[Federal Register Volume 69, Number 228 (Monday, November 29, 2004)]
[Proposed Rules]
[Page 69348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26195]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Parts 870 and 872

RIN 1029-AC47


Coal Production Fees and Fee Allocation

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

ACTION: Proposed rule; extension of comment period.

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SUMMARY: In response to a request from the trustees of the United Mine 
Workers of America Combined Benefit Fund, we are extending the comment 
period for the proposed rule published in the September 17, 2004, 
Federal Register concerning fees and fee allocations under the 
abandoned mine reclamation program provisions of the Surface Mining 
Control and Reclamation Act of 1977 (SMCRA or the Act).

DATES: Electronic or written comments: We will accept written comments 
on the proposed rule until 4:30 p.m., Eastern time, on December 16, 
2004.

ADDRESSES: If you wish to comment on the proposed rule, you may submit 
your comments by any of the following methods to the address indicted:
     E-mail: [email protected]. Please include docket number 
1029-AC47 in the subject line of the message.
     Mail/Hand-Delivery/Courier: Office of Surface Mining 
Reclamation and Enforcement, Administrative Record, Room 210, 1951 
Constitution Avenue, NW., Washington, DC 20240. Please identify the 
comments as pertaining to docket number 1029-AC47.
     Federal e-Rulemaking Portal: http//www.regulations.gov. 
Follow the instructions provided at http://www.regulations.gov under 
the ``How to Comment'' heading for this rule.

FOR FURTHER INFORMATION CONTACT: Dennis Rice, Office of Surface Mining 
Reclamation and Enforcement, 1951 Constitution Avenue, NW., Washington, 
DC 20240. Telephone: (202) 208-2829. E-mail address: [email protected]. 
You will find additional information concerning OSM, fees on coal 
production, and Abandoned Mine Reclamation Fund, and abandoned mine 
reclamation in general on our home page at http://www.osmre.gov.

SUPPLEMENTARY INFORMATION: On September 17, 2004, we published a 
proposed rule setting forth procedures and criteria for the 
establishment of fees under section 402(b) of SMCRA. That section of 
the Act provides that, when the rates set forth in section 402(a) of 
the Act expire, the fee for coal produced after that date ``shall be 
established at a rate to continue to provide for the deposit referred 
to in subsection (h) [of section 402 of SMCRA].'' Section 402(h) 
requires the annual transfer of certain estimated Abandoned Mine 
Reclamation Fund earnings to the United Mine Workers of America 
Combined Benefit Fund. The proposed rule also contained revisions to 
the regulations governing allocation and disposition of fee collections 
and other Abandoned Mine Reclamation Fund income. For a full 
explanation of the proposed rule, please refer to the rule text and 
preamble published at 69 FR 56132-56144.
    At the time the rule was published, the fee rates set forth in 
section 402(a) of the Act would have expired on September 30, 2004. 
However, a continuing resolution enacted on September 30, 2004, 
extended those rates through November 20, 2004. See section 125 of 
Public Law 108-309. Further continuing resolutions or appropriations 
legislation may provide for additional extensions of the statutory 
rates or revisions thereof.
    The comment period on the proposed rule was originally scheduled to 
close on November 16, 2004. However, by letter dated November 10, 2004, 
the trustees of the United Mine Workers of America Combined Benefit 
Fund requested a 30-day extension of that deadline. We are granting 
that request, which means that all interested persons may submit 
electronic or written comments until December 16, 2004, in accordance 
with the instructions provided in DATES and ADDRESSES above and in Part 
X of the preamble to the September 17, 2004, rule (see 69 FR 56140).

    Dated: November 18, 2004.
Jeffrey D. Jarrett,
Director, Office of Surface Mining Reclamation and Enforcement.
[FR Doc. 04-26195 Filed 11-26-04; 8:45 am]
BILLING CODE 4310-05-M