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Federal Register/Vol. 84, No. 233/Wednesday, December 4

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Federal Register/Vol. 84, No. 233/Wednesday, December 4 Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Rules and Regulations 66309 damage resulting from subsidence, and corresponding Federal regulations and 12, 2014, Federal Register (79 FR prompt replacement of water supplies SMCRA. 67116). In the same document, we affected by underground mining DATES: The effective date is January 3, opened the public comment period and operations. 2020. provided an opportunity for a public (6) At 11 AAC 90.457(d), in FOR FURTHER INFORMATION CONTACT: hearing or meeting on the amendment’s accordance with the requirements at 30 Jeffrey Fleischman, Chief, Denver Field adequacy (Administrative Record CFR 816.116(a)(1) and 817.116(a)(1), Division, Telephone: 307–261–6550, Document ID No. OSM–2014–0007). Alaska must submit a program email address: [email protected]. OSMRE did not hold a public hearing or amendment (or description of the meeting, as neither were requested. The SUPPLEMENTARY INFORMATION: amendment with a timetable for public comment period ended on submission) to clarify its program by I. Background on the Wyoming Program December 12, 2014. We received II. Submission of the Proposed Amendment revising 11 AAC 90.457 to indicate that III. OSMRE’s Findings comments from two Federal agencies all selected revegetation success IV. Summary and Disposition of Comments (discussed below in section ‘‘IV. standards and sampling techniques V. OSMRE’s Decision Summary and Disposition of which may be incorporated into VI. Statutory and Executive Order Reviews Comments’’. individual permits will be put in I. Background on the Wyoming III. OSMRE’s Findings writing and made available to the Program public. If Alaska will allow for any The following are the findings we normal husbandry practices to be used Section 503(a) of the Act permits a made about the amendment under during the period required for State to assume primacy for the SMCRA and the Federal regulations at demonstration of revegetation success, regulation of surface coal mining and 30 CFR 732.15 and 732.17. We are in accordance with 30 CFR reclamation operations on non-Federal approving the amendment as described 816.116(c)(4), Alaska must submit an and non-Tribal lands within its borders below. by demonstrating that its State program amendment of its program to A. Minor Revisions to Wyoming’s Rules demonstrate that each practice is one includes, among other things, State laws that is customarily performed on similar and regulations that govern surface coal Wyoming proposed minor un-mined lands and list, at 11 AAC mining and reclamation operations in grammatical changes to several 90.457(d), the acceptable practices. accordance with the Act and consistent previously approved rules. Wyoming with the Federal regulations. See 30 did not propose any substantive changes [FR Doc. 2019–26128 Filed 12–3–19; 8:45 am] U.S.C. 1253(a)(1) and (7). On the basis to the text of these regulations. Because BILLING CODE 4310–05–P of these criteria, the Secretary of the the proposed revisions to these Interior conditionally approved the previously approved rules are minor DEPARTMENT OF THE INTERIOR Wyoming program on November 26, and result in no substantive changes to 1980. You can find background the Wyoming program, we are Office of Surface Mining Reclamation information on the Wyoming program, approving the changes and find that and Enforcement including the Secretary’s findings, the they are no less effective than the disposition of comments, and the corresponding Federal regulations at 30 30 CFR Part 950 conditions of approval of the Wyoming CFR parts 700 through 887. The program in the November 26, 1980, specific, minor revisions to the Code of Federal Register (45 FR 78637). You can Wyoming Rules and the Federal [SATS No: WY–046–FOR; Docket ID: OSM– also find later actions concerning regulation counterparts are as follows: 2014–0007; S1D1S SS08011000 SX064A000 • 201S180110; S2D2S SS08011000 Wyoming’s program and program Chapter 1, Section 2(co), related to SX064A000 20XS501520] amendments at 30 CFR 950.12, 950.15, Notice of violation, [30 CFR 701.5]; 950.16, and 950.20. • Chapter 2, Section 2(a)(ii)(A)(II), Wyoming Regulatory Program II. Submission of the Proposed related to Adjudication Requirements, Amendment [30 CFR 778.14(a)(2)]; AGENCY: Office of Surface Mining • Chapter 2, Section 2(a)(ii)(B), Reclamation and Enforcement, Interior. By letter dated September 30, 2014 related to Adjudication Requirements, ACTION: Final rule; approval of (Administrative Record Docket ID No. [30 CFR 778.14(c)]; amendment. OSM–2014–0007), Wyoming sent • Chapter 6, related to Blasting for OSMRE an amendment to its program Surface Coal Mining Operations, [30 SUMMARY: We, the Office of Surface under SMCRA. Wyoming submitted the CFR 816.61 and 817.61] Mining Reclamation and Enforcement amendment to address deficiencies that • Chapter 12, Section 1(a)(vii)(A), (OSMRE), are approving an amendment OSMRE previously identified during its related to VER submission requirements to the Wyoming regulatory program review of Wyoming’s program related to and procedures, [30 CFR 761.16(b)]; (Wyoming program) under the Surface valid existing rights determination • Chapter 12, Section 1(a)(vii)(B)(IV), Mining Control and Reclamation Act of requests, as discussed more fully below, related to VER submission requirements 1977 (SMCRA or the Act). Wyoming and individual civil penalties (WY– and procedures,[30 CFR 761.16(c)(4)]; proposes both revisions of and additions 044–FOR; Docket ID No. OSM–2013– • Chapter 12, Section 1(a)(vii)(E), to its coal rules and regulations 0001) and ownership and control (WY– related to VER submission requirements concerning valid existing rights and 045–FOR; Docket ID No. OSM–2013– and procedures, [30 CFR 761.16(f)]; individual civil penalties, as well as 0002) amendments. The amendment • Chapter 12, Section 1(a)(x), related ownership and control provisions. also revises a provision about periodic to VER submission requirements and Wyoming also proposes to revise a monitoring of blasting in response to a procedures, [30 CFR 773.12]; provision concerning periodic concern that the Casper Area Office • Chapter 12, Section 1(a)(xiv)(D)(II), monitoring of blasting. Wyoming identified during its annual oversight related to VER submission requirements revised its program to address review of the Wyoming program. and procedures, [30 CFR 774.11(g)(2)]; deficiencies we previously identified, We announced receipt of the • Chapter 16, Section 2(h), related to which are now consistent with the proposed amendment in the November Enforcement, [30 CFR 774.12a]; and VerDate Sep<11>2014 15:48 Dec 03, 2019 Jkt 250001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\04DER1.SGM 04DER1 khammond on DSKJM1Z7X2PROD with RULES 66310 Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Rules and Regulations • Chapter 16, Section 4(c)(i), related at Chapter 1, Section 2(aa) in a previous counterpart language to 30 CFR to Individual Civil Penalties, [30 CFR rulemaking action (WY–045–FOR) as a 778.11(b)(4) was found in proposed 846.14(a)(1)]. State counterpart to the Federal subsection (D). As a result, OSMRE regulations at 30 CFR 701.5. OSMRE determined that the language in these B. Revisions to Wyoming’s Rules That replied in a letter dated April 9, 2013, provisions, taken together, are Have the Same Meaning as the (Administrative Record Document ID. consistent with and no less effective Corresponding Provisions of the Federal No. WY–50–09) that in order to than the Federal regulations at 30 CFR Regulations maintain consistency with its own rules 778.11(b). However, Wyoming’s existing 1. Minor Wyoming Additions and and be no less effective than the rule language in subsection (B) Revisions That Mirror SMCRA and the corresponding Federal regulations at 30 warranted the inclusion of additional Federal Regulations CFR 701.5, Wyoming must include the clarifying language to be consistent with Wyoming proposes additions and term ‘‘surface’’ in its newly proposed and no less effective than both the revisions to several regulations definition of ‘‘Control or Controller’’ at Federal counterpart rule at 30 CFR containing language that is the same as Chapter 1, Section 2(aa). In addition, we 778.12(a) and its rule language in or substantially similar to the required Wyoming to reinsert the phrase subsection (F) regarding operator’s corresponding sections of the Federal ‘‘For Surface Coal Mining Operations’’ permit history information. regulations and/or SMCRA. Therefore, in the title for Chapter 2 that was simply Consequently, we did not approve we are approving them. entitled, ‘‘Permit Application Wyoming’s proposed revisions to In particular, Wyoming is revising Requirements.’’ As a result, we did not Chapter 2, Section 2(a)(i)(B), and we Chapter 6, Section 4(b)(i)(A); Blasting approve Wyoming’s newly proposed published that decision in a December for Surface Coal Mining Operations; rule at Chapter 1, Section 2(aa) in a 7, 2017, Federal Register document (82 Blasting Standards, after OSMRE December 7, 2017, Federal Register FR 57664, 57668). identified an inconsistency in this document (82 FR 57664, 57668). In response, Wyoming now proposes provision in its Annual Oversight In response, Wyoming now proposes to further revise subsection (B) by Report for Evaluation Year 2013. to include the term ‘‘surface’’ in its providing additional language that Wyoming’s revision makes the newly proposed definition of ‘‘Control requires permit applicants to provide provision consistent with the or Controller’’ at Chapter 1, Section permit history information for the corresponding language at 30 CFR 2(aa). In addition, Wyoming reinserts operator. Specifically, Wyoming 816.67(b)(2)(i). the phrase ‘‘For Surface Coal Mining proposes to revise Chapter 2, Section The specific citations to Wyoming Operations’’ in the title for Chapter 2 2(a)(i)(B), to be consistent with the additions and revisions that have the concerning permit application Federal regulations at 30 CFR 778.12(a) same meaning as the corresponding requirements.
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