22724 Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Proposed Rules 

2See the document entitled ‘‘Acid Mine Drainage 

Policy’’ at http://www.osmre.gov/guidance/ 

significant_guidance.shtm. 

3See http://ceq.hss.doe.gov/nepa/regs/ 

cooperating/cooperatingagencymemofactors.html. 

• Adding more extensive and more 

specific monitoring requirements for 

surface water, groundwater, and aquatic 

biota during mining and reclamation. 

• Establishing corrective action 

thresholds based on monitoring results. 

• Revising the backfilling and grading 

rules, excess spoil rules, and 

approximate original contour restoration 

requirements to incorporate landform 

restoration principles and reduce 

discharges of total dissolved solids. 

• Limiting variances and exceptions 

from approximate original contour 

restoration requirements. 

• Requiring reforestation of 

previously wooded areas. 

• Requiring that the regulatory 

authority coordinate the SMCRA 

permitting process with Clean Water 

Act permitting activities to the extent 

practicable. 

• Codifying the financial assurance 

provisions of OSM’s March 31, 1997, 

policy statement 2 on correcting, 

preventing, and controlling acid/toxic 

mine drainage and clarifying that those 

provisions apply to all long-term 

discharges of pollutants, not just 

pollutants for which effluent limitations 

exist. 

• Updating the definitions of 

perennial, intermittent, and ephemeral 

streams. 

We are in the process of developing 

alternatives for the proposed Federal 

action. Comments received in response 

to this notice will assist us in that 

process. 

We will prepare a draft EIS after we 

complete the initial stages of scoping 

and identify which rulemaking 

alternatives will be analyzed in detail. 

Following release of the draft EIS, we 

anticipate publishing a notice of 

proposed rulemaking, unless we select 

an alternative that makes rulemaking 

unnecessary. 

III. How do I submit comments? 

Consistent with 43 CFR 46.235, we 

invite all interested persons, 

organizations, and agencies to provide 

comments, suggestions, and any other 

information relevant to the scope of the 

EIS, the scope of the proposed Federal 

action, potential alternatives for the 

proposed Federal action, and studies 

and impacts that the EIS should 

address. See ADDRESSES for the methods 

by which we will accept comments. We 

do not anticipate conducting any 

meetings dedicated to scoping. 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment, including your 

personal identifying information, may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. Comments that we receive after 

the close of the comment period (see 

DATES) or sent to an address other than 

those listed in ADDRESSES may not be 

considered. 

If you previously submitted 

comments in response to the ANPR, you 

do not need to resubmit them. We will 

consider all ANPR comments as part of 

this EIS scoping process. 

IV. How do I request to participate as 

a cooperating agency? 

Consistent with 43 CFR 46.225, we, 

the lead agency, invite eligible Federal, 

state, tribal, and local governmental 

entities to indicate whether they have 

an interest in being a cooperating 

agency in the preparation of the EIS. 

Qualified entities are those with 

jurisdiction by law, as defined in 40 

CFR 1508.15, or special expertise, as 

defined in 40 CFR 1508.26. Potential 

cooperating agencies should consider 

their authority and capacity to assume 

the responsibilities of a cooperating 

agency and make the necessary 

resources available in a timely manner, 

as discussed in the document entitled 

‘‘Factors for Determining Cooperating 

Agency Status,’’ 3 which is Attachment 1 

to the Council on Environmental 

Quality’s January 30, 2002, 

Memorandum for the Heads of Federal 

Agencies: Cooperating Agencies in 

Implementing the Procedural 

Requirements of the National 

Environmental Policy Act. We will not 

be able to provide financial assistance to 

cooperating agencies. 

If you have an interest in participating 

as a cooperating agency, please contact 

the person listed in FOR FURTHER

INFORMATION CONTACT and identify those 

aspects of the EIS process in which you 

are interested in participating. The 

regulations at 43 CFR 46.230 and Items 

4 through 6 in the document discussed 

in the preceding paragraph list the 

activities in which cooperating agencies 

may wish to participate. 

Dated: April 16, 2010. 

Sterling Rideout, 

Assistant Director, Program Support. 

[FR Doc. 2010–10091 Filed 4–29–10; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0890] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Chambers Creek, Steilacoom, WA, 

Schedule Change 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking; 

withdrawal. 

SUMMARY: The Coast Guard is 

withdrawing its notice of proposed 

rulemaking (NPRM) concerning the 

drawbridge operation regulation for the 

Burlington Northern Santa Fe Railroad 

Bridge across Chambers Creek, mile 0.0, 

at Steilacoom, Washington, by which 

two-hour notice would have been 

required for openings from 3:30 p.m. to 

7 a.m. every day. The NPRM is being 

withdrawn because of multiple 

objections to the proposed change from 

users of that waterway. 

DATES: The notice of proposed 

rulemaking is withdrawn on April 30, 

2010. 

ADDRESSES: The docket for this 

withdrawn rulemaking is available for 

inspection or copying at the 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, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. You 

may also find this docket on the Internet 

by going to http://www.regulations.gov, 

inserting USCG–2009–0890 in the 

‘‘Keyword’’ box and then clicking 

‘‘Search’’. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or e-mail Austin Pratt, Chief, Bridge 

Section, Waterways Management 

Branch, Thirteenth Coast Guard District; 

telephone 206–220–7282, e-mail 

address william.a.pratt@uscg.mil. If you 

have questions on viewing materials in 

the docket, call Renee V. Wright, 

Program Manager, Docket Operations, 

telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 8, 2009, we published 

an NPRM entitled ‘‘Drawbridge 

Operation Regulation; Chambers Creek, 

Steilacoom, WA, Schedule Change’’ in 

the Federal Register (74 FR 64641). The 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Proposed Rules 22725 

NPRM proposed to change current 

regulations so that Burlington Northern 

Railroad, the owner of the Chambers 

Creek Bridge, would only have been 

required to raise the draw of the bridge 

between 3:30 p.m. and 7 a.m. everyday 

if at least two hours of notice is 

provided. At all other times the draw 

would have been required to be raised 

on signal. 

Withdrawal 

The NPRM is being withdrawn 

because of multiple objections to the 

change from users of the waterway in 

question and, in particular, the clients 

of the marina upstream of the Chambers 

Creek Bridge. The primary point of 

objection was that 3:30 p.m. was too 

early in the day, especially in summer 

boating season, to require a two-hour 

notice. This would pertain mostly to 

vessels returning to moorage at the end 

of a day of boating. 

The Coast Guard received a total of 17 

written responses. At least seven boaters 

suggested that a two-hour notice outside 

daylight hours would be feasible or a 

seasonal change outside the peak 

boating season. A dozen respondents 

pointed out that the draw records cited 

in the NPRM did not cover the peak 

summer months of boating. These 

records were no longer available from 

the bridge owner. Seven responses also 

noted that boaters often group together 

for a single draw opening thereby 

reducing the number of openings that 

otherwise would have been tallied for 

single-vessel passages. Additionally, 

several comments noted that tide 

elevations are a significant factor at 

Chambers Creek. Many lower tides stop 

boat traffic altogether and would fail to 

coincide favorably with the proposed 

hours. 

No less than eleven responses cited 

numerous failures of the bridge owner 

to operate according to the existing 

regulations. The chief violations were 

reported as the absence of drawtenders 

and unreasonable delays to openings. At 

least two boat owners observed that cell 

phone coverage is not adequate for 

telephone contact by vessels returning 

to moorage from popular boating 

locations in Puget Sound that are two 

hours travel time from the marina. 

Several comments were concerned with 

delayed access of fireboats in the event 

of a marina fire. 

Authority 

This action is taken under the 

authority of 33 U.S.C. 499; 33 CFR 1.05– 

1; Department of Homeland Security 

Delegation No. 0170.1. 

Dated: April 8, 2010. 

G.T. Blore, 

Rear Admiral, U.S. Coast Guard, Commander, 

Thirteenth Coast Guard District. 

[FR Doc. 2010–10076 Filed 4–29–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 242 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 100 

Western Interior Alaska Federal 

Subsistence Regional Advisory 

Council Meeting 

AGENCY: Forest Service, Agriculture; 

Fish and Wildlife Service, Interior. 

ACTION: Notice of meeting 

(teleconference). 

SUMMARY: This document informs the 

public that the Western Interior Alaska 

Federal Subsistence Regional Advisory 

Council will hold a public meeting by 

teleconference on May 14, 2010. The 

public is invited to participate and to 

provide oral testimony. 

DATES: May 14, 2010, at 11 a.m. For how 

to participate, please see 

SUPPLEMENTARY INFORMATION below. 

FOR FURTHER INFORMATION CONTACT: 

Chair, Federal Subsistence Board, c/o 

U.S. Fish and Wildlife Service, 

Attention: Peter J. Probasco, Office of 

Subsistence Management, 1011 East 

Tudor Road, Anchorage, AK 99503, 

(907) 786–3888, or via e-mail at 

subsistence@fws.gov. For questions 

specific to National Forest System 

lands, please contact Steve Kessler, 

Subsistence Program Leader, USDA, 

Forest Service, 3301 C Street, Suite 202, 

Anchorage, AK 99503, (907) 743–9461, 

or via e-mail at skessler@fs.fed.us. 

SUPPLEMENTARY INFORMATION: Under 

section 10(a)(2) of the Federal Advisory 

Committee Act (5 U.S.C. App.), this 

document announces a meeting of the 

Western Interior Alaska Federal 

Subsistence Regional Advisory Council. 

The Council will meet to discuss and 

form recommendations on fish and 

wildlife issues. This meeting is a followup to the Council’s February 24–25, 

2010, meeting. Completion of the 

agenda is dependent on the amount of 

time each item takes. 

No preregistration is required and the 

public is invited to provide testimony. 

To participate, call toll free 1–877–931– 

8150; the passcode is 3168014. 

Authority: 16 U.S.C. 3, 472, 551, 668dd, 

3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. 

1733. 

Peter J. Probasco, 

Acting Chair, Federal Subsistence Board. 

Steve Kessler, 

Subsistence Program Leader, USDA-Forest 

Service. 

[FR Doc. 2010–10136 Filed 4–29–10; 8:45 am] 

BILLING CODE 3410–11–P; 4310–55–P 

POSTAL SERVICE 

39 CFR Part 111 

Express Mail Next Day Delivery 

Postage Refund Amendment 

AGENCY: Postal ServiceTM. 

ACTION: Proposed rule. 

SUMMARY: The Postal Service is 

proposing to revise the Mailing 

Standards of the United States Postal 

Service, Domestic Mail Manual (DMM®) 

114.2, 414.3, and 604.9, to state the 

conditions for Express Mail® Next Day 

Delivery postage refunds when 

shipments are mailed each year during 

the time period of December 22 through 

December 25. 

DATES: We must receive your comments 

on or before June 1, 2010. 

ADDRESSES: Mail or deliver written 

comments to the Manager, Mailing 

Standards, U.S. Postal Service, 475 

L’Enfant Plaza, SW., Room 3436, 

Washington, DC 20260–3436. You may 

inspect and photocopy all written 

comments at USPS® Headquarters 

Library, 475 L’Enfant Plaza, SW., 11th 

Floor N, Washington, DC, between 9 

a.m. and 4 p.m., Monday through 

Friday. E-mail comments concerning the 

proposed rule, containing the name and 

address of the commenter, may be sent 

to: MailingStandards@usps.gov, with a 

subject line of ‘‘Express Mail Refunds.’’ 

Faxed comments are not accepted. 

FOR FURTHER INFORMATION CONTACT: 

Karen Key (202) 268–7492 or Carol A. 

Lunkins (202) 268–7262. 

SUPPLEMENTARY INFORMATION: During the 

time period of December 22 through 

December 25, air transportation is 

subject to delay or cancellation. 

Express Mail Next Day Delivery 

Postage refunds will not be available 

for items mailed from December 22 

through December 25 for Express Mail 

Next Day Delivery when those items are 

made available for pickup at the 

destination office, attempted for 

delivery, or delivered within two 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1