Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Proposed Rules 18149 

mailing address. Your comments also 

must be made in English, be legible, and 

be written in language acceptable for 

public disclosure. TTB does not accept 

anonymous comments, does not 

acknowledge receipt of comments, and 

considers all comments as originals. 

If you are commenting on behalf of an 

association, business, or other entity, 

your comment must include the entity’s 

name as well as your name and position 

title. If you comment via 

Regulations.gov, please enter the 

entity’s name in the ‘‘Organization’’ 

blank of the comment form. If you 

comment via mail, please submit your 

entity’s comment on letterhead. 

You may also write to the 

Administrator before the comment 

closing date to ask for a public hearing. 

The Administrator reserves the right to 

determine whether to hold a public 

hearing. 

Confidentiality 

All submitted comments and 

attachments are part of the public record 

and subject to disclosure. Do not 

enclose any material in your comments 

that you consider confidential or 

inappropriate for public disclosure. 

Public Disclosure 

On the Federal e-rulemaking portal, 

Regulations.gov, TTB will post, and the 

public may view, copies of this notice 

and any electronic or mailed comments 

we receive about it. A direct link to the 

Regulations.gov docket containing this 

notice and the posted comments 

received on it is available on the TTB 

Web site at http://www.ttb.gov/spirits/ 

spirits-rulemaking.shtml under Notice 

No. 126. You may also reach the docket 

containing this notice and its related 

comments through the Regulations.gov 

search page at http:// 

www.regulations.gov. 

All posted comments will display the 

commenter’s name, organization (if 

any), city, and State, and, in the case of 

mailed comments, all address 

information, including email addresses. 

TTB may omit voluminous attachments 

or material that the Bureau considers 

unsuitable for posting. 

You and other members of the public 

may view copies of this notice and any 

electronic or mailed comments TTB 

receives on it by appointment at the 

TTB Information Resource Center, 1310 

G Street NW., Washington, DC 20005. 

You may also obtain copies at 20 cents 

per 8.5 x 11-inch page. Contact the TTB 

information specialist at the above 

address or by telephone at 202–453– 

2270 to schedule an appointment or to 

request copies of comments or other 

materials. 

Regulatory Analysis and Notices 

Executive Order 12866 

It has been determined that this 

proposed rule is not a significant 

regulatory action as defined in 

Executive Order 12866. Therefore, a 

regulatory assessment is not required. 

Regulatory Flexibility Act 

Pursuant to the requirements of the 

Regulatory Flexibility Act (5 U.S.C. 

chapter 6), TTB certifies that this notice 

of proposed rulemaking will not have a 

significant economic impact on a 

substantial number of small entities. 

The propose rule would clarify the 

statue of Pisco under the standards of 

identity for distilled spirits and, if 

promulgated, will not impose, or 

otherwise cause, a significant increase 

in reporting, recordkeeping, or other 

compliance burdens on a substantial 

number of small entities. Accordingly, a 

regulatory flexibility analysis is not 

required. 

Drafting Information 

Karen Welch of the Regulations and 

Rulings Division, Alcohol and Tobacco 

Tax and Trade Bureau, drafted this 

notice. 

List of Subjects in 27 CFR Part 5 

Advertising, Customs duties and 

inspection, Imports, Labeling, Liquors, 

Packaging and containers, Reporting 

and recordkeeping requirements, Trade 

practices. 

Amendment to the Regulations 

For the reasons discussed in the 

preamble, TTB proposes to amend 27 

CFR part 5 as follows: 

PART 5—LABELING AND 

ADVERTISING OF DISTILLED SPIRITS 

1. The authority citation for part 5 

continues to read as follows: 

Authority: 26 U.S.C. 5301, 7805, 27 U.S.C. 

205. 

2. Section 5.22 is amended by: 

a. In paragraph (d) introductory text, 

removing the words ‘‘paragraph (d)(1) 

through (8)’’ and adding, in their place, 

the words ‘‘paragraphs (d)(1) through 

(9)’’; 

b. In paragraph (k)(3), by removing the 

words ‘‘Cognac,’’ and ‘‘Pisco brandy,’’; 

and 

c. Adding new paragraph (d)(9) to 

read as follows: 

§ 5.22 The standards of identity. 

* * * * * 

(d) * * * 

(9) ‘‘Pisco’’ is grape brandy 

manufactured in Peru or Chile in 

accordance with the laws and 

regulations governing the manufacture 

of Pisco of the country of manufacture. 

(i) ‘‘Pisco Peru ́’’ (or ‘‘Pisco Peru’’) is 

Pisco manufactured in Peru in 

accordance with the laws and 

regulations of Peru governing the 

manufacture of Pisco. 

(ii) ‘‘Pisco Chileno’’ or ‘‘Chilean 

Pisco’’ is Pisco manufactured in Chile in 

accordance with the laws and 

regulations of Chile governing the 

manufacture of Pisco. 

* * * * * 

Signed: February 3, 2012. 

John J. Manfreda, 

Administrator. 

Approved: February 27, 2012. 

Timothy E. Skud, 

Deputy Assistant Secretary, Tax, Trade, and 

Tariff Policy. 

[FR Doc. 2012–7256 Filed 3–26–12; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 926 

[SATS No. MT–033–FOR; Docket ID OSM– 

2011–0012] 

Montana Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Proposed rule; reopening and 

extension of public comment period and 

opportunity for public hearing on 

proposed amendment. 

SUMMARY: We are announcing receipt of 

Montana’s response to the Office of 

Surface Mining Reclamation and 

Enforcement’s (OSM) November 22, 

2011, letter pertaining to a previously 

proposed amendment to the Montana 

regulatory program (hereinafter, the 

‘‘Montana program’’) under the Surface 

Mining Control and Reclamation Act of 

1977 (SMCRA or the Act). Montana 

proposes changes to the Montana Strip 

and Underground Mine Reclamation 

Act (MSUMRA) that pertain to coal 

prospecting. Montana intends to revise 

its program to comply with changes 

made in the 2011 Montana Legislature 

as a result of the passage of Senate Bill 

286. 

This document gives the times and 

locations that the Montana program and 

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 

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18150 Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Proposed Rules 

will follow for the public hearing, if one 

is requested. 

DATES: We will accept written 

comments on this amendment until 

4 p.m., m.s.t. April 26, 2012. If 

requested, we will hold a public hearing 

on the amendment on April 23, 2012. 

We will accept requests to speak until 

4 p.m., m.s.t. on April 11, 2012. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. This proposed 

rule has been assigned Docket ID: OSM– 

2011–0012. If you would like to submit 

comments through the Federal 

eRulemaking Portal, go to 

www.regulations.gov and follow the 

instructions. 

• Mail/Hand Delivery/Courier: Jeffrey 

Fleischman, Director, Casper Field 

Office, Office of Surface Mining 

Reclamation and Enforcement, Dick 

Cheney Federal Building, POB 11018, 

150 East B Street, Casper, Wyoming 

82601–1018. 

Instructions: All submissions received 

must include the agency name and 

‘‘MT–033–FOR.’’ For detailed 

instructions on submitting comments 

and additional information on the 

rulemaking process, see the Public 

Comment Procedures heading in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: In addition to viewing the 

docket and obtaining copies of 

documents at www.regulations.gov, you 

may review copies of the Montana 

program, this amendment, a listing of 

any scheduled public hearings, and all 

written comments received in response 

to this document at the addresses listed 

below during normal business hours, 

Monday through Friday, excluding 

holidays. You may also receive one free 

copy of the amendment by contacting 

OSM’s Casper Field Office. 

Jeffrey Fleischman, Director, Casper 

Field Office, Office of Surface Mining 

Reclamation and Enforcement, Dick 

Cheney Federal Building, POB 11018, 

150 East B Street, Casper, Wyoming 

82601–1018, (307) 261–6555, 

jfleischman@osmre.gov. 

Edward L. Coleman, Bureau Chief, 

Industrial and Energy Minerals 

Bureau, Montana Department of 

Environmental Quality, P.O. Box 

200901, Helena, Montana 59620– 

0901, (406) 444–4973, 

ecoleman@mt.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Fleischman, Telephone: (307) 

261–6555. Internet: 

jfleischman@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Montana Program 

II. Description of the Proposed Amendment 

III. Public Comment Procedures 

IV. Procedural Determinations 

I. Background on the Montana 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 State 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 Montana 

program on April 1, 1980. You can find 

background information on the Montana 

program, including the Secretary’s 

findings, the disposition of comments, 

and conditions of approval of the 

Montana program in the April 1, 1980, 

Federal Register (45 FR 21560). You can 

also find later actions concerning 

Montana’s program and program 

amendments at 30 CFR 926.15, 926.16, 

and 926.30. 

II. Description of the Proposed 

Amendment 

By letter dated July 20, 2011, Montana 

sent us a proposed amendment to its 

program (Administrative Record Docket 

ID No. OSM–2011–0012) under SMCRA 

(30 U.S.C. 1201 et seq.). Montana 

submitted the amendment to include 

changes made to the MSUMRA as a 

result of the 2011 Montana Legislature 

passage of Senate Bill 286 relating to 

coal prospecting. 

Specifically, Montana proposes to 

amend the MSUMRA to modify the coal 

prospecting procedures to allow for a 

new type of coal prospecting permit 

when prospecting is conducted to 

determine the location, quantity, and 

quality of coal that is (1) outside an area 

designated as unsuitable, (2) does not 

remove more than 250 tons, and (3) does 

not substantially disturb the natural 

land surface. The effect of the modified 

procedures causes MSUMRA to have 

three tiers of prospecting regulation, 

rather than the currently approved two 

tiers. The full text of the program 

amendment is available for you to read 

at the locations listed above under 

ADDRESSES. 

We announced receipt of the 

proposed amendment in the October 17, 

2011, Federal Register (200 FR 64047; 

Administrative Record No. OSM 2011– 

0012–0001), provided an opportunity 

for a public hearing or meeting on its 

substantive adequacy, and invited 

public comment on its adequacy. 

Because no one requested a public 

hearing or meeting, none was held. The 

public comment period ended on 

November 17. 2011. We received 

comments from the Mine Safety and 

Health Administration stating that it 

agreed with the proposed revisions. We 

did not receive any comments from the 

general public. 

During our review of the amendment, 

we identified areas needing clarification 

at MSUMRA Section 82–4–226. We 

notified Montana of our concerns by 

letter dated November 22, 2011 

(Administrative Record No. OSM–2011– 

0012–0005). Montana responded in a 

letter dated December 22, 2011, by 

submitting additional explanatory 

information (Administrative Record No. 

OSM–2011–0012–0006). Specifically, 

Montana clarified when prospecting 

operations would be regulated under 

proposed MSUMRA Section 82–4– 

226(7), and that prospecting operations 

conducted under proposed MSUMRA 

Sections 82–4–226(7)(b) and (8) would 

not be allowed to substantially disturb 

the natural land surface. Finally, 

Montana clarified that proposed 

MSUMRA Section 82–4–226(7) would 

be interpreted and implemented based 

upon legislative history and the rules of 

statutory construction so that when 

operations are permitted under 

MSUMRA Section 82–4–226(8), 

subsections (1) and (2) would not apply, 

but subsections (3) through (6) would 

apply. 

III. Public Comment Procedures 

Under the provisions of 30 CFR 

732.17(h), we are seeking your 

comments on whether the submission 

satisfies the applicable program 

approval criteria of 30 CFR 732.15. If we 

approve the amendment, it will become 

part of the Montana program. 

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 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 cannot ensure that comments 

received after the close of the comment 

period (see DATES) or sent to an address 

other than those listed above (see 

ADDRESSES) will be included in the 

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Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Proposed Rules 18151 

docket for this rulemaking and 

considered. 

Electronic or Written 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 would 

appreciate all comments relating to this 

specific issue, but those most useful and 

likely to influence decisions on the final 

rule will be those that either involve 

personal experience or include citations 

to and analysis of the Surface Mining 

Control and Reclamation Act of 1977, its 

legislative history, its implementing 

regulations, case law, other State or 

Federal laws and regulations, data, 

technical literature, or other relevant 

publications. 

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.s.t. on April 11, 2012. 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, if possible, 

that 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. 

VI. 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 

(Regulatory Planning and Review). 

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 950 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: January 6, 2012. 

Allen D. Klein, 

Director, Western Region. 

[FR Doc. 2012–7325 Filed 3–26–12; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 155 

[Docket No. USCG–2011–0430, Formerly 

CGD 90–068] 

RIN 1625–AA02, Formerly 2115–AD66 

Discharge Removal Equipment for 

Vessels Carrying Oil 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of intent to finalize with 

request for comments. 

SUMMARY: The Coast Guard is advising 

the public of its intent to finalize 

regulations previously published as an 

interim final rule on December 22, 1993. 

The interim final rule was published to 

reduce the risk of oil spills, improve 

vessel oil spill response capabilities, 

and minimize the impact of oil spills on 

the environment, but certain portions of 

the interim final rule were never 

published as a final rule. Because of the 

lapse in time since the interim final 

rule’s publication, the Coast Guard is 

seeking comments from the public 

before finalizing those portions of the 

interim final rule. 

DATES: Comments must be received on 

or before May 29, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2011–0430 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email Mr. David Du Pont, Office of 

Standards Evaluation and Development 

(CG–523), U.S. Coast Guard; telephone 

202–372–1497, email 

David.A.DuPont@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Ms. Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Notice 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

B. Viewing Comments and Documents 

C. Privacy Act 

D. Public Meeting 

II. Abbreviations 

III. Basis and Purpose 

A. Statutory and Regulatory History 

B. Why is this notice of intent necessary? 

IV. Summary of Regulations in the IFR 

V. Subsequent Changes to the IFR 

Regulations 

VI. Discussion of Comments 

A. Comments on Specific Sections in the 

IFR 

B. General Comments 

VII. Supporting Analyses 

A. Regulatory Assessment 

B. Environment 

VIII. Intent To Finalize; Request for 

Comments 

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