3562 Federal Register / Vol. 89, No. 13 / Friday, January 19, 2024 / Rules and Regulations 

therefore excepted from the 

requirements of section 417(e)(3). Thus, 

under the amendment, the combined 

payments payable to Participant R 

under the Social Security level income 

option of $2,013.14 per month until age 

65 and $1,013.14 per month thereafter 

satisfy the requirements of section 

417(e)(3) and this paragraph (d). 

(8) * * * 

(vi) Applicability date for provisions 

reflecting PPA ’06 updates and other 

rules. Paragraphs (d)(1) through (4) of 

this section apply to distributions with 

annuity starting dates occurring on or 

after October 1, 2024. For earlier 

distributions, the rules of § 1.417(e)–1(d) 

as set forth in 26 CFR part 1, revised as 

of April 1, 2023, apply, except that 

taxpayers may instead apply the rules of 

paragraphs (d)(1) through (4) of this 

section. 

(9) Relationship with section 

411(d)(6). A plan amendment that 

changes the interest rate or the mortality 

assumptions used for the purposes 

described in paragraph (d)(1) of this 

section (including a plan amendment 

that changes the time for determining 

those assumptions) is generally subject 

to section 411(d)(6). However, for 

certain exceptions to the rule in the 

preceding sentence, see paragraph 

(d)(7)(iv) of this section (with respect to 

a plan amendment providing for 

bifurcation that was adopted before 

December 31, 2017), § 1.411(d)–3(a)(4) 

(regarding changes in lookback months 

and stability periods for mortality table 

and interest rate), § 1.411(d)–4, Q&A– 

2(b)(2)(v) (with respect to plan 

amendments relating to involuntary 

distributions), and section 1107(a)(2) of 

the Pension Protection Act of 2006, 

Public Law 109–280, 120 Stat. 780 (PPA 

’06) (with respect to certain plan 

amendments that were made pursuant 

to a change to the Internal Revenue 

Code made by PPA ’06 or pursuant to 

regulations issued thereunder). 

* * * * * 

Douglas W. O’Donnell, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: December 27, 2023. 

Lily Batchelder, 

Assistant Secretary of the Treasury (Tax 

Policy). 

[FR Doc. 2024–00978 Filed 1–18–24; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 950 

[SATS No. WY–050–FOR; Docket ID No. 

OSM–2021–0004; S1D1S SS08011000 

SX064A000 223S180110; S2D2S 

SS08011000 SX064A000 22XS501520] 

Wyoming Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Final rule; approval with 

exceptions. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSMRE), are approving with 

exceptions an amendment to the 

Wyoming regulatory program (Wyoming 

program) under the Surface Mining 

Control and Reclamation Act of 1977 

(SMCRA or the Act). Between 1978 and 

2007, the Wyoming Legislature enacted 

a number of revisions to the statutes 

governing coal exploration by drilling. 

On March 2, 2016, the Wyoming 

Environmental Quality Council 

approved a number of revisions to the 

rules governing coal exploration by 

drilling under the Wyoming program. 

The State submitted this proposal to 

OSMRE at its own initiative. 

DATES: Effective February 20, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Fleischman; Director, Denver 

Field Division, Office of Surface Mining 

Reclamation and Enforcement, 100 East 

B Street, Room 4100; Casper, Wyoming 

82602. Telephone: (307) 261–6550. 

Email: jfleischman@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Wyoming Regulatory 

Program 

II. Submission of the Amendment 

III. OSMRE’s Findings 

IV. Summary and Disposition of Comments 

V. OSMRE’s Decision 

VI. Procedural Determinations 

I. Background on the Wyoming 

Regulatory Program 

Subject to OSMRE’s oversight, 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 nonIndian lands within its borders by 

demonstrating that its 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 

in the November 26, 1980, Federal 

Register (45 FR 78637). You can also 

find later actions concerning Wyoming’s 

program and program amendments at 30 

CFR 950.10, 950.12, 950.15, 950.16, and 

950.20. 

II. Submission of the Amendment 

By letter dated June 14, 2021 (Docket 

ID No. OSM–2021–0004), 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 July 13, 

2021. 

Between 1978 and 2007, the Wyoming 

Legislature enacted a number of 

revisions to the statutes governing coal 

exploration by drilling. The proposed 

statutory revisions reflect organizational 

changes at the Wyoming Land Quality 

Division (LQD), correct a typographical 

error, provide more detailed 

instructions for plugging and sealing 

drill holes, incorporate provisions for 

the awarding of attorney fees and other 

litigation costs, and include more 

detailed instructions for bond release. 

Additionally, on March 2, 2016, the 

Wyoming Environmental Quality 

Council approved a number of revisions 

to the rules governing coal exploration 

by drilling under the Wyoming program. 

The proposed amendment is a state 

initiative to update Chapter 14 of the 

LQD Coal Rules and Regulations, which 

was last revised in 1998. The revised 

rules were updated to include more 

detailed directions for plugging and 

sealing requirements for drill holes. The 

rules were also updated to include best 

management practices and standards 

adopted by the Wyoming State 

Engineer’s Office that conform with 

accepted best practices by the American 

Society for Testing and Materials and 

American Water Works Association, and 

Wyoming Department of Environmental 

Quality—Water Quality Division 

regulations. Other revisions include a 

list of acceptable grout materials, 

requirements to plug the entire hole, 

immediate capping of drill holes, and 

adding identification numbers to 

facilitate inspections. Additional 

formatting and organizational changes 

were made to Chapter 14. 

We announced receipt of the 

proposed amendment in the October 28, 

2021, Federal Register (86 FR 59674). In 

the same document, we opened a public 


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comment period and provided an 

opportunity for a public hearing or 

meeting on the adequacy of the 

amendment. We did not hold a hearing 

or meeting because none was requested. 

We received one comment on the 

amendment. The public comment 

period closed November 29, 2021. 

III. OSMRE’s Findings 

The following are the findings we 

made concerning the amendment under 

SMCRA and the federal regulations at 

30 CFR 732.15 and 732.17. We are 

approving with exceptions the 

amendment as described below. 

A. Minor Revisions to Wyoming’s Rules 

Wyoming proposed minor 

grammatical and organizational changes 

to Chapter 14 of the LQD Coal Rules and 

Regulations. Wyoming did not propose 

any substantive changes to the text of 

these previously approved regulations. 

Because the proposed revisions are 

minor and result in no substantive 

changes to the Wyoming program, we 

are approving the changes and find that 

they are no less effective than the 

corresponding federal regulations at 30 

CFR parts 700 to 887. The specific, 

minor revisions to the Code of Wyoming 

Rules and the federal regulation 

counterparts are as follows: 

• Section 1 heading: minor 

grammatical change; 

• Section 2 heading: minor 

grammatical change; 

• Section 3 heading: minor 

grammatical change; 

• Subsection 1(a): statutory crossreference update; 

• Subsection 1(g): statutory crossreference update; 

• Subsection 2(a): organizational 

change; 

• Subsection 4(d): minor grammatical 

change; 

• Subsection 3(c): organizational 

change; 

• Subsection 3(f): organizational 

change and minor grammatical change; 

• Subsection 3(a)(ii): organizational 

change; and 

• Subsection 5(a): minor revision to 

date of statutory enactment. 

B. Revisions to Wyoming’s Rules That 

Have the Same or Similar Meaning as 

the Corresponding Provisions of the 

Federal Regulations 

Wyoming also proposed a number of 

substantive revisions to Chapter 14 of 

the LQD Coal Rules and Regulations 

that have the same or substantially 

similar meaning as the corresponding 

provisions of the federal regulations. 

Therefore, we are approving them: 

• Subsection 1(b): Casing and sealing 

of drilled holes [30 CFR 816.13]; 

• Subsection 2(a): Casing and sealing 

of drilled holes [30 CFR 816.13]; 

• Subsection 1(g): Coal exploration 

public availability of information 

requirements [30 CFR 772.15 (b)]. 

Within Subsection 1(g), Wyoming also 

updated a statutory reference to W.S. 

35–11–1101 such that 2015 is reflected 

as the year of enactment. Since 

OSMRE’s approval of the existing 

language at Chapter 14, Subsection 2(b) 

(recodified at Subsection 1(g) as part of 

this amendment), W.S. 35–11–1101 has 

been revised with the addition of 

Subsection (c). This occurred during the 

1994 Wyoming legislative session. 

Subsection (c) reads: ‘‘In any suit under 

this section or the Public Records Act, 

W.S. 16–4–201 et seq., to compel the 

release of information under this act, the 

court may assess against the state 

reasonable attorney fees and other 

litigation costs reasonably incurred in 

any case in which the complainant has 

substantially prevailed and in which the 

court determines the award is 

appropriate.’’ Wyoming notes its 

revisions to Subsection 2(b) are part of 

its compliance with 30 CFR 840.14 

(Availability of records). In this case, 

Wyoming references W.S. 35–11–1101 

to highlight an exception to the 

requirements of 30 CFR 840.14. 

Wyoming’s incorporation of the 

requirements at 30 CFR 840.14, 

including references to W.S. 35–11– 

1101, was approved by OSMRE on 

December 4, 2019. See 84 FR 66311; 

• Subsection 2(b): Coal exploration 

performance standards [30 CFR 

815.15(i)]; 

• Subsection 2(c): Coal exploration 

performance standards [30 CFR 

815.15(i)]; 

• Subsection 2(i): Wyoming revised 

the requirements of Chapter 14, Section 

2 by adding Subsection (i). Wyoming’s 

proposed language closely mirrors 

pertinent portions of the federal 

counterpart provision at 30 CFR 816.13 

(the additional requirements of 30 CFR 

816.13 are constructed at LQD Coal 

Rules and Regulations Chapter 4, 

Subsection 2(p), and Chapter 10, 

Subsection 4(j)). The language proposed 

for addition would provide for 

appropriate backfill of all drill holes to 

the ground surface to ensure the safety 

of people, livestock, wildlife, and 

machinery in the area. Similarly, the 

drill hole casing and sealing federal 

regulations at 30 CFR 816.13 require 

that exploration or other holes be cased, 

sealed, or otherwise managed to ensure 

the safety of people, livestock, fish and 

wildlife, and machinery in the permit 

and adjacent area. Where the federal 

language specifies ‘‘in the permit area 

and adjacent area’’ Wyoming’s proposed 

language—‘‘in the area’’—is slightly 

broader and can be reasonably 

understood to capture both the permit 

area and adjacent area. These changes 

were also made for consistency with 

Wyoming Division of Environmental 

Quality—Water Quality Division Rules 

and Regulations at Chapter 11, Part G, 

Section 70; newly approved Wyoming 

State Engineer’s Office Rules and 

Regulations, Part III; and American 

Society for Testing and Materials 

(ASTM) D–5299. Importantly, however, 

Wyoming omitted the word ‘‘fish’’ from 

the phrase ‘‘fish and wildlife.’’ 

‘‘Fish and wildlife’’ is a term of art 

that appears throughout the Endangered 

Species Act of 1973 (ESA), SMCRA, and 

implementing federal regulations at 30 

CFR part 700 to end. While an argument 

can be made the term ‘‘wildlife’’ 

describes all fauna, including fish, the 

text of the ESA and SMCRA clearly and 

consistently demonstrates Congress’ 

intent to use the two words together, 

forming the phrases ‘‘fish and wildlife’’ 

or ‘‘fish or wildlife.’’ Additionally, 

because the thrust of the proposed 

revisions to Chapter 14 is to incorporate 

best management practices related to, 

and enhancing protections for, surface 

and groundwater quality and quantity 

within the context of exploration for 

coal by drilling, the inclusion of ‘‘fish’’ 

adjacent to ‘‘wildlife’’ here is 

particularly important and appropriate. 

Accordingly, Wyoming’s proposed rule 

change, as submitted, was less effective 

than the federal regulations at 30 CFR 

816.13 and less stringent than SMCRA. 

By letter dated August 12, 2022, we 

informed Wyoming of the requirement 

to add the word ‘‘fish’’ at Chapter 14, 

Subsection 2(i) to form the phrase ‘‘fish 

and wildlife.’’ In our letter we offered to 

temporarily delay rulemaking to allow 

Wyoming time to respond and address 

the identified concern. 

By letter dated September 14, 2022, 

Wyoming responded to our concern. 

Wyoming indicated that, although they 

had taken the initial steps to address our 

concern through formal rulemaking, the 

State’s internal processes would 

preclude Wyoming from addressing our 

concern within the allowable timeframe. 

However, our Final Rule Notice not 

approving this change was significantly 

delayed and Wyoming ultimately was 

able to respond to the concern. By letter 

dated September 22, 2023 Wyoming resubmitted its Chapter 14 amendment 

package with revisions to Subsection 

2(i) specifically addressing the concern 

noted above. 

Accordingly, we are approving the 

addition of Subsection 2(i), as revised. 


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• Subsection 2(j): Temporary casing 

and sealing of drilled holes [30 CFR 

816.14]; 

• Subsection 2(k): Casing and sealing 

of drilled holes [30 CFR 816.13]; 

• Subsection 2(l): Coal exploration 

performance standards [30 CFR 

815.15(i)]; 

• Subsection 3(b)(i)–(ii): Coal 

exploration performance standards [30 

CFR 815.15(j)]; 

• Section 5. Wyoming proposed to 

revise several statutory citations in 

Section 5 to reflect the most current year 

of enactment. For example, at 

Subsection 5(b) Wyoming inserted 

‘‘2015’’ at the end of the statutory 

citation to ‘‘W.S. 35–11–421 through 

35–11–423.’’ ‘‘W.S. 35–11–421 through 

35–11–423 (2015)’’ captures the 

following statutory provisions: W.S. 35– 

11–421(a)–(c); W.S. 35–11–422; and 

W.S. 35–11–423 (a)–(d). No changes 

have been made to W.S. 35–11–421 or 

W.S. 35–11–422 since 1977. In 1980 the 

Wyoming Legislature did revise W.S. 

35–11–423 at Subsection (d) (Release of 

bonds), to read, ‘‘The council shall 

promulgate rules and regulations 

governing the release of bonds for 

surface coal mining operations in 

compliance with Public Law 95–87 as 

that law is worded on August 3, 1977, 

which shall be controlling 

notwithstanding other provisions of 

W.S. 35–11–417 and 35–11–423 to the 

contrary.’’ The Secretary of the Interior 

approved the Wyoming coal regulatory 

program in 1980. Within the context of 

Wyoming Statutes Title 35, Chapter 11, 

‘‘council’’ refers to the Environmental 

Quality Council (EQC) as established by 

the Wyoming Environmental Quality 

Act. The revised provision at W.S. 35– 

11–423(d) directs the EQC to 

promulgate rules and regulations 

governing bond release on surface coal 

mining operations, pursuant to SMCRA, 

regardless of any conflict with existing 

state law at W.S. 35–11–417 (Bonding 

provisions) and W.S. 35–11–423. The 

promulgation of SMCRA-compliant 

rules and regulations governing bond 

release for surface coal mining 

operations—among other topics—is a 

reasonable and logical next step in the 

pursuit of state primacy following the 

passage of SMCRA. In fact, the language 

at W.S. 35–11–423(d), while specific to 

bond release, essentially describes the 

process of standing-up a state coal 

regulatory program, with the important 

distinction that the promulgated rules 

and regulations must be SMCRAcompliant and controlling. We find the 

proposed change renders the Wyoming 

program no less effective than OSMRE’s 

regulations nor less stringent than 

SMCRA, and we approve it. 

Wyoming also revised the statutory 

citation contained in the existing 

provision at Chapter 14, Subsection 5(c), 

‘‘W.S. 35–11–404 (k)–(n)’’ by inserting 

‘‘(2015)’’ at the end of the citation to 

reflect the year of enactment. No 

changes have been made to W.S. 35–11– 

404(n) since 1977. The Wyoming 

Legislature did revise W.S. 35–11– 

404(k) in 1980 and W.S. 35–11–404(m) 

in 1992. Changes to W.S. 35–11–404(m) 

include: ‘‘The director in consultation 

with’’ was inserted; ‘‘section’’ was 

substituted for ‘‘act’’; and ‘‘director in 

having’’ was substituted for 

‘‘administrator, land quality division in 

having.’’ Neither SMCRA nor the 

OSMRE regulations state which 

individual within the organization of 

the regulatory authority, including 

administrators or directors, may carry 

out which of the many functions 

comprising implementation of a 

regulatory program. Second, the change 

from ‘‘act’’ to ‘‘section’’ is logical given 

the subject matter of Subsection (m), 

abandoned exploratory drill holes, and 

the section heading for W.S. 35–11–404: 

‘‘Drill holes to be capped, sealed, or 

plugged.’’ These stylistic changes add 

specificity without altering the 

stringency/effectiveness of the 

previously approved statutory language 

of Subsection (m). Therefore, we are 

approving them. 

In 1980, W.S. 35–11–404 was 

amended to include Subsection (k), 

effective upon final approval of 

Wyoming’s regulatory program pursuant 

to SMCRA. The Wyoming program was 

approved by OSMRE on November 26, 

1980. Subsection (k) reads as follows: 

‘‘Except as follows, any person who fails 

or refuses to comply with the provisions 

of this section is guilty of a 

misdemeanor and on conviction is 

subject to imprisonment in a county jail 

for not more than ninety (90) days or a 

fine of not more than five thousand 

dollars ($5,000.00), or both. 

Any person who drills in conjunction 

with coal mining or coal exploration 

operations in violation of this section or 

regulations promulgated pursuant 

hereto is subject to the provisions of 

W.S. 35–11–901.’’ The language of 

Subsection (k) imposes a maximum 90- 

day jail sentence and maximum $5,000 

penalty, or both, on any person who 

fails to comply with the provisions of 

the Wyoming Public Health and Safety 

Act pertaining to the capping, sealing, 

and plugging of coal exploration drill 

holes. Subsection (k) additionally 

provides, ‘‘Any person who drills in 

conjunction with coal mining or coal 

exploration operations in violation of 

this section or regulations promulgated 

pursuant hereto is subject to the 

provisions of W.S. 35–11–901.’’ This 

language incorporates by reference the 

provisions for civil and criminal 

penalties found at W.S. 35–11–901. 

SMCRA section 512(c) incorporates by 

reference the civil penalty provisions of 

SMCRA section 518(a). Section 518(a), 

in pertinent part, imposes a maximum 

fine of $5,000 on ‘‘any permittee who 

violates any permit condition or who 

violates any other provision of this title 

. . .’’ but does not include any mention 

of imprisonment. 

With the imprisonment component, 

the language of Subsection (k) is more 

specific than what is provided by 

SMCRA. This difference does not render 

the statute any less stringent than 

required by SMCRA or the Wyoming 

regulatory program any less effective 

than the OSMRE regulations. W.S. 35– 

11–901(a) additionally provides for 

fines of up to $10,000 per day, per 

violation, temporary and permanent 

injunctions, or both, for any person who 

causes an applicable violation. 

Counterpart language at SMCRA section 

518(a) (Civil penalties . . .) provides for 

fines of up to $5,000 per violation, per 

day but does not contemplate 

injunctions or a combination of fines 

and injunctions. In this way W.S. 35– 

11–901 is more stringent than SMCRA. 

W.S. 35–11–901(j) provides for fines of 

up to $25,000 per day, per violation and 

imprisonment of up to one year or both 

($50,000 and 2 years or both upon 

subsequent conviction) for any person 

who willfully and knowingly causes an 

applicable violation. Counterpart 

language at SMCRA section 518(e) 

(Willful violations) provides for fines of 

not more than $10,000, imprisonment 

for no more than one year, or both. 

Again, the language at W.S. 35–11– 

901(j) is more stringent than that 

provided by SMCRA. W.S. 35–11– 

901(k) provides for fines of up to 

$10,000 per day, per violation, 

imprisonment for up to one year, or 

both, for any person who knowingly 

makes an applicable false statement 

under the Wyoming program. 

Counterpart language at SMCRA section 

518(g) (False statements . . .) likewise 

provide for fines of up to $10,000, 

imprisonment for one year, or both, for 

any person who knowingly makes a 

false statement, representation, or 

certification under the Act. Here the 

language at W.S. 35–11–901(k) and 

SMCRA section 518(g) are nearly 

identical in effect. For the reasons 

explained above we are approving the 

reference to W.S. 35–11–901 

incorporated by reference at W.S. 35– 

11–404(k). 

• Section 6: Casing and sealing of 

drilled holes [30 CFR 816.13]; 


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• Wyoming Statutes 35–11–404(e); 

and 

• Wyoming Statutes 35–11–404(j). 

C. Revisions to Wyoming’s Rules That 

Lack Corresponding Provisions in the 

Federal Regulations 

Wyoming also proposed a number of 

substantive revisions to Chapter 14 of 

the LQD Coal Rules and Regulations 

that do not have corresponding 

provisions in the federal regulations. 

The lack of federal counterpart 

provisions for these rules does not 

render the Wyoming program less 

effective than required by the federal 

regulations nor less stringent than 

required by SMCRA. Accordingly, we 

are approving them. 

Section 1. Wyoming added 

Subsection 1(c) to clarify the 

requirements for exploration by drilling 

within a permit area and to be explicit 

when drilling is considered 

‘‘exploration by drilling’’ as 

distinguished from ‘‘developmental 

drilling.’’ When exploration by drilling 

is conducted inside a permit area but 

500 feet or more from the active mining 

area, the proposed language would 

require the developer to notify the LQD 

Administrator and adjust the 

reclamation bond for the mining permit. 

Wyoming also revised Subsection 1(d) 

to incorporate the terms ‘‘permit area’’ 

and ‘‘surface coal mining and 

reclamation operation,’’ which are 

defined and used throughout the LQD 

Coal Rules and Regulations, for clarity 

and consistency. As revised, Subsection 

1(d) requires the discoverer for coal 

exploration by drilling operations 

outside of a permit area to provide a 

Drilling Notification and reclamation 

bond to the LQD Administrator, prior to 

drilling. The reference to a ‘‘hole 

completion and surface restoration plan 

in accordance with Section 2’’ is 

eliminated as Wyoming recodifies these 

requirements within its revisions to 

Section 3 (Reclamation of Drill Sites and 

Affected Lands). Wyoming also added 

the new Subsection 1(e) to define the 

elements of a Drilling Notification, in a 

form specified by the LQD 

Administrator, which include the 

approximate number and depth of holes 

to be drilled and a map showing the 

approximate hole locations within the 

exploration area. These requirements 

supplement the existing coal 

exploration provisions of LQD Coal 

Rules and Regulations Chapter 10 and 

add specificity to the Wyoming program 

beyond that contained in the federal 

regulations. The lack of federal 

counterpart provisions does not render 

the Wyoming program less effective 

than required by the federal regulations 

or less stringent than required by 

SMCRA. Accordingly, we are approving 

the changes. 

Section 2. Wyoming proposed 

numerous changes to Section 2 for 

consistency with Wyoming Division of 

Environmental Quality—Water Quality 

Division Rules and Regulations at 

Chapter 11, Part G, Section 70; newly 

approved Wyoming State Engineer’s 

Office Rules and Regulations, Part III; 

and American Society for Testing and 

Materials (ASTM) D–5299. At 

Subsection 2(d), Wyoming proposed to 

define the physical characteristics of 

acceptable sealant materials and 

prohibit the use of used drilling muds 

as a sealant material. OSMRE does not 

have any corresponding regulatory 

provisions defining the physical 

characteristics of acceptable sealant 

materials or prohibiting the use of 

drilling mud as a sealant material. At 

Subsection 2(e), Wyoming proposed to 

require that sealant materials meet the 

technical requirements for making a 

proper seal, meet applicable recognized 

industry standards, and be prepared 

according to the manufacturer’s 

directions for specific site requirements. 

The proposed language would also 

specify acceptable physical qualities 

and mixing proportions of the following 

sealant materials: neat cement slurry, 

sand cement slurry, concrete slurry, 

cement/bentonite slurry, high solids 

bentonite slurry, nonslurry bentonite, 

and abandonment gel. OSMRE does not 

have any corresponding regulatory 

provisions for these technical 

specifications. At Subsection 2(f), 

Wyoming outlined two acceptable 

sealant material emplacement methods 

that provide a watertight seal: 

placement of sealant material by drill 

pipe or similar, upward from the bottom 

of the hole to within 5 feet of the 

surface; or acceptable use of non-slurry 

bentonite. OSMRE does not have any 

corresponding federal regulations for 

these technical specifications. At 

Subsection 2(g), Wyoming proposed 

revisions that would apply to drill holes 

sealed with sealant material and include 

requirements to allow for appropriate 

cure time of the sealant material, 

provide for sealant column fall-back in 

proximity to saturated groundwater 

stratum, and require that the sealant 

column be topped off with acceptable 

material to within 5 feet of the surface. 

OSMRE does not have any 

corresponding federal regulations for 

these technical specifications. Finally, 

at Subsection 2(h), Wyoming outlined 

abandonment requirements for coal 

exploration holes drilled without 

drilling fluids that are situated above 

the preexisting natural elevation of the 

uppermost saturated groundwater 

stratum. OSMRE does not have any 

corresponding federal regulations that 

contemplate the scenario given. We find 

these changes add specificity to the 

Wyoming program beyond that 

provided by the federal regulations, 

without rendering the Wyoming 

program any less effective than required 

by the federal regulations or less 

stringent than required by SMCRA. 

Accordingly, we are approving them. 

Section 3. For clarity, Wyoming 

proposed to dedicate Section 3 to 

surface reclamation requirements 

related to coal exploration by drilling 

and to separate these requirements from 

the drill hole plugging and sealing 

provisions of Section 2. In response to 

public comments Wyoming also 

incorporated new language addressing 

the containment of drilling mud, 

disposal of petroleum-contaminated 

soils, and reclamation of access routes. 

Wyoming would further incorporate the 

defined term ‘‘ancillary road’’ in Section 

3 for consistency with the LQD Coal 

Rules and Regulations and to ensure the 

Chapter 4 reclamation standards are 

applied to ancillary roads as described 

in Section 3. Wyoming proposed to 

revise and recodify at Subsection 3(d) 

the existing provisions of Subsection 

3(b)(iii). These changes would clarify 

that the topsoil removal and stockpiling 

requirements of Chapter 4, Subsection 

2(c) apply to coal exploration ancillary 

roads as well as to exploration drill 

sites. OSMRE has no counterpart 

regulations addressing topsoil removal 

and stockpiling requirements for coal 

exploration ancillary roads and drill 

sites. Wyoming also incorporated by 

reference the environmental 

performance standards for roads located 

at LQD Coal Rules and Regulations 

Chapter 4, Subsection 2(j). We find this 

addition is reasonable and provides 

specificity beyond that contained in the 

existing approved language. The lack of 

federal counterpart provisions does not 

render the Wyoming program any less 

effective than required by the federal 

regulations or less stringent than 

required by SMCRA. Accordingly, we 

are approving the changes. 

Wyoming also proposed to revise and 

recodify at Subsection 3(e) the existing 

provisions of Subsection 3(b)(iv). 

Specifically, the proposed language 

would clarify that the revegetation 

requirements of LQD Coal Rules and 

Regulations Chapter 4, Subsection 2(d) 

apply to coal exploration ancillary roads 

as well as to exploration drill sites. 

OSMRE does not have any counterpart 

provisions addressing revegetation of 

coal exploration ancillary roads or 


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exploration drill sites. The lack of 

federal counterpart provisions does not 

render the Wyoming program any less 

effective than required by the federal 

regulations or less stringent than 

required by SMCRA. Both the existing 

and proposed new language incorporate 

by reference the revegetation 

requirements of LQD Coal Rules and 

Regulations Chapter 4, Subsection 2(d). 

However, the proposed language also 

incorporates by reference the 

environmental performance standards 

for surface and groundwater monitoring 

located at Chapter 4, Subsection 2(i), as 

successful revegetation is closely tied to 

groundwater infiltration and recharge 

rates and surface runoff quantity and 

quality. We find this addition is 

reasonable and provides specificity 

beyond that contained in the existing 

approved language. Accordingly, we are 

approving it. 

Section 4. Wyoming proposed 

changes to Section 4 that would 

eliminate reference to a flat $10,000 

reclamation bond, as this amount was 

deemed no longer adequate to address 

large-scale coal exploration projects; 

help ensure bond amounts reflect actual 

reclamation costs; and allow for the 

bond to be reduced following proper 

plugging and sealing of the drill holes. 

At Subsection 4(a) Wyoming 

incorporated a bonding requirement for 

exploration areas. The amount of the 

bond would be computed in accordance 

with the engineering principles for drill 

hole abandonment and surface 

restoration established in Chapter 14. 

OSMRE does not have any 

corresponding provisions addressing 

bonding amounts of coal exploration 

areas. We find the proposed language is 

reasonable and provides specificity 

beyond that contained in the federal 

regulations. As such, we are approving 

the addition of Subsection 4(a). 

Wyoming also revised Subsection 4(b) 

to provide for surety reduction upon 

demonstration to the satisfaction of the 

LQD Administrator that coal exploration 

drill holes have been properly 

abandoned in accordance with Chapter 

14. The proposed language provides that 

bond reduction amounts may be either 

returned to the discoverer or applied 

towards bonding amounts for additional 

exploration by drilling. Finally, 

Subsection 4(b) provides for surety 

release upon complete reclamation of 

exploration drill holes and upon a 

finding by the Administrator that 

vegetation has been reestablished. The 

existing language requiring all 

exploration bonds to be signed by the 

discoverer as principal and 

underwritten by a ‘‘good and sufficient 

corporate surety licensed to do 

business’’ in Wyoming, and with such 

bonds ‘‘made payable to the State of 

Wyoming,’’ would remain. OSMRE does 

not have any counterpart provisions 

addressing the reduction and release of 

coal exploration reclamation bonds. We 

find the proposed changes add 

specificity to the Wyoming program 

beyond that contained in the federal 

requirements. The lack of federal 

counterpart provisions does not render 

the Wyoming program any less effective 

than required by the federal regulations 

or any less stringent than required by 

SMCRA. As such, we are approving the 

revisions to Subsections 4(a)–(b). 

Section 6. Wyoming proposed several 

revisions to Section 6 including 

statutory citation updates to reflect the 

current language as amended through 

the 2015 legislative session and the 

removal of previous language pertaining 

to developmental drilling within a mine 

permit area. The latter change was 

proposed in response to public 

comments questioning the applicability 

of the coal exploration by drilling rules 

to developmental drilling. The revision 

appropriately highlights the distinction 

between developmental drilling and 

exploratory drilling and confines the 

requirements of Chapter 14 to the latter. 

By contrast to exploratory drilling, 

developmental drilling is conducted 

post exploration in proven producing 

areas, prior to blasting. As the act of 

blasting obliterates the drill hole itself, 

developmental drill holes are 

appropriately excluded from the 

plugging and sealing requirements of 

Chapter 14. As revised, Section 6 would 

retain the existing exemption for oil and 

gas exploration operations, which are 

not regulated under Chapter 14, as well 

as specific exemptions provided for at 

W.S. 35–11–404(g) and (h). OSMRE’s 

counterpart drill hole casing and sealing 

provisions at 30 CFR 816.13 specifically 

exclude ‘‘holes solely drilled and used 

for blasting.’’ Accordingly, we find the 

revision comports with the federal 

minimum requirements and renders the 

Wyoming program no less effective than 

required by the federal regulations and 

no less stringent than required by 

SMCRA. We are approving the change. 

As previously mentioned, the statutory 

citations embedded in Section 6 would 

also be updated to reflect current 

language as amended through the 2015 

legislative session, though only W.S. 

35–11–404(g) and not W.S. 35–11– 

404(h) was revised by the Wyoming 

Legislature in that time. W.S. 35–11–404 

was amended in 1980 to include 

Subsection (g), effective upon final 

approval of Wyoming’s regulatory 

program pursuant to SMCRA. The 

addition of Subsection (g) created an 

exclusion under the Wyoming Public 

Health and Safety Act whereby the LQD 

could waive the administrative 

provisions related to aquifers except 

where coal mining or coal exploration 

operations are concerned. The 

prohibition against waiving 

administrative requirements for aquifers 

with respect to coal mining or coal 

exploration operations does not render 

the Wyoming program any less effective 

than SMCRA or the OSMRE regulations. 

Therefore, we are approving the 1980 

amendment. The first sentence of W.S. 

35–11–404(g) was later revised in 1992 

to insert ‘‘the director in consultation 

with’’ and to substitute ‘‘director 

waiver’’ for ‘‘administrator, land quality 

division, waiver . . .’’. Neither SMCRA 

nor the OSMRE regulations specify 

which individual within the 

organization of the regulatory authority, 

including administrators or directors, 

may carry out which functions. These 

nonsubstantive changes add specificity 

to the Wyoming program beyond that 

contemplated by the federal 

requirements and we are approving 

them. 

Section 7. Finally, Wyoming proposed 

updates to Section 7 that incorporate a 

formal permitting mechanism for the 

installation of baseline water monitoring 

wells and test wells. The baseline data 

derived from these water monitoring 

wells and test wells are needed to 

support permit applications for mining 

or research and development; however, 

Wyoming’s current rules do not provide 

such a permitting mechanism. Wyoming 

noted that the plugging and sealing 

requirements for these water monitoring 

wells and test wells incorporate the 

same procedures proposed under the 

rewrite of Chapter 14, Section 2. To 

incorporate the permitting system for 

water monitoring wells and test wells 

described above, Wyoming proposed the 

addition of Subsections (a) through (g). 

According to the language proposed for 

Subsection (a), well construction would 

be authorized by the Administrator 

under a Drilling Notification containing 

the information required by Subsection 

1(e). OSMRE does not have any 

counterpart provisions addressing the 

authorization process for the 

construction of wells used to collect 

groundwater baseline data in 

preparation for a mine permit 

application. We find the proposed 

language is reasonable and provides 

specificity beyond that contained in the 

federal regulations. As such, we are 

approving the addition of Subsection 

7(a). 

Under the proposed Subsection 7(b), 

the discoverer would be encouraged but 

not required to submit a plan for review 


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by the Administrator describing the 

location and completion details for each 

proposed baseline groundwater 

monitoring or test well. The 

Administrator would have 30 days to 

review the plan and respond to the 

discoverer. OSMRE does not have any 

counterpart provisions addressing the 

review of plans related to the 

construction of wells used to collect 

groundwater baseline data in 

preparation for a mine permit 

application. We find the proposed 

language is reasonable and provides 

specificity beyond that contained in the 

federal regulations. As such, we are 

approving the addition of Subsection 

7(b). 

Under the proposed Subsection 7(c), 

permitting for baseline groundwater 

monitoring wells and test wells would 

be carried out in accordance with the 

requirements of the State Engineer’s 

Office and W.S. 35–11–404(c)(iv). W.S. 

35–11–404(c)(iv) requires any holes 

drilled for use as water wells, or holes 

which are converted for use as water 

wells, to comply with the applicable 

provisions of W.S. 41–3–911–41–3–938. 

The provisions of W.S. 41–3–911–41–3– 

938 pertain to underground water 

generally as well as permitting 

requirements for water well 

construction. OSMRE does not have any 

counterpart provisions addressing the 

permitting requirements for wells used 

to collect groundwater baseline data in 

preparation for a mine permit 

application. We find the proposed 

language is reasonable and provides 

specificity beyond that contained in 

SMCRA or the federal regulations. As 

such, we are approving the addition of 

Subsection 7(c). 

The language proposed for Subsection 

7(d) would require these baseline 

groundwater monitoring wells and test 

wells to be secured to prevent 

contaminant entry. OSMRE does not 

have any counterpart provisions 

requiring the securing and prevention of 

contaminant entry into wells used to 

collect groundwater baseline data in 

preparation for a mine permit 

application. We find the proposed 

language is reasonable and provides 

specificity beyond that contained in the 

federal regulations. As such, we are 

approving the addition of Subsection 

7(d). 

Subsection 7(e) would create a 

bonding requirement to ensure all 

baseline groundwater monitoring and 

test wells are properly plugged and 

sealed and to ensure the restoration of 

well sites. OSMRE does not have any 

counterpart provisions requiring a bond 

for baseline groundwater monitoring 

wells or other test wells constructed 

prior to issuance of a mining permit. We 

find the proposed language is 

reasonable and provides specificity 

beyond that contained in the federal 

regulations. As such, we are approving 

the addition of Subsection 7(e). 

Subsection 7(f) would apply the 

plugging, sealing, and site reclamation 

requirements of LQD Coal Rules and 

Regulations Chapter 14, Sections 2 and 

3 to baseline groundwater monitoring 

wells and test wells. Subsection 7(f) 

would further require all well casings be 

cut at least two feet below grade and any 

pumps or other equipment to be 

removed before plugging and sealing of 

the well. OSMRE does not have any 

counterpart provisions addressing 

plugging, sealing, and site reclamation 

requirements for baseline groundwater 

monitoring wells and test wells 

constructed in preparation for the 

submission of a mining permit. We find 

the proposed language is reasonable and 

provides specificity beyond that 

contained in the federal regulations. As 

such, we are approving the addition of 

Subsection 7(f). 

Finally, Subsection 7(g) would require 

well abandonment reports to be filed 

with the LQD Administrator and the 

State Engineer’s Office within twelve 

months of a baseline groundwater 

monitoring or test well’s abandonment. 

OSMRE does not have any counterpart 

provisions pertaining to the submission 

of abandonment reports for baseline 

groundwater monitoring or test wells 

constructed in preparation for a mine 

permit or research and development 

application. We find the proposed 

changes are reasonable and provide 

specificity beyond that contained in the 

federal regulations. The lack of federal 

counterpart provisions does not render 

the Wyoming program any less effective 

than required by the federal regulations 

or any less stringent than required by 

SMCRA. As such, we are approving the 

addition of Subsections 7(a)–(g). 

D. Revisions to Wyoming’s Rules That 

We Are Not Approving 

Wyoming proposed two revisions to 

Chapter 14 that we are not approving. 

First, Wyoming proposed to revise the 

existing provisions of Chapter 14, 

Subsection 3(b) and recodify these 

requirements at Subsection 3(a). This 

revision was proposed to provide for the 

reclamation of drill sites and ‘‘ancillary 

roads’’ as defined in Chapters 1 and 4 

of the LQD Coal Rules and Regulations. 

During our review of this proposed 

change, we noted that the final word in 

the provision, ‘‘location,’’ was 

inadvertently used in place of 

‘‘condition,’’ as previously approved. 

The word-swap renders the provision 

illogical and not fit for approval by 

OSMRE. Next, Wyoming included 

minor updates to Section 3 and Section 

4. The updates clarify and specify the 

provisions incorporated by reference in 

Chapter 14, Subsections 3(c), 3(d), 3(e), 

and 4(d) are from the ‘‘Land Quality 

Coal Rules and Regulations,’’ as 

opposed to simply the ‘‘Land Quality 

Rules and Regulations.’’ However, in 

both instances Wyoming failed to 

include the word ‘‘Division,’’ as in 

‘‘Land Quality Division Coal Rules and 

Regulations’’ which is the complete and 

proper reference to these requirements. 

By letter dated October 24, 2023, we 

informed Wyoming of the requirements 

to: (1) replace the word ‘‘location’’ with 

the previously-approved ‘‘condition’’ as 

proposed at Chapter 14, Subsection 3(a); 

and (2) update the proposed revisions to 

Chapter 14, Subsections 3(c), 3(d), 3(e), 

and 4(d) to include the word 

‘‘Division,’’ forming the complete 

phrase ‘‘Land Quality Division Coal 

Rules and Regulations.’’ In our letter we 

offered to temporarily delay rulemaking 

to allow Wyoming time to respond and 

address the identified concerns. By 

letter dated November 22, 2023, 

Wyoming responded to our additional 

concern letter. In the response letter 

Wyoming indicated that, although they 

had taken the initial steps to address our 

concerns through formal rulemaking, 

the State’s internal rulemaking 

processes would preclude Wyoming 

from correcting the error and omissions 

noted above within the allowable 

timeframe. Accordingly, we are not 

approving the proposed revisions to 

Chapter 14, Subsections 3(a), 3(c), 3(d), 

3(e), and 4(d). It is incumbent on 

Wyoming to revisit these provisions in 

subsequent rulemaking. 

IV. Summary and Disposition of 

Comments 

Public Comments 

We asked for public comments on the 

amendment; one comment was 

received. The commenter recommended 

we ‘‘end extractive industries on public 

lands.’’ Later the commenter suggested 

‘‘the extractive industry’’ should be 

nationalized and the ‘‘New Green Deal’’ 

[sic] be implemented. The commenter 

included various additional political 

opinions. These comments are outside 

the scope of this amendment, and we 

won’t respond to them here. We 

appreciate the commenter’s engagement 

with the rulemaking process. 

Federal Agency Comments 

On June 16, 2021, under 30 CFR 

732.17(h)(11)(i) and section 503(b) of 

SMCRA, we requested comments on the 


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amendment from various federal 

agencies with an actual or potential 

interest in the Wyoming program 

(OSM–2021–0004). We did not receive 

any comments. 

Environmental Protection Agency (EPA) 

Concurrence and Comments 

Under 30 CFR 732.17(h)(11)(ii), we 

are required to get a written concurrence 

from EPA for those provisions of the 

program amendment that relate to air or 

water quality standards issued under 

the authority of the Clean Water Act (33 

U.S.C. 1251 et seq.) or the Clean Air Act 

(42 U.S.C. 7401 et seq.). On June 16, 

2021, under 30 CFR 732.17(h)(11)(i), we 

requested comments from the EPA on 

the amendment (Docket ID No. OSM– 

2021–0004). The EPA did not respond 

to our request. 

State Historic Preservation Office 

(SHPO) and the Advisory Council on 

Historic Preservation (ACHP) 

Under 30 CFR 732.17(h)(4), we are 

required to request comments from the 

SHPO and ACHP on amendments that 

may have an effect on historic 

properties. On June 16, 2021, we 

requested comments on Wyoming’s 

amendment (OSM–2021–0004). We did 

not receive any comments from the 

SHPO or ACHP. 

V. OSMRE’s Decision 

Section 503(a) of SMCRA requires 

that the State’s program demonstrate 

that the State has the capability of 

carrying out the provisions of the Act 

and meeting its purposes. SMCRA 

requires consistency of state and federal 

standards. Based on the above findings, 

we are approving, in part, Wyoming’s 

amendment that was submitted on June 

14, 2021. To implement this decision, 

we are amending the federal regulations 

at 30 CFR part 950.16 that codify 

decisions concerning the Wyoming 

program. In accordance with the 

Administrative Procedure Act, this rule 

will take effect 30 days after the date of 

publication. 

VI. Procedural Determinations 

Executive Order 12630—Governmental 

Actions and Interference With 

Constitutionally Protected Property 

Rights 

This rule would not affect a taking of 

private property or otherwise have 

taking implications that would result in 

public property being taken for 

government use without just 

compensation under the law. Therefore, 

a takings implication assessment is not 

required. This determination is based on 

an analysis of the corresponding federal 

regulations. 

Executive Orders 12866—Regulatory 

Planning and Review, 13563— 

Improving Regulation and Regulatory 

Review, and 14094—Modernizing 

Regulatory Review 

Executive Order 12866, as amended 

by Executive Order 14094, provides that 

the Administrator of the Office of 

Information and Regulatory Affairs 

within 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 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, 

does not supplant this exemption. 

Executive Order 12988—Civil Justice 

Reform 

The Department of the Interior has 

reviewed this rule as required by 

Section 3 of Executive Order 12988. The 

Department determined that this 

Federal Register document meets the 

criteria of Section 3 of Executive Order 

12988, which is intended to ensure that 

the agency review its proposed 

legislation and regulations to eliminate 

drafting errors and ambiguity; that the 

agency write its legislation and 

regulations to minimize litigation; and 

that the agency’s legislation and 

regulations provide a clear legal 

standard for affected conduct rather 

than a general standard, and promote 

simplification and burden reduction. 

Because Section 3 focuses on the quality 

of federal legislation and regulations, 

the Department limited its review under 

this Executive Order to the quality of 

this Federal Register document and to 

changes to the federal regulations. The 

review under this Executive Order did 

not extend to the language of the State 

regulatory program or to the program 

amendment that the Cabinet proposed. 

Executive Order 13132—Federalism 

This rule is not a ‘‘[p]olicy that [has] 

federalism implications’’ as defined by 

section 1(a) of Executive Order 13132 

because it 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.’’ Instead, this rule 

approves an amendment to the 

Wyoming program submitted and 

drafted by that state. OSMRE reviewed 

the submission with fundamental 

federalism principles in mind as set 

forth in sections 2 and 3 of the 

Executive Order and with the principles 

of cooperative federalism set forth in 

SMCRA. See, e.g., 30 U.S.C. 1201(f). As 

such, pursuant to section 503(a)(1) and 

(7) (30 U.S.C. 1253(a)(1) and (7)), 

OSMRE reviewed the program 

amendment to ensure that it is ‘‘in 

accordance with’’ the requirements of 

SMCRA and ‘‘consistent with’’ the 

regulations issued by the Secretary 

pursuant to SMCRA. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

The Department of the Interior strives 

to strengthen its government-togovernment relationship with Tribes 

through a commitment to consultation 

with Tribes and recognition of their 

right to self-governance and tribal 

sovereignty. We have evaluated this rule 

under the Department’s consultation 

policy and under the criteria in 

Executive Order 13175 and have 

determined that it has no substantial 

direct effects on federally recognized 

Tribes or on the distribution of power 

and responsibilities between the federal 

government and Tribes. Therefore, 

consultation under the Department’s 

Tribal consultation policy is not 

required. The basis for this 

determination is that our decision 

pertains to the Wyoming coal regulatory 

program which does not include Tribal 

lands or regulation of activities on 

Tribal lands. Indian lands under 

SMCRA are regulated independently 

under the applicable, approved federal 

program. 

Executive Order 13211—Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Executive Order 13211 requires 

agencies to prepare a Statement of 

Energy Effects for a rulemaking that is 

(1) considered significant under 

Executive Order 12866, and (2) likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy. 

Because this rule is exempt from review 

under Executive Order 12866 and is not 

a significant energy action under the 

definition in Executive Order 13211, a 

Statement of Energy Effects is not 

required. 

Executive Order 13045—Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This rule is not subject to Executive 

Order 13045 because this is not an 

economically significant regulatory 

action as defined by Executive Order 

12866; and this action does not address 


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Federal Register / Vol. 89, No. 13 / Friday, January 19, 2024 / Rules and Regulations 3569 

environmental health or safety risks 

disproportionately affecting children. 

National Environmental Policy Act 

Consistent with sections 501(a) and 

702(d) of SMCRA (30 U.S.C. 1251(a) and 

1292(d)) and the U.S. Department of the 

Interior Departmental Manual, part 516, 

section 13.5(A), state program 

amendments are not major federal 

actions within the meaning of section 

102(2)(C) of the National Environmental 

Policy Act (42 U.S.C. 4332(2)(C)). 

National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act (NTTAA) (15 U.S.C. 3701 et seq.) 

directs OSMRE to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. (OMB Circular 

A–119 at p. 14). This action is not 

subject to the requirements of section 

12(d) of the NTTAA because application 

of those requirements would be 

inconsistent with SMCRA. 

Paperwork Reduction Act 

This rule does not include requests 

and requirements of an individual, 

partnership, or corporation to obtain 

information and report it to a federal 

agency. As this rule does not contain 

information collection requirements, a 

submission to the Director of the Office 

of Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.) is not required. 

Regulatory Flexibility Act 

This rule will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). The State submittal, which is 

the subject of this rule, is based upon 

corresponding federal regulations for 

which an economic analysis was 

prepared, and certification made that 

such regulations would not have a 

significant economic effect upon a 

substantial number of small entities. In 

making the determination as to whether 

this rule would have a significant 

economic impact, the Department relied 

upon the data and assumptions for the 

corresponding federal regulations. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: (a) Does not have an annual 

effect on the economy of $100 million; 

(b) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, federal, state, or 

local government agencies, or 

geographic regions; and (c) Does not 

have significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. This 

determination is based on an analysis of 

the corresponding federal regulations, 

which were determined not to 

constitute a major rule. 

Unfunded Mandates 

This rule will not impose an 

unfunded mandate on state, local, or 

Tribal governments or the private sector 

of more than $100 million per year. The 

rule does not have a significant or 

unique effect on state, local, or tribal 

governments or the private sector. This 

determination is based on an analysis of 

the corresponding federal regulations, 

which were determined not to impose 

an unfunded mandate. Therefore, a 

statement containing the information 

required by the Unfunded Mandates 

Reform Act (2 U.S.C. 1531 et seq.) is not 

required. 

List of Subjects in 30 CFR Part 950 

Intergovernmental relations, surface 

mining, underground mining. 

David A. Berry, 

Regional Director Interior Region 5, 7–11. 

For the reasons set out in the 

preamble, 30 CFR part 950 is amended 

as set forth below: 

PART 950—Wyoming 

■ 1. The authority citation for part 950 

continues to read as follows: 

Authority: 30 U.S.C. 1201 et seq. 

■ 2. In § 950.15 amend the table by 

adding an entry for ‘‘June 14, 2021’’ in 

chronological order to read as follows: 

§ 950.15 Approval of Wyoming regulatory 

program amendments. 

* * * * * 

Original amendment 

submission date Date of final publication Citation/description 

LQD Rules, Ch XIV, §§ 1 through 7. 

* * * * * * * 

June 14, 2021 .................................. January 19, 2024. 

■ 3. Revise § 950.16 to read as follows: 

§ 950.16 Required program amendments 

Pursuant to 30 CFR 732.17, Wyoming 

is required to submit for OSMRE’s 

approval the following required 

amendments by the dates specified. 

(a) By September 15, 2024, Wyoming 

shall correct the provision in Chapter 

14, where the final word in the 

provision, ‘‘location,’’ was inadvertently 

used in place of ‘‘condition,’’ as 

previously approved. 

(b) By September 15, 2024, Wyoming 

shall add the word ‘‘Division’’ to the 

‘‘Land Quality Coal Rules and 

Regulations’’ as referenced in Chapter 

14, Subsections 3(c), 3(d), 3(e), and 4(d). 

[FR Doc. 2024–00531 Filed 1–18–24; 8:45 am] 

BILLING CODE 4310–05–P 

POSTAL SERVICE 

39 CFR Part 111 

Shipping Address Label 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service is 

amending Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual (DMM®) to clarify the 

requirement of the service icon and 

service banner when a shipping address 

label is used. 

DATES: Effective date: January 21, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Steven Jarboe at (202) 268–7690, 

Catherine Knox at (202) 268–5636, or 

Garry Rodriguez at (202) 268–7281. 

SUPPLEMENTARY INFORMATION: On 

December 5, 2023, the Postal Service 

published a notice of proposed 

rulemaking (88 FR 84251–84252) to 

clarify the requirement of the service 

icon and service banner when a 

shipping address label is used. In 

response to the proposed rule, the Postal 

Service received two responses, both 


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