[Federal Register Volume 78, Number 139 (Friday, July 19, 2013)]
[Rules and Regulations]
[Pages 43061-43063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17366]



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 Rules and Regulations
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  Federal Register / Vol. 78, No. 139 / Friday, July 19, 2013 / Rules 
and Regulations  

[[Page 43061]]



DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 950

[SATS No: WY-043-FOR; Docket ID: OSM-2012-0020; 
S1D1SSS08011000SXDO66A0067F134S180110; 
S2D2SSS08011000SX066A00033F13XS501520]


Wyoming Regulatory Program

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

ACTION: Final rule.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement 
(OSM), is removing previously disposed-of state program disapprovals 
and required program amendments for Wyoming that remain codified in the 
Code of Federal Regulations (CFR). The disapprovals and required 
program amendments are no longer necessary because Wyoming subsequently 
submitted and obtained OSM approval of revised regulations under the 
Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act).

DATES: Effective July 19, 2013.

FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Chief, Denver 
Field Division, Telephone: 307-261-6550, Internet address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Discussion of Final Rule
II. Procedural Determinations

I. Discussion of Final Rule

    At its own initiative (SATS number: WY-043-FOR, Administrative 
Record Docket ID No. OSM-2012-0020), OSM is removing certain Wyoming 
program disapprovals and required program amendments codified at 30 CFR 
950.12 and 950.16 that have been previously addressed by the State and 
approved by OSM. A description of the disapprovals and required 
amendments being removed, including the citation and date of the 
original Federal Register document that resulted in their removal, are 
listed below in the order that they appear in 30 CFR 950.12 and 950.16.

A. Previously Addressed State Program Provisions That Were Not Approved

1. 30 CFR 950.12(a)(1)
    The regulations at 30 CFR 950.12(a)(1) disapproved the phrases 
``run-of-the-mine'' and ``to separate the coal from its impurities'' 
within the definition of ``coal preparation plant'' at Chapter I, 
section 2(m) of Wyoming's Coal Rules and Regulations. Wyoming 
subsequently deleted these phrases from its definition, and OSM 
approved their removal in a July 25, 1990, Federal Register (55 FR 
30221, 30223).
2. 30 CFR 950.12(a)(3)
    The regulations at 30 CFR 950.12(a)(3) disapproved the deletion of 
the requirement at Chapter II, section 3(a)(vi)(H)(II)(3) of Wyoming's 
Coal Rules and Regulations to collect baseline surface water data on 
acidity. Wyoming subsequently reinstated the requirement regarding 
surface water information at Chapter II, section 2(a)(vi)(L)(IV), and 
OSM approved it in a November 6, 2002, Federal Register (67 FR 67540-
67541).
3. 30 CFR 950.12(a)(4)
    The regulations at 30 CFR 950.12(a)(4) disapproved the deletion of 
the locational data requirements for monitoring stations at Chapter II, 
section 3(a)(vi)(M) of Wyoming's Coal Rules and Regulations. Wyoming 
subsequently explained that the requirements were present in its 
current rules at Chapter II, section 2(a)(vi)(J)(VIII), and OSM 
approved it in a November 6, 2002, Federal Register (67 FR 67540, 
67543).
4. 30 CFR 950.12(a)(6)
    The regulations at 30 CFR 950.12(a)(6) disapproved the replacement 
of the word ``is'' with the phrase ``the vegetative cover and total 
ground cover are'' in Chapter IV, section 2(d)(vi) of Wyoming's Coal 
Rules and Regulations. Wyoming subsequently deleted the reference to 
``total ground cover'' and added the term ``absolute total'' to the 
phrase ``vegetative cover'' in Chapter IV, section 2(d)(ii)(B)(I), 
which is revised text from Chapter IV, section 2(d)(x) in the currently 
approved rules. OSM approved the deletion in a June 14, 2011, Federal 
Register (67 FR 34816, 34831).
5. 30 CFR 950.12(a)(7)
    The regulations at 30 CFR 950.12(a)(7) disapproved the addition of 
the phrase ``or an alternative success standard approved by the 
Administrator'' to Chapter IV, section 2(d)(vi) of Wyoming's Coal Rules 
and Regulations. Wyoming subsequently deleted language in proposed 
Chapter IV, section 2(d)(i)(G) and 2(d)(ii)(B)(I), which is revised 
text from Chapter IV, section 2(d)(x) in the currently approved rules, 
that allows the use of unspecified alternative success standards when 
approved by the Administrator. OSM approved the deletion in a June 14, 
2011, Federal Register (67 FR 34816, 34831).
6. 30 CFR 950.12(a)(10)
    The regulations at 30 CFR 950.12(a)(10) disapproved all revisions 
to Chapter IV, section 3(a)(ix) of Wyoming's Coal Rules and Regulations 
concerning cut-and-fill terraces. Wyoming subsequently eliminated these 
revisions from its rules, and OSM approved their removal in a July 25, 
1990, Federal Register (55 FR 30221, 30224).
7. 30 CFR 950.12(a)(11)
    The regulations at 30 CFR 950.12(a)(11) disapproved the addition of 
section 1(a)(ii)(C), section 2(c), and section 3 to Chapter IX of 
Wyoming's Coal Rules and Regulations which would have provided a 
general variance from the approximate original contour requirements. 
Wyoming subsequently deleted the general variance provisions from its 
rules, and OSM approved their removal in a July 25, 1990, Federal 
Register (55 FR 30221-30222).
8. 30 CFR 950.12(b)
    The regulations at 30 CFR 950.12(b) disapproved the addition of 
section 1(b)(iii) to Chapter XII of Wyoming's Coal Rules and 
Regulations which would have allowed personal property other than 
allowed by 30 CFR 800.5 (cash accounts, negotiable bonds, certificates 
of deposit, and letters of credit) to be posted as collateral bond. 
Wyoming subsequently revised its rules

[[Page 43062]]

in Chapter XII governing self-bonding to allow the use of personal 
property as collateral for securing self bonds. The revised rules 
addressed OSM's previously expressed concerns, and OSM approved them in 
a July 25, 1990, Federal Register (55 FR 30221, 30226-30227).

B. Previously Approved Required Program Amendments

1. 30 CFR 950.16(d)
    The regulations at 30 CFR 950.16(d) required Wyoming to submit by 
September 24, 1990, a revision to its permanent program rules at 
Chapter IV, section 3(i) or otherwise propose to amend its program to 
require quarterly ground water monitoring for surface and underground 
coal mining operations. Wyoming subsequently amended its program as 
required, and OSM approved the changes in a November 6, 2002, Federal 
Register document (67 FR 67540, 67542).
2. 30 CFR 950.16(e)
    The regulations at 30 CFR 950.16(e) required Wyoming to submit by 
September 24, 1990, a revision to its permanent program rules at 
Chapter IV, section 3(u) or otherwise propose to amend its program to 
give the State the authority to require additional preventive, 
remedial, or monitoring measures to assure that material damage to the 
hydrologic balance outside the permit area is prevented for both 
surface and underground coal mining operations. Wyoming subsequently 
amended its program as required, and OSM approved the changes in a 
November 6, 2002, Federal Register (67 FR 67540-67541).
3. 30 CFR 950.16(h)
    The regulations at 30 CFR 950.16(h) required Wyoming to submit by 
June 30, 1987, revisions of the Land Quality Division (LQD) rules at 
Chapter II section 3(a)(vi)(J)(II) or otherwise propose to amend its 
program to provide that the groundwater quality description in a permit 
application must include pH. Wyoming subsequently amended its program 
as required at Chapter II section 2(a)(vi)(M)(III)(4), and OSM approved 
the changes in a November 6, 2002, Federal Register document (67 FR 
67540-67541).
4. 30 CFR 950.16(i)
    The regulations at 30 CFR 950.16(i) required Wyoming to submit by 
June 30, 1987, revisions to the LQD rules at Chapter II section 
3(b)(ix)(D) or otherwise propose to amend its program to specify the 
minimum groundwater quality parameters that must be monitored. Wyoming 
subsequently submitted an amendment clarifying that the required 
minimum groundwater quality parameters were present in its current 
rules at Chapter IV, section 2(i), and OSM approved the changes in a 
November 6, 2002, Federal Register document (67 FR 67540, 67542).
    Based on the information presented above, we are removing 
previously disposed-of state program disapprovals for Wyoming that 
remain codified at 30 CFR 950.12(a)(1), (3), (4), (6), (7), (10), (11), 
and (b) in this final rule. Additionally, we are removing previously 
disposed-of required program amendments for Wyoming at 30 CFR Part 
950.16(d), (e), (h), and (i). Removal of these state program 
disapprovals and required program amendments does not alter the terms 
of our previous decisions or Wyoming's existing regulatory 
requirements.

II. Procedural Determinations

Administrative Procedure Act

    We are publishing this final rule without prior public notice or 
opportunity for public comment. The Administrative Procedure Act (APA), 
5 U.S.C. 553, provides an exception to notice and comment requirements 
when an agency finds that there is good cause for dispensing with 
notice and comment procedures on the basis that they are impracticable, 
unnecessary, or contrary to the public interest. We have determined 
that, under 5 U.S.C. 553(b)(3)(B), good cause exists for dispensing 
with the notice of proposed rulemaking and public comment procedures 
for this rule.
    Specifically, we have determined that notice and comment is 
unnecessary for this rule because it is nonsubstantive. As discussed 
above, this rule removes provisions concerning previously disposed-of 
state program disapprovals and required program amendments for Wyoming 
that remain codified at 30 CFR 950.12 and 950.16, respectively. This 
rule neither imposes new regulatory requirements nor removes any 
existing regulatory requirements.
    For the same reasons, we find that good cause exists under 5 U.S.C. 
553(d)(3) to have the regulation become effective on a date that is 
less than 30 days after the date of publication in the Federal 
Register.

Executive Order 12866

    This rule is not a significant rule and is not subject to review by 
the Office of Management and Budget under Executive Order 12866. As 
discussed above, this rule removes provisions concerning previously 
disposed-of state program disapprovals and required program amendments 
for Wyoming that remain codified at 30 CFR 950.12 and 950.16, 
respectively. This rule neither imposes new regulatory requirements nor 
removes any existing regulatory requirements. For these reasons, we 
find that:
    (1) This rule will not have an effect of $100 million or more on 
the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency for the 
reasons stated above.
    (3) This rule does not alter the budgetary effects of entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients.
    (4) This rule does not raise novel legal or policy issues for the 
reasons stated above.

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.). 
As discussed above, this rule removes provisions concerning previously 
disposed-of state program disapprovals and required program amendments 
for Wyoming that remain codified at 30 CFR 950.12 and 950.16, 
respectively. This rule neither imposes new regulatory requirements nor 
removes any existing regulatory requirements.

Small Business Regulatory Enforcement Fairness Act

    As discussed above, this rule removes provisions concerning 
previously disposed-of state program disapprovals and required program 
amendments for Wyoming that remain codified at 30 CFR 950.12 and 
950.16, respectively. This rule neither imposes new regulatory 
requirements nor removes any existing regulatory requirements. 
Therefore, this rule is not considered a major rule under 5 U.S.C. 
804(2), the Small Business Regulatory Enforcement Fairness Act, and it 
will not--
    (1) Have an annual effect on the economy of $100 million.
    (2) Cause a major increase in costs or prices for consumers, 
individual industries, Federal, state, or local government agencies, or 
geographic regions because the rule does not impose new requirements on 
the coal mining industry or consumers.

[[Page 43063]]

    (3) Have significant adverse effects on competition, employment, 
investment, productivity, innovation, or the ability of U.S. based 
enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on state, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on state, 
local, or tribal governments or the private sector. As discussed above, 
this rule removes provisions concerning previously disposed-of state 
program disapprovals and required program amendments for Wyoming that 
remain codified at 30 CFR 950.12 and 950.16, respectively. This rule 
neither imposes new regulatory requirements nor removes any existing 
regulatory requirements. A statement containing the information 
required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is 
not required.

Federal Paperwork Reduction Act

    This rule does not contain collections of information that require 
approval by the Office of Management and Budget under 44 U.S.C. 3501 et 
seq.

National Environmental Policy Act

    This rule does not require an environmental assessment or 
environmental impact statement because section 702(d) of SMCRA, 30 
U.S.C. 1292(d), provides that agency actions pertaining to approval of 
state regulatory programs 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).

Executive Order 12988 on Civil Justice Reform

    This rule complies with the requirements of Executive Order 12988. 
Specifically, this rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Executive Order 13211--Regulations That Significantly Affect the 
Supply, Distribution, or Use of Energy

    Executive Order 13211 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. This rule is not 
considered significant under Executive Order 12866, nor would it have a 
significant adverse effect on the supply, distribution, or use of 
energy. Therefore, a statement of energy effects is not required.

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 removal of previously disposed-of state 
program disapprovals and required program amendments for Wyoming that 
remain codified at 30 CFR 950.12 and 950.16 would not have substantial 
direct effects 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.

Executive Order 12630--Takings

    Under the criteria in Executive Order 12630, this rule does not 
have significant takings implications; therefore, a takings implication 
assessment is not required. As discussed above, this rule removes 
provisions concerning previously disposed-of state program disapprovals 
and required program amendments for Wyoming that remain codified at 30 
CFR 950.12 and 950.16, respectively. This rule neither imposes new 
regulatory requirements nor removes any existing regulatory 
requirements.

Executive Order 13132--Federalism

    This rule does not have federalism implications. For the reasons 
previously stated, it will not have ``substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government.''

Data Quality Act

    In developing this rule, we did not conduct or use a study, 
experiment, or survey requiring peer review under the Data Quality Act 
(Pub. L. 106-554).

List of Subjects in 30 CFR Part 950

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: June 10, 2013.
Allen D. Klein,
Director, Western Region.
    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. Revised Sec.  950.12 to read as follows:


Sec.  950.12  State program provisions and amendments not approved.

    The following provisions of the Rules and Regulations of the Land 
Quality Division of the Wyoming Department of Environmental Quality are 
not approved:
    (a) [Reserved]
    (b) [Reserved]


Sec.  950.16  [Amended]

0
3. In Sec.  950.16, remove and reserve paragraphs (d), (e), (h), and 
(i) and remove reserved paragraphs (v) through (ll).

[FR Doc. 2013-17366 Filed 7-18-13; 8:45 am]
BILLING CODE 4310-05-P