Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Proposed Rules 60373 

To assist the transcriber and ensure an 

accurate record, we request, if possible, 

that each person who speaks at the 

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 are open to 

the public and, if possible, we will post 

notices of meetings at the locations 

listed under ADDRESSES. We will make 

a written summary of each meeting a 

part of the administrative record. 

IV. Procedural Determinations 

Executive Order 12866—Regulatory 

Planning and Review 

This rule is exempted from review by 

the Office of Management and Budget 

(OMB) under Executive Order 12866. 

Other Laws and Executive Orders 

Affecting Rulemaking 

When a State submits a program 

amendment to OSM for review, our 

regulations at 30 CFR 732.17(h) require 

us to publish a notice in the Federal 

Register indicating receipt of the 

proposed amendment, its text or a 

summary of its terms, and an 

opportunity for public comment. We 

conclude our review of the proposed 

amendment after the close of the public 

comment period and determine whether 

the amendment should be approved, 

approved in part, or not approved. At 

that time, we will also make the 

determinations and certifications 

required by the various laws and 

executive orders governing the 

rulemaking process and include them in 

the final rule. 

List of Subjects in 30 CFR Part 901 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: July 28, 2010. 

Ervin J. Barchenger, 

Regional Director, Mid-Continent Region. 

[FR Doc. 2010–24598 Filed 9–29–10; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 918 

[SATS No. LA–023–FOR; Docket ID: OSM– 

2010–0005] 

Louisiana Regulatory Program/ 

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, the Office of Surface 

Mining Reclamation and Enforcement 

(OSM), are announcing receipt of a 

proposed amendment to the Louisiana 

regulatory program (Louisiana program) 

and the Louisiana abandoned mine land 

reclamation plan (Louisiana plan) under 

the Surface Mining Control and 

Reclamation Act of 1977 (SMCRA or the 

Act). The proposed amendment consists 

of revisions, additions, and deletions of 

regulations pertaining to definitions; 

lands eligible for remining; general 

provisions for review of permit 

application information and entry of 

information into AVS; review of 

applicant, operator, and ownership and 

control information; review of permit 

history; review of compliance history; 

permit eligibility determination; 

unanticipated events or conditions at 

remining sites; eligibility for 

provisionally issued permits; written 

findings for permit application 

approval; initial review and finding 

requirements for improvidently issued 

permits; suspension or rescission 

requirements for improvidently issued 

permits; who may challenge ownership 

or control listings and findings; how to 

challenge an ownership or control 

listing or finding; burden of proof for 

ownership or control challenges; written 

agency decision on challenges to 

ownership or control listings or 

findings; post-permit issuance 

requirements for regulatory authorities 

and other actions based on ownership, 

control, and violation information; postpermit issuance information 

requirements for permittees; transfer, 

assignment, or sale of permit rights; 

certifying and updating existing permit 

application information; providing 

applicant and operator information; 

providing permit history information; 

providing violation information; 

backfilling and grading: previously 

mined areas; and cessation orders; and 

contractor eligibility. The amendment is 

intended to revise the Louisiana 

program to be no less effective than the 

corresponding Federal regulations and 

the Louisiana plan to be consistent with 

the Federal regulations. 

This document gives the times and 

locations that the Louisiana program, 

Louisiana plan, and this proposed 

amendment are available for your 

inspection, the comment period during 

which you may submit written 

comments on the amendment, and the 

procedures that we will follow for the 

public hearing, if one is requested. 

DATES: We will accept written 

comments on this amendment until 4 

p.m., c.d.t., November 1, 2010. If 

requested, we will hold a public hearing 

on the amendment on October 25, 2010. 

We will accept requests to speak at a 

hearing until 4 p.m., c.d.t. on October 

15, 2010. 

ADDRESSES: You may submit comments, 

identified by SATS No. LA–023–FOR, 

by any of the following methods: 

• E-mail: swilson@osmre.gov. Include 

‘‘SATS No. LA–023–FOR’’ in the subject 

line of the message. 

• Mail/Hand Delivery: Sherry Wilson, 

Director, Birmingham Field Office, 

Office of Surface Mining Reclamation 

and Enforcement, 135 Gemini Circle, 

Suite 215, Homewood, Alabama 35209. 

• Fax: (205) 290–7280. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. 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: For access to the docket to 

review copies of the Louisiana program, 

Louisiana plan, this amendment, a 

listing of any scheduled public hearings, 

and all written comments received in 

response to this document, you must go 

to the address listed below during 

normal business hours, Monday through 

Friday, excluding holidays. You may 

receive one free copy of the amendment 

by contacting OSM’s Birmingham Field 

Office or going to http:// 

www.regulations.gov. 

Sherry Wilson, Director, Birmingham 

Field Office, Office of Surface Mining 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
60374 Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Proposed Rules 

Reclamation and Enforcement, 135 

Gemini Circle, Suite 215, Homewood, 

Alabama 35209, Telephone: (205) 290– 

7282, E-mail: swilson@osmre.gov. 

In addition, you may review a copy of 

the amendment during regular business 

hours at the following location: 

Inspection and Mining Division, 

Louisiana Department of Natural 

Resources, Office of Conservation, 617 

North 3rd Street, 8th Floor, Baton 

Rouge, Louisiana 70802, Telephone: 

(225) 342–5515. 

FOR FURTHER INFORMATION CONTACT: 

Sherry Wilson, Director, Birmingham 

Field Office, Telephone: (205) 290– 

7282. E-mail: swilson@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Louisiana Program 

II. Description of the Proposed Amendment 

III. Public Comment Procedures 

IV. Procedural Determinations 

I. Background on the Louisiana 

Program 

Section 503(a) of the Act permits a 

State to assume primacy for the 

regulation of surface coal mining and 

reclamation operations on non-Federal 

and non-Indian lands within its borders 

by demonstrating that its program 

includes, among other things, ‘‘a State 

law which provides for the regulation of 

surface coal mining and reclamation 

operations in accordance with the 

requirements of this Act * * *; and 

rules and regulations consistent with 

regulations issued by the Secretary 

pursuant to this Act.’’ See 30 U.S.C. 

1253(a)(1) and (7). On the basis of these 

criteria, the Secretary of the Interior 

conditionally approved the Louisiana 

program effective October 10, 1980. You 

can find background information on the 

Louisiana program, including the 

Secretary’s findings, the disposition of 

comments, and the conditions of 

approval of the Louisiana program in 

the October 10, 1980, Federal Register 

(45 FR 67340). You can also find later 

actions concerning the Louisiana 

program and program amendments at 30 

CFR 918.10, 918.15, and 918.16. 

The Abandoned Mine Land 

Reclamation Program was established 

by Title IV of the Act 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 the basis of these criteria, the 

Secretary of the Interior approved the 

Louisiana plan on November 10, 1986. 

You can find background information 

on the Louisiana plan, including the 

Secretary’s findings, the disposition of 

comments, and the approval of the plan 

in the November 10, 1986, Federal 

Register (51 FR 40795). You can find 

later actions concerning the Louisiana 

plan and amendments to the plan at 30 

CFR 918.25. 

II. Description of the Proposed 

Amendment 

By letter dated March 4, 2010 

(Administrative Record No. LA–369), 

Louisiana submitted a proposed 

amendment to its program and plan 

pursuant to SMCRA. Louisiana 

submitted the proposed amendment in 

response to a September 30, 2009, letter 

(Administrative Record No. LA–368) 

that OSM sent to Louisiana in 

accordance with 30 CFR 732.17(c) and 

included a section related to its plan on 

its own initiative. Below is a summary 

of the changes proposed by Louisiana. 

The full text of the program and plan 

amendment is available for you to read 

at the locations listed above under 

ADDRESSES. 

A. Section 105. Definitions 

1. Louisiana proposes to add the 

definition for Applicant/Violator 

System or AVS. 

2. Louisiana proposes to add the 

definition for Control or controller. 

3. Louisiana proposes to delete the 

definition for Knowingly. 

4. Louisiana proposes to add the 

definition for Knowing or knowingly. 

5. Louisiana proposes to delete the 

definition for Owned or Controlled and 

Owns or Controls. 

6. Louisiana proposes to add the 

definition for Own, owner, or 

ownership. 

7. Louisiana proposes to revise the 

definition for Transfer, Assignment or 

Sale of Rights. 

8. Louisiana proposes to add the 

definition for Violation. 

9. Louisiana proposes to add the 

definition for Willful or willfully. 

10. Louisiana proposes to delete the 

definition for Willfully. 

11. Louisiana proposes to delete the 

definition for Willful Violation. 

B. Section 2913. Lands Eligible for 

Remining 

Louisiana proposes to add this section 

to closely follow 30 CFR 785.25. 

C. Section 3113. Review of Permit 

Application 

Louisiana proposes to revise this 

section to closely follow 30 CFR 773.8– 

773.13 by: 

(1) Replacing paragraphs C, D, E, and 

F with new paragraphs C, D, E, and F, 

and by 

(2) adding paragraphs G and H. 

D. Section 3114. Eligibility for 

Provisionally Issued Permits 

Louisiana proposes to add new 

paragraphs A, B, and C to closely follow 

30 CFR 773.14. 

E. Section 3115. Criteria for Permit 

Approval or Denial 

Louisiana proposes to add paragraphs 

A. 17, A. 18, and A. 19 to closely follow 

30 CFR 773.15. 

F. Section 3127. Improvidently Issued 

Permits: General Procedures 

Louisiana proposes to replace 

paragraphs A, B, and C, with new 

paragraphs A, B, C, D, and E to closely 

follow 30 CFR 733.21. 

G. Section 3129. Improvidently Issued 

Permits: Rescission Procedures 

Louisiana proposes to revise this 

section to closely follow 30 CFR 773.23 

by: 

(1) Revising the title by adding 

‘‘Suspension or,’’ and by 

(2) revising paragraph A via several 

editorial changes. 

H. Section 3131. Challenges to 

Ownership or Control Listings and 

Findings 

Louisiana proposes to add this section 

to closely follow 30 CFR 773.25. 

I. Section 3133. Challenging an 

Ownership or Control Listing or Finding 

Louisiana proposes to add this section 

to closely follow 30 CFR 773.26. 

J. Section 3135. Burden of Proof for 

Ownership or Control Challenges 

Louisiana proposes to add this section 

to closely follow 30 CFR 773.27. 

K. Section 3137. Written Decision on 

Challenges to Ownership or Control 

Listings or Findings 

Louisiana proposes to add this section 

to closely follow 30 CFR 773.28. 

L. Chapter 35. Permit Reviews and 

Renewals; Transfers, Sale and 

Assignment of Rights Granted under 

Permits 

Louisiana proposes to revise this 

chapter title by adding additional 

language to closely follow 30 CFR 774 

title. 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Proposed Rules 60375 

M. Section 3521. Post Permit Issuance 

Requirements for Regulatory Authorities 

and Other Actions Based on Ownership, 

Control, and Violation Information 

Louisiana proposes to add this section 

to closely follow 30 CFR 774.11. 

N. Section 3523. Post-Permit Issuance 

Information Requirements for 

Permittees 

Louisiana proposes to add this section 

to closely follow 30 CFR 774.12. 

O. Section 3517. Transfer, Assignment 

or Sale of Permit Rights: Obtaining 

Approval 

Louisiana proposes to amend 

paragraph C.1 to closely follow 30 CFR 

774.17. 

P. Section 2304. Certifying and 

Updating Existing Permit Application 

Information 

Louisiana proposes to add this section 

to closely follow 30 CFR 778.9. 

Q. Section 2305. Identification of 

Interests 

Louisiana proposes to amend 

paragraphs A.1, A.2, A.3, and A.4 to 

closely follow 30 CFR 778.11. 

R. Section 2307. Compliance 

Information 

Louisiana proposes to amend 

paragraphs A.1 and A.3 to closely 

follow 30 CFR 778.14. 

S. Section 5414. Backfilling and 

Grading: Previously Mined Areas 

Louisiana proposed to add this 

section to closely follow 30 CFR 

816.106. 

T. Section 6501. Cessation Orders 

Louisiana proposes to amend 

paragraph G to closely follow 30 CFR 

843.11. 

U. Section 8509. Contractor Eligibility 

Louisiana proposed to add this 

section to closely follow 30 CFR 874.16. 

III. Public Comment Procedures 

Under the provisions of 30 CFR 

732.17(h), we are seeking your 

comments on whether the amendment 

satisfies the applicable program 

approval criteria of 30 CFR 732.15. If we 

approve the amendment, it will become 

part of the State program. 

Under the provisions of 30 CFR 

884.15(a), we are requesting 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 Louisiana plan. 

Electronic or Written Comments 

If you submit written comments, they 

should be specific, confined to issues 

pertinent to the proposed regulations, 

and explain the reason for any 

recommended change(s). We appreciate 

any and all comments, but those most 

useful and likely to influence decisions 

on the final regulations will be those 

that either involve personal experience 

or include citations to and analyses of 

SMCRA, its legislative history, its 

implementing regulations, case law, 

other pertinent State or Federal laws or 

regulations, technical literature, or other 

relevant publications. 

We cannot ensure that comments 

received after the close of the comment 

period (see DATES) or sent to an address 

other than those listed (see ADDRESSES) 

will be included in the docket for this 

rulemaking and considered. 

Public Availability of Comments 

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. 

Public Hearing 

If you wish to speak at the public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT by 4 

p.m., c.d.t. on October 15, 2010. If you 

are disabled and need reasonable 

accommodations to attend a public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT. We 

will arrange the location and time of the 

hearing with those persons requesting 

the hearing. If no one requests an 

opportunity to speak, we will not hold 

a hearing. 

To assist the transcriber and ensure an 

accurate record, we request, if possible, 

that each person who speaks at the 

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 are open to 

the public and, if possible, we will post 

notices of meetings at the locations 

listed under ADDRESSES. We will make 

a written summary of each meeting a 

part of the administrative record. 

IV. Procedural Determinations 

Executive Order 12866—Regulatory 

Planning and Review 

This rule is exempted from review by 

the Office of Management and Budget 

(OMB) under Executive Order 12866. 

Other Laws and Executive Orders 

Affecting Rulemaking 

When a State submits a program 

amendment to OSM for review, our 

regulations at 30 CFR 732.17(h) require 

us to publish a notice in the Federal 

Register indicating receipt of the 

proposed amendment, its text or a 

summary of its terms, and an 

opportunity for public comment. We 

conclude our review of the proposed 

amendment after the close of the public 

comment period and determine whether 

the amendment should be approved, 

approved in part, or not approved. At 

that time, we will also make the 

determinations and certifications 

required by the various laws and 

executive orders governing the 

rulemaking process and include them in 

the final rule. 

List of Subjects in 30 CFR Part 918 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: April 7, 2010. 

William Joseph, 

Acting Regional Director, Mid-Continent 

Region. 

[FR Doc. 2010–24601 Filed 9–29–10; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 944 

[SATS No. UT–047–FOR; Docket ID OSM– 

2010–0012] 

Utah Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1