflective of current 

technology. 

A. How can I get copies of this 

document and other comments 

submitted in regard to this document? 

You can access publicly available 

documents related to this document at 

http://www.nigc.gov/Portals/0/NIGC%

20Uploads/Tribal%20Consultation/

Regulatory%20Review%202010-2011/

NRRA/AAAFinalPackageSubmitted

NIGCon072911.pdf. Public comments 

related to this action can be found at 

http://www.nigc.gov/Tribal_

Consultation/Regulatory_Review_2011-

2012/Group_3_25_CFR_Parts_543_

547.aspx. 

B. What should I consider as I prepare 

my comments for NIGC? 

When submitting comments, 

remember to: 

1. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

2. Describe any assumptions and 

provide any technical information and/ 

or date that you used. 

3. If you estimate potential costs of 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

4. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. Explain your views as 

clearly as possible. 

5. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. What action is the agency taking? 

NIGC is announcing the availability of 

Class II Gaming Regulation proposals 

from PCBI and TGWG and requesting 

comment from the public. 

List of Subjects 

Class II Minimum Internal Control 

Standards, Class II Technical Standards, 

and related Guidance and Bulletin 

documents. 

Dated: August 10, 2011, Washington, DC. 

Tracie L. Stevens, 

Chairwoman. 

Steffani A. Cochran, 

Vice-Chairwoman. 

Daniel J. Little, 

Associate Commissioner. 

[FR Doc. 2011–20721 Filed 8–12–11; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 917 

[KY–254–FOR; OSM–2011–0005] 

Kentucky Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement (OSM), 

Interior. 

ACTION: Proposed rule; public comment 

period and opportunity for public 

hearing. 

SUMMARY: We are announcing receipt of 

a proposed amendment to the Kentucky 

Regulatory Program (hereinafter, the 

‘‘Kentucky program’’) under the Surface 

Mining Control and Reclamation Act of 

1977 (SMCRA or the Act). On May 10, 

2011, Kentucky submitted proposed 

bonding revisions to the Kentucky 

Revised Statutes (KRS) as authorized by 

House Bill 385 (HB 385), which passed 

during the State’s regular 2011 

legislative session. HB 385 amends the 

Kentucky Revised Statutes to require 

that, as of the effective date of the Act, 

any determination by the Energy and 

Environmental Cabinet (EEC) to change 

a bond requirement or bond amount 


wreier-aviles on DSKDVH8Z91PROD with PROPOSALS
Federal Register / Vol. 76, No. 157 / Monday, August 15, 2011 / Proposed Rules 50437 

currently in use will result in a new 

administrative regulation that includes 

all bond requirements, including the 

bond amount; HB 385 also prohibits 

bond amounts from being instituted as 

policy. Finally, it requires an 

administrative regulation that fails to 

include bond amounts to be declared 

deficient automatically. 

This document gives the times and 

locations that the Kentucky program 

and this submittal are available for your 

inspection, the comment period during 

which you may submit written 

comments, and the procedures that we 

will follow for the public hearing, if one 

is requested. 

DATES: We will accept written 

comments until 4 p.m., E.S.T., 

September 14, 2011. If requested, we 

will hold a public hearing on September 

9, 2011. We will accept requests to 

speak until 4 p.m., E.S.T., on August 30, 

2011. 

ADDRESSES: You may submit comments, 

identified by ‘‘SATS No. KY–254–FOR; 

Docket Number OSM–2011–0005’’ by 

either of the following two methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. The proposed rule 

has been assigned Docket ID: OSM– 

2011–0005. If you would like to submit 

comments through the Federal 

eRulemaking Portal, go to http:// 

www.regulations.gov and follow the 

instructions; or 

Mail/Hand Delivery/Courier: Joseph L. 

Blackburn, Field Office Director, 

Lexington Field Office, Office of Surface 

Mining Reclamation and Enforcement, 

2675 Regency Road, Lexington, 

Kentucky 40503. 

Instructions: For detailed instructions 

on submitting comments and additional 

information on the rulemaking process, 

see the ‘‘Public Comment Procedures’’ 

heading of the SUPPLEMENTARY

INFORMATION section in this document. 

Docket: In addition to obtaining 

copies of documents at http:// 

www.regulations.gov, you may also 

obtain information at the addresses 

listed below during normal business 

hours, Monday through Friday, 

excluding holidays. You may receive 

one free copy of the amendment by 

contacting OSM’s Lexington Field 

Office. 

Joseph L. Blackburn, Field Office 

Director, Lexington Field Office, Office 

of Surface Mining Reclamation and 

Enforcement, 2675 Regency Road, 

Lexington, Kentucky 40503, (859) 260– 

3900. 

Carl E. Campbell, Commissioner, 

Department for Natural Resources, 2 

Hudson Hollow, Frankfort, Kentucky 

40601, Telephone: (502) 564–6940. 

FOR FURTHER INFORMATION CONTACT: 

Joseph L. Blackburn, Telephone: (859) 

260–3900. E-mail: 

jblackburn@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Kentucky Program 

II. Description of the Proposed Amendment 

III. Public Comment Procedures 

IV. Procedural Determinations 

I. Background on the Kentucky 

Program 

Section 503(a) of the Act permits a 

State to assume primacy for the 

regulation of surface coal mining and 

reclamation operations on non-Federal 

and non-Indian lands within its borders 

by demonstrating that its program 

includes, among other things, ‘‘a State 

law which provides for the regulation of 

surface coal mining and reclamation 

operations in accordance with the 

requirements of this Act * * *; and 

rules and regulations consistent with 

regulations issued by the Secretary 

pursuant to this Act.’’ See 30 U.S.C. 

1253(a)(1) and (7). On the basis of these 

criteria, the Secretary of the Interior 

conditionally approved the Kentucky 

program on May 18, 1982. You can find 

background information on the 

Kentucky program, including the 

Secretary’s findings, the disposition of 

comments, and conditions of approval 

of the Kentucky program in the May 18, 

1982, Federal Register (47 FR 21434). 

You can also find later actions 

concerning Kentucky’s program and 

program amendments at 30 CFR 917.11, 

917.12, 917.13, 917.15, 917.16, and 

917.17. 

II. Description of the Proposed 

Amendment 

On March 17, 2011, Governor Beshear 

signed House Bill (HB) 385 which was 

approved by the 2011 Kentucky General 

Assembly. HB 385 amends Kentucky 

Revised Statutes 350.060 to require as of 

the effective date of the Act that any 

determination by the Energy and 

Environmental Cabinet (EEC) to change 

a bond requirement or bond amount 

currently in use will result in a new 

administrative regulation that includes 

all bond requirements including the 

bond amount; proscribe bond amounts 

from being instituted as policy; require 

after the effective date of the Act an 

administrative regulation that fails to 

include bond amounts to be declared 

automatically deficient. 

1. KRS 350.060 (11) Processing Permit 

Applications 

The State proposes to delete ‘‘The 

cabinet shall’’ and insert ‘‘Within thirty 

(30) days of a cabinet determination of 

a need to change a bond protocol 

currently in use, the cabinet shall 

immediately.’’ This proposed State 

revision falls under the Federal 

provisions at 30 CFR 800.14 and section 

509 of SMCRA. 

2. KRS 350.060 (11) Processing Permit 

Applications 

The State proposes to add new 

language at the end of (11) to ensure that 

Bond protocols will include the formula 

for establishing the amount of the bond 

or be automatically declared deficient in 

accordance to KRS Chapter 13A. This 

proposed State revision falls under the 

Federal provisions at 30 CFR 800.15 and 

section 509 of SMCRA. 

III. Public Comment Procedures 

Under the provisions of 30 CFR 

732.17(h), we are seeking your 

comments on whether the Kentucky 

program now satisfies the applicable 

program approval criteria of 30 CFR 

732.15. If we approve these revisions, 

they will become part of the Kentucky 

program. 

Written or Electronic Comments 

If you submit written comments, 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 Tribal 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 at 

locations other than those listed above 

(see ADDRESSES) will be included in the 

docket for this rulemaking and 

considered. 

Public Availability of Comments 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, be aware that your entire 

comment—including your personal 

identifying information—may be made 

publicly available at any time. While 

you may 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. We will not consider anonymous 

comments. 

Public Hearing 

If you wish to speak at the public 

hearing, contact the person listed under 


wreier-aviles on DSKDVH8Z91PROD with PROPOSALS
50438 Federal Register / Vol. 76, No. 157 / Monday, August 15, 2011 / Proposed Rules 

FOR FURTHER INFORMATION CONTACT by 4 

p.m., E.S.T. on August 30, 2011. 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 

the hearing. 

To assist the transcriber and ensure an 

accurate record, we request, that if 

possible, each person who speaks at a 

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 there is only limited interest in 

participating in a public hearing, we 

may hold a public meeting rather than 

a public hearing. If you wish to meet 

with us to discuss the amendment, 

please request a meeting by contacting 

the person listed under FOR FURTHER

INFORMATION CONTACT. All such meetings 

are open to the public and, if possible, 

we will post notices of meetings at the 

locations listed under ADDRESSES. We 

will make a written summary of each 

meeting a part of the administrative 

record. 

IV. Procedural Determinations 

Executive Order 12866—Regulatory 

Planning and Review 

This rule is exempted from review by 

the Office of Management and Budget 

(OMB) under Executive Order 12866. 

Other Laws and Executive Orders 

Affecting Rulemaking 

When a State submits a program 

amendment to OSM for review, our 

regulations at 30 CFR 732.17(h) require 

us to publish a notice in the Federal 

Register indicating receipt of the 

proposed amendment, its text or a 

summary of its terms, and an 

opportunity for public comment. We 

conclude our review of the proposed 

amendment after the close of the public 

comment period and determine whether 

the amendment should be approved, 

approved in part, or not approved. At 

that time, we will also make the 

determinations and certifications 

required by the various laws and 

executive orders governing the 

rulemaking process and include them in 

the final rule. 

List of Subjects in 30 CFR Part 917 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: June 13, 2011. 

Michael K. Robinson, 

Acting Regional Director, Appalachian 

Region. 

[FR Doc. 2011–20660 Filed 8–12–11; 8:45 am] 

BILLING CODE 4310–05–P 

POSTAL SERVICE 

39 CFR Part 111 

Folded Self-Mailers and Unenveloped 

Mailpieces 

AGENCY: Postal ServiceTM. 

ACTION: Proposed rule. 

SUMMARY: The Postal Service proposes 

to revise the Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual (DMM®) 201.3.14 to 

provide standards for creating folded 

self-mailers (FSM) and other 

unenveloped mailpieces such as forms, 

statements, and official notices that will 

improve processing of these pieces on 

automated Postal processing equipment. 

DATES: We must receive your comments 

on or before September 14, 2011. 

ADDRESSES: Mail or hand-deliver 

written comments to the manager, 

Product Classification, U.S. Postal 

Service®, 475 L’Enfant Plaza, SW., 

Room 4446, Washington, DC 20260– 

5015. Interested parties may review and 

photocopy all written comments at 

USPS® Headquarters Library, 475 

L’Enfant Plaza, SW., 11th Floor N, 

Washington, DC between 9 a.m. and 4 

p.m., Monday through Friday. Email 

comments that contain the name and 

address of the commenter, may be sent 

to: mailingstandards@usps.gov, with a 

subject line of ‘‘FSM.’’ Faxed comments 

will not be accepted. 

FOR FURTHER INFORMATION CONTACT: 

Craig Vance at 202–268–7595, or Susan 

Thomas at 202–268–8069. 

SUPPLEMENTARY INFORMATION: In this 

proposed rule, the Postal Service 

defines letter-sized FSM, provides 

detailed standards about the basic 

elements of all FSM letter-sized pieces, 

and introduces ‘‘panels’’ as a basic 

element for constructing FSMs. 

Additionally, optional creative elements 

that are currently found in FSM designs, 

but are not defined in the DMM, are 

added. 

History 

To improve the quality of FSMs, the 

USPS, in collaboration with the mailing 

industry, implemented a series of tests 

designed to identify the characteristics 

of FSMs that could be processed 

successfully on automated letter-sorting 

machines. Industry members, 

recommended through the Mailers 

Technical Advisory Council (MTAC), 

Postal Customer Councils (PCC) and the 

Business Service Network, were asked 

to provide sample mailpieces for testing. 

A wide array of mail owners, mail 

service providers, and vendors 

participated. The collaboration resulted 

in a better understanding of the 

capabilities and needs of the mailing 

community and enabled the Postal 

Service to align terms commonly used 

in the mailing industry with those in the 

proposed standards. Working together, 

the Postal Service attempted to strike a 

balance between innovation and 

mailpiece machinability. 

The outcome of this collaboration is a 

streamlined framework of proposed 

standards that aligns with existing 

letter-mail standards, provides specific 

information, and clearly defines the 

characteristics of additional design 

elements for mailers who create FSM 

mailpieces. Folded self-mailer 

maximum dimensions and weights are 

now proposed to align with other 

unenveloped letter standards. The 

dimensions will better delineate 

envelope and oversized cards when 

compared to unenveloped-type mail. 

Improved standards that are clear and 

easy to understand will encourage 

consistency and level-set the playing 

field minimizing delays in production 

and will help the Postal Service to 

control costs. 

Postal letter sorting equipment is 

capable of processing letters at the rate 

of 10 pieces per second. When prepared 

according to current standards and 

processed at that speed, some FSM 

designs have higher rates of damage and 

cause jams in letter sorting equipment 

that result in diverting those pieces to 

flat sorters or manual handling. Both 

alternate processes are time consuming 

and costly. This proposed rule provides 

standards for FSM and other 

unenveloped letter designs so those 

mailpieces can better withstand the 

rigors of letter automation processing. 

Testing 

The collaborative testing focused on 

the primary characteristics of folded 

self-mailers. Four characteristics proved 

to be the most important—dimensions, 

basis weight of the paper that forms the 


wreier-aviles on DSKDVH8Z91PROD with PROPOSALS