75528 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: 

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 

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: 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 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: 

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 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Proposed Rules 75529 

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. 

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. 


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75530 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 

AGENCY: Forest Service, USDA. 

ACTION: Proposed rule; request for 

public comment. 

SUMMARY: 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 

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 

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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