[Federal Register Volume 77, Number 113 (Tuesday, June 12, 2012)]
[Proposed Rules]
[Page 34894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14314]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 950

[SATS No WY-041-FOR; Docket ID OSM-2011-0020]


Wyoming Regulatory Program

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

ACTION: Proposed rule; withdrawal.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are announcing the withdrawal of a proposed rule pertaining to 
an amendment to the Wyoming regulatory program (the Wyoming program) 
and its coal rules and regulations. Wyoming submitted the amendment to 
address required ownership and control rule changes that OSM identified 
in a letter to Wyoming dated October 2, 2009, under 30 CFR 732.17(c), 
and four deficiencies that were identified by OSM during the review of 
a previous program amendment (WY-038-FOR; Docket ID OSM-2009-
0012).

DATES: The proposed rule published December 23, 2011, at 76 FR 80310, 
is withdrawn June 12, 2012.

FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Director, Casper 
Field Office, Office of Surface Mining Reclamation and Enforcement, 
Dick Cheney Federal Building, POB 11018, 150 East B Street, Casper, 
Wyoming 82601-1018; Telephone: 307-261-6550, email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 
I. Background on the Wyoming Program
II. Submission of the Withdrawal

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 950.12, 950.15, 
950.16, and 950.20.

II. Submission of the Withdrawal

    By letter dated October 24, 2011, Wyoming sent us a proposed 
amendment to its approved regulatory program (Administrative Record 
Docket ID No. OSM-2011-0020) under SMCRA (30 U.S.C. 1201 et seq.). 
Wyoming submitted the amendment to address required rule changes OSM 
identified in a letter to Wyoming dated October 2, 2009, under 30 CFR 
732.17(c) (``732 letter''). These included changes to Wyoming's rules 
for ownership and control. Wyoming also submitted the amendment to 
address four deficiencies that OSM identified in response to Wyoming's 
formally submitted revegetation rule package (WY-038-FOR; Docket ID 
OSM-2009-0012) and correct numerous inaccurate citations to 
other sections of Wyoming's rules and regulations.
    We announced receipt of the proposed amendment in the December 23, 
2011, Federal Register (76 FR 80310). In the same document, we opened 
the public comment period and provided an opportunity for a public 
hearing or meeting on the amendment's adequacy (Administrative Record 
Document ID No. OSM-2011-0020-0001). We did not hold a public hearing 
or meeting because no one requested one. The public comment period 
ended on January 23, 2012. We received comments from three Federal 
agencies (Mine Safety and Health Administration, USDA Forest Service, 
U.S. Geological Survey) and one State agency (Wyoming Game and Fish 
Department). In a letter dated March 16, 2012, Wyoming notified us that 
it was withdrawing the proposed amendment at this time so that it can 
draft additional rule language to address the issues in the October 2, 
2009, 732 letter and resubmit the amendment by January of 2013. The 
required rule changes identified by OSM in the October 2, 2009, 732 
letter to Wyoming remain effective.

List of Subjects in 30 CFR Part 950

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: April 20, 2012.
Allen D. Klein,
Regional Director, Western Region.
[FR Doc. 2012-14314 Filed 6-11-12; 8:45 am]
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