60272 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations 

1The erroneous instructions read as follows: In 

§ 740.11, paragraph (a) is revised and paragraph (g) 

is added to read as follows. 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Parts 740, 761, 773, 795, 816, 

817, 840, 842, 870, and 884 

RIN 1029–AC62 

[Docket ID OSM–2010–0016] 

Technical Amendments 2010 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Final rule. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSM), are making technical revisions 

to our regulations to correct various 

errors in citations, cross-references, and 

other inadvertent errors in publication. 

DATES: Effective Date: September 29, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Andy DeVito, Office of Surface Mining 

Reclamation and Enforcement, South 

Interior Building MS–252, 1951 

Constitution Avenue, NW., Washington, 

DC 20240; Telephone (202) 208–2701; email: adevito@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Discussion of Final Rule 

We are making non-substantive 

revisions to our regulations to correct 

errors in citations, cross-references, and 

other inadvertent errors in drafting. 

OSM’s regulations are located in title 30 

of the Code of Federal Regulations 

(CFR). The regulations may be viewed 

on the Internet at: http:// 

ecfr.gpoaccess.gov/cgi/t/text/textidx?sid=fbd21e91edb535fd

2b3baf6d4d181e1f&c=ecfr&tpl=/ 

ecfrbrowse/Title30/30cfrv3_02.tpl. 

Below is a section-by-section discussion 

of the revisions that we are making. 

Section 740.11—Applicability 

On January 31, 1997, at 62 FR 4836, 

we proposed a rule that would revise 

our Federal lands program regulations at 

30 CFR 740.11. We intended to revise 

the introductory text to § 740.11(a). The 

amendatory language (instructions) for 

making those revisions and changing 

the CFR were published at 62 FR 4859 

and correctly read as follows: In 

§ 740.11, paragraph (a) introductory text 

is revised and paragraph (g) is added 

* * *. On December 17, 1999, at 64 FR 

70766, we published the final rule 

revising the introductory text to 

§ 740.11(a). However, there was an error 

in the amendatory language published 

at 64 FR 70831. The words 

‘‘introductory text,’’ which had been 

used in the proposed rule, were 

inadvertently dropped with the result 

that paragraphs (a)(1) and (a)(2) of 

§ 740.11 were unintentionally deleted.1

To correct that error, we are reinstating 

paragraphs (a)(1) and (a)(2). Paragraph 

(a) introductory text, which is currently 

in the CFR, and reinstated paragraphs 

(a)(1) and (a)(2) will reads as follows: 

(a) Except as provided in paragraph (g) of 

this section, both this subchapter and the 

pertinent State or Federal regulatory program 

in subchapter T of this chapter apply to: 

(1) Coal exploration operations on Federal 

lands not subject to 43 CFR parts 3400, and 

(2) Surface coal mining and reclamation 

operations taking place on any Federal lands 

as defined in 30 CFR 700.5, and lands (except 

Indian lands) over leased or unleased Federal 

minerals. 

Section 761.16—Submission and 

processing of requests for valid existing 

rights determinations 

On December 19, 2000, at 65 FR 

79582, 79663, we revised our 

regulations and redesignated § 773.13 as 

§ 773.6. In paragraph (g) of § 761.16, we 

cross-reference § 773.13(d). Because of 

the redesignation published on 

December 19, 2000, the cross reference 

to § 773.13(d) should have been changed 

to § 773.6(d). To correct that error, we 

are changing the cross-reference in 

§ 761.16(g) from § 773.13(d) to 

§ 773.6(d). 

Section 773.6—Public participation in 

permit processing 

On December 17, 1999, at 64 FR 

70766, we revised our regulations in 30 

CFR Part 761. As a result of the 

revisions, certain cross-references 

changed. At the time of the 1999 

revision, § 773.13(c)(4), later 

redesignated as § 773.6(c)(4), crossreferenced § 761.12(d). In the 1999 

revision, the provisions in § 761.12(d) 

were revised and incorporated into 

§ 761.14 at paragraph (c). Consequently, 

the cross-reference in § 773.13(c)(4) 

should have been changed from 

§ 761.12(d) to § 761.14(c). To correct this 

error, we are changing the crossreference in § 773.6(c)(4) from 

§ 761.12(d) to § 761.14(c). In addition, 

two typographical errors are being 

corrected in § 773.6(c)(4). The word 

‘‘conference’’ is being removed and the 

word ‘‘conferences’’ is being added in its 

place, and the word ‘‘accordances’’ is 

being removed and the word 

‘‘accordance’’ is being added in its place. 

Section 773.9—Review of applicant, 

operator, and ownership and control 

information 

The section heading for § 773.9 

currently reads as follows: Review of 

applicant, operator, and ownership and 

control information. On December 3, 

2007, at 72 FR 68000, 68029, we 

published revisions to § 773.9. We 

intended to revise the section heading 

and paragraph (a) of § 773.9. The revised 

section heading was correctly printed in 

the Federal Register on December 3, 

2007, and read as follows: Review of 

applicant and operator information. 

However, in the amendatory 

instructions, we failed to instruct the 

Office of the Federal Register to revise 

the section heading. Because of that 

omission, the section heading was never 

changed in the CFR. To correct that 

error, we are revising the section 

heading to read as follows: Review of 

applicant and operator information. 

Section 773.22—Notice requirements for 

improvidently issued permits 

On December 19, 2000, at 65 FR 

79582, 79665, we revised § 773.22(a) 

and in two locations in that paragraph, 

we intended to use the phrase 

‘‘proposed suspension or rescission.’’ 

However, a typographical error occurred 

the second time the phrase was used 

and the phrase was worded as 

‘‘proposed suspension of rescission.’’ We 

are correcting the error by removing the 

word ‘‘of’’ and adding the word ‘‘or’’ so 

that the phrase will now read as follows: 

proposed suspension or rescission. 

Section 795.4—Information collection 

In § 795.4, we are revising the last 

sentence to reflect a change in the 

mailing address where comments may 

be sent concerning the information 

collection requirements found in the 

regulations in part 795. 

Section 816.46—Hydrologic balance: 

Siltation structures 

On December 12, 2008, at 73 FR 

75814, we published a final rule that 

would have removed paragraph (b)(2) of 

§§ 816.46 and 817.46. Those paragraphs 

required that all surface drainage from 

the disturbed area be passed through a 

siltation structure before leaving the 

permit area. In essence, that paragraph 

prescribed siltation structures 

(sedimentation ponds and other 

treatment facilities) as the best 

technology currently available for 

sediment control. Previously, however, 

paragraph (b)(2) was struck down upon 

judicial review because the court found 

that the preamble to the rulemaking in 

which it was adopted did not articulate 

a sufficient basis for the rule under the 


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Administrative Procedure Act. The 

court stated that the preamble did not 

adequately discuss the benefits and 

drawbacks of siltation structures and 

alternative sediment control methods 

and did not enable the court ‘‘to discern 

the path taken by [the Secretary of the 

Interior] in responding to commenters’ 

concerns’’ that siltation structures in the 

West are not the best technology 

currently available. See In re Permanent 

Surface Mining Regulation Litigation, 

620 F. Supp. 1519, 1566–1568 (D.DC 

1985). 

On November 20, 1986, at 51 FR 

41961, we suspended the rules struck 

down by the court. To avoid any 

confusion that might result from the 

continuing publication of those rules in 

the CFR, we proposed to remove 

paragraph (b)(2) of §§ 816.46 and 817.46 

and redesignate the remaining 

paragraphs of those sections 

accordingly. 72 FR 48890, 48907 

(August 24, 2007). 

We received no comments opposing 

the proposal. Therefore, on December 

12, 2008, at 73 FR 75883 and 75884, we 

published amendatory language with 

the intent to remove paragraph (b)(2) of 

§§ 816.46 and 817.46. In the amendatory 

language, however, we failed to use the 

words ‘‘lift the suspension’’ prior to 

directing the removal of paragraph 

(b)(2). Because a suspension must be 

lifted before any action may be taken on 

a suspended section or paragraph, the 

amendatory language that we used was 

insufficient to remove paragraph (b)(2) 

and redesignate paragraphs (b)(3) 

through (b)(6) as (b)(2) through (b)(5), 

respectively. In order to correct that 

error, we are publishing amendatory 

language that will lift the suspension 

and remove paragraph (b)(2) of 

§§ 816.46 and 817.46 and redesignate 

paragraphs (b)(3) through (b)(6) as (b)(2) 

through (b)(5), respectively. 

Section 817.15—Casing and sealing of 

underground openings: Permanent 

On September 18, 1978, at 43 FR 

41662, 41900, we published a proposed 

rule which cross-referenced the 

regulations of the Mine Safety and 

Health Administration at 30 CFR 

75.1711. When the final regulations 

were issued on March 13, 1979, at 44 FR 

14902, 15423, a typographical error 

occurred and the citation was changed 

to 30 CFR 75.1771, which does not 

exist. In order to correct the error, we 

are revising 30 CFR 817.15 by removing 

‘‘30 CFR 75.1771’’ and adding in its 

place ‘‘30 CFR 75.1711,’’ which governs 

the sealing of mines. 

Section 817.46—Hydrologic balance: 

Siltation structures 

See the discussion above under the 

heading ‘‘Section 816.46—Hydrologic 

balance: Siltation structures.’’ 

Section 840.10—Information collection 

In § 840.10, we are revising the last 

sentence to reflect a change in the 

mailing address where comments may 

be sent concerning the information 

collection requirements found in the 

regulations in part 840. 

Section 840.13—Enforcement authority 

Section 840.13(b) contains a crossreference to § 843.23, which does not 

exist. On September 6, 1991, OSM had 

proposed to add a § 843.23, which 

would have provided for sanctions for 

knowing omissions or inaccuracies in 

ownership or control and violation 

information in permit applications. 56 

FR 45780, 45804. However, in the final 

rule published on October 28, 1994, 

OSM chose not to adopt § 843.23. 59 FR 

54329. The cross-reference, however, 

was not deleted from § 840.13(b), where 

it had been added in anticipation of the 

adoption of § 843.23. 59 FR 54312. 

Because § 843.23 has never been 

adopted, we are revising § 840.13(b) by 

removing the cross-reference to 

§ 843.23. 

Section 842.11—Federal inspections 

and monitoring 

On July 14, 1988, at 53 FR 26728, we 

revised section § 842.11. Two 

typographical errors occurred. First, in 

paragraph (b)(1)(ii)(B)(1), we intended to 

cross-reference paragraph (b)(1)(iii) but 

mistakenly typed (b)(i)(iii), which does 

not exist. It is clear from the preamble 

discussion at 53 FR 26732 that the 

correct cross-reference should be 

(b)(1)(iii). Therefore, we are deleting the 

reference to (b)(i)(iii) and adding in its 

place (b)(1)(iii). 

Second, a typographical error 

occurred in paragraph (b)(1)(ii)(B)(4)(iv) 

where we use the words ‘‘section 525(c) 

or 525(c).’’ As is clear from the preamble 

discussion at 53 FR 26735, we had 

intended to specify ‘‘section 525(c) or 

526(c).’’ Therefore, we are removing the 

words ‘‘section 525(c) or 525(c)’’ and 

adding in their place the words ‘‘section 

525(c) or 526(c)’’. Section 525(c) of 

SMCRA, 30 U.S.C. 1275(c), deals with 

the granting of temporary relief by the 

Secretary of the Interior, and section 

526(c) of SMCRA, 30 U.S.C. 1276(c), 

deals with the granting of temporary 

relief by a court. 

Section 870.20—How to calculate 

excess moisture in LOW-rank coals 

In § 870.20, we are revising the sixth 

sentence of the introductory text to 

reflect a change in the OSM address 

where a copy of the ASTM standards, 

incorporated by reference, is available 

for inspection. 

Section 884.13—Content of proposed 

State reclamation plan 

Section 884.13 specifies what is 

required in a proposed State 

reclamation plan. In paragraph (b), we 

intended to require the submission of a 

legal opinion from the State Attorney 

General or the chief legal officer of the 

State agency stating that the designated 

agency has the authority under State 

law to conduct the program in 

accordance with the requirements of 

Title IV of the Act. When the final rule 

was published on June 30, 1982, at 47 

FR 28574, 28600, a typographical error 

occurred and the word ‘‘on’’ was used 

instead of the word ‘‘or’’ with the result 

that the paragraph reads ‘‘opinion from 

the State Attorney General on the chief 

legal officer of the State agency.’’ To 

correct that error, we are removing the 

word ‘‘on’’ and adding in its place the 

word ‘‘or’’. The authority for requiring 

the submission of a legal opinion is 

found in section 405(e) of SMCRA, 30 

U.S.C. 1235(e). 

II. Procedural Matters 

Administrative Procedure Act 

This final rule has been issued 

without prior public notice or 

opportunity for public comment. The 

Administrative Procedure Act (APA) (5 

U.S.C. 553) provides an exception to the 

notice and comment procedures when 

an agency finds that there is good cause 

for dispensing with such procedures on 

the basis that they are impracticable, 

unnecessary, or contrary to the public 

interest. OSM has determined that, 

under 5 U.S.C. 553(b)(3)(B), good cause 

exists for dispensing with the notice of 

proposed rulemaking and public 

comment procedures for this rule. 

Specifically, OSM has determined that 

notice and comment is unnecessary for 

this rule because the rule is comprised 

of technical, non-substantive 

amendments. As discussed above, this 

rule corrects obvious errors in the CFR, 

and OSM’s true intentions are readily 

ascertained in the relevant rulemaking 

documents. Finally, this rule does not 

impose any new regulatory 

requirements. For the same reasons, we 

find that good cause exists under 5 

U.S.C. 553(d)(3) of the APA to have the 

regulation become effective on a date 


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60274 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations 

that is less than 30 days after the date 

of publication in the Federal Register. 

Executive Order 12866 

This rule is not a significant rule and 

is not subject to review by the Office of 

Management and Budget under 

Executive Order 12866. As previously 

stated, this rule corrects errors in the 

CFR and does not impose any new 

regulatory requirements. For these 

reasons, we find that: 

(1) This rule will not have an effect of 

$100 million or more on the economy. 

It will not adversely affect in a material 

way the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local, 

or tribal governments or communities. 

(2) This rule will not create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency for the reasons stated 

above. 

(3) This rule does not alter the 

budgetary effects of entitlements, grants, 

user fees, or loan programs or the rights 

or obligations of their recipients. 

(4) This rule does not raise novel legal 

or policy issues for the reasons stated 

above. 

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.). As previously stated, 

the rule corrects errors in the CFR and 

does not impose any new regulatory 

requirements. 

Small Business Regulatory Enforcement 

Fairness Act 

For the reasons previously stated, this 

rule is not considered a major rule 

under 5 U.S.C. 804(2), the Small 

Business Regulatory Enforcement 

Fairness Act. This rule: 

(1) Will not have an annual effect on 

the economy of $100 million. 

(2) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, state, or 

local government agencies, or 

geographic regions because the rule 

does not impose new requirements on 

the coal mining industry or consumers. 

(3) Will 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. 

Unfunded Mandates Reform Act 

This rule does 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. As 

previously stated, the rule corrects 

errors in the CFR and does not impose 

any new OSM regulatory requirements. 

A statement containing the information 

required by the Unfunded Mandates 

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

required. 

Federal Paperwork Reduction Act 

This rule does not contain collections 

of information that require approval by 

the Office of Management and Budget 

under 44 U.S.C. 3501 et seq. 

National Environmental Policy Act 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. A 

detailed statement under the National 

Environmental Policy Act of 1969 is not 

required because the rule is covered by 

the categorical exclusion listed in the 

Department of the Interior regulations at 

43 CFR 46.210(i). That categorical 

exclusion covers policies, directives, 

regulations, and guidelines that are of 

an administrative, financial, legal, 

technical, or procedural nature. For the 

reasons discussed above, the 

amendments in this rule are 

administrative, technical, and/or 

procedural in nature, and, therefore, fall 

within the contours of the categorical 

exclusion. We have also determined that 

the rule does not involve any of the 

extraordinary circumstances listed in 43 

CFR 46.215 that would require further 

analysis under the National 

Environmental Policy Act. 

Executive Order 12988 on Civil Justice 

Reform 

This rule complies with the 

requirements of Executive Order 12988. 

Specifically, this rule: 

(a) Meets the criteria of section 3(a) 

requiring that all regulations be 

reviewed to eliminate errors and 

ambiguity and be written to minimize 

litigation; and 

(b) Meets the criteria of section 3(b)(2) 

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

Executive Order 13211—Regulations 

That Significantly Affect the Supply, 

Distribution, or Use of Energy 

Executive Order 13211 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 not considered significant 

under Executive Order 12866 and is not 

expected to have a significant adverse 

effect on the supply, distribution, or use 

of energy, a Statement of Energy Effects 

is not required. 

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 Federallyrecognized Indian tribes and have 

determined that the proposed revisions 

would not have substantial direct effects 

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. As 

previously stated, this rule corrects 

errors in the CFR and does not impose 

any new regulatory requirements. 

Executive Order 12630—Takings 

Under the criteria in Executive Order 

12630, this rule does not have 

significant takings implications; 

therefore, a takings implication 

assessment is not required. This 

determination is based on the fact that 

the rule corrects errors in the CFR and 

does not impose any new regulatory 

requirements. 

Executive Order 13132—Federalism 

This rule does not have Federalism 

implications. For the reasons previously 

stated, it will 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.’’ 

Data Quality Act 

In developing this rule, we did not 

conduct or use a study, experiment, or 

survey requiring peer review under the 

Data Quality Act (Pub. L. 106–554). 

Effect in Federal Program States, 

Primacy States, and on Indian Lands 

The rule will apply through crossreferencing to the following Federal 

program states: California, Georgia, 

Idaho, Massachusetts, Michigan, North 

Carolina, Oregon, Rhode Island, South 

Dakota, Tennessee, and Washington. 

The Federal programs for these States 

appear at 30 CFR Parts 905, 910, 912, 

921, 922, 933, 937, 939, 941, 942, and 

947, respectively. The rule also applies 

through cross-referencing to Indian 

lands under the Federal program for 

Indian lands as provided in 30 CFR Part 

750. Because the rule is comprised of 


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Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations 60275 

technical, non-substantive amendments 

and does not impose any new regulatory 

requirements, States with approved 

regulatory programs will not be required 

to amend their programs. 

List of Subjects 

30 CFR 740 

Public lands-mineral resources, 

Reporting and recordkeeping 

requirements, Surety bonds, Surface 

mining, Underground mining. 

30 CFR 773 

Administrative practice and 

procedure, Reporting and 

recordingkeeping requirements, Surface 

mining, Underground mining. 

30 CFR 795 

Grant programs-natural resources, 

Reporting and recordkeeping 

requirements, Small businesses, Surface 

Mining, Technical Assistance, 

Underground mining. 

30 CFR Part 816 

Environmental protection, Reporting 

and recordkeeping requirements, 

Surface mining. 

30 CFR Part 817 

Environmental protection, Reporting 

and recordkeeping requirements, 

Underground mining. 

30 CFR Part 840 

Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Surface mining, 

Underground mining. 

30 CFR Part 842 

Law enforcement, Surface mining, 

Underground mining. 

30 CFR Part 870 

Reporting and recordkeeping 

requirements, Surface mining, 

Underground mining. 

30 CFR Part 884 

Grant programs-natural resources, 

Reporting and recordkeeping 

requirements, Surface mining, 

Underground mining. 

Dated: September 21, 2010. 

Sylvia V. Baca, 

Deputy Assistant Secretary, Land and 

Minerals Management. 

■ For the reasons set forth in the 

preamble, we are amending 30 CFR 

Parts 740, 761, 773, 795, 816, 817, 840, 

842, 870, and 884 as set forth below. 

PART 740—GENERAL 

REQUIREMENTS FOR SURFACE COAL 

MINING AND RECLAMATION 

OPERATIONS ON FEDERAL LANDS 

■ 1. The authority citation for Part 740 

continues to read as follows: 

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

U.S.C. 181 et seq. 

■ 2. In § 740.11, add paragraphs (a)(1) 

and (a)(2) to read as follows: 

§ 740.11 Applicability. 

(a) * * * 

(1) Coal exploration operations on 

Federal lands not subject to 43 CFR part 

3400, and 

(2) Surface coal mining and 

reclamation operations taking place on 

any Federal lands as defined in § 700.5 

of this chapter, and lands (except Indian 

lands) over leased or unleased Federal 

minerals. 

* * * * * 

PART 761—AREAS DESIGNATED BY 

ACT OF CONGRESS 

■ 3. The authority citation for Part 761 

continues to read as follows: 

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

§ 761.16 [Amended] 

■ 4. In paragraph (g) of § 761.16, remove 

the citation ‘‘§ 773.13(d)’’ and add in its 

place the citation ‘‘§ 773.6(d)’’. 

PART 773—REQUIREMENTS FOR 

PERMITS AND PERMIT PROCESSING 

■ 5. The authority citation for part 773 

continues to read as follows: 

Authority: 30 U.S.C. 1201 et seq., 16 

U.S.C. 470 et seq., 16 U.S.C. 661 et seq., 16 

U.S.C. 703 et seq., 16 U.S.C. 668a et seq., 16 

U.S.C. 469 et seq., and 16 U.S.C. 1531 et seq. 

■ 6. In § 773.6, revise paragraph (c)(4) to 

read as follows: 

§ 773.6 Public participation in permit 

processing. 

* * * * * 

(c) * * * 

(4) Informal conferences held in 

accordance with this section may be 

used by the regulatory authority as the 

public hearing required under 

§ 761.14(c) of this chapter on proposed 

relocation or closing of public roads. 

* * * * * 

■ 7. In § 773.9, revise the section 

heading to read as follows: 

§ 773.9 Review of applicant and operator 

information. 

* * * * * 

■ 8. In § 773.22, revise paragraph (a) 

introductory text to read as follows: 

§ 773.22 Notice requirements for 

improvidently issued permits. 

(a) We, the regulatory authority, must 

serve you, the permittee, with a written 

notice of proposed suspension or 

rescission, together with a statement of 

the reasons for the proposed suspension 

or rescission, if— 

* * * * * 

PART 795—PERMANENT 

REGULATORY PROGRAM—SMALL 

OPERATOR ASSISTANCE PROGRAM 

■ 9. The authority citation for Part 795 

continues to read as follows: 

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

■ 10. In § 795.4, revise the last sentence 

to read as follows: 

§ 795.4 Information collection. 

* * * Send comments regarding this 

burden estimate or any other aspect of 

this collection of information, including 

suggestions for reducing the burden, to 

the Office of Surface Mining 

Reclamation and Enforcement, 

Information Collection Clearance Officer 

(MS–202), 1951 Constitution Avenue, 

NW., Washington, DC 20240. 

PART 816—PERMANENT PROGRAM 

PERFORMANCE STANDARDS— 

SURFACE MINING ACTIVITIES 

■ 11. The authority citation for Part 816 

continues to read as follows: 

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

§ 816.46 [Amended] 

■ 12. In § 816.46, lift the suspension of 

paragraph (b)(2), remove paragraph 

(b)(2), and redesignate paragraphs (b)(3) 

through (b)(6) as (b)(2) through (b)(5), 

respectively. 

PART 817—PERMANENT PROGRAM 

PERFORMANCE STANDARDS— 

UNDERGROUND MINING ACTIVITIES 

■ 13. The authority citation for Part 817 

continues to read as follows: 

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

§ 817.15 [Amended] 

■ 14. In § 817.15, remove the citation 

‘‘30 CFR 75.1771’’ and add in its place 

the citation ‘‘30 CFR 75.1711’’. 

§ 817.46 [Amended] 

■ 15. In § 817.46, lift the suspension of 

paragraph (b)(2), remove paragraph 

(b)(2), and redesignate paragraphs (b)(3) 

through (b)(6) as (b)(2) through (b)(5), 

respectively. 


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60276 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations 

PART 840—STATE REGULATORY 

AUTHORITY; INSPECTION AND 

ENFORCEMENT 

■ 16. The authority citation for Part 840 

continues to read as follows: 

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

otherwise noted. 

■ 17. In § 840.10, revise the last 

sentence of paragraph (b) to read as 

follows: 

§ 840.10 Information collection. 

* * * * * 

(b) * * * Send comments regarding 

this burden estimate or any other aspect 

of this collection of information, 

including suggestions for reducing the 

burden, to the Information Collection 

Clearance Officer (MS–202), 1951 

Constitution Ave, NW., Washington, DC 

20240. 

■ 18. In § 840.13, revise paragraph (b) to 

read as follows: 

§ 840.13 Enforcement authority. 

* * * * * 

(b) The enforcement provisions of 

each State program shall contain 

sanctions which are no less stringent 

than those set forth in section 521 of the 

Act and shall be consistent with 

§§ 843.11, 843.12, 843.13, and 

subchapters G and J of this chapter. 

* * * * * 

PART 842—FEDERAL INSPECTIONS 

AND MONITORING 

■ 19. The authority citation for Part 842 

continues to read as follows: 

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

§ 842.11 [Amended] 

■ 20. Amend § 842.11 as follows: 

■ a. Amend paragraph (b)(1)(ii)(B)(1) by 

removing the reference ‘‘(b)(i)(iii)’’ and 

adding in its place ‘‘(b)(1)(iii)’’, and 

■ b. Amend paragraph (b)(1)(ii)(B)(4) by 

indenting each subparagraph (i) through 

(iv) and capitalizing the first words of 

each, and in paragraph (b)(1)(ii)(B)(4)(iv) 

by removing the words ‘‘section 525(c) 

or 525(c)’’ and adding in their place the 

words ‘‘section 525(c) or 526(c)’’. 

PART 870—ABANDONED MINE 

RECLAMATION FUND—FEE 

COLLECTION AND COAL 

PRODUCTION REPORTING 

■ 21. The authority citation for Part 870 

continues to read as follows: 

Authority: 28 U.S.C. 1746, 30 U.S.C. 1201 

et seq. and Pub. L. 105–277. 

■ 22. In § 870.20, revise the sixth 

sentence of the introductory text to read 

as follows: 

§ 870.20 How to calculate excess moisture 

in LOW-rank coals. 

* * * A copy of the ASTM standards 

is available for inspection at the Office 

of Surface Mining Reclamation and 

Enforcement, Administrative Record, 

Room 101, 1951 Constitution Avenue, 

NW., Washington, DC, or at the National 

Archives and Records Administration 

(NARA). * * * 

* * * * * 

PART 884—STATE RECLAMATION 

PLANS 

■ 23. The authority citation for Part 884 

continues to read as follows: 

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

■ 24. In § 884.13, revise paragraph (b) to 

read as follows: 

§ 884.13 Content of proposed State 

reclamation plan. 

* * * * * 

(b) A legal opinion from the State 

Attorney General or the chief legal 

officer of the State agency that the 

designated agency has the authority 

under State law to conduct the program 

in accordance with the requirements of 

Title IV of the Act. 

* * * * * 

[FR Doc. 2010–24371 Filed 9–28–10; 8:45 am] 

BILLING CODE 4310–05–P 


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