Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Rules and Regulations 36113 

The Small Business Regulatory 

Enforcement Fairness Act of 1996 

This rule is not a major rule as 

defined by 5 U.S.C. 804, for purposes of 

congressional review of agency 

rulemaking under the Small Business 

Regulatory Enforcement Fairness Act of 

1996, Public Law 104–121. This rule 

will not result in an annual effect on the 

economy of $100 million or more; a 

major increase in costs or prices; or 

adverse effects on competition, 

employment, investment, productivity, 

innovation, or the ability of United 

States-based companies to compete with 

foreign based companies in domestic 

and import markets. 

Executive Order 12866 

The Department of State has reviewed 

this regulation to ensure its consistency 

with the regulatory philosophy and 

principles set forth in Executive Order 

12866 and has determined that the 

benefits of the regulation justify its 

costs. The Department does not consider 

the regulation to be an economically 

significant action within the scope of 

section 3(f)(1) of the Executive Order 

since it is not likely to have an annual 

effect on the economy of $100 million 

or more or to adversely affect in a 

material way the economy, a sector of 

the economy, competition, jobs, the 

environment, public health or safety, or 

state, local or tribal governments or 

communities. 

Executive Orders 12372 and 13132: 

Federalism 

This regulation will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or the 

distribution of power and 

responsibilities among the various 

levels of government. Nor will the rule 

have federalism implications warranting 

the application of Executive Orders No. 

12372 and No. 13132. 

Executive Order 12988: Civil Justice 

Reform 

The Department has reviewed the 

legislation in light of sections 3(a) and 

3(b)(2) of Executive Order No. 12988 to 

eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. 

Paperwork Reduction Act 

This rule does not impose information 

collection requirements under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C., Chapter 35. 

List of Subjects in 22 CFR Part 41 

Aliens, Foreign officials, Immigration, 

Nonimmigrants, Passports and visas. 

■ For the reasons set forth in the 

preamble, the Department of State 

amends 22 CFR part 41 as follows: 

PART 41—[AMENDED] 

■ 1. Revise paragraph (a)(3) of § 41.21 is 

to read as follows: 

§ 41.21 Foreign Officials—General. 

(a) * * * 

(3) Immediate family, as used in INA 

101(a)(15)(A), 101(a)(15)(G), and 

212(d)(8), and in classification under 

the NATO–1 through NATO–5 visa 

symbols, means the spouse and 

unmarried sons and daughters, whether 

by blood or adoption, who are not 

members of some other household, and 

who will reside regularly in the 

household of the principal alien. Under 

the INA 101(a)(15)(A) and 101(a)(15)(G) 

visa classifications, ‘‘immediate family’’ 

also includes individuals who: 

(i) Are not members of some other 

household; 

(ii) Will reside regularly in the 

household of the principal alien; 

(iii) Are recognized as immediate 

family members of the principal alien 

by the sending Government as 

demonstrated by eligibility for rights 

and benefits, such as the issuance of a 

diplomatic or official passport, or travel 

or other allowances; and 

(iv) Are individually authorized by 

the Department. 

* * * * * 

Dated: July 14, 2009. 

Michael D. Kirby, 

Acting Assistant Secretary for Consular 

Affairs, Department of State. 

[FR Doc. E9–17262 Filed 7–21–09; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 948 

[WV–115–FOR; OSM–2009–0006] 

West Virginia Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement (OSM), 

Interior. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: We are approving, on an 

interim basis, an amendment to the 

West Virginia regulatory program (the 

West Virginia program) under the 

Surface Mining Control and 

Reclamation Act of 1977 (SMCRA or the 

Act). West Virginia revised its Surface 

Coal Mining and Reclamation Act to 

effect changes concerning its alternative 

bonding system. The tax provisions of 

the amendment are intended to increase 

and extend the special reclamation tax, 

subject to biennial review by the 

legislature, and remove the additional 

tax. We are approving the increase and 

extension of the special reclamation tax, 

at the rate of fourteen and four-tenths 

cents per ton of clean coal mined, for 

deposit in the Special Reclamation 

Fund and the Special Reclamation 

Water Trust Fund, on an interim basis, 

with our approval becoming effective 

upon publication of this interim rule. 

DATES: Effective Date: This rule is 

effective July 22, 2009. Comment Date: 

We will accept written comments until 

4 p.m., local time August 21, 2009. If 

requested, we will hold a public hearing 

on August 17, 2009. We will accept 

requests to speak until 4 p.m., local time 

on August 6, 2009. 

ADDRESSES: You may submit written 

comments by any of the following two 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. The proposed rule 

has been assigned Docket ID: OSM– 

2009–0006. 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–2009–0006 and click the 

‘‘Submit’’ button at the bottom of the 

page. The next screen will display the 

Docket Search Results for the 

rulemaking. If you click on OSM–2009– 

0006, you can view the proposed rule 

and submit a comment. You can also 

view supporting material and any 

comments submitted by others. 

• Mail/Hand Delivery: Mr. Roger W. 

Calhoun, Director, Charleston Field 

Office, Office of Surface Mining 

Reclamation and Enforcement, 1027 

Virginia Street, East, Charleston, West 

Virginia 25301. Please include the rule 

identifier (WV–115–FOR) with your 

written comments. 

Instructions: All submissions received 

must include the agency Docket ID 

(OSM–2009–0006) for this rulemaking. 

For detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see ‘‘IV. 

Public Comment Procedures’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. You may also request to 

speak at a public hearing by any of the 

methods listed above or by contacting 

the individual listed under FOR FURTHER

INFORMATION CONTACT. 


jlentini on DSKJ8SOYB1PROD with RULES
36114 Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Rules and Regulations 

Docket: The interim rule and any 

comments that are submitted may be 

viewed over the internet at http:// 

www.regulations.gov. Look for Docket 

ID OSM–2009–0006. In addition, you 

may review copies of the West Virginia 

program, this amendment, a listing of 

any scheduled 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 this amendment by contacting 

OSM’s Charleston Field Office listed 

below. 

Mr. Roger W. Calhoun, Director, 

Charleston Field Office, Office of 

Surface Mining Reclamation and 

Enforcement, 1027 Virginia Street, East, 

Charleston, West Virginia 25301, 

Telephone: (304) 347–7158. E-mail: 

chfo@osmre.gov. 

West Virginia Department of 

Environmental Protection, 601 57th 

Street, SE., Charleston, WV 25304, 

Telephone: (304) 926–0490. 

In addition, you may review a copy of 

the amendment during regular business 

hours at the following locations: 

Office of Surface Mining Reclamation 

and Enforcement, Morgantown Area 

Office, 604 Cheat Road, Suite 150, 

Morgantown, West Virginia 26508, 

Telephone: (304) 291–4004. (By 

Appointment Only) 

Office of Surface Mining Reclamation 

and Enforcement, Beckley Area Office, 

313 Harper Park Drive, Suite 3, Beckley, 

West Virginia 25801, Telephone: (304) 

255–5265. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Roger W. Calhoun, Director, Charleston 

Field Office, Telephone: (304) 347– 

7158. E-mail: chfo@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the West Virginia Program 

II. Description and Submission of the 

Amendment 

III. OSM’s Findings 

IV. Public Comment Procedures 

V. OSM’s Decision 

VI. Procedural Determinations 

I. Background on the West Virginia 

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 the Act * * *; 

and rules and regulations consistent 

with regulations issued by the Secretary 

pursuant to the 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 West 

Virginia program on January 21, 1981. 

You can find background information 

on the West Virginia program, including 

the Secretary’s findings, the disposition 

of comments, and conditions of 

approval of the West Virginia program 

in the January 21, 1981, Federal 

Register (46 FR 5915). You can also find 

later actions concerning West Virginia’s 

program and program amendments at 30 

CFR 948.10, 948.12, 948.13, 948.15, and 

948.16. 

II. Description and Submission of the 

Amendment 

By letter dated May 22, 2009, and 

received on May 28, 2009 

(Administrative Record Number WV– 

1518), the West Virginia Department of 

Environmental Protection (WVDEP) 

submitted an amendment to its program 

under SMCRA (30 U.S.C. 1201 et seq.). 

The amendment includes changes to the 

West Virginia Surface Coal Mining and 

Reclamation Act (WVSCMRA) as 

contained in Enrolled Committee 

Substitute for Senate Bill 600 

concerning the State’s alternative 

bonding system. 

Committee Substitute for Senate Bill 

600 amended Section 22–3–11 of the 

WVSCMRA. As stated in the State’s May 

22, 2009, letter transmitting the 

amendment, Committee Substitute for 

Senate Bill 600 ‘‘amends Chapter 22–3– 

11 of the Code of West Virginia to 

implement actuarial recommendations 

relating to the continuing fiscal viability 

of the Special Reclamation Fund. The 

legislation consolidates what has been 

known as ‘‘the 7-and-7.4 tax’’ (the 7.4 

[cents] portion of which is currently 

subject to annual renewal) into a 14.4 

cent[s] tax per ton of clean coal mined, 

reviewable every two years by the 

Legislature’’. 

Subsection 22–3–11(h)(1) of the 

WVSCMRA is amended by deleting the 

year 2008, and adding language to 

provide that, ‘‘For tax periods 

commencing on and after July 1, 2009, 

every person conducting coal surface 

mining shall remit a special reclamation 

tax * * *’’ 

Former subparagraph (A) is revised by 

deleting language which provides that 

the special reclamation tax be remitted 

for the initial period of twelve months, 

ending June 30, 2009, and the word 

‘‘seven’’ is deleted. As modified, the 

special reclamation tax is increased 

from seven and four-tenths to fourteen 

and four-tenths cents per ton of clean 

coal mined. 

Former subparagraph (B) is amended 

by deleting language which provides 

that ‘‘[A]n additional seven cents per 

ton of clean coal mined, the proceeds of 

which shall be deposited in the Special 

Reclamation Fund.’’ This revision 

eliminates the additional seven cents 

tax which previously funded the Special 

Reclamation Fund. 

Furthermore, language is deleted 

which provides that the additional 

seven cents tax shall be reviewed and, 

if necessary, adjusted annually by the 

Legislature upon the recommendation of 

the council pursuant to the provisions 

of section seventeen, article one of this 

chapter. This provision is modified to 

provide that, ‘‘Beginning with the tax 

period commencing on July 1, 2009, and 

every two years thereafter, the special 

reclamation tax shall be reviewed by the 

Legislature to determine whether the tax 

should be continued:’’ 

Specifically, the amended language 

relating to the special reclamation tax 

now reads as follows: 

Chapter 22–3–11. Bonds; amount and 

method of bonding; bonding requirements; 

special reclamation tax and funds; prohibited 

acts; period of bond liability. 

(h)(1) For tax periods commencing on and 

after July 1, 2009, every person conducting 

coal surface mining shall remit a special 

reclamation tax of fourteen and four-tenths 

cents per ton of clean coal mined, the 

proceeds of which shall be allocated by the 

secretary for deposit in the Special 

Reclamation Fund and the Special 

Reclamation Water Trust Fund. The tax shall 

be levied upon each ton of clean coal severed 

or clean coal obtained from refuse pile and 

slurry pond recovery or clean coal from other 

mining methods extracting a combination of 

coal and waste material as part of a fuel 

supply. Beginning with the tax period 

commencing on July 1, 2009, and every two 

years thereafter, the special reclamation tax 

shall be reviewed by the Legislature to 

determine whether the tax should be 

continued: Provided, That the tax may not be 

reduced until the Special Reclamation Fund 

and Special Reclamation Water Trust Fund 

have sufficient moneys to meet the 

reclamation responsibilities of the state 

established in this section. 

III. OSM’s Findings 

Effective upon publication of this 

interim rule, we are approving, on an 

interim basis, the revisions to 

Subsection 22–3–11(h)(1) of the 

WVSCMRA, which increase and extend 

the special reclamation tax and remove 

the additional tax. Since these revisions 

continue revenues into the State’s 

alternative bonding system at the same 

rate as previously approved, we find 

that they do not render the West 

Virginia program less effective than the 

Federal regulations at 30 CFR 800.11(e). 

Because our approval of these revisions 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Rules and Regulations 36115 

is interim, and in order to satisfy the 

public participation requirements for 

approval or disapproval of State 

program amendments, we will accept 

comments on the increase and extension 

of the special reclamation tax in 

accordance with Section IV of this 

Federal Register notice. Following our 

review of the comments received, we 

will issue a final rule announcing the 

Director’s final decision on the revisions 

to Subsection 22–3–11(h)(1) of the 

WVSCMRA that are the subject of this 

interim rule. 

Pursuant to the Administrative 

Procedure Act at 5 U.S.C. 553(b)(3)(B), 

we find that good cause exists to 

approve the revisions to Subsection 22– 

3–11(h)(1) of the WVSCMRA on an 

interim basis without notice and 

opportunity for comment, because to 

require notice and opportunity for 

comment now would be contrary to the 

public interest in that the special 

reclamation tax is due to expire on June 

30, 2009, and it would delay the start of 

the collection of the increased special 

reclamation tax. Enrolled Committee 

Substitute for Senate Bill 600 becomes 

effective under State law on July 1, 

2009, and the public interest in the 

accomplishment of prompt and 

thorough reclamation of bond forfeiture 

sites, including water treatment of 

discharges therefrom, will be adversely 

affected if the 14.4 cents per ton special 

reclamation tax cannot be collected on 

and after that effective date. In any 

event, as explained above, the public 

will have an opportunity to comment on 

the reinstatement and extension of the 

special reclamation tax, before we make 

a final decision on the proposed 

changes. 

IV. Public Comment Procedures 

Under the provisions of 30 CFR 

732.17(h), we are seeking your 

comments on whether these 

amendments satisfy the applicable 

program approval criteria of 30 CFR 

732.15. If we approve these revisions, 

they will become part of the West 

Virginia program. 

Written Comments: Send your written 

comments to OSM at one of the 

addresses given above. Your comments 

should be specific, pertain only to the 

issues proposed in this rulemaking, and 

include explanations in support of your 

recommendations. We may not consider 

or respond to your comments when 

developing the final rule if they are 

received after the close of the comment 

period (see DATES) or sent to an address 

other than those listed above (see 

ADDRESSES). 

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. (Eastern time), on 

August 6, 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 

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 there is only limited 

interest in participating in a public 

hearing, 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 will be 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 

Docket for this rulemaking. 

V. OSM’s Decision 

Based on the above findings, we are 

approving on an interim basis, the 

specific revisions outlined above to the 

West Virginia program as provided to us 

on May 28, 2009. To implement this 

decision, we are amending the Federal 

regulations at 30 CFR Part 948, which 

codify decisions concerning the West 

Virginia program. We find that good 

cause exists under 5 U.S.C. 553(d)(3) to 

make this interim rule effective 

immediately. Section 503(a) of SMCRA 

requires that the State’s program 

demonstrate that the State has the 

capability of carrying out the provisions 

of the Act and meeting its purposes. 

Making this rule effective immediately 

will expedite that process. SMCRA 

requires consistency of State and 

Federal standards. 

VI. Procedural Determinations 

Executive Order 12630—Takings 

This rule does not have takings 

implications. This determination is 

based on an analysis of the State 

submission. 

Executive Order 12866—Regulatory 

Planning and Review 

This rule is exempt from review by 

the Office of Management and Budget 

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, and Section 503(a)(7) requires 

that State programs contain rules and 

regulations ‘‘consistent with’’ 


jlentini on DSKJ8SOYB1PROD with RULES
36116 Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Rules and Regulations 

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 federallyrecognized 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 basis for this determination is that 

our decision is on a State regulatory 

program and does not involve a Federal 

regulation involving Indian lands. 

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. 4332(2)(C)). 

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. 

3507 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 has a 

special reclamation tax of $0.074 per ton 

of clean coal mined which is due to 

expire on June 30, 2009. The tax is used 

to reclaim bond forfeiture sites in the 

State. On May 4, 2009, the Governor 

signed into law a bill that will reinstate 

and increase the special reclamation tax 

to $0.144 per ton of clean coal mined. 

The additional $0.07 tax is being 

removed, and the previous one-year 

expiration period for the special 

reclamation tax is being deleted. Under 

the amended language, the Legislature 

will review the special reclamation tax 

every two years to determine whether 

the tax should be continued. The tax is 

payable by all operators mining coal in 

West Virginia, regardless of size. The 

tax, which is an important source of 

revenue for the State’s alternative 

bonding system, is used to supplement 

reclamation bond amounts in the event 

of forfeiture. 

Small Business Regulatory Enforcement 

Fairness Act 

Based upon the above analysis and 

discussion, we have determined that 

this rule is not a major rule under 5 

U.S.C. 804(2), 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; and (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. 

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 analysis performed under various 

laws and executive orders for the 

counterpart Federal regulations. 

List of Subjects in 30 CFR Part 948 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: June 15, 2009. 

Thomas D. Shope, 

Regional Director, Appalachian Region. 

■ For the reasons set out in the 

preamble, 30 CFR part 948 is amended 

as set forth below: 

PART 948—WEST VIRGINIA 

■ 1. The authority citation for part 948 

continues to read as follows: 

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

■ 2. Section 948.15 is amended by 

adding a new entry to the table in 

chronological order by ‘‘Date of 

publication of final rule’’ to read as 

follows: 

§ 948.15 Approval of West Virginia 

regulatory program amendments. 

* * * * * 

Original amendment submission 

date Date of publication of final rule Citation/description of approved provisions 

* * * * * * * 

May 28, 2009 July 22, 2009 W. Va. Code 22–3–11(h)(1) (interim approval). 

[FR Doc. E9–16796 Filed 7–21–09; 8:45 am] 

BILLING CODE 4310–05–P 

POSTAL SERVICE 

39 CFR Part 111 

Express Mail Refunds for Shipments of 

Live Animals 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service is revising 

its standards for postage refunds for 

Express Mail® shipments of live animals 

in an effort to maintain the economic 

viability of shipping animals via 

Express Mail service. 

DATES: Effective Date: September 8, 

2009. 

FOR FURTHER INFORMATION CONTACT: Joel 

Rosen, 202–268–4329 or Monica Grein, 

202–268–8411. 

SUPPLEMENTARY INFORMATION: On April 

14, 2009, the Postal Service published a 

proposed rule in the Federal Register 

(74 FR 17128–17129) inviting comments 

on a revision to change the postage 

refund standards for Express Mail 

shipments of live animals delivered or 

attempted to be delivered within 3 days 


jlentini on DSKJ8SOYB1PROD with RULES