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###### Department of the Interior

###### Office of Surface Mining Reclamation and Enforcement

          - 30 CFR Part 950
          - [SATS No. WY-046-FOR; Docket ID OSM-2014-0007; S1D1SSS08011000SX066 A00067F144S180110; S2D2SSS08011000 SX066A00033F14XS501520]

# 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 regulatory program (hereinafter, the “Wyoming program”) under the Surface Mining Control and Reclamation Act of 1977 (“SMCRA” or “the Act”). Wyoming proposes both revisions of and additions to its coal rules and regulations concerning valid existing rights and ownership and control, and revises a provision concerning periodic monitoring of blasting. 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 4:00 p.m., m.d.t. December 12, 2014. If requested, we will hold a public hearing on the amendment on December 8, 2014. We will accept requests to speak until 4:00 p.m., m.d.t. on November 28, 2014.

# ADDRESSES:

You may submit comments by either of the following two methods:
      - Federal eRulemaking Portal: www.regulations.gov.                          This proposed rule has been assigned Docket ID: OSM-2014-0007. If you would like to submit comments through the Federal eRulemaking Portal, go to                          www.regulations.gov                          and follow the instructions.                    
      - Mail/Hand Delivery/Courier: Jeffrey Fleischman, Director, Casper Area Office, Office of Surface Mining Reclamation and Enforcement, Dick Cheney Federal Building, POB 11018, 150 East B Street, 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                         *www.regulations.gov,*                         you may review copies of the Wyoming program, this amendment, a listing of any scheduled public hearings, and all written comments received in response to this document, may be obtained at the                               ( print page 67117)                            addresses listed below during normal business hours, Monday through Friday, excluding holidays. You may also receive one free copy of the amendment by contacting OSMRE's Casper Area Office.                    

                        Jeffrey Fleischman, Director, Casper Area Office, Office of Surface Mining Reclamation and Enforcement, Dick Cheney Federal Building, POB 11018, 150 East B Street, Casper, Wyoming 82601-1018, (307) 261-6547,                         *jfleischman@osmre.gov.*

                        Todd Parfitt, Director, Wyoming Department of Environmental Quality, Herschler Building, 122 West 25th Street, Cheyenne, Wyoming 82002, (307) 777-7555,                         *todd.parfitt@wyo.gov.*

# FOR FURTHER INFORMATION CONTACT:

                        Jeffrey Fleischman, Telephone: (307) 261-6547. Internet:                         *jfleischman@osmre.gov.*

# 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 at 30 CFR 950.15, 950.16, and 950.20.                

## II. Description of the Proposed Amendment

                    By letter dated September 30, 2014, Wyoming sent us a proposed amendment to its approved regulatory program (Administrative Record Docket ID No. OSM-2014-0007) under SMCRA (30 U.S.C. 1201*et seq.*). Wyoming submitted the amendment to address deficiencies that OSMRE previously identified during its review of formal valid existing rights (WY-044-FOR; Docket ID No. OSM-2013-0001) and ownership and control (WY-045-FOR; Docket ID No. OSM-2013-0002) amendments. The amendment also revises a provision concerning periodic monitoring of blasting in response to a concern that the Casper Area Office identified during its annual oversight review of the Wyoming program.                

                    Specifically, Wyoming proposes to amend the Land Quality Division Coal Rules and Regulations at Chapter 1, Section 2(aa) (definition of “Control or controller”); the title of Chapter 2 (permit application requirements for surface coal mining operations); Chapter 2, Section 2(a)(i)(B) (ownership and control permit application information including a complete identification of interests); Chapter 2, Section 2(a)(ii)(A)(I) (ownership and control permit application information including a complete statement of compliance); Chapter 6, Section 4(b)(i)(A) (blasting standards; periodic monitoring of blasting); Chapter 12, Section 1(a)(vii)(F) (permitting procedures; availability of records); Chapter 12, Section 1(a)(viii)(B) (permitting procedures; final compliance review); Chapter 12, Section 1(a)(x)(D)(I) (permitting procedures; unanticipated events or conditions at remining sites); Chapter 12, Section 1(a)(xiv)(C) (permitting procedures; challenges to ownership or control listings in AVS); Chapter 12, Section 1(a)(xiv)(F) (permitting procedures; written agency decision on challenges to ownership or control listings or findings); Chapter 12, Section 1(b)(ii) (permitting procedures; transfer, assignment or sale of permit rights); and Chapter 16, Section 4(c)(i)(A) (individual civil penalties; amount of civil penalty). The full text of the program amendment is available for you to read at the locations listed above under                     **ADDRESSES**                    .                

## 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 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 above (see                     **ADDRESSES**                    ) will be included in the docket for this rulemaking and considered.                

*Public Availability of Comments:*

                    Before including your address, phone number, email 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                     *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 4:00 p.m., m.d.t. on November 28, 2014. 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.

### Public Meeting

                    If only one person requests an opportunity to speak, we may hold a                           ( print page 67118)                        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; 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 (Regulatory Planning and Review).

### Other Laws and Executive Orders Affecting Rulemaking

                    When a State submits a program amendment to OSMRE 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 950

      - Intergovernmental relations
      - Surface mining
      - Underground mining

Dated: October 8, 2014.

Ervin J. Barchenger,

Acting Regional Director, Western Region.

[FR Doc. 2014-26660 Filed 11-10-14; 8:45 am]

BILLING CODE 4310-05-P