[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Rules and Regulations]
[Pages 60272-60276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24371]
[[Page 60271]]
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Part VI
Department of the Interior
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Office of Surface Mining Reclamation and Enforcement
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30 CFR Parts 740, 761, 773, et al.
Technical Amendments 2010; Final Rule
Federal Register / Vol. 75 , No. 188 / Wednesday, September 29, 2010
/ Rules and Regulations
[[Page 60272]]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Parts 740, 761, 773, 795, 816, 817, 840, 842, 870, and 884
RIN 1029-AC62
[Docket ID OSM-2010-0016]
Technical Amendments 2010
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are making technical revisions to our regulations to correct
various errors in citations, cross-references, and other inadvertent
errors in publication.
DATES: Effective Date: September 29, 2010.
FOR FURTHER INFORMATION CONTACT: Andy DeVito, Office of Surface Mining
Reclamation and Enforcement, South Interior Building MS-252, 1951
Constitution Avenue, NW., Washington, DC 20240; Telephone (202) 208-
2701; e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
I. Discussion of Final Rule
We are making non-substantive revisions to our regulations to
correct errors in citations, cross-references, and other inadvertent
errors in drafting. OSM's regulations are located in title 30 of the
Code of Federal Regulations (CFR). The regulations may be viewed on the
Internet at: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?sid=fbd21e91edb535fd2b3baf6d4d181e1f&c=ecfr&tpl=/ecfrbrowse/Title30/30cfrv3_02.tpl. Below is a section-by-section discussion of
the revisions that we are making.
Section 740.11--Applicability
On January 31, 1997, at 62 FR 4836, we proposed a rule that would
revise our Federal lands program regulations at 30 CFR 740.11. We
intended to revise the introductory text to Sec. 740.11(a). The
amendatory language (instructions) for making those revisions and
changing the CFR were published at 62 FR 4859 and correctly read as
follows: In Sec. 740.11, paragraph (a) introductory text is revised
and paragraph (g) is added * * *. On December 17, 1999, at 64 FR 70766,
we published the final rule revising the introductory text to Sec.
740.11(a). However, there was an error in the amendatory language
published at 64 FR 70831. The words ``introductory text,'' which had
been used in the proposed rule, were inadvertently dropped with the
result that paragraphs (a)(1) and (a)(2) of Sec. 740.11 were
unintentionally deleted.\1\ To correct that error, we are reinstating
paragraphs (a)(1) and (a)(2). Paragraph (a) introductory text, which is
currently in the CFR, and reinstated paragraphs (a)(1) and (a)(2) will
reads as follows:
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\1\ The erroneous instructions read as follows: In Sec. 740.11,
paragraph (a) is revised and paragraph (g) is added to read as
follows.
(a) Except as provided in paragraph (g) of this section, both
this subchapter and the pertinent State or Federal regulatory
program in subchapter T of this chapter apply to:
(1) Coal exploration operations on Federal lands not subject to
43 CFR parts 3400, and
(2) Surface coal mining and reclamation operations taking place
on any Federal lands as defined in 30 CFR 700.5, and lands (except
Indian lands) over leased or unleased Federal minerals.
Section 761.16--Submission and processing of requests for valid
existing rights determinations
On December 19, 2000, at 65 FR 79582, 79663, we revised our
regulations and redesignated Sec. 773.13 as Sec. 773.6. In paragraph
(g) of Sec. 761.16, we cross-reference Sec. 773.13(d). Because of the
redesignation published on December 19, 2000, the cross reference to
Sec. 773.13(d) should have been changed to Sec. 773.6(d). To correct
that error, we are changing the cross-reference in Sec. 761.16(g) from
Sec. 773.13(d) to Sec. 773.6(d).
Section 773.6--Public participation in permit processing
On December 17, 1999, at 64 FR 70766, we revised our regulations in
30 CFR Part 761. As a result of the revisions, certain cross-references
changed. At the time of the 1999 revision, Sec. 773.13(c)(4), later
redesignated as Sec. 773.6(c)(4), cross-referenced Sec. 761.12(d). In
the 1999 revision, the provisions in Sec. 761.12(d) were revised and
incorporated into Sec. 761.14 at paragraph (c). Consequently, the
cross-reference in Sec. 773.13(c)(4) should have been changed from
Sec. 761.12(d) to Sec. 761.14(c). To correct this error, we are
changing the cross-reference in Sec. 773.6(c)(4) from Sec. 761.12(d)
to Sec. 761.14(c). In addition, two typographical errors are being
corrected in Sec. 773.6(c)(4). The word ``conference'' is being
removed and the word ``conferences'' is being added in its place, and
the word ``accordances'' is being removed and the word ``accordance''
is being added in its place.
Section 773.9--Review of applicant, operator, and ownership and control
information
The section heading for Sec. 773.9 currently reads as follows:
Review of applicant, operator, and ownership and control information.
On December 3, 2007, at 72 FR 68000, 68029, we published revisions to
Sec. 773.9. We intended to revise the section heading and paragraph
(a) of Sec. 773.9. The revised section heading was correctly printed
in the Federal Register on December 3, 2007, and read as follows:
Review of applicant and operator information. However, in the
amendatory instructions, we failed to instruct the Office of the
Federal Register to revise the section heading. Because of that
omission, the section heading was never changed in the CFR. To correct
that error, we are revising the section heading to read as follows:
Review of applicant and operator information.
Section 773.22--Notice requirements for improvidently issued permits
On December 19, 2000, at 65 FR 79582, 79665, we revised Sec.
773.22(a) and in two locations in that paragraph, we intended to use
the phrase ``proposed suspension or rescission.'' However, a
typographical error occurred the second time the phrase was used and
the phrase was worded as ``proposed suspension of rescission.'' We are
correcting the error by removing the word ``of'' and adding the word
``or'' so that the phrase will now read as follows: proposed suspension
or rescission.
Section 795.4--Information collection
In Sec. 795.4, we are revising the last sentence to reflect a
change in the mailing address where comments may be sent concerning the
information collection requirements found in the regulations in part
795.
Section 816.46--Hydrologic balance: Siltation structures
On December 12, 2008, at 73 FR 75814, we published a final rule
that would have removed paragraph (b)(2) of Sec. Sec. 816.46 and
817.46. Those paragraphs required that all surface drainage from the
disturbed area be passed through a siltation structure before leaving
the permit area. In essence, that paragraph prescribed siltation
structures (sedimentation ponds and other treatment facilities) as the
best technology currently available for sediment control. Previously,
however, paragraph (b)(2) was struck down upon judicial review because
the court found that the preamble to the rulemaking in which it was
adopted did not articulate a sufficient basis for the rule under the
[[Page 60273]]
Administrative Procedure Act. The court stated that the preamble did
not adequately discuss the benefits and drawbacks of siltation
structures and alternative sediment control methods and did not enable
the court ``to discern the path taken by [the Secretary of the
Interior] in responding to commenters' concerns'' that siltation
structures in the West are not the best technology currently available.
See In re Permanent Surface Mining Regulation Litigation, 620 F. Supp.
1519, 1566-1568 (D.DC 1985).
On November 20, 1986, at 51 FR 41961, we suspended the rules struck
down by the court. To avoid any confusion that might result from the
continuing publication of those rules in the CFR, we proposed to remove
paragraph (b)(2) of Sec. Sec. 816.46 and 817.46 and redesignate the
remaining paragraphs of those sections accordingly. 72 FR 48890, 48907
(August 24, 2007).
We received no comments opposing the proposal. Therefore, on
December 12, 2008, at 73 FR 75883 and 75884, we published amendatory
language with the intent to remove paragraph (b)(2) of Sec. Sec.
816.46 and 817.46. In the amendatory language, however, we failed to
use the words ``lift the suspension'' prior to directing the removal of
paragraph (b)(2). Because a suspension must be lifted before any action
may be taken on a suspended section or paragraph, the amendatory
language that we used was insufficient to remove paragraph (b)(2) and
redesignate paragraphs (b)(3) through (b)(6) as (b)(2) through (b)(5),
respectively. In order to correct that error, we are publishing
amendatory language that will lift the suspension and remove paragraph
(b)(2) of Sec. Sec. 816.46 and 817.46 and redesignate paragraphs
(b)(3) through (b)(6) as (b)(2) through (b)(5), respectively.
Section 817.15--Casing and sealing of underground openings: Permanent
On September 18, 1978, at 43 FR 41662, 41900, we published a
proposed rule which cross-referenced the regulations of the Mine Safety
and Health Administration at 30 CFR 75.1711. When the final regulations
were issued on March 13, 1979, at 44 FR 14902, 15423, a typographical
error occurred and the citation was changed to 30 CFR 75.1771, which
does not exist. In order to correct the error, we are revising 30 CFR
817.15 by removing ``30 CFR 75.1771'' and adding in its place ``30 CFR
75.1711,'' which governs the sealing of mines.
Section 817.46--Hydrologic balance: Siltation structures
See the discussion above under the heading ``Section 816.46--
Hydrologic balance: Siltation structures.''
Section 840.10--Information collection
In Sec. 840.10, we are revising the last sentence to reflect a
change in the mailing address where comments may be sent concerning the
information collection requirements found in the regulations in part
840.
Section 840.13--Enforcement authority
Section 840.13(b) contains a cross-reference to Sec. 843.23, which
does not exist. On September 6, 1991, OSM had proposed to add a Sec.
843.23, which would have provided for sanctions for knowing omissions
or inaccuracies in ownership or control and violation information in
permit applications. 56 FR 45780, 45804. However, in the final rule
published on October 28, 1994, OSM chose not to adopt Sec. 843.23. 59
FR 54329. The cross-reference, however, was not deleted from Sec.
840.13(b), where it had been added in anticipation of the adoption of
Sec. 843.23. 59 FR 54312. Because Sec. 843.23 has never been adopted,
we are revising Sec. 840.13(b) by removing the cross-reference to
Sec. 843.23.
Section 842.11--Federal inspections and monitoring
On July 14, 1988, at 53 FR 26728, we revised section Sec. 842.11.
Two typographical errors occurred. First, in paragraph
(b)(1)(ii)(B)(1), we intended to cross-reference paragraph (b)(1)(iii)
but mistakenly typed (b)(i)(iii), which does not exist. It is clear
from the preamble discussion at 53 FR 26732 that the correct cross-
reference should be (b)(1)(iii). Therefore, we are deleting the
reference to (b)(i)(iii) and adding in its place (b)(1)(iii).
Second, a typographical error occurred in paragraph
(b)(1)(ii)(B)(4)(iv) where we use the words ``section 525(c) or
525(c).'' As is clear from the preamble discussion at 53 FR 26735, we
had intended to specify ``section 525(c) or 526(c).'' Therefore, we are
removing the words ``section 525(c) or 525(c)'' and adding in their
place the words ``section 525(c) or 526(c)''. Section 525(c) of SMCRA,
30 U.S.C. 1275(c), deals with the granting of temporary relief by the
Secretary of the Interior, and section 526(c) of SMCRA, 30 U.S.C.
1276(c), deals with the granting of temporary relief by a court.
Section 870.20--How to calculate excess moisture in LOW-rank coals
In Sec. 870.20, we are revising the sixth sentence of the
introductory text to reflect a change in the OSM address where a copy
of the ASTM standards, incorporated by reference, is available for
inspection.
Section 884.13--Content of proposed State reclamation plan
Section 884.13 specifies what is required in a proposed State
reclamation plan. In paragraph (b), we intended to require the
submission of a legal opinion from the State Attorney General or the
chief legal officer of the State agency stating that the designated
agency has the authority under State law to conduct the program in
accordance with the requirements of Title IV of the Act. When the final
rule was published on June 30, 1982, at 47 FR 28574, 28600, a
typographical error occurred and the word ``on'' was used instead of
the word ``or'' with the result that the paragraph reads ``opinion from
the State Attorney General on the chief legal officer of the State
agency.'' To correct that error, we are removing the word ``on'' and
adding in its place the word ``or''. The authority for requiring the
submission of a legal opinion is found in section 405(e) of SMCRA, 30
U.S.C. 1235(e).
II. Procedural Matters
Administrative Procedure Act
This final rule has been issued without prior public notice or
opportunity for public comment. The Administrative Procedure Act (APA)
(5 U.S.C. 553) provides an exception to the notice and comment
procedures when an agency finds that there is good cause for dispensing
with such procedures on the basis that they are impracticable,
unnecessary, or contrary to the public interest. OSM has 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, OSM has determined that notice and comment
is unnecessary for this rule because the rule is comprised of
technical, non-substantive amendments. As discussed above, this rule
corrects obvious errors in the CFR, and OSM's true intentions are
readily ascertained in the relevant rulemaking documents. Finally, this
rule does not impose any new regulatory requirements. For the same
reasons, we find that good cause exists under 5 U.S.C. 553(d)(3) of the
APA to have the regulation become effective on a date
[[Page 60274]]
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
previously stated, this rule corrects errors in the CFR and does not
impose any new 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 previously stated, the rule corrects errors in the CFR and does not
impose any new regulatory requirements.
Small Business Regulatory Enforcement Fairness Act
For the reasons previously stated, this rule is not considered a
major rule under 5 U.S.C. 804(2), the Small Business Regulatory
Enforcement Fairness Act. This rule:
(1) Will not have an annual effect on the economy of $100 million.
(2) Will not 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.
(3) Will 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.
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 previously
stated, the rule corrects errors in the CFR and does not impose any new
OSM 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 constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the National Environmental Policy Act of 1969 is not required
because the rule is covered by the categorical exclusion listed in the
Department of the Interior regulations at 43 CFR 46.210(i). That
categorical exclusion covers policies, directives, regulations, and
guidelines that are of an administrative, financial, legal, technical,
or procedural nature. For the reasons discussed above, the amendments
in this rule are administrative, technical, and/or procedural in
nature, and, therefore, fall within the contours of the categorical
exclusion. We have also determined that the rule does not involve any
of the extraordinary circumstances listed in 43 CFR 46.215 that would
require further analysis under the National Environmental Policy Act.
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. Because this rule
is not considered significant 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.
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 proposed revisions 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. As
previously stated, this rule corrects errors in the CFR and does not
impose any new regulatory requirements.
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. This determination is based on the fact
that the rule corrects errors in the CFR and does not impose any new
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).
Effect in Federal Program States, Primacy States, and on Indian Lands
The rule will apply through cross-referencing to the following
Federal program states: California, Georgia, Idaho, Massachusetts,
Michigan, North Carolina, Oregon, Rhode Island, South Dakota,
Tennessee, and Washington. The Federal programs for these States appear
at 30 CFR Parts 905, 910, 912, 921, 922, 933, 937, 939, 941, 942, and
947, respectively. The rule also applies through cross-referencing to
Indian lands under the Federal program for Indian lands as provided in
30 CFR Part 750. Because the rule is comprised of
[[Page 60275]]
technical, non-substantive amendments and does not impose any new
regulatory requirements, States with approved regulatory programs will
not be required to amend their programs.
List of Subjects
30 CFR 740
Public lands-mineral resources, Reporting and recordkeeping
requirements, Surety bonds, Surface mining, Underground mining.
30 CFR 773
Administrative practice and procedure, Reporting and
recordingkeeping requirements, Surface mining, Underground mining.
30 CFR 795
Grant programs-natural resources, Reporting and recordkeeping
requirements, Small businesses, Surface Mining, Technical Assistance,
Underground mining.
30 CFR Part 816
Environmental protection, Reporting and recordkeeping requirements,
Surface mining.
30 CFR Part 817
Environmental protection, Reporting and recordkeeping requirements,
Underground mining.
30 CFR Part 840
Intergovernmental relations, Reporting and recordkeeping
requirements, Surface mining, Underground mining.
30 CFR Part 842
Law enforcement, Surface mining, Underground mining.
30 CFR Part 870
Reporting and recordkeeping requirements, Surface mining,
Underground mining.
30 CFR Part 884
Grant programs-natural resources, Reporting and recordkeeping
requirements, Surface mining, Underground mining.
Dated: September 21, 2010.
Sylvia V. Baca,
Deputy Assistant Secretary, Land and Minerals Management.
0
For the reasons set forth in the preamble, we are amending 30 CFR Parts
740, 761, 773, 795, 816, 817, 840, 842, 870, and 884 as set forth
below.
PART 740--GENERAL REQUIREMENTS FOR SURFACE COAL MINING AND
RECLAMATION OPERATIONS ON FEDERAL LANDS
0
1. The authority citation for Part 740 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq. and 30 U.S.C. 181 et seq.
0
2. In Sec. 740.11, add paragraphs (a)(1) and (a)(2) to read as
follows:
Sec. 740.11 Applicability.
(a) * * *
(1) Coal exploration operations on Federal lands not subject to 43
CFR part 3400, and
(2) Surface coal mining and reclamation operations taking place on
any Federal lands as defined in Sec. 700.5 of this chapter, and lands
(except Indian lands) over leased or unleased Federal minerals.
* * * * *
PART 761--AREAS DESIGNATED BY ACT OF CONGRESS
0
3. The authority citation for Part 761 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
Sec. 761.16 [Amended]
0
4. In paragraph (g) of Sec. 761.16, remove the citation ``Sec.
773.13(d)'' and add in its place the citation ``Sec. 773.6(d)''.
PART 773--REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING
0
5. The authority citation for part 773 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq., 16 U.S.C. 470 et seq., 16
U.S.C. 661 et seq., 16 U.S.C. 703 et seq., 16 U.S.C. 668a et seq.,
16 U.S.C. 469 et seq., and 16 U.S.C. 1531 et seq.
0
6. In Sec. 773.6, revise paragraph (c)(4) to read as follows:
Sec. 773.6 Public participation in permit processing.
* * * * *
(c) * * *
(4) Informal conferences held in accordance with this section may
be used by the regulatory authority as the public hearing required
under Sec. 761.14(c) of this chapter on proposed relocation or closing
of public roads.
* * * * *
0
7. In Sec. 773.9, revise the section heading to read as follows:
Sec. 773.9 Review of applicant and operator information.
* * * * *
0
8. In Sec. 773.22, revise paragraph (a) introductory text to read as
follows:
Sec. 773.22 Notice requirements for improvidently issued permits.
(a) We, the regulatory authority, must serve you, the permittee,
with a written notice of proposed suspension or rescission, together
with a statement of the reasons for the proposed suspension or
rescission, if--
* * * * *
PART 795--PERMANENT REGULATORY PROGRAM--SMALL OPERATOR ASSISTANCE
PROGRAM
0
9. The authority citation for Part 795 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
10. In Sec. 795.4, revise the last sentence to read as follows:
Sec. 795.4 Information collection.
* * * Send comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for
reducing the burden, to the Office of Surface Mining Reclamation and
Enforcement, Information Collection Clearance Officer (MS-202), 1951
Constitution Avenue, NW., Washington, DC 20240.
PART 816--PERMANENT PROGRAM PERFORMANCE STANDARDS--SURFACE MINING
ACTIVITIES
0
11. The authority citation for Part 816 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
Sec. 816.46 [Amended]
0
12. In Sec. 816.46, lift the suspension of paragraph (b)(2), remove
paragraph (b)(2), and redesignate paragraphs (b)(3) through (b)(6) as
(b)(2) through (b)(5), respectively.
PART 817--PERMANENT PROGRAM PERFORMANCE STANDARDS--UNDERGROUND
MINING ACTIVITIES
0
13. The authority citation for Part 817 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
Sec. 817.15 [Amended]
0
14. In Sec. 817.15, remove the citation ``30 CFR 75.1771'' and add in
its place the citation ``30 CFR 75.1711''.
Sec. 817.46 [Amended]
0
15. In Sec. 817.46, lift the suspension of paragraph (b)(2), remove
paragraph (b)(2), and redesignate paragraphs (b)(3) through (b)(6) as
(b)(2) through (b)(5), respectively.
[[Page 60276]]
PART 840--STATE REGULATORY AUTHORITY; INSPECTION AND ENFORCEMENT
0
16. The authority citation for Part 840 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq., unless otherwise noted.
0
17. In Sec. 840.10, revise the last sentence of paragraph (b) to read
as follows:
Sec. 840.10 Information collection.
* * * * *
(b) * * * Send comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for
reducing the burden, to the Information Collection Clearance Officer
(MS-202), 1951 Constitution Ave, NW., Washington, DC 20240.
0
18. In Sec. 840.13, revise paragraph (b) to read as follows:
Sec. 840.13 Enforcement authority.
* * * * *
(b) The enforcement provisions of each State program shall contain
sanctions which are no less stringent than those set forth in section
521 of the Act and shall be consistent with Sec. Sec. 843.11, 843.12,
843.13, and subchapters G and J of this chapter.
* * * * *
PART 842--FEDERAL INSPECTIONS AND MONITORING
0
19. The authority citation for Part 842 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
Sec. 842.11 [Amended]
0
20. Amend Sec. 842.11 as follows:
0
a. Amend paragraph (b)(1)(ii)(B)(1) by removing the reference
``(b)(i)(iii)'' and adding in its place ``(b)(1)(iii)'', and
0
b. Amend paragraph (b)(1)(ii)(B)(4) by indenting each subparagraph (i)
through (iv) and capitalizing the first words of each, and in paragraph
(b)(1)(ii)(B)(4)(iv) by removing the words ``section 525(c) or 525(c)''
and adding in their place the words ``section 525(c) or 526(c)''.
PART 870--ABANDONED MINE RECLAMATION FUND--FEE COLLECTION AND COAL
PRODUCTION REPORTING
0
21. The authority citation for Part 870 continues to read as follows:
Authority: 28 U.S.C. 1746, 30 U.S.C. 1201 et seq. and Pub. L.
105-277.
0
22. In Sec. 870.20, revise the sixth sentence of the introductory text
to read as follows:
Sec. 870.20 How to calculate excess moisture in LOW-rank coals.
* * * A copy of the ASTM standards is available for inspection at
the Office of Surface Mining Reclamation and Enforcement,
Administrative Record, Room 101, 1951 Constitution Avenue, NW.,
Washington, DC, or at the National Archives and Records Administration
(NARA). * * *
* * * * *
PART 884--STATE RECLAMATION PLANS
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23. The authority citation for Part 884 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
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24. In Sec. 884.13, revise paragraph (b) to read as follows:
Sec. 884.13 Content of proposed State reclamation plan.
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(b) A legal opinion from the State Attorney General or the chief
legal officer of the State agency that the designated agency has the
authority under State law to conduct the program in accordance with the
requirements of Title IV of the Act.
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[FR Doc. 2010-24371 Filed 9-28-10; 8:45 am]
BILLING CODE 4310-05-P