[Federal Register Volume 75, Number 26 (Tuesday, February 9, 2010)]
[Proposed Rules]
[Pages 6332-6335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2781]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 950

[SATS No: WY-038-FOR; Docket ID: OSM-2009-0012]


Wyoming Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

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ACTION: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendment.

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SUMMARY: We are announcing receipt of a proposed amendment to the 
Wyoming regulatory program (hereinafter, the ``Wyoming program'') under 
the Surface Mining Control and Reclamation Act of 1977 (``SMCRA'' or 
``the Act''). Wyoming proposes numerous revisions and additions to 
rules concerning revegetation and cropland success standards, normal 
husbandry practices, shrub reclamation standards, fish and wildlife 
enhancement measures, cultural and historic resources, prime farmland, 
siltation structures and impoundments, and operator information. 
Wyoming intends to revise its program to be consistent with the 
corresponding Federal regulations and SMCRA, clarify ambiguities, and 
improve operational efficiency.
    This document gives the times and locations that the Wyoming 
program and proposed amendment to that program 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., 
m.s.t. March 11, 2010. If requested, we will hold a public hearing on 
the amendment on March 8, 2010. We will accept requests to speak until 
4 p.m., m.s.t. on February 24, 2010.

ADDRESSES: You may submit comments by either of the following two 
methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
This proposed rule has been assigned Docket ID: OSM-2009-0012. If you 
would like to submit comments through the Federal eRulemaking Portal, 
go to http://www.regulations.gov and follow the instructions. You can 
view the proposed rule and submit a comment. You can also view 
supporting material and any comments submitted by others.
    <bullet> Mail/Hand Delivery/Courier: Jeffrey Fleischman, Director, 
Casper Field Office, Office of Surface Mining Reclamation and 
Enforcement, Federal Building, 150 East B Street, Rm. 1018,Casper, 
Wyoming 82601-1018.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see the ``III. Public Comment 
Procedures'' in the SUPPLEMENTARY INFORMATION section of this document.
    In addition to viewing the docket and obtaining copies of documents 
at http://www.regulations.gov, you may review copies of the Wyoming 
program, this amendment, a listing of any 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 also receive one free copy of the amendment 
by contacting OSM's Casper Field Office.

Jeffrey Fleischman, Director, Casper Field Office, Office of Surface 
Mining Reclamation and Enforcement, Federal Building, 150 East B 
Street, Denver, Colorado 82601-1018, 307/261-06547, 
<a href="/cdn-cgi/l/email-protection#ade7ebc1c8c4decec5c0ccc3edc2dec0dfc883cac2db"><span class="__cf_email__" data-cfemail="98d2def4fdf1ebfbf0f5f9f6d8f7ebf5eafdb6fff7ee">[email protected]</span></a>.
John V. Corra, Director, Wyoming Department of Environmental Quality, 
Herschler Building, 122 West 25th Street, Cheyenne, Wyoming 82002, 307/
777-7046, jcorra.state.wy.us.

FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Telephone: (307) 
261-6547. Internet: <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="9cf6faf0f9f5effff4f1fdf2dcf3eff1eef9b2fbf3ea">[email protected]</a>.

SUPPLEMENTARY INFORMATION: 
I. Background on the Wyoming Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

I. Background on the Wyoming 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 State 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 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 the conditions 
of approval of the Wyoming program in the November 26, 1980, Federal 
Register (45 FR 78637). You can also find later actions concerning 
Wyoming's program and program amendments can be found at 30 CFR 950.12, 
950.15, 950.16, and 950.20.

II. Description of the Proposed Amendment

    By letter dated October 15, 2009, Wyoming sent us a proposed 
amendment to its approved regulatory program [Administrative Record 
Docket ID No. OSM-2009-0012]. Wyoming sent the amendment in response 
to: Portions of a February 21, 1990, letter that we sent to Wyoming in 
accordance with 30 CFR 732.17(c); previous OSM disapprovals at 30 CFR 
950.12(a)(6) and (7); and, required program amendments at 30 CFR 
950.16(f), (l), (m), (p), and (u). The amendment also includes changes 
made at Wyoming's own initiative. The full text of the program 
amendment is available for you to read at the locations listed above 
under ADDRESSES.
    Wyoming proposes to amend Chapters 1, 2, 4, 5, and Appendix A of 
the Land Quality Division (LQD) Coal Rules and Regulations (R&R) to 
address required program amendments and other deficiencies identified 
by OSM. The proposed changes are intended to clarify baseline 
vegetation requirements and revegetation reclamation plan requirements, 
clarify revegetation success standards and codify normal husbandry 
practices, reorganize and clarify species diversity and shrub density 
requirements, and revise and add definitions supporting those proposed 
changes. Wyoming also proposes rule changes to address several 
miscellaneous deficiencies.
    Specifically, Appendix A of the LQD R&R contains rules on 
vegetation sampling methods and reclamation success standards for 
shrubs on reclaimed lands. In August of 2006, OSM published new rules 
that no longer required sampling and statistical methods to be included 
in the rules of the regulatory authority. Consequently, much of 
Appendix A was no longer required and Wyoming proposes to delete 
Appendix A entirely and relocate portions thereof into Chapters 1, 2, 
and 4. Wyoming's proposed changes to Chapter 1 contain definitions that 
were relocated from deleted Appendix A. The proposed changes include 
new and revised definitions intended to clarify current or proposed 
rules and/or sampling methods in support of proposed changes in 
Chapters 2 and 4. The proposed changes include: New definitions for 
``Regulatory categories;'' new definitions related to normal 
``Husbandry practices;'' revisions to the rules on ``Reference areas;'' 
revision to the ``Eligible land'' definition; revision to the 
``Pastureland'' definition; and addition of the ``Species lacking 
creditable value'' definition. Wyoming also proposes to substantially 
reorganize the structure of Chapter 2 to revise Section 1 (General 
Requirements) and divide Section 2 (Application Content Requirements) 
into five new sections including Adjudication Requirements; Vegetation 
Baseline Requirements;

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General Baseline Requirements; Mine Plan; and Reclamation Plan.
    Similarly, Wyoming proposes to substantially reorganize the 
structure of Chapter 4 Section 2(d) into two new subsections with 
subsection (i) containing general revegetation performance standards 
and most of the current Section 2(d) rules, and adding rules dealing 
with normal husbandry practices. Subsection (ii) contains Revegetation 
Success Standards listed by post-mine land use categories and includes 
new rules for Fish and Wildlife Habitat; Postmining Wetlands; Developed 
Water Resource; Recreational; and a new provision within the current 
land use rule for Special Success Standards. Wyoming also proposes to 
combine the standards for grazingland and pastureland into a single 
section and proposes new Chapter 4 Appendix 4A, which describes the 
different shrub standard options, and is relocated from deleted 
Appendix A. Lastly, Wyoming proposes changes to its rules in Chapters 
2, 4, and 5 regarding cultural and historic resources, prime farmland, 
siltation structures and impoundments, and operator information.

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 Wyoming program.

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 Tribal 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 above (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 in the electronic docket 
for this rulemaking at http://www.regulations.gov. 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., m.s.t. on 
February 24, 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 the hearing. If 
only one person expresses an interest, a public meeting rather than a 
hearing may be held, with the results included in the docket for this 
rulemaking.
    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.

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.

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 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 State regulatory programs and program amendments because 
each program is drafted and promulgated by a specific State, not by 
OSM. Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and 
the Federal regulations at 30 CFR 730.11, 732.15, and 732.17(h)(10), 
decisions on proposed State regulatory programs and program amendments 
submitted by the States must be based solely on a determination of 
whether the submittal is consistent with SMCRA and its implementing 
Federal regulations and whether the other requirements of 30 CFR parts 
730, 731, and 732 have been met.

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. 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 expected to have a significant 
adverse

[[Page 6335]]

effect on the supply, distribution, or use of energy, a Statement of 
Energy Effects is not required.

National Environmental Policy Act

    This rule does not require an environmental impact statement 
because section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that 
agency decisions on proposed State regulatory program provisions do not 
constitute major Federal actions within the meaning of section 
102(2)(C) of the National Environmental Policy Act (42 U.S.C. 4321 et 
seq).

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), of 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

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: October 28, 2009.
James F. Fulton,
Acting Regional Director, Western Region.
[FR Doc. 2010-2781 Filed 2-8-10; 8:45 am]
BILLING CODE 4310-05-P


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