71444 Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Proposed Rules 

economic impact, the Department relied 

upon the data and assumptions for the 

counterpart 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 upon the fact 

that the State submittal, which is the 

subject of this rule, is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation was not considered a major 

rule. 

Unfunded Mandates 

This rule will not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of $100 million or more in any given 

year. This determination is based upon 

the fact that the State submittal, which 

is the subject of this rule, is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation did not impose an unfunded 

mandate. 

List of Subjects in 30 CFR Part 943 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: November 1, 2005. 

Charles E. Sandberg, 

Regional Director, Mid-Continent Region. 

[FR Doc. 05–23402 Filed 11–28–05; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 950 

[WY–033–FOR] 

Wyoming Abandoned Mine Land 

Reclamation Plan 

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 are announcing receipt of 

a proposed amendment to the Wyoming 

abandoned mine land reclamation 

(AMLR) plan (the ‘‘Wyoming plan’’) 

under the Surface Mining Control and 

Reclamation Act of 1977 (SMCRA or the 

Act). Wyoming proposes revisions and 

additions to its AMLR Plan to be 

consistent with SMCRA by removing 

phrases concerning liens for reclamation 

on private lands and by removing and 

adding words concerning contract 

eligibility. 

DATES: We will accept written 

comments on this amendment until 4 

p.m., m.s.t., December 29, 2005. If 

requested, we will hold a public hearing 

on the amendment on December 27, 

2005. We will accept requests to speak 

until 4 p.m., m.s.t., December 14, 2005. 

ADDRESSES: You may submit comments, 

identified by ‘‘WY–033–FOR’’, by any of 

the following methods: 

• E-mail: rbuckley@osmre.gov. 

Include ‘‘WY–033–FOR’’ in the subject 

line of the message. 

• Mail/Hand Delivery/Courier: 

Richard W. Buckley, Casper Field 

Office, Office of Surface Mining 

Reclamation and Enforcement, Federal 

Building, 150 East B Street, Room 1018, 

Casper, Wyoming 82601–1018. 

Telephone: 307/261–6550. E-mail: 

RBuckley@osmre.gov. 

• 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 

SATS No. WY–033–FOR. 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: Access to the docket 

(administrative record), to review copies 

of the Wyoming plan, 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 

receive one free copy of the amendment 

by contacting the Office of Surface 

Mining Reclamation and Enforcement 

(OSM) Casper Field Office. In addition, 

you may review a copy of the 

amendment during regular business 

hours at the following locations: 

Richard W. Buckley, Acting Director, 

Casper Field Office, Office of Surface 

Mining Reclamation and Enforcement, 

150 East B Street, Room 1018, Casper, 

Wyoming 82601–1018. Telephone: 307/ 

261–6550. E-mail: RBuckley@osmre.gov. 

Evan Green, AML Administrator, 

Wyoming Abandoned Mine Lands 

Program, Herschler Building, 4th Floor 

West, 122 West 25th Street, Cheyenne, 

Wyoming 82002. Telephone: 307/777–

6145. E-mail: egreen@state.wy.us. 

FOR FURTHER INFORMATION CONTACT: 

Acting Field Office Director Richard W. 

Buckley. Telephone: 307/261–6550. Email: RBuckley@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Wyoming Plan 

II. Description of the Proposed Amendment 

III. Public Comment Procedures 

IV. Procedural Determinations 

I. Background on the Wyoming Plan 

The Abandoned Mine Land 

Reclamation Program was established 

by Title IV of the Act (30 U.S.C. 1201 

et seq.) in response to concerns over 

extensive environmental damage caused 

by past coal mining activities. The 

program is funded by a reclamation fee 

collected on each ton of coal that is 

produced. The money collected is used 

to finance the reclamation of abandoned 

coal mines and for other authorized 

activities. Section 405 of the Act allows 

States and Indian tribes to assume 

exclusive responsibility for reclamation 

activity within the State or on Indian 

lands if they develop and submit to the 

Secretary of the Interior for approval, a 

program (often referred to as a plan) for 

the reclamation of abandoned coal 

mines. On February 14, 1983, the 

Secretary of the Interior approved the 

Wyoming plan. You can find general 

background information on the 

Wyoming plan, including the 

Secretary’s findings and the disposition 

of comments, in the February 14, 1983, 

Federal Register (48 FR 6536). You can 

also find later actions concerning 

Wyoming’s plan and plan amendments 

at 30 CFR 950.35 and outstanding 

required amendments at 30 CFR 950.36. 

II. Description of the Proposed 

Amendment 

By letter dated September 1, 2005, 

Wyoming sent us a proposed 

amendment to its plan (WY–033–FOR, 

(administrative record No. WY–033–01) 

under SMCRA (30 U.S.C. 1201 et seq.). 

Wyoming sent the amendment in 

response to the required plan 

amendments at 30 CFR 950.36 (a) and 

(b). The full text of the plan amendment 

is available for you to read at the 

locations listed above under ADDRESSES. 

Specifically, Wyoming proposes to 

remove from Wyoming Statute (W.S.) 

Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Proposed Rules 71445 

35–11–1206(a) the phrases ‘‘not to 

exceed the cost of reclamation work or’’

and ‘‘whichever is less;’’ remove from 

W.S. 35–11–1206(b) the phrase ‘‘of but 

not exceeding the cost of reclamation;’’

remove from W.S. 35–11–1209 the 

words ‘‘professional’’ and ‘‘contractors;’’

and add to W.S. 35–11–1209 the phrase 

‘‘vii, Unresolved notice of violation.’’

III. Public Comment Procedures 

Under the provisions of 30 CFR 

884.15(a), OSM requests your comments 

on whether the amendment satisfies the 

applicable State reclamation plan 

approval criteria of 30 CFR 884.14. If we 

approve the amendment, it will become 

part of the Wyoming plan. 

Written Comments 

Send your written comments to OSM 

at the address given above. Your written 

comments should be specific, pertain 

only to the issues proposed in this 

rulemaking, and include explanations in 

support of your recommendations. In 

the final rulemaking, we will not 

consider or include in the 

administrative record any comments 

received after the time indicated under 

DATES or at locations other than the 

Casper Field Office. 

Electronic Comments 

Please submit Internet comments as 

an ASCII or MS Word file avoiding the 

use of special characters and any form 

of encryption. Please also include ‘‘Attn: 

SATS No. WY–033–FOR’’ and your 

name and return address in your 

Internet message. If you do not receive 

a confirmation that we have received 

your Internet message, contact the 

Casper Field Office at 307/261–6555. In 

the final rulemaking, we will not 

consider or include in the 

administrative record any electronic 

comments received after the time 

indicated under DATES or at e-addresses 

other than the Casper Field Office. 

Availability of Comments 

We will make comments, including 

names and addresses of respondents, 

available for public review during 

normal business hours. We will not 

consider anonymous comments. If 

individual respondents request 

confidentiality, we will honor their 

request to the extent allowable by law. 

Individual respondents who wish to 

withhold their name or address from 

public review, except for the city or 

town, must state this prominently at the 

beginning of their comments. We will 

make all submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public review in their entirety. 

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., December 14, 2005. If you 

are disabled and need special 

accommodations to attend a public 

hearing, please 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 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 will be 

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 12630—Takings 

This rule does not have takings 

implications. This determination is 

based on the analysis performed for the 

counterpart Federal regulation. 

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). 

Executive Order 12988—Civil Justice 

Reform 

The Department of the Interior has 

conducted the reviews required by 

section 3 of Executive Order 12988 and 

has determined that, to the extent 

allowable by law, this rule meets the 

applicable standards of subsections (a) 

and (b) of that section. However, these 

standards are not applicable to the 

actual language of Wyoming AMLR 

plans and revisions thereof because 

each plan is drafted and promulgated by 

a specific State, not by OSM. Decisions 

on proposed State AMLR plans and 

revisions thereof submitted by a State 

are based on a determination of whether 

the submittal meets the requirements of 

Title IV of SMCRA (30 U.S.C. 1231–

1243) and the applicable Federal 

regulations at 30 CFR part 884. 

Executive Order 13132—Federalism 

This rule does not have federalism 

implications. SMCRA delineates the 

roles of the Federal and State 

governments with regard to the 

regulation of surface coal mining and 

reclamation operations. One of the 

purposes of SMCRA is to ‘‘establish a 

nationwide program to protect society 

and the environment from the adverse 

effects of surface coal mining 

operations.’’ Section 503(a)(1) of 

SMCRA requires that State laws 

regulating surface coal mining and 

reclamation operations be ‘‘in 

accordance with’’ the requirements of 

SMCRA, and section 503(a)(7) requires 

that state programs contain rules and 

regulations ‘‘consistent with’’

regulations issued by the Secretary 

pursuant to SMCRA. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

In accordance with Executive Order 

13175, we have evaluated the potential 

effects of this rule on Federally 

recognized Indian Tribes and have 

determined that the rule does not have 

substantial direct effects on one or more 

Indian Tribes, on the relationship 

between the Federal Government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian Tribes. 

The rule does not involve or affect 

Indian Tribes in any way. 

Executive Order 13211—Regulations 

That Significantly Affect the Supply, 

Distribution, or Use of Energy 

On May 18, 2001, the President issued 

Executive Order 13211 which requires 

agencies to prepare a Statement of 

Energy Effects for a rule 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 

71446 Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Proposed Rules 

expected to have a significant adverse 

effect on the supply, distribution, or use 

of energy, a Statement of Energy Effects 

is not required. 

National Environmental Policy Act 

No environmental impact statement is 

required for this rule since agency 

decisions on proposed State AMLR 

plans and revisions thereof are 

categorically excluded from compliance 

with the National Environmental Policy 

Act (42 U.S.C. 4331 et seq.) by the 

Manual of the Department of the Interior 

(516 DM 6, appendix 8, paragraph 

8.4B(29)). 

Paperwork Reduction Act 

This rule does not contain 

information collection requirements that 

require approval by OMB under the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.). 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that 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 counterpart 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 

counterpart 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; (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 upon the 

fact that the State submittal which is the 

subject of this rule is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation was not considered a major 

rule. 

Unfunded Mandates 

This rule will not impose an 

unfunded Mandate on State, local, or 

tribal governments or the private sector 

of $100 million or more in any given 

year. This determination is based upon 

the fact that the State submittal, which 

is the subject of this rule, is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation did not impose an unfunded 

mandate. 

List of Subjects in 30 CFR Part 950 

Abandoned mine reclamation 

programs, Intergovernmental relations, 

Surface mining, Underground mining. 

Dated: October 7, 2005. 

Allen D. Klein, 

Regional Director, Western Region. 

[FR Doc. 05–23399 Filed 11–28–05; 8:45 am] 

BILLING CODE 4310–05–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R04–OAR–2005–GA–0005–200537; FRL–

8003–4] 

Approval and Promulgation of 

Implementation Plans; Georgia: 

Approval of Revisions to the State 

Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing a correction 

to the State Implementation Plan (SIP) 

for the State of Georgia regarding the 

State’s general ‘‘nuisance’’ rule. EPA has 

determined that this rule, Georgia Rule 

391–3–1.02(2)(a)1, was erroneously 

incorporated into the SIP. EPA is 

proposing to remove this rule from the 

approved Georgia SIP because the rule 

is not related to the attainment and 

maintenance of the national ambient air 

quality standards (NAAQS). 

DATES: Written comments must be 

received on or before December 29, 

2005. 

ADDRESSES: Submit your comments, 

identified by Regional Material in 

EDocket (RME) ID No. R04–OAR–2005–

GA–0005, by one of the following 

methods: 

1. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

2. Agency Web site: http:// 

docket.epa.gov/rmepub/ RME, EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Once in the 

system, select ‘‘quick search,’’ then key 

in the appropriate RME Docket 

identification number. Follow the online instructions for submitting 

comments. 

3. E-mail: lakeman.sean@epa.gov. 

4. Fax: (404) 562–9019. 

5. Mail: ‘‘R04–OAR–2005–GA–0005’’, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

6. Hand Delivery or Courier. Deliver 

your comments to: Sean Lakeman, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division 12th floor, 

U.S. Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

RME ID No. R04–OAR–2005–GA–0005. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

docket.epa.gov/rmepub/, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through RME, regulations.gov, 

or e-mail. The EPA RME Web site and 

the federal regulations.gov Web site are 

‘‘anonymous access’’ systems, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through RME or 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of