This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

32089 

Vol. 74, No. 128 

Tuesday, July 7, 2009 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 944 

[SATS No. UT–046–FOR; Docket ID No. 

OSM–2009–0005] 

Utah Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Proposed rule, opening of 

public comment period and opportunity 

for public hearing on proposed 

amendment. 

SUMMARY: We are announcing the 

receipt of a proposed amendment to the 

Utah regulatory program (hereinafter, 

the ‘‘Utah program’’) under the Surface 

Mining Control and Reclamation Act of 

1977 (‘‘SMCRA’’ or ‘‘the Act’’). Utah 

proposes to delete repeal dates for 

statutory provisions pertaining to permit 

eligibility and revegetation requirements 

on lands eligible for remining. Utah 

intends to revise its program to remain 

consistent with the Federal Program 

under SMCRA. 

This document gives the times and 

locations that the Utah program and the 

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.d.t.], August 6, 2009. If 

requested, we will hold a public hearing 

on the amendment on August 3, 2009. 

We will accept requests to speak until 

4 p.m. [m.d.t.] on July 22, 2009. 

ADDRESSES: You may submit comments 

by any of the following three methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. The proposed rule 

has been assigned Docket ID: OSM– 

2009–0005. If you would like to submit 

comments through the Federal 

eRulemaking Portal, go to http:// 

www.regulations.gov and do the 

following. Click on the ‘‘Advanced 

Docket Search’’ button on the right side 

of the screen. Type in the Docket ID 

‘‘OSM–2009–0005’’ and click the 

‘‘Submit’’ button at the bottom of the 

page. The next screen will display the 

Docket Search results. If you click on 

‘‘OSM–2009–0005’’ you can view the 

proposed rule and submit a comment. 

You can also view supporting material 

and any comments submitted by others. 

Hand Delivery/Courier: James F. 

Fulton, Chief, Denver Field Division, 

Office of Surface Mining Reclamation 

and Enforcement, 1999 Broadway, Suite 

3320, Denver, CO 80202. 

U.S. Postal Service: James F. Fulton, 

Chief, Denver Field Division, Office of 

Surface Mining Reclamation and 

Enforcement, P.O. Box 46667, Denver, 

CO 80201–46667. 

Instructions: 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: In addition to obtaining 

copies of documents at http:// 

www.regulations.gov, information may 

also be obtained at the addresses listed 

below during normal business hours, 

Monday through Friday, excluding 

holidays. You may receive one free copy 

of the amendment by contacting OSM’s 

Denver Office. 

James F. Fulton, Chief, Denver Field 

Division, Office of Surface Mining 

Reclamation and Enforcement, 1999 

Broadway, Suite 3320, Denver, CO 

80202, (303) 293–5015, 

jfulton@osmre.gov. 

John Baza, Director, Utah Division of 

Oil, Gas and Mining, 1594 West North 

Temple, Suite 1210, Salt Lake City, UT 

84116, 801–538–5334, 

johnbaza@utah.gov. 

FOR FURTHER INFORMATION CONTACT: 

James F. Fulton, Chief, Denver Field 

Division, Office of Surface Mining 

Reclamation and Enforcement, 1999 

Broadway, Suite 3320, Denver, CO 

80202, (303) 293–5015, 

jfulton@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Utah Program 

II. Description of the Proposed Amendment 

III. Public Comment Procedures 

IV. Procedural Determinations 

I. Background on the Utah 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 Utah 

program on January 21, 1981. You can 

find background information on the 

Utah program, including the Secretary’s 

findings, the disposition of comments, 

and the conditions of approval of the 

Utah program in the January 21, 1981, 

Federal Register (46 FR 5899). You can 

also find later actions concerning Utah’s 

program and program amendments at 30 

CFR 944.15 and 944.30. 

II. Description of the Proposed 

Amendment 

By letter dated May 19, 2009, Utah 

sent us a proposed amendment to its 

program (SATS # UT–046–FOR; Docket 

ID No. OSM–2009–0005) under SMCRA 

(30 U.S.C. 1201 et seq.). Utah sent the 

amendment at its own initiative. The 

full text of the program amendment is 

available for you to read at the locations 

listed above under ADDRESSES. 

Specifically, Utah proposes to delete 

Utah Code Annotated (UCA) 40–10– 

11(5)(c) and UCA 40–10–17(6). These 

subsections contain repeal dates for 

UCA 40–10–11(5) and UCA 40–10– 

17(2)(t)(ii). By deleting these repeal 

dates, the Division would retain 

provisions that are slated to expire. 

These provisions pertain to permit 

eligibility and revegetation requirements 

on lands eligible for remining. 

OSM deleted corresponding repeal 

dates in the December 20, 2006 changes 

to SMCRA (H.R. 6111, Tax Relief and 

Health Care Act of 2006). Through the 

deletion in SMCRA Sec. 510(e), OSM 

retained the authority of 510(e) and 

515(b)(20)(B), which were also slated to 

expire. 

32090 Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Proposed Rules 

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 Utah program. 

Electronic or Written Comments 

Send your written or electronic 

comments to OSM at the address given 

above. 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.d.t. on July 22, 2009. If you are 

disabled and need reasonable 

accommodation 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 

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 

Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Proposed Rules 32091 

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 944 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: May 29, 2009. 

Allen D. Klein, 

Regional Director, Western Region. 

[FR Doc. E9–15971 Filed 7–6–09; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2005–0161; FRL–8927–3] 

RIN 2060–A081 

Regulation of Fuels and Fuel 

Additives: Changes to Renewable Fuel 

Standard Program; Extension of 

Comment Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: The U.S. Environmental 

Protection Agency (‘‘EPA’’) is 

announcing an extension of the public 

comment period for the proposed rule 

‘‘Regulation of Fuels and Fuel 

Additives: Changes to Renewable Fuel 

Standard Program’’ (the proposed rule is 

hereinafter referred to as ‘‘RFS2’’). EPA 

published a notice of proposed 

rulemaking, which included a request 

for comment, in the Federal Register on 

May 26, 2009. The public comment 

period was to end on July 27, 2009—60 

days after publication in the Federal 

Register. The purpose of this document 

is to extend the comment period an 

additional 60 days until September 25, 

2009. This extension of the comment 

period is provided to allow the public 

additional time to provide comment on 

the proposed rule. 

DATES: The comment period for the 

proposed rule published May 26, 2009 

(74 FR 24904) is extended. Written 

comments must be received on or before 

September 25, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2005–0161, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Mail: Air and Radiation Docket and 

Information Center, Environmental 

Protection Agency, Mailcode: 2822T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. In addition, 

please mail a copy of your comments on 

the information collection provisions to 

the Office of Information and Regulatory 

Affairs, Office of Management and 

Budget (OMB), Attn: Desk Officer for 

EPA, 725 17th St., NW., Washington, DC 

20503. 

• Hand Delivery: EPA Docket Center, 

EPA West Building, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC 20004. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2005– 

0161. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http://www.

epa.gov/epahome/dockets.htm. For 

additional instructions on submitting 

comments, please refer to the notice of 

proposed rulemaking (Section XI, Public 

Participation, of the SUPPLEMENTARY

INFORMATION section of the proposed 

rulemaking document). 

How Can I Access the Docket? 

All documents in the docket are listed 

in the http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket and 

Information Center, EPA/DC, EPA West,