[Federal Register Volume 78, Number 31 (Thursday, February 14, 2013)]
[Rules and Regulations]
[Pages 10512-10523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03365]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 950

[SATS No. WY-040-FOR; Docket ID OSM-2011-0004]


Wyoming Regulatory Program

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

ACTION: Final rule; approval of amendment with certain exceptions.

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SUMMARY: We are issuing a final decision on an amendment to the Wyoming 
regulatory program (the ``Wyoming program'') under the Surface Mining 
Control and Reclamation Act of 1977 (``SMCRA'' or ``the Act''). Our 
decision approves in part and disapproves in part the amendment. 
Wyoming proposes revisions and additions to rules concerning noncoal 
mine waste, valid existing rights, and individual civil penalties. 
Wyoming revised its program to be consistent with the corresponding 
Federal regulations and SMCRA, clarify ambiguities, and improve 
operational efficiency.

DATES: Effective Date: February 14, 2013.

FOR FURTHER INFORMATION CONTACT: Jeffrey W. Fleischman, Telephone: 
307.261.6550, Email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Wyoming Program
II. Submission of the Proposed Amendment
III. OSMRE's Findings
IV. Summary and Disposition of Comments
V. OSMRE's Decision
VI. Procedural Determinations

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 Proposed Amendment

    By letter dated April 28, 2011, Wyoming sent us a proposed 
amendment to its approved regulatory program (SATS number: WY-040-FOR, 
Administrative Record Docket ID No. OSM-2011-0004) under SMCRA (30 
U.S.C. 1201 et seq.). Wyoming submitted the amendment partly in 
response to a February 13, 2008, letter that we sent to Wyoming 
notifying the State that the Office of Surface Mining Reclamation and 
Enforcement's (OSMRE) December 17, 1999, Valid Existing Rights (VER) 
rule changes had been upheld in court and the State should respond to 
our April 2, 2001, letter sent in accordance with 30 CFR 732.17(c) 
(``732 letter''). That letter required Wyoming to submit amendments to 
ensure its program remains consistent with the Federal program. This 
amendment package is intended to address all required rule changes 
pertaining to VER. Wyoming also submitted the proposed amendment to 
address required program amendments at 30 CFR 950.16(r), (s), and (t), 
respectively, and deficiencies that we identified in a November 7, 
1988, 732 letter. These included changes to Wyoming's rules for noncoal 
mine waste and individual civil penalties.
    We announced receipt of the proposed amendment in the June 21, 
2011, Federal Register (76 FR 36040). 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-2011-0004-0001). We did not hold a public hearing 
or meeting because no one requested one. The public comment period 
ended on July 21, 2011. We received comments from three Federal 
agencies (discussed under ``IV. Summary and Disposition of Comments'').
    During our review of the amendment, we identified concerns 
regarding Wyoming's proposed rule changes in response to the April 2, 
2001, 732 letter including revisions to its definition of ``Valid 
existing rights'' at Chapter 1, Section 2(fl); its newly-proposed 
``Needed for and adjacent standard'' definition at Chapter 1, Section 
2(fl)(ii)(B)(IV); its newly-proposed VER standards for roads rule at 
Chapter 1, Section 2(fl)(iii); its procedures for public road waivers 
at Chapter 12, Section 1(a)(v)(D); its VER submission requirements and 
procedure rules at Chapter 12, Section 1(a)(vii)(A)(I) and (IV); its 
requirements for initial review of VER requests at Chapter 12, Section 
1(a)(vii)(B)(I) and (IV); its VER public notice and comment 
requirements at Chapter 12, Section 1(a)(vii)(C)(I)(3.), (C)(II)(2.), 
and (C)(III); its rules at Chapter 12, Section 1(a)(vii)(D)(I) and 
(III) concerning how a VER decision will be made; its newly-proposed 
requirements at Chapter 12, Section 1(a)(vii)(E) providing for 
administrative

[[Page 10513]]

and judicial review of VER determinations; its proposed revisions at 
Chapter 12, Section 1(a)(vii)(F) regarding availability of records; its 
newly proposed procedures for joint approval of surface coal mining 
operations that will adversely affect publicly owned parks or historic 
places at Chapter 12, Section 1(a)(vii)(G)(III)(2.); its proposed 
definition of ``willfully'' at Chapter 16, Section 4(a)(iii) in 
response to a November 7, 1988, 732 letter; and its newly proposed 
rules at Chapter 16, Section 4(b)(i) for determining when an individual 
civil penalty may be assessed in response to the November 7, 1988, 732 
letter. We notified Wyoming of these concerns by letter dated August 
17, 2011 (Administrative Record Document ID No. OSM-2011-0004-0009).
    We delayed final rulemaking to afford Wyoming the opportunity to 
submit new material to address the deficiencies. Wyoming responded in a 
letter dated October 5, 2011, that it could not currently submit 
additional formal revisions to the amendment due to the administrative 
rulemaking requirements for promulgation of revised substantive rules 
(Administrative Record Document ID No. OSM-2011-0004-0010). 
Specifically, Wyoming explained that the required changes would be 
considered substantive in nature and therefore the Land Quality 
Division (LQD) is required to present the proposed rules to the LQD 
Advisory Board and then the Wyoming Environmental Quality Council for 
vetting. Following approval by the Governor, the rules may be submitted 
to OSMRE for final review. While it could not submit formal changes, 
Wyoming did submit informal responses to the noted concerns. Therefore, 
we are proceeding with the final rule Federal Register document. Our 
concerns and Wyoming's responses thereto are explained in detail below.

III. OSMRE's Findings

    30 CFR 732.17(h)(10) requires that State program amendments meet 
the criteria for approval of State programs set forth in 30 CFR 732.15, 
including that the State's laws and regulations are in accordance with 
the provisions of the Act and consistent with the requirements of 30 
CFR Part 700. In 30 CFR 730.5, OSMRE defines ``consistent with'' and 
``in accordance with'' to mean (a) with regard to SMCRA, the State laws 
and regulations are no less stringent than, meet the minimum 
requirements of, and include all applicable provisions of the Act and 
(b) with regard to the Federal regulations, the State laws and 
regulations are no less effective than the Federal regulations in 
meeting the requirements of SMCRA.
    Following are the findings we made concerning the amendment under 
SMCRA and the Federal regulations at 30 CFR 732.15 and 732.17. We are 
approving the amendment with certain exceptions as described below.

A. Minor Revisions to Wyoming's Rules

    Wyoming proposed minor editorial and recodification changes to the 
following previously approved rules. No substantive changes to the text 
of these regulations were proposed. Because the proposed revisions to 
these previously approved rules are minor, we are approving the changes 
and find that they are no less effective than the corresponding Federal 
regulations.
    Chapter 1, Section 2(fl)(iii); deletion of existing ``needed for 
and adjacent'' rule due to newly-proposed rule language at Section 
2(fl)(ii)(B);
    Chapter 7, Section 1(a)(i)(A) and (B); recodification of existing 
Underground Coal Mining Permit Application Content Requirements to 
reflect changes resulting from WY-038-FOR;
    Chapter 12, Section 1(a)(viii), (ix), (x), and (xi); and 
recodification of existing permitting procedure rules applicable to 
surface coal mine operation permit applications.

B. Revisions to Wyoming's Rules That Have the Same Meaning as the 
Corresponding Provisions of the Federal Regulations

1. Wyoming proposes additions and revisions to the following rules 
containing language that are the same as or similar to the 
corresponding sections of the Federal regulations and/or SMCRA. We are 
approving the following revisions
    Chapter 1, Section 2(fl)(ii)(A) and (B)(I)-(III); VER ``Good faith/
all permits'' and ``Needed for and adjacent'' standards; [30 CFR 
761.5(b)(1) and (2)(i)-(iii)];
    Subsections (A)-(D) of Chapter 1, Section 2(fl)(iii); VER standard 
for roads; [30 CFR 761.5(c)(1)-(4)];
    Chapter 10, Section 2(a); General permit requirements for 
exploration of more than 250 tons or in an area designated as 
unsuitable; [30 CFR 772.12(a)];
    Chapter 10, Section 2(b)(xiii); Exploration permit application 
information; [30 CFR 772.12(b)(14)];
    Chapter 10, Section 3(c) (iv); Approval of applications for 
exploration of more than 250 tons or in an area designated as 
unsuitable for surface coal mining operations; [30 CFR 
772.12(d)(2)(iv)];
    Subsections (1.)-(9.) of Chapter 12, Section 1(a)(vii)(A)(I); VER 
submission requirements and procedures; [30 CFR 761.16(b)(1)(i)-(ix)];
    Chapter 12, Section 1(a)(vii)(A)(II)(1.)-(3.) and (III); VER 
submission requirements and procedures; [30 CFR 761.16(b)(2)(i)-(iii) 
and (3)];
    Subsections (1.)-(3.) of Chapter 12, Section 1(a)(vii)(A)(IV); VER 
submission requirements and procedures; [30 CFR 761.16(b)(4)(i)-(iii)];
    Chapter 12, Section 1(a)(vii)(B)(II) and (III); Initial review of 
VER request; [30 CFR 761.16(c)(2) and (3)];
    Chapter 12, Section 1(a)(vii)(C)(I)(1.) and (2.); VER notice and 
comment requirements and procedures; [30 CFR 761.16(d)(1)(i) and (ii)];
    Subsections e.-h. of Chapter 12, Section 1(a)(vii)(C)(I)(3.); VER 
notice and comment requirements and procedures; [30 CFR 
761.16(d)(1)(v)-(viii)];
    Chapter 12, Section 1(a)(vii)(C)(II)(1.); VER notice and comment 
requirements and procedures; [30 CFR 761.16(d)(2)(i)];
    Chapter 12, Section 1(a)(vii)(D)(II); How a VER decision will be 
made; [30 CFR 761.16(e)(2)];
    Chapter 12, Section 1(a)(vii)(D)(IV) and (V)(1.) and (2.); How a 
VER decision will be made; [30 CFR 761.16(e)(4) and (5)(i) and (ii)];
    Chapter 12, Section 1(a)(vii)(G)(I)(1.), (2.), and (3.), (II), and 
(III)(1.); Procedures for joint approval of surface coal mining 
operations that will adversely affect publicly owned parks or historic 
places; [30 CFR 761.17(d)(1)(i), (ii), and (iii), (2), and (3)(i)];
    Chapter 16, Section 4(a)(i) and (ii)(A) and (B); definitions of 
``Knowingly'' and ``Violation, failure or refusal;'' [30 CFR 701.5];
    Chapter 16, Section 4(b)(ii); when an individual penalty may be 
assessed; [30 CFR 846.12(b)];
    Chapter 16, Section 4(c)(i)(B)-(C); Amount of civil penalty; [30 
CFR 846.14(a)(2)-(3)];
    Chapter 16, Section 4(d)(i), (ii)(B), and (iii); Procedure for 
assessment of individual civil penalty; [30 CFR 846.17(a), (b)(2), and 
(c)]; and
    Chapter 16, Section 4(e)(i)-(iii); Payment of penalty; [30 CFR 
846.18(a)-(c)].
2. Chapter 1, Section 2(fl)(i) and (iv)(B); Definition of ``Valid 
Existing Rights''
    In response to Items B-2 and B-5 of OSMRE's April 2, 2001, 732 
letter, Wyoming proposes to delete the takings

[[Page 10514]]

standard from its definition of VER at Chapter 1, Section 2(fl)(i) and 
its concept of continually created VER at Section (iv)(B). Wyoming 
explains in its Statement of Principle Reasons for Adoption (SOPR) that 
the Federal VER rules as published in 1999 (64 FR 70766) removed ``the 
1983 takings standard for VER'' and reinstated a revised version of the 
1980 good faith/all permits standard. The preamble to the 1999 VER 
rules indicated that the taking standard is less protective for areas 
under 30 CFR 761.11 than the good faith/all permits standard. The 732 
letter notified Wyoming that because its ``definition at (i) and 
(iv)(B) bases VER (except for roads) on a takings standard'' the rules 
were less effective than the Federal definition. For these reasons, 
Wyoming now proposes to delete the aforementioned takings standards and 
include a good faith/all permits standard in its definition of VER to 
be consistent with the Federal definition at 30 CFR 761.5. We agree 
with the rationale for Wyoming's proposed deletions and we approve 
them.
3. Chapter 1, Section 2(fl)(iv)(A); VER Exception for Existing 
Operations
    In response to Item D of OSMRE's April 2, 2001, 732 letter, Wyoming 
proposes to revise its rules at Chapter 1, Section 2(fl)(iv) by both 
identifying which operations qualify for the exception for existing 
operations and specifying that a person claiming VER must demonstrate 
the required elements as of the date that the land came under the 
protection of 522(e) of P.L. 95-87 or 30 CFR 761.11 rather than August 
3, 1977 (the date of SMCRA's enactment). The 732 letter stated that 
Wyoming's definition of VER at former Chapter 1, Sec. 2(df)(iv)(A) 
incorporates the exception for existing operations as though it is 
stated as a type of VER rather than an exemption from VER. As a result, 
Wyoming is deleting former subsection (A) and explains in its SOPR that 
the VER definition was revised to be consistent with the Federal 
regulation at 30 CFR 761.12. Wyoming's proposed revision makes its 
rules substantively identical to and no less effective than the Federal 
regulations at 30 CFR 761.12(a) and we approve it.
4. Chapter 12, Section 1(a)(v)(B); Procedures for Compatibility 
Findings
    In response to Items E-1 and G-3 of OSMRE's April 2, 2001, 732 
letter, Wyoming proposes to revise its rules at Chapter 12, Section 
1(a)(v)(B) by adding a cross-reference to the Federal requirements at 
30 CFR 761.13 regarding procedures for compatibility findings for 
surface coal mining operations on Federal lands in national forests. 
The Federal rule clarifies that an applicant may request these findings 
in advance of preparing and submitting a permit application. The 732 
letter indicated that although Wyoming's program incorporates the 
compatibility test for national forest lands as required by 30 CFR 
761.11(b), it did not include the specific procedures of 30 CFR 761.13. 
Wyoming explains in its SOPR that subsection (B) was revised to include 
the necessary reference to the applicable Federal procedures for 
compatibility findings in order to correct the aforementioned 732 
deficiencies. Wyoming's proposed revision and incorporation by 
reference makes its rules no less effective than the Federal 
regulations at 30 CFR 761.13 and we approve it.
5. Chapter 12, Section 1(a)(vi); Basic Framework for VER Determinations
    In response to OSMRE's April 2, 2001, 732 letter, Wyoming proposes 
to revise its rules at Chapter 12, Section 1(a)(vi) to be consistent 
with the table in the Federal regulations at 30 CFR 761.16(a) by adding 
a basic framework for making valid existing rights determinations. Item 
A-1 of the 732 letter addressed the Cooperative Agreement at 30 CFR 
950.20 and required Wyoming to clarify the responsibilities for making 
VER determinations on Federal lands within areas protected under 30 CFR 
761.11(a) and (b), and the definition to use in making those 
determinations. Item G stated that the Wyoming program lacked the 
provisions of new 761.16(a) that defines which agency is responsible 
for the VER determination and which definition (State or Federal) 
applies. Proposed subsection (vi) adds those elements by specifying 
that OSMRE shall be the responsible agency for making VER 
determinations for Federal lands described in proposed subsections 
(v)(A) and (B) which are the counterparts to 30 CFR 761.11(a) and (b). 
Proposed subsection (vi) also identifies that Wyoming (the Division) is 
the responsible agency for making VER determinations for non-Federal 
lands described in subsection (v)(A) and shall make evaluations using 
the Federal VER definition. Wyoming's proposed rule at Chapter 12, 
Section 1(a)(vi) satisfies the 732 deficiencies and is no less 
effective than the counterpart Federal requirements at 30 CFR 
761.16(a). Accordingly we approve it.

C. Revisions to Wyoming's Rules That Are Not the Same as the 
Corresponding Provisions of the Federal Regulations

1. Chapter 1, Section 2(fl); Definition of ``Valid existing rights''
    In response to Item B-1 of OSMRE's April 2, 2001, 732 letter, 
Wyoming proposed to revise its definition of VER at Chapter 1, Section 
2(fl) by adding an explanation of the operation of VER and noting that 
operations on prohibited or limited areas under VER are still subject 
to the remainder of SMCRA regulations. In its SOPR, Wyoming stated that 
the revisions are meant to be consistent with the required elements of 
OSMRE's basic conceptual definition for VER in 30 CFR 761.5.
    OSMRE replied in a letter dated August 17, 2011, that Wyoming's 
definition does not include Federal counterpart language stating that 
``Possession of valid existing rights only confers an exception from 
the prohibitions of Sec.  761.11 and 30 U.S.C. 1272(e).'' We stated 
that Wyoming's failure to include this language in its VER definition 
clarifying and further explaining the operation of VER renders its 
program less effective than the Federal regulations. Consequently, we 
required Wyoming to add the ``exception'' language to its proposed 
definition of VER.
    Wyoming responded in a letter dated October 5, 2011, and stated 
that it will add the required ``exception'' language to its VER 
definition in a future rule package.
    Based on the discussion above, we are not approving Wyoming's 
revised VER definition at Chapter 1, Section 2(fl). We also acknowledge 
Wyoming's commitment to add the required ``exception'' language to its 
VER definition in a future rulemaking.
    2. Chapter 1, Section 2(fl)(ii)(B)(IV); Definition of ``Needed for 
and adjacent standard''
    In response to Item B-5 of OSMRE's April 2, 2001, 732 letter, 
Wyoming proposed a new ``Needed for and adjacent standard'' definition 
at Chapter 1, Section 2(fl)(ii)(B)(IV) and includes a requirement that, 
when evaluating if a person meets that standard, the agency making the 
decision may consider ``Whether the land lies within the area 
identified on the life-of-mine map submitted before the land came under 
the protection of 30 CFR Sec.  761.11 (2009).''
    OSMRE replied in a letter dated August 17, 2011, that the Federal 
counterpart provision at 30 CFR 761.5(b)(2) includes specific citation 
cross-references requiring the submission of a life-of-mine map as part

[[Page 10515]]

of a permit application. Therefore, in order to provide specificity and 
maintain clarity in its VER rules, we required Wyoming to revise the 
proposed rule language to specify the applicable counterpart permit 
application reference for requiring the submission of life-of-mine 
maps.
    Wyoming responded in a letter dated October 5, 2011, and stated 
that it will add the required cross-references in a future rule 
package.
    Consequently, we are not approving Wyoming's newly-proposed 
``Needed for and adjacent standard'' definition at Chapter 1, Section 
2(fl)(ii)(B)(IV). We also acknowledge Wyoming's commitment to add the 
required citation cross-references in a future rulemaking.
3. Chapter 1, Section 2(fl)(iii); VER Standards for Roads
    In response to Item B-5 of OSMRE's April 2, 2001, 732 letter, 
Wyoming proposed a new rule at Chapter 1, Section 2(fl)(iii) that 
applies the VER standard to all roads included within a surface mining 
operation.
    OSMRE replied in a letter dated August 17, 2011, that the Federal 
counterpart provision at 30 CFR 761.5(c), as well as the remainder of 
Wyoming's rules refer to ``surface coal mining operations.'' Thus, in 
order to maintain consistency with the terminology used in its VER 
rules, we required Wyoming to revise the proposed rule language to 
include the term ``coal.''
    Wyoming responded in a letter dated October 5, 2011, and stated 
that it will add the term ``coal'' in a future rule package.
    Based on the discussion above, we are not approving Wyoming's 
proposed rule change at Chapter 1, Section 2(fl)(iii) that applies its 
VER standard to all roads included within a surface mining operation. 
We also acknowledge Wyoming's commitment to revise the proposed rule 
language and add the term ``coal'' in a future rulemaking.
4. Chapter 12, Section 1(a)(v)(D); Procedures for Public Road Waivers
    In response to Item F-1 of OSMRE's April 2, 2001, 732 letter, 
Wyoming proposed to revise its rule regarding procedures for public 
road waivers at Chapter 12, Section 1(a)(v)(D) to be consistent with 
the Federal counterpart regulations at 30 CFR 761.14 by adding 
requirements for time limits and written findings.
    OSMRE replied in a letter dated August 17, 2011, that Wyoming's 
proposed language warrants additional grammatical revisions for 
purposes of clarity and consistency within its rules. Specifically, we 
stated that Wyoming needs to revise the phrase ``shall follow notice 
and opportunity to for public hearing'' to read ``shall provide a 
public comment period and an opportunity to request a public hearing.'' 
We further noted that Wyoming needs to replace the word ``authority'' 
with ``Administrator'' to clarify that they are responsible for making 
written findings following a hearing or end of the public comment 
period.
    Wyoming responded in a letter dated October 5, 2011, and stated 
that it will make the requested revisions in a future rule package.
    As a result, we are not approving Wyoming's proposed rule change at 
Chapter 12, Section 1(a)(v)(D) regarding procedures for public road 
waivers. We also acknowledge Wyoming's commitment to revise the 
proposed rule and include the aforementioned grammatical revisions in a 
future rulemaking.
5. Chapter 12, Section 1(a)(vii)(A)(I); VER Submission Requirements and 
Procedures
    In response to Item G-1 of OSMRE's April 2, 2001, 732 letter, 
Wyoming proposed to add VER submission requirements and procedure rules 
to be consistent with the Federal counterpart regulations at 30 CFR 
761.16(b).
    OSMRE replied in a letter dated August 17, 2011, that Wyoming's 
proposed language at Chapter 12, Section 1(a)(vii)(A) does not include 
Federal counterpart language explaining that a VER determination 
request shall be submitted if an individual ``intends to conduct 
surface coal mining operations on the basis of valid existing rights 
under Sec.  761.11 or wish to confirm the right to do so.'' Wyoming's 
failure to include this additional explanatory language in the proposed 
rule renders its program less effective than the Federal regulations. 
Similarly, for purposes of clarity and consistency within its rules and 
to be consistent with the Federal requirements at 30 CFR 761.16(b)(1) 
we required Wyoming to revise the proposed rule language in subsection 
(I) by adding citation cross-references to property rights 
demonstrations under paragraph (i) of its VER definition in Chapter 1 
for requests that rely on the good faith/all permits standard or the 
needed for and adjacent standard in paragraph (ii) of its VER 
definition in Chapter 1.
    Wyoming responded in a letter dated October 5, 2011, and stated 
that it will add the required cross-references and clarify that a 
request can be submitted if the individual intends to conduct surface 
coal mining operations on the basis of valid existing rights or wishes 
to confirm the right to do so in a future rule package.
    Based on the discussion above, we are not approving Wyoming's 
proposed rule change at Chapter 12, Section 1(a)(vii)(A)(I) concerning 
VER determination requests. We also acknowledge Wyoming's commitment to 
revise the proposed rule to include the aforementioned citation cross-
references and VER submission requirement language in a future 
rulemaking.
6. Chapter 12, Section 1(a)(vii)(A)(IV); VER Submission Requirements 
and Procedures
    In response to Item G-1 of OSMRE's April 2, 2001, 732 letter, 
Wyoming proposed to add VER submission requirements and procedure rules 
at Chapter 12, Section 1(a)(vii)(A)(IV).
    OSMRE replied in a letter dated August 17, 2011, that in order to 
be consistent with its own rules and the Federal counterpart 
requirements at 30 CFR 761.16(b) (4) Wyoming must revise the proposed 
rule language in subsection (IV) by adding a citation cross-reference 
to paragraphs (iii)(A) through (iii)(C) of its VER definition in 
Chapter 1 regarding the standards for roads.
    Wyoming responded in a letter dated October 5, 2011, and stated 
that it will revise subsection (IV) to include the aforementioned 
required citation cross-references in a future rule package.
    Therefore, we are not approving Wyoming's proposed rule change at 
Chapter 12, Section 1(a)(vii)(A)(IV) concerning VER submission 
requirements and requests that rely on one of the standards for roads. 
We also acknowledge Wyoming's commitment to include the required 
citation cross-references in a future rulemaking effort.
7. Chapter 12, Section 1(a)(vii)(B)(I); Initial Review of VER Request
    In response to Item G-1 of OSMRE's April 2, 2001, 732 letter, 
Wyoming proposed a new rule at Chapter 12, Section 1(a)(vii)(B)(I) 
requiring that responsible agencies conduct an initial review of a VER 
request and determine whether it includes all applicable submission 
components as discussed in subsection (A). The proposed rule also 
states that the review only examines completeness of the request.
    OSMRE replied in a letter dated August 17, 2011, that in order to 
be consistent with the Federal regulations at 30 CFR 761.16(c)(1) 
Wyoming must include Federal counterpart language in subsection (I) to 
further explain that the review does not pertain to the ``legal or

[[Page 10516]]

technical adequacy of the materials submitted.'' Wyoming's failure to 
include this qualifying explanatory language in the proposed rule 
renders its program less effective than the Federal regulations.
    Wyoming responded in a letter dated October 5, 2011, and stated 
that it will revise its rules to indicate that the review does not 
address legal or technical adequacy in a future rule package.
    Based on the discussion above, we are not approving Wyoming's 
proposed rule change at Chapter 12, Section 1(a)(vii)(B)(I) concerning 
initial review of a VER request. We also acknowledge Wyoming's 
commitment to revise the proposed rule and include the aforementioned 
qualifying explanatory language in a future rulemaking.
8. Chapter 12, Section 1(a)(vii)(B)(IV); Initial Review of VER Request
    In response to Item G-1 of OSMRE's April 2, 2001, 732 letter, 
Wyoming proposed to add requirements to its rules at Chapter 12, 
Section 1(a)(vii)(B)(IV) for conducting an initial review of all 
applicable submission components for making VER determinations.
    OSMRE replied in a letter dated August 17, 2011, that for purposes 
of clarity in its own rules and to be consistent with the Federal 
requirements at 30 CFR 761.16(c)(4) Wyoming must revise the proposed 
rule language in subsection (IV) regarding the VER demonstration by 
adding a citation cross-reference to subsection (D)(IV) that discusses 
how a VER decision will be made.
    Wyoming responded in a letter dated October 5, 2011, and stated 
that it will revise its rules with the appropriate citation cross-
reference discussed above in a future rule package.
    Accordingly, we are not approving Wyoming's proposed rule change at 
Chapter 12, Section 1(a)(vii)(B)(IV) concerning an initial review of 
all applicable submission components for making VER determinations. We 
also acknowledge Wyoming's commitment to include the required citation 
cross-reference in a future rulemaking.
9. Chapter 12, Section 1(a)(vii)(C)(I)(3.); VER Notice and Comment 
Requirements
    In response to Item G-2 of OSMRE's April 2, 2001, 732 letter, 
Wyoming proposed to add VER public notice and comment requirements and 
procedures to its rules at Chapter 12, Section 1(a)(vii)(C)(I)(3.).
    OSMRE replied in a letter dated August 17, 2011, that in order to 
be consistent with its own rules and the Federal requirements at 30 CFR 
761.16(d)(1)(iii) Wyoming must revise the proposed rule language in 
subsection (3.) by adding a citation cross-reference to include ``the 
applicable standards under Chapter 1, VER definition.'' For the same 
reasons, Wyoming must revise the language in subsection (a.) to include 
a cross-reference to paragraph (ii) of its VER definition in Chapter 1 
regarding the good faith/all permits standard or the needed for and 
adjacent standard, and change the citation cross-references in 
subsections (b.) and (c.) from (IV)(1.) and (IV)(2.) to (A)(IV)(1.) and 
(A)(IV)(2.), respectively. Wyoming also needs to correct a 
typographical error for grammatical correctness in subsection (c.) by 
changing the word ``creation'' to ``creating.'' Lastly, in order to 
maintain consistency within its own rules and the Federal requirements 
at 30 CFR 761.16(d)(1)(iv) we required Wyoming to revise the proposed 
rule language in subsection (d.) by adding a citation cross-reference 
to the standards in paragraphs (ii), (iii)(A), and (iii)(B) of its VER 
definition in Chapter 1.
    Wyoming responded in a letter dated October 5, 2011, and stated 
that it will revise its proposed rule language to include the citation 
cross-references discussed above and correct the typographical error in 
a future rule package.
    Based on the discussion above, we are not approving Wyoming's 
proposed rules concerning VER public notice and comment requirements 
and procedures at Chapter 12, Section 1(a)(vii)(C)(I)(3.). We also 
acknowledge Wyoming's commitment to include the required citation 
cross-references and correct a typographical error in a future 
rulemaking.
10. Chapter 12, Section 1(a)(vii)(C)(II)(2.); VER Notice and Comment 
Requirements
    In response to Item G-2 of OSMRE's April 2, 2001, 732 letter, 
Wyoming proposed to revise its rules at Chapter 12, Section 
1(a)(vii)(C)(II)(2.) by requiring that the Division provide a copy of 
the notice of an administratively complete VER request to the owner of 
the feature causing the land to come under VER protection and, where 
applicable, the agency with primary jurisdiction over the feature.
    OSMRE replied in a letter dated August 17, 2011, that Wyoming does 
not include Federal counterpart language providing specific examples of 
such required notifications. Wyoming's failure to include this 
additional explanatory language in its proposed rule renders its 
program less effective than the Federal regulations at 30 CFR 
761.16(d)(2)(ii). In addition, we noted that Wyoming needs to correct a 
typographical error for grammatical correctness by changing the phrase 
``where applicable'' to ``when applicable.''
    Wyoming responded in a letter dated October 5, 2011, and stated 
that it will amend its rules by providing specific examples of 
administratively complete VER request notifications and correct the 
aforementioned typographical error in a future rule package.
    Based on the discussion above, we are not approving Wyoming's 
proposed rule change at Chapter 12, Section 1(a)(vii)(C)(II)(2.) 
concerning VER public notice and comment requirements and procedures. 
We also acknowledge Wyoming's commitment to revise its proposed rule by 
adding explanatory language and correcting a typographical error in a 
future rulemaking effort.
11. Chapter 12, Section 1(a)(vii)(C)(III); VER Notice and Comment 
Requirements
    In response to Item G-2 of OSMRE's April 2, 2001, 732 letter, 
Wyoming proposed to revise its rules at Chapter 12, Section 
1(a)(vii)(C)(III) by requiring that the letter transmitting notice of 
an administratively complete VER request also provide a 30-day comment 
period and specify that another 30 days is available upon request.
    OSMRE replied in a letter dated August 17, 2011, that Wyoming does 
not include Federal counterpart language providing the Division with 
discretion to grant additional time to comment for good cause upon 
request, and fails to explain that the Division need not necessarily 
consider comments received after the closing date of the comment 
period. We further explained that this provision is not to be 
interpreted as providing Wyoming with discretion to adopt the 
counterpart language. Rather, it is intended to afford Wyoming with the 
option to both extend the comment period for good cause requested and 
reject comments received after the comment period closes. Thus, 
Wyoming's failure to include this language in its proposed rule renders 
its program less effective than the Federal regulations at 30 CFR 
761.16(d)(3).
    Wyoming responded in a letter dated October 5, 2011, and stated 
that it will add the Federal counterpart language mentioned above in a 
future rule package.
    Consequently, we do not approve Wyoming's proposed rule change at 
Chapter 12, Section 1(a)(vii)(C)(III) concerning VER public notice and 
comment requirements and procedures. We also acknowledge Wyoming's

[[Page 10517]]

commitment to revise its proposed rule by including Federal counterpart 
language affording Wyoming the option to both extend the comment period 
for good cause requested and reject comments received after the comment 
period closes in a future rulemaking.
12. Chapter 12, Section 1(a)(vii)(D)(I); How a VER Decision Will Be 
Made
    In response to Item G-1 of OSMRE's April 2, 2001, 732 letter, 
Wyoming proposed to revise its rules at Chapter 12, Section 
1(a)(vii)(D)(I) by requiring that the Division review materials and 
comments submitted for adequacy before making a VER determination.
    OSMRE replied in a letter dated August 17, 2011, that in order to 
maintain consistency within its own rules and the Federal requirements 
at 30 CFR 761.16(e)(1) Wyoming must revise the proposed rule language 
in subsection (I) by adding citation cross-references to include 
``materials submitted under subsection (A)'' and ``comments received 
under subsection (C).''
    Wyoming responded in a letter dated October 5, 2011, and stated 
that it will add the aforementioned required cross-references in a 
future rule package.
    Based on the discussion above, we are not approving Wyoming's 
proposed rule change at Chapter 12, Section 1(a)(vii)(D)(I) concerning 
the review of materials and comments submitted for adequacy before 
making a VER determination. We also acknowledge Wyoming's commitment to 
include the required citation cross-references in a future rulemaking.
13. Chapter 12, Section 1(a)(vii)(D)(III); How a VER Decision Will Be 
Made
    In response to Item G-1 of OSMRE's April 2, 2001, 732 letter, 
Wyoming proposed to revise its rules at Chapter 12, Section 
1(a)(vii)(D)(III) regarding impacts of property rights disagreements on 
VER determinations.
    OSMRE replied in a letter dated August 17, 2011, that in order to 
maintain consistency within its own rules and the Federal requirements 
at 30 CFR 761.16(e)(3)(i) Wyoming must revise the proposed rule 
language in subsection (1.) by adding citation cross-references to 
include ``the closing date of the comment periods discussed under 
subsections (C)(I) or (C)(III) above.'' Similarly, to be consistent 
with 30 CFR 761.16(e)(3)(ii) Wyoming must revise subsection (2.) by 
adding citation cross-references to the requisite property rights 
demonstrations under paragraphs ``(i), (iii)(A), or (iii)(B)'' of its 
VER definition in Chapter 1, as appropriate. We also stated that 
Wyoming needs to specify that the Division is the ``responsible 
agency'' and correct a typographical error in the cross-reference from 
subsection (C)(II) to (D)(II). Lastly, for purposes of clarity and 
specificity, we required Wyoming to ensure that the ``responsible 
agency'' reference is similarly revised, if applicable, when it appears 
elsewhere in the proposed rules.
    Wyoming responded in a letter dated October 5, 2011, by stating 
that it will revise its rule to provide the appropriate citation cross-
references and clarify that the Land Quality Division is the 
``responsible agency'' in a future rule package.
    Accordingly, we are not approving Wyoming's proposed rule change at 
Chapter 12, Section 1(a)(vii)(D)(III) concerning the impacts of 
property rights disagreements on VER determinations. We also 
acknowledge Wyoming's commitment to revise it rule and incorporate the 
required changes discussed above in a future rulemaking.
14. Chapter 12, Section 1(a)(vii)(E); Administrative and Judicial 
Review
    In response to Item G-1 of OSMRE's April 2, 2001, 732 letter, 
Wyoming proposed to add requirements to its rules at Chapter 12, 
Section 1(a)(vii)(E) providing for administrative and judicial review 
of VER determinations.
    OSMRE replied in a letter dated August 17, 2011, that in order to 
provide clarity and specificity within its own rules and be consistent 
with the Federal requirements at 30 CFR 761.16(f) Wyoming must revise 
the proposed rule language by adding a reference to the Wyoming 
Administrative Procedures Act. Wyoming's failure to include this 
reference in the proposed rule renders its program less effective than 
the Federal regulations.
    Wyoming responded in a letter dated October 5, 2011, and stated 
that it will revise it rules to include a reference to the Wyoming 
Administrative Procedures Act in a future rule package.
    Based on the discussion above, we are not approving Wyoming's 
proposed rule change at Chapter 12, Section 1(a)(vii)(E) providing for 
administrative and judicial review of VER determinations. We also 
acknowledge Wyoming's commitment to include a reference to the Wyoming 
Administrative Procedures Act in a future rulemaking.
15. Chapter 12, Section 1(a)(vii)(F); Availability of Records
    In response to Item G-4 of OSMRE's April 2, 2001, 732 letter, 
Wyoming proposed to revise its rules at Chapter 12, Section 
1(a)(vii)(F) by requiring that the Division or agency responsible for 
processing a VER request shall make a copy of the request and related 
materials available to the public.
    OSMRE replied in a letter dated August 17, 2011, that in order to 
maintain consistency within its rules, Wyoming needs to specify in the 
heading that the rule pertains to ``Availability of Records.'' 
Moreover, Wyoming must add language explaining that, in addition to the 
VER request and related materials, records associated with any 
subsequent determination under subsection (D) shall also be made 
available to the public. Wyoming's failure to include this 
corresponding language in its proposed rule renders its program less 
effective than the Federal regulations at 30 CFR 761.16(g).
    Wyoming responded in a letter dated October 5, 2011, by stating 
that it will revise its rules to include the section header 
``Availability of Records'' and additional language regarding other 
materials which may be made available to the public.
    Accordingly, we are not approving Wyoming's proposed rule change at 
Chapter 12, Section 1(a)(vii)(F) concerning requirements for making VER 
requests and related materials available to the public. We also 
acknowledge Wyoming's commitment to revise the rule to address the 
required changes discussed above in a future rulemaking effort.
16. Chapter 12, Section 1(a)(vii)(G)(III)(2.); Procedures for Joint 
Approval of Surface Coal Mining Operations That Will Adversely Affect 
Publicly Owned Parks or Historic Places
    In response to Item H-1 of OSMRE's April 2, 2001, 732 letter and to 
be no less effective than the Federal requirements at 30 CFR 761.17, 
Wyoming proposed new rules at Chapter 12, Section 1(a)(vii)(G) 
regarding procedures for joint approval of surface coal mining 
operations that will adversely affect publicly owned parks or historic 
places. Wyoming also proposed to clarify in subsection (III)(2.) that 
these procedures do not apply to lands within the scope of the 
exception for existing operations or to lands for which a person has 
VER.
    OSMRE replied in a letter dated August 17, 2011, that in order to 
maintain consistency within its rules, Wyoming needs to revise the 
proposed rule language in subsection (2.) by adding a citation cross-
reference to subsection (iv) to specify where the ``exception for 
existing operations'' is located in its Chapter 1, ``valid existing 
rights'' definition.

[[Page 10518]]

    Wyoming responded in a letter dated October 5, 2011, and stated 
that it will amend its rules to include the required cross-reference in 
a future rule package.
    Based on the discussion above, we are not approving Wyoming's 
proposed rule change at Chapter 12, Section 1(a)(vii)(G) concerning 
procedures for joint approval of surface coal mining operations that 
will adversely affect publicly owned parks or historic places. We also 
acknowledge Wyoming's commitment to add the aforementioned required 
citation cross-references in a future rulemaking effort.
17. Chapter 16, Section 4(a)(iii); Definition of ``Willfully''
    In response to a November 7, 1988, 732 letter, Wyoming proposed to 
add a new definition of ``willfully'' to its rules at Chapter 16, 
Section 4(a)(iii) to be no less effective than those of the Federal 
rules.
    OSMRE replied in a letter dated August 17, 2011, and notified 
Wyoming that OSMRE revised this definition and moved it from 30 CFR 
846.5 to 701.5 in a December 19, 2000, final rule Federal Register (65 
FR 79656) notice. Specifically, OSMRE replaced the definition of 
``willful'' with a similarly worded definition of ``willful or 
willfully'' to mean ``that a person who authorized, ordered or carried 
out an act or omission that resulted in either a violation or the 
failure to abate or correct a violation acted: (1) Intentionally, 
voluntarily, or consciously; and (2) with intentional disregard or 
plain indifference to legal requirements.'' OSMRE revised the text of 
the definition for clarity and consistency with the term's broader 
applicability. In addition, OSMRE replaced the word ``individual'' with 
``person'' because the Act and Federal regulations define person in a 
manner that includes both individuals and business entities, as is 
appropriate in the context in which the Act and regulations employ this 
term.
    Wyoming's proposed definition of ``willfully'' at Chapter 16, 
Section 4(a)(iii) means ``that an individual acted: (A) Intentionally, 
voluntarily, or consciously; and (B) with intentional disregard or 
plain indifference to legal requirements.'' While subsections (A) and 
(B) are identical to the Federal counterpart provisions, subsection 
(iii) does not include the revised Federal language defining 
``willful'' to mean ``a person who authorized, ordered or carried out 
an act or omission that resulted in either a violation or the failure 
to abate or correct a violation.'' Similar to Section 701(19) of SMCRA, 
Wyoming Statute W.S. 35-11-103(a)(vi) also defines the word ``person'' 
in a manner that includes both individuals and business entities. 
Lastly, it should be noted that the language in Wyoming's proposed 
definition of ``knowingly'' at Chapter 16, Section 4(a)(i) is identical 
to the revised Federal definition language at 30 CFR 701.5. Thus, in 
order to maintain consistency with the terminology used in its proposed 
rules and be no less effective than the corresponding Federal 
regulations at 30 CFR 701.5, we required Wyoming to amend its proposed 
definition of ``willfully'' to include the revised language discussed 
above.
    Wyoming responded in a letter dated October 5, 2011, by stating 
that it will revise it rules to include the additional language 
described above in a future rule package.
    Based on the discussion above, we are not approving Wyoming's 
newly-proposed definition of ``willfully'' to its rules at Chapter 16, 
Section 4(a)(iii). We also acknowledge Wyoming's commitment to revise 
the rule and add the required language discussed above in a future 
rulemaking effort.
18. Chapter 16, Section 4(b)(i); When an Individual Civil Penalty May 
Be Assessed
    Wyoming proposes new rules at Chapter 16, Section 4(b) for 
determining when an individual civil penalty may be assessed. In 
subsection (i), Wyoming references its statutes at W.S. 35-11-902(b), 
``Surface coal mining operations; violations of provisions; penalties'' 
in lieu of adopting Federal counterpart language at 30 CFR 846.12(a). 
In its Statement of Principal Reasons, Wyoming indicates that the 
statutory reference was in response to concerns expressed by the 
Wyoming Attorney General who stated in a review letter dated February 
20, 2001, that most of the rules proposed by Chapter 16, Section 4, are 
already covered in W.S. 35-11-902.
    In a November 7, 1988, 732 letter, OSMRE required Wyoming to adopt 
definitions of ``knowingly,'' ``willfully,'' and ``violation, failure 
or refusal'' to be no less effective than those of the Federal rules. 
Wyoming's proposed definition of ``violation, failure or refusal'' at 
Chapter 16, Section 4(a)(ii) is consistent with and no less effective 
than the Federal definition at 30 CFR 701.5. The referenced statutory 
language at W.S. 35-11-902(b) states, in pertinent part, that ``Any 
person who violates, or any director, officer or agent of a corporate 
permittee who willfully and knowingly authorizes, orders or carries out 
the violation'' is subject to an individual civil penalty. However, 
unlike the Federal regulation at 30 CFR 846.12(a) the statute does not 
specify that such penalties may also be assessed for ``failure or 
refusal'' to comply. Thus, in order to be consistent with its proposed 
definition of ``violation, failure or refusal'' and no less effective 
than the corresponding Federal requirements at 30 CFR 846.12(a) Wyoming 
must either clarify how its reference to W.S. 35-11-902(b) addresses a 
``failure or refusal'' to comply, or revise the language in proposed 
Chapter 16, Section 4(b)(i) by stating that that the Director may 
assess an individual civil penalty against any corporate director, 
officer or agent of a corporate permittee who knowingly and willfully 
authorized, ordered or carried out a violation, failure or refusal.
    Wyoming responded in a letter dated October 5, 2011, by stating 
that it will amend its regulations to include the language discussed 
above provided it is determined that the Department of Environmental 
Quality has the authority to adopt that language in consideration of 
W.S. 35-11-902.
    Consequently, we do not approve Wyoming's newly-proposed rules at 
Chapter 16, Section 4(b)(i) for determining when an individual civil 
penalty may be assessed. We also acknowledge Wyoming's commitment to 
revise the proposed rule and add the language discussed above in a 
future rulemaking effort if authorized to do so, or clarify how its 
reference to W.S. 35-11-902(b) addresses a ``failure or refusal'' to 
comply.
19. Chapter 16, Section 4(c)(i); Amount of Civil Penalty
    In a November 7, 1988, 732 letter, OSMRE notified Wyoming that its 
rules concerning individual civil penalties were deficient. In 
response, Wyoming proposes new rules at Chapter 16, Section 4(c)(i) 
imposing criteria that shall be considered when determining the amount 
of the individual civil penalty to be assessed. Proposed subsection (A) 
requires the Director to consider the ``individual's history of 
authorizing, ordering or carrying out previous violations, failures or 
refusals at the particular surface mining operation.''
    However, the Federal counterpart provision at 30 CFR 846.14(a)(1), 
as well as the remainder of Wyoming's rules refer to ``surface coal 
mining operations.'' Thus, in order to maintain consistency with the 
terminology used in those rules, Wyoming must revise its proposed rule 
language to include the term ``coal.'' Based on the discussion above, 
we are not approving Wyoming's

[[Page 10519]]

newly proposed rule at Chapter 16, Section 4(c)(i)(A).
20. Chapter 16, Section 4(c)(ii); Amount of Civil Penalty
    In a November 7, 1988, 732 letter, OSMRE notified Wyoming that its 
rules concerning individual civil penalties were deficient. In 
response, Wyoming proposes a new rule at Chapter 16, Section 4(c)(ii) 
prescribing individual civil penalty amounts that cannot be exceeded 
for each day during which a violation, failure or refusal continues, 
including those for multiple violations. Specifically, Wyoming 
incorporates a reference to its statute at W.S. 35-11-902(b), ``Surface 
coal mining operations; violations of provisions; penalties'' which 
states, in pertinent part, that violators are ``subject to either a 
penalty not to exceed ten thousand dollars ($10,000.00) for each day 
during which a violation continues, or, for multiple violations, a 
penalty not to exceed five thousand dollars ($5,000.00) for each 
violation for each day during which a violation continues * * *.'' In 
its SOPR, Wyoming indicates that the statutory reference was made in 
response to concerns expressed by the Wyoming Attorney General who 
stated in a review letter dated February 20, 2001, that W.S. 35-11-
902(b) provides a more detailed penalty assessment for individual 
offenses and daily offenses than did Wyoming's originally proposed rule 
language that mirrored the Federal rule.
    The Federal counterpart language provides a maximum penalty amount 
for each violation and a separate individual penalty may be assessed 
for each day the violation, failure or refusal continues, but it does 
not specifically address multiple violations. Thus, Wyoming's reference 
to its statute at W.S. 35-11-902(b) adds specificity and does not 
render its proposed rule at Chapter 16, Section 4(c)(ii) less effective 
than the corresponding Federal requirements at 30 CFR 846.14(b). 
Accordingly, we approve it.
21. Chapter 16, Section 4(d)(ii)(A); Procedure for Assessment of 
Individual Civil Penalty
    In a November 7, 1988, 732 letter, OSMRE notified Wyoming that its 
rules concerning individual civil penalties were deficient. In 
response, Wyoming proposes a new rule at Chapter 16, Section 
4(d)(ii)(A) requiring an individual to file within 15 days of service 
of a notice of proposed individual civil penalty assessment a petition 
for review with the Environmental Quality Council. In its SOPR, Wyoming 
indicates that the 15-day petition for review timeframe was included in 
response to concerns expressed by the Wyoming Attorney General who 
stated in a review letter dated February 20, 2001, that the 30-day 
timeframe provided in Wyoming's originally proposed rule language that 
mirrored the Federal rule was less restrictive than W.S. 35-11-902(d) 
which specifically provides and allows for 15 days to request a 
conference.
    The Federal counterpart language requires an individual to file 
within 30 days of service of a notice of proposed individual civil 
penalty assessment a petition for review with the U.S. Department of 
the Interior's Office of Hearings and Appeals. Wyoming's 15-day 
timeframe to petition for review of a notice of proposed individual 
civil penalty assessment is both consistent with its statutory 
requirement at W.S. 35-11-902(d) and more stringent than the Federal 
30-day timeframe. As such, Wyoming's proposed rule at Chapter 16, 
Section 4(d)(ii)(A) is no less effective than the corresponding Federal 
requirements at 30 CFR 846.17(b) and we approve it.

D. Removal of Required Amendments

1. Required Amendment at 30 CFR 950.16(r), Disposal of Noncoal Wastes
    In an October 29, 1992 Federal Register (57 FR 48984) notice, we 
required Wyoming to either reinstate the removed cited reference 
``disposal of noncoal wastes shall be in accordance with the standards 
set out in Section 11, paragraph c., Solid Waste Management Rules and 
Regulations (1980)'' or otherwise amend its rules to be no less 
effective than the Federal regulations at 30 CFR 816.89 and 817.89. 
Wyoming had revised its existing rule at Chapter 2, Section 
3(a)(v)(A)(II) (now codified at Chapter 2, Section 2(a)(v)(A)(II)) by 
adding the modified definition of Solid Waste Management Facility 
contained in W.S. 35-11-103(d)(ii)(D) and by removing the requirement 
that noncoal wastes shall be disposed of in accordance with the Solid 
Waste Management Rules and Regulations. Additionally, the proposed rule 
would require facilities receiving solid waste that is generated 
outside the proposed permit area by any activity other than a mine-
mouth power plant or mine-mouth coal drier to follow the Solid Waste 
Management Rules of Article 5 of the Environmental Quality Act (EQA).
    The proposed rules were disapproved primarily because of the 
removal of specific performance standards for noncoal mine waste 
disposal as approved by the OSMRE in Wyoming's original program. 
Moreover, the proposed Statute change of Article 5 of the EQA did not 
contain Federal counterpart rules to the Federal requirements at 30 CFR 
816.89 and 817.89. Consequently, we determined that Wyoming's proposed 
rules regarding solid waste permitting and management for mines were 
less effective than the corresponding Federal regulations.
    Wyoming explains in its SOPR that in November of 1990, the Solid 
Waste Management Program revised its rules by removing Section 11, 
paragraph c. from the Solid Waste Rules and Regulations in response to 
the Wyoming Legislature eliminating duplication of jurisdiction for 
mine site solid waste disposal. The (now repealed) rules contained 
language which was very similar to the Federal Rules at 30 CFR 816.89, 
Disposal of noncoal mine wastes. OSMRE requested that the original 
reference to these rules be reinstated. However, Wyoming states that 
the rules are no longer a part of the current Solid and Hazardous Waste 
Management Division Rules and Regulations and cannot be referenced in 
the LQD Rules and Regulations.
    In response to the required program amendment at 30 CFR 950.16(r), 
Wyoming proposes to revise its rules at Chapter 2, Section 2(a)(v)(A) 
by referring to the ``Solid and Hazardous Waste Management Division.'' 
Wyoming also proposes to revise subsection (II) by adding a cross-
reference to its newly proposed rules at Chapter 4, Section 
2(c)(xiii)(C) that provide standards for noncoal waste disposal and are 
no less effective than Federal regulation requirements at 30 CFR 816.89 
and 817.89. Wyoming explains in its SOPR that the proposed rule 
language more appropriately explains which DEQ Division has authority 
over facilities other than those handling mine generated noncoal waste, 
and that the counterpart Federal rules now proposed for adoption in 
Chapter 4 also apply to such ``within permit'' disposal of off-site 
wastes.
    Wyoming's proposed revisions makes its rules at Chapter 2, Section 
2(a)(v)(A)(II) no less effective than the Federal regulations at 30 CFR 
816.89 and 817.89, and we are removing the required program amendment 
at 30 CFR 950.16(r).
2. Required Amendments at 30 CFR 950.16(s) and (t), Specific 
Performance Standards for Noncoal Waste Disposal
    In an October 29, 1992 Federal Register (57 FR 48984) notice, we 
required Wyoming to submit revisions to its rules at Chapter 2, Section 
3(b)(xxi) and (xxii) (now codified at Chapter 2, Section 5(a)(xx) and 
(xxi),

[[Page 10520]]

respectively) to provide and/or include specific performance standards 
for noncoal waste disposal that are no less effective than the Federal 
Regulations at 30 CFR 816.89 and 817.89.
    In response to required program amendments at 30 CFR 950.16(s) and 
(t), Wyoming proposes to revise its rules at Chapter 2, Section 
5(a)(xx) by requiring that each application for a surface coal mining 
permit contain a plan for the management and disposal of noncoal mine 
waste within the proposed permit area in accordance with its newly-
proposed rules at Chapter 4, Section 2(c)(xiii)(C) that provide 
standards for noncoal waste disposal and are no less effective than the 
Federal requirements at 30 CFR 816.89 and 817.89.
    Wyoming also proposes to remove its rule at Chapter 2, Section 
5(a)(xxi) regarding plans for the management and disposal within the 
permit area of any solid wastes generated by a mine mouth power plant 
or mine mouth coal drier. Wyoming states in its SOPR that the rule is 
being proposed for deletion because separate rules regarding solid 
wastes generated by a mine mouth power plant, coal drier or coal 
processing facility are no longer necessary. Wyoming further explains 
that these types of facilities are now addressed with the inclusion of 
language in proposed Chapter 2, Section 5(a) (xx) regarding solid 
wastes generated by a mine mouth power plant, coal drier or coal 
processing facility. Wyoming also notes that ``noncoal mine waste'' is 
interpreted by the LQD to exclude coal mine dust and coal fines which 
may be generated during the processing of coal. Specifically, coal dust 
and fines may be recovered and therefore are not considered waste.
    Based on the foregoing, Wyoming's proposed revisions to its rules 
at Chapter 2, Section 5(a)(xx) and (xxi) are no less effective than the 
Federal regulations at 30 CFR 780.11(b), 816.89 and 817.89, and we are 
removing the required program amendments at 30 CFR 950.16(s) and (t).
3. Required Amendment at 30 CFR 950.16(s) and (t), Specific Performance 
Standards for Noncoal Waste Disposal
    In an October 29, 1992 Federal Register (57 FR 48984) notice, we 
required Wyoming to submit revisions to its rules at Chapter 4, Section 
2(c)(v) and Section 3(c)(iii)(C) and (D) (now codified at Chapter 4, 
Section 2(c)(xiii)(C) and (D), respectively) to provide and/or include 
specific performance standards for noncoal waste disposal that are no 
less effective than the Federal Regulations at 30 CFR 816.89 and 
817.89.
    In response to the required program amendments at 30 CFR 950.16(s) 
and (t), Wyoming proposes new rules at Chapter 4, Section 
2(c)(xiii)(C)(I)-(III) that provide specific performance standards for 
temporary storage of noncoal mine wastes, final disposal of noncoal 
mine wastes, and restrictions as to where noncoal mine waste can be 
deposited. Wyoming also incorporates the requirements of former Section 
2(c)(v) into newly-proposed Chapter 4, Section 2(c)(xiii)(C)(I) and 
(II) under ``Disposal of noncoal mine wastes.'' Subsections (I) and 
(III) of Wyoming's proposed rules regarding temporary storage and 
deposition restrictions for noncoal mine wastes are substantively 
identical to and no less effective than the Federal counterpart 
requirements at 30 CFR 816.89 and 817.89(a) and (c), and we are 
approving them.
    Wyoming's proposed rule language in subsection (II) regarding final 
disposal of noncoal mine wastes requires that when the disposal is 
completed, a minimum of four feet of suitable cover material shall be 
placed over the site. The Federal counterpart language requires that a 
minimum of two feet of soil cover shall be placed over the site when 
the disposal is completed. In its SOPR, Wyoming explains that a burial 
depth of four feet above any noncoal mine waste disposal site is 
required to ensure that the disposed materials are never exposed at the 
final reclaimed surface. Wyoming acknowledges that this requirement is 
more stringent than the minimum of two feet of soil cover required by 
Federal Rules at 30 CFR 816.89(b). However, for the types of wastes 
that will be buried and the fact that some amount of erosion takes 
place on reclaimed land in the arid West, Wyoming believes that four 
feet of cover plus subsoil and topsoil, is necessary to prevent buried 
materials from making their way to the soil surface.
    Wyoming also explains that its proposal requiring that suitable 
material be used for burial purposes rather than ``soil cover'' as 
required by the OSMRE rules is intended to clarify that topsoil and 
subsoil should not be used for burial purposes. Wyoming adds that the 
four feet can be comprised of suitable spoil or other approved material 
which is nontoxic, nonacid-forming and noncombustible, and the approved 
depth of subsoil/topsoil shall be placed above the four feet of 
suitable cover material.
    We agree with Wyoming's rationale justifying the adoption of a four 
foot burial depth above disposal sites using of suitable cover material 
in lieu of soil cover. These provisions are reasonable and are more 
stringent than the Federal counterpart requirements at 30 CFR 816.89 
and 817.89(b). Therefore, we approve subsection (II) of newly proposed 
Chapter 4, Section 2(c)(xiii)(C).
    Wyoming also proposes to remove its rule at Chapter 4, Section 
2(c)(xiii)(D) regarding management and final burial on the permit area 
of solid wastes generated by a mine mouth power plant or mine mouth 
coal drier. Wyoming explains in its SOPR that subsection (D) is no 
longer necessary because these types of facilities are now addressed 
with the inclusion of language in proposed Chapter 4, Section 
2(c)(xiii)(C)(II) regarding solid wastes generated by a mine mouth 
power plant, coal drier or coal processing facility. Wyoming notes that 
``noncoal mine waste'' is interpreted by the LQD to exclude coal mine 
dust and coal fines which may be generated during the processing of 
coal. Specifically, coal dust and fines may be recovered and therefore 
are not considered waste. We agree with Wyoming's proposed rule change 
and approve it.
    Based on the discussion above, Wyoming's proposed revisions to its 
rules at Chapter 4, Section 2(c)(xiii)(C) and (D) are no less effective 
than the Federal regulations at 30 CFR 816.89 and 817.89, and we are 
removing the required program amendments at 30 CFR 950.16(s) and (t).
    Related to the findings above is Wyoming's proposal to add a new 
rule at Chapter 7, Section 2(b)(ix) regarding Environmental Protection 
Performance Standards Applicable to Underground Mining Operations. In 
its SOPR, Wyoming's explains that proposed subsection (ix) provides a 
specific cross-reference to the noncoal mine waste management and 
performance standards in Chapter 4 Section 2(c) and is intended to make 
clear that they are applicable to underground mining operations as 
required by 30 CFR 817.89. Wyoming also states that the additional 
subsection will eliminate the need for adoption of a separate set of 
duplicate rules regarding noncoal mine waste generated by underground 
coal mines. We find that Wyoming's proposed rule applying noncoal mine 
waste management and performance standards to underground mining 
operations is no less effective than the Federal requirements at 30 CFR 
817.89 and we approve it.

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on the amendment (Administrative 
Record

[[Page 10521]]

Document ID No. OSM-2011-0004-0001), but did not receive any.

Federal Agency Comments

    Under 30 CFR 732.17(h)(11)(i) and section 503(b) of SMCRA, we 
requested comments on the amendment from various Federal agencies with 
an actual or potential interest in the Wyoming program (Administrative 
Record No. WY-45-03). We received comments from three Federal Agencies.
    The United States Geological Survey (USGS) commented in a May 10, 
2011, email response (Administrative Record Document ID No. OSM-2011-
0004-0008), the Mine Safety and Health Administration (MSHA) commented 
in a June 1, 2011, letter (Administrative Record Document ID No. OSM-
2011-0004-0006), and the Bureau of Land Management (BLM) commented in a 
June 3, 2011, letter (Administrative Record Document ID No. OSM-2011-
0004-0005).
    The USGS responded that inasmuch as they aren't a regulatory 
agency, they do not have a major role for commenting on these rule 
changes. The USGS further stated that a copy of the amendment materials 
was forwarded to the Central Energy Resource (coal group), Wyoming 
Water Science Center (water), and Fort Collins (wildlife and habitat) 
Science Centers for their review. The USGS concluded by stating they 
would forward to OSMRE any comments that were received from those 
groups.
    MSHA responded that it reviewed the proposed changes to the Wyoming 
Reclamation Program and had no comments or concerns.
    The BLM responded that the proposed Wyoming Reclamation Program 
amendment materials were reviewed by BLM staff in the Field, District, 
and State Offices and it did not have any comments at this time.

Environmental Protection Agency (EPA) Concurrence and Comments

    Under 30 CFR 732.17(h)(11)(i) and (ii), we are required to get 
concurrence from EPA for those provisions of the program amendment that 
relate to air or water quality standards issued under the authority of 
the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean Air Act (42 
U.S.C. 7401 et seq.).
    Under 30 CFR 732.17(h)(11)(i), OSMRE requested comments on the 
amendment from EPA (Administrative Record No. WY-45-03). EPA did not 
respond to our request.

State Historic Preservation Officer (SHPO) and the Advisory Council on 
Historic Preservation (ACHP)

    Under 30 CFR 732.17(h)(4), we are required to request comments from 
the SHPO and ACHP on amendments that may have an effect on historic 
properties. On July 1, 2011, we requested comments on Wyoming's 
amendment (Administrative Record No. WY-045-06), but neither responded 
to our request.

V. OSMRE's Decision

    Based on the above findings, we approve, with certain exceptions, 
Wyoming's April 28, 2011, amendment. We do not approve the following 
provisions or parts of provisions.
    As discussed in Finding No. III.C.1, we are not approving Wyoming's 
revised VER definition at Chapter 1, Section 2(fl).
    As discussed in Finding No. III.C.2, we are not approving Wyoming's 
newly-proposed ``Needed for and adjacent standard'' definition at 
Chapter 1, Section 2(fl)(ii)(B)(IV).
    As discussed in Finding No. III.C.3, we are not approving Wyoming's 
proposed rule change at Chapter 1, Section 2(fl)(iii) that applies its 
VER standard to all roads included within a surface mining operation.
    As discussed in Finding No. III.C.4, we are not approving Wyoming's 
proposed rule change at Chapter 12, Section 1(a)(v)(D) regarding 
procedures for public road waivers.
    As discussed in Finding No. III.C.5, we are not approving Wyoming's 
proposed rule change at Chapter 12, Section 1(a)(vii)(A)(I) concerning 
VER determination requests.
    As discussed in Finding No. III.C.6, we are not approving Wyoming's 
proposed rule change at Chapter 12, Section 1(a)(vii)(A)(IV) concerning 
VER submission requirements and requests that rely on one of the 
standards for roads.
    As discussed in Finding No. III.C.7, we are not approving Wyoming's 
proposed rule change at Chapter 12, Section 1(a)(vii)(B)(I) concerning 
initial review of a VER request.
    As discussed in Finding No. III.C.8, we are not approving Wyoming's 
proposed rule change at Chapter 12, Section 1(a)(vii)(B)(IV) concerning 
an initial review of all applicable submission components for making 
VER determinations.
    As discussed in Finding No. III.C.9, we are not approving Wyoming's 
proposed rules concerning VER public notice and comment requirements 
and procedures at Chapter 12, Section 1(a)(vii)(C)(I)(3.).
    As discussed in Finding No. III.C.10, we are not approving 
Wyoming's proposed rule change at Chapter 12, Section 
1(a)(vii)(C)(II)(2.) concerning VER public notice and comment 
requirements and procedures.
    As discussed in Finding No. III.C.11, we are not approving 
Wyoming's proposed rule change at Chapter 12, Section 1(a)(vii)(C)(III) 
concerning VER public notice and comment requirements and procedures.
    As discussed in Finding No. III.C.12, we are not approving 
Wyoming's proposed rule change at Chapter 12, Section 1(a)(vii)(D)(I) 
concerning the review of materials and comments submitted for adequacy 
before making a VER determination.
    As discussed in Finding No. III.C.13, we are not approving 
Wyoming's proposed rule change at Chapter 12, Section 1(a)(vii)(D)(III) 
concerning the impacts of property rights disagreements on VER 
determinations.
    As discussed in Finding No. III.C.14, we are not approving 
Wyoming's proposed rule change at Chapter 12, Section 1(a)(vii)(E) 
providing for administrative and judicial review of VER determinations.
    As discussed in Finding No. III.C.15, we are not approving 
Wyoming's proposed rule change at Chapter 12, Section 1(a)(vii)(F) 
concerning requirements for making VER requests and related materials 
available to the public.
    As discussed in Finding No. III.C.16, we are not approving 
Wyoming's proposed rule change at Chapter 12, Section 1(a)(vii)(G) 
concerning procedures for joint approval of surface coal mining 
operations that will adversely affect publicly owned parks or historic 
places.
    As discussed in Finding No. III.C.17, we are not approving 
Wyoming's newly-proposed definition of ``willfully'' to its rules at 
Chapter 16, Section 4(a)(iii).
    As discussed in Finding No. III.C.18, we are not approving 
Wyoming's newly-proposed rules at Chapter 16, Section 4(b)(i) for 
determining when an individual civil penalty may be assessed.
    As discussed in Finding No. III.C.19, we are not approving 
Wyoming's newly-proposed rule at Chapter 16, Section 4(c)(i)(A) 
imposing criteria that shall be considered when determining the amount 
of the individual civil penalty to be assessed.
    We are removing existing required amendments and approving, as 
discussed in: Finding No. III.D.1, Chapter 2, Section 2(a)(v)(A)(II) 
concerning disposal of noncoal wastes; Finding No. III.D.2, Chapter 2, 
Section

[[Page 10522]]

5(a) (xx) and (xxi) concerning specific performance standards for 
noncoal waste disposal; and Finding No. III.D.3, Chapter 4, Section 
2(c)(xiii)(C) and (D) concerning specific performance standards for 
noncoal waste disposal. To implement this decision, we are amending the 
Federal regulations at 30 CFR Part 950, which codify decisions 
concerning the Wyoming program. We find that good cause exists under 5 
U.S.C. 553(d)(3) to make this final rule effective immediately. Section 
503(a) of SMCRA requires that the State's program demonstrates that the 
State has the capability of carrying out the provisions of the Act and 
meeting its purposes. Making this regulation effective immediately will 
expedite that process. SMCRA requires consistency of State and Federal 
standards.

Effect of OSMRE's Decision

    Section 503 of SMCRA provides that a State may not exercise 
jurisdiction under SMCRA unless the State program is approved by the 
Secretary. Similarly, 30 CFR 732.17(a) requires that any change of an 
approved State program be submitted to OSMRE for review as a program 
amendment. The Federal regulations at 30 CFR 732.17(g) prohibit any 
changes to approved State programs that are not approved by OSMRE. In 
the oversight of the Wyoming program, we will recognize only the 
statutes, regulations and other materials we have approved, together 
with any consistent implementing policies, directives and other 
materials. We will require Wyoming to enforce only approved provisions.

VI. 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 
OSMRE. 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'' 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 CFR 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) 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 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.

[[Page 10523]]

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 950

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: June 26,2012.
Allen D. Klein,
Regional Director, Western Region.

    Editorial Note:  This document was received at the Office of the 
Federal Register on February 8, 2013.
    For the reasons set out in the preamble, 30 CFR part 950 is amended 
as set forth below:

PART 950--Wyoming

0
1. The authority citation for part 950 continues to read as follows:

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

0
2. Section 950.15 is amended in the table by adding a new entry in 
chronological order by ``Date of Final Publication'' to read as 
follows:


Sec.  950.15  Approval of Wyoming regulatory program amendments.

* * * * *

------------------------------------------------------------------------
 Original amendment submission    Date of final
              date                 publication     Citation/description
------------------------------------------------------------------------
 
                              * * * * * * *
April 28, 2011.................         2-14-13   Chap. 1, Sec.
                                                   2(fl)(i); Chap. 1,
                                                   Sec. 2(fl)(ii)(A) and
                                                   (B)(I)-(III);
                                                   Subsections (A)-(D)
                                                   of Chap. 1, Sec.
                                                   2(fl)(iii); Chap. 1,
                                                   Sec. 2(fl)(iv)(A) and
                                                   (B); Chap. 2, Sec.
                                                   2(a)(v)(A)(II); Chap.
                                                   2, Sec. 5(a)(xx) and
                                                   (xxi); Chap. 4, Sec.
                                                   2(c)(xiii)(C) and
                                                   (D); Chap. 7, Sec.
                                                   1(a)(i)(A) and (B);
                                                   Chap. 7, Sec.
                                                   2(b)(ix); Chap. 10,
                                                   Sec. 2(a); Chap. 10,
                                                   Section 2(b)(xiii);
                                                   Chap. 10, Sec.
                                                   3(c)(iv); Subsections
                                                   (1.)-(9.) of Chap.
                                                   12, Sec.
                                                   1(a)(vii)(A)(I);
                                                   Chap. 12, Sec.
                                                   1(a)(v)(B); Chap. 12,
                                                   Sec. 1(a)(vi); Chap.
                                                   12, Sec.
                                                   1(a)(vii)(A)(II) (1.)-
                                                   (3.) and (III);
                                                   Subsections (1.)-(3.)
                                                   of Chap. 12, Sec.
                                                   1(a)(vii)(A)(IV);
                                                   Chap. 12, Sec.
                                                   1(a)(vii)(B)(II) and
                                                   (III); Chap. 12, Sec.
                                                   1(a)(vii)(C)(I)(1.)
                                                   and (2.); Subsections
                                                   e.-h. of Chap. 12,
                                                   Sec.
                                                   1(a)(vii)(C)(I)(3.);
                                                   Chap. 12, Sec.
                                                   1(a)(vii)(C)(II)(1.);
                                                   Chap. 12, Sec.
                                                   1(a)(vii)(D)(II);
                                                   Chap. 12, Sec.
                                                   1(a)(vii)(D)(IV) and
                                                   (V)(1.) and (2.);
                                                   Chap. 12, Sec.
                                                   1(a)(vii)(G)(I)(1.),
                                                   (2.), and (3.), (II),
                                                   and (III)(1.); Chap.
                                                   16, Sec. 4(a)(i) and
                                                   (ii)(A) and (B);
                                                   Chap. 16, Sec.
                                                   4(b)(ii); Chap. 16,
                                                   Sec. 4(c)(i)(B)-(C);
                                                   Chap. 16, Sec.
                                                   4(c)(ii); Chap. 16,
                                                   Sec. 4(d)(i), (ii)(A)
                                                   and (B), and (iii);
                                                   Chap. 16, Sec.
                                                   4(e)(i)-(iii); also
                                                   all minor, editorial,
                                                   and codification
                                                   changes.
------------------------------------------------------------------------


0
3. Section 950.16 is amended by removing and reserving paragraphs (r), 
(s), and (t).
[FR Doc. 2013-03365 Filed 2-13-13; 8:45 am]
BILLING CODE 4310-05-P