[Federal Register Volume 76, Number 200 (Monday, October 17, 2011)]
[Proposed Rules]
[Pages 64043-64045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26764]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 915

[Docket No. IA-016-FOR; Docket ID: OSM-2011-0014]


Iowa Regulatory Program

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

ACTION: Proposed rule; public comment period on proposed amendment.

-----------------------------------------------------------------------

SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are announcing receipt of a proposed amendment to the Iowa 
regulatory program (Iowa program) under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA or the Act). Iowa proposes to revise its 
regulatory program by updating its adoption by reference of applicable 
portions of the Code of Federal Regulations. Iowa intends to revise its 
program to be consistent with the corresponding Federal regulations.
    This document provides the times and locations that the Iowa 
program and proposed amendments to this 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 the amendment until 4 p.m., 
c.d.t., November 16, 2011. If requested, we will hold a public hearing 
on the amendment on November 14, 2011. We will accept requests to speak 
at a hearing until 4 p.m., c.d.t., November 1, 2011.

ADDRESSES: You may submit comments, identified by Docket No. IA-016-
FOR, by any of the following methods:
     E-mail: [email protected]. Include Docket No. IA-016-FOR 
in the subject line of the message.
     Mail/Hand Delivery: Andrew R. Gilmore, Chief, Alton Field 
Division, Office of Surface Mining Reclamation and Enforcement, 501 
Belle Street, Alton, Illinois 62002.
     Fax: (618) 463-6470.
     Federal eRulemaking Portal: The amendment has been 
assigned Docket ID: OSM-2011-0014. If you would like to submit comments 
go to http://www.regulations.gov. Follow the instructions for 
submitting comments.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. 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: For access to the docket to review copies of the Iowa 
regulations, this amendment, a listing of any scheduled public 
hearings, and all written comments received in response to this 
document, you must go to the address listed below during normal 
business hours, Monday through Friday, excluding holidays. You may 
receive one free copy of the amendment by contacting OSM's Alton Field 
Division; or you can view the full text of the program amendment 
available for you to read at http://www.regulations.gov.

    Andrew R. Gilmore, Chief, Alton Field Division, Office of Surface 
Mining Reclamation and Enforcement, 501 Belle Street, Alton, Illinois 
62002. Telephone: (618) 463-6460. E-mail: [email protected].
    In addition, you may review a copy of the amendment during regular 
business hours at the following location:
    Iowa Department of Agriculture and Land Stewardship, Division of 
Soil Conservation, Mines & Minerals Bureau, 502 E. 9th Street, Henry A. 
Wallace Building, Des Moines, Iowa 50319. Telephone: (515) 281-5347.

FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Chief, Alton Field 
Division. Telephone: (618) 463-6460. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Iowa Program
II. Description of the Proposed Amendment
III. Public Comment Procedures

[[Page 64044]]

IV. Procedural Determinations

I. Background on the Iowa 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 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 Iowa program effective April 10, 1981. You can find background 
information on the Iowa program, including the Secretary's findings, 
the disposition of comments, and the conditions of approval, in the 
January 21, 1981, Federal Register (46 FR 5885). You can also find 
later actions concerning the Iowa program and program amendments at 30 
CFR 915.10, 915.15, and 915.16.
    Iowa uses a system of coal mining regulations that adopt the 
Federal regulations under SMCRA that are in effect up to a specific 
date. They note in their regulations, variations from the Federal 
regulations, primarily in reference to agency names, responsible 
officials, and other provisions to reflect Iowa law. The approved Iowa 
program is structured this way.

II. Description of the Proposed Amendment

    By letter dated August 25, 2011 (Administrative Record No. IA-451), 
the Iowa Department of Agriculture and Land Stewardship, Division of 
Soil Conservation (IDSC) sent us amendments to its Program under SMCRA 
(30 U.S.C. 1201 et seq.) to satisfy ownership and control requirements 
and to update other provisions. Below is a summary of the changes 
proposed by Iowa. The full text of the program amendment is available 
for you to read at the locations listed above under ADDRESSES or at 
http://www.regulations.gov.

Adoptions by Reference of 30 CFR Part 700 to End Revised as of July 1, 
2010

    Iowa proposes to amend its adoption by reference regulations by 
updating dates of Federal regulations adopted to July 1, 2010, adding 
citations in its ownership and control requirement sections, and making 
other changes, all listed in the table below.

------------------------------------------------------------------------
    27 Iowa Administrative Code
   Chapter 40, coal mining rules                    Topic
------------------------------------------------------------------------
27--40.1(1).......................  Authority and scope.
27--40.3(207).....................  General.
27--40.4(207).....................  Permanent regulatory program and
                                     exemption for coal extraction
                                     incidental to the extraction of
                                     other minerals.
27--40.5(207).....................  Restrictions on financial interests
                                     of State employees.
27--40.6(207).....................  Exemptions for coal extraction
                                     incident to government--financed
                                     highway or other constructions.
27--40.7(207).....................  Protection of employees.
27--40.11(207)....................  Initial regulatory program.
27--40.12(207)....................  General performance standards--
                                     initial program.
27--40.13(207)....................  Special performance standards--
                                     initial program.
27--40.21(207), 40.21(3), 40.21(7)  Areas designated by an Act of
                                     Congress.
27--40.22(207), 40.22(1)..........  Criteria for designating areas as
                                     unsuitable for surface coal mining
                                     operations.
27--40.23(207)....................  State procedures for designating
                                     areas unsuitable for surface coal
                                     mining operations.
27--40.30(207)....................  Requirements for coal exploration.
27--40.31(207), 40.31(9),           Requirements for permits and permit
 40.31(10), 40.31(11).               processing.
27--40.32(207), 40.32(7)..........  Revision or amendment; renewal; and
                                     transfer, assignment, or sale of
                                     permit rights.
27--40.33(207)....................  General content requirements for
                                     permit applications.
27--40.34(207)....................  Permit application--minimum
                                     requirements for legal, financial,
                                     compliance, and related
                                     information.
27--40.35(207)....................  Surface mining permit applications--
                                     minimum requirements for
                                     information on environmental
                                     resources.
27--40.36(207), 40.36(2)..........  Surface mining permit applications--
                                     minimum requirements for
                                     reclamation and operation plan.
27--40.37(207)....................  Underground mining permit
                                     applications--minimum requirements
                                     for information on environmental
                                     resources.
27--40.38(207), 40.38(6)..........  Underground mining permit
                                     applications--minimum requirements
                                     for reclamation and operation plan.
27--40.39(207), 40.39(2), 40.39(3)  Requirements for permits for special
                                     categories of mining.
27--40.41(207)....................  Permanent regulatory program--small
                                     operator assistance program.
27--40.51(207)....................  Bond and insurance requirements for
                                     surface coal mining and reclamation
                                     operations under regulatory
                                     programs.
27--40.61(207)....................  Permanent program performance
                                     standards--general provisions.
27--40.62(207)....................  Permanent program performance
                                     standards--coal exploration.
27--40.63(207)....................  Permanent program performance
                                     standards--surface mining
                                     activities.
27--40.64(207)....................  Permanent program performance
                                     standards--underground mining
                                     activities.
27--40.65(207)....................  Special permanent program
                                     performance standards--auger
                                     mining.
27--40.66(207)....................  Special permanent program
                                     performance standards--operations
                                     on prime farmland.
27--40.67(207)....................  Permanent program performance
                                     standards--coal preparation plants
                                     not located within the permit area
                                     of a mine.
27--40.71(207)....................  State regulatory authority--
                                     inspection and enforcement.
27--40.74(207)....................  Civil penalties.
27--40.75(207)....................  Individual civil penalties.
27--40.81(207)....................  Permanent regulatory program
                                     requirements--standards for
                                     certification of blasters.
27--40.82(207)....................  Certification of blasters.
------------------------------------------------------------------------


[[Page 64045]]

    The full text of the program amendment is available for you to read 
at the locations listed above under ADDRESSES or at 
www.regulations.gov.

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 Iowa 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 (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 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., c.d.t. on 
November 1, 2011. 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 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 only one person requests an opportunity to speak, 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 
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.

Other Laws and Executive Orders Affecting Rulemaking

    When a State submits a program amendment to OSM 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 915

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: September 6, 2011.
Ervin J. Barchenger,
Regional Director, Mid-Continent Region.
[FR Doc. 2011-26764 Filed 10-14-11; 8:45 am]
BILLING CODE 4310-05-P