[Federal Register Volume 77, Number 133 (Wednesday, July 11, 2012)]
[Rules and Regulations]
[Pages 40796-40798]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16940]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 950

[SATS No: WY-042-FOR; Docket ID OSM-2012-0001]


Wyoming Regulatory Program

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 removing a disapproval codified in OSM regulations 
concerning a 1986 proposed amendment to the enforcement provisions of 
the Wyoming regulatory program (the Wyoming program) under the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The 
disapproval is no longer necessary because Wyoming subsequently 
submitted and obtained approval of replacement regulations.

DATES: Effective Date: July 11, 2012.

FOR FURTHER INFORMATION CONTACT: Jeffrey W. Fleischman, Telephone: 
(307) 261-6550, Email address: jfleischman@osmre.gov.

SUPPLEMENTARY INFORMATION: 

I. Discussion of Final Rule
II. Procedural Determinations

I. Discussion of Final Rule

    By letter dated March 5, 2010 (SATS number: WY-042-FOR, 
Administrative Record Docket ID No. OSM-2012-0001), Wyoming requested 
that we remove the disapproval at 30 CFR 950.12(a)(12) of the proposed 
1986 revisions to Chapter XVII of the rules and regulations of the 
Wyoming Department of Environmental Quality (WDEQ), Land Quality 
Division (LQD). Wyoming requests that we remove the disapproval because 
the state believes that retention of the disapproval is inconsistent 
with our subsequent approval of replacement rules for the disapproved 
amendment.
    On May 1, 1986, the Wyoming Department of Environmental Quality 
(WDEQ), Land Quality Division (LQD) submitted proposed amendments to 
its approved regulatory program under SMCRA. The revisions to Chapter 
XVII of the LQD Rules and Regulations proposed to incorporate the 
concept of ``minor violations'' into the rules on inspection and 
enforcement. The inspector could cite minor violations in inspection 
reports rather than through issuance of the more standard notice of 
violation form.
    However, we found that the proposed amendment to Chapter XVII did 
not provide for adequate enforcement of the approved Wyoming program 
and therefore was less effective than the Federal regulations. 
Specifically, the Director found that the proposed amendment was ``not 
adequately limited to violations which are only minor,'' did not 
``ensure that operators who repeatedly incur minor infractions or who 
do not abate the minor infractions in a timely manner will be formally 
cited,'' and did not ``ensure that minor infractions beyond some 
specified threshold number will be considered for purposes of 
determining a pattern of violations'' (51 FR 42209, 42216, November 24, 
1986). We subsequently disapproved ``[a]ll revisions to Chapter XVII, 
which would have introduced a new enforcement scheme.'' See 30 CFR 
950.12(a)(12) and 51 FR 42209, November 24, 1986.
    On March 31, 1989, the WDEQ submitted additional proposed revisions 
to Chapter XVII to resolve the issues resulting in the disapproval of 
the 1986 amendment concerning that chapter. We subsequently approved 
the proposed revisions, finding that the ``proposed rule is consistent 
with and no less stringent than the requirements of SMCRA and the 
regulations adopted pursuant to SMCRA regarding enforcement.'' See 55 
FR 30221, 30230, July 25, 1990. In our 1990 approval, we stated that 
``[e]xamples of minor violations that will be identified in the 
inspection report, but may or may not be subject to formal notice of 
violation, are listed in chapter XVII, section 2(f)(i) through 
(f)(ix).'' We also specified that ``[o]nly those violations listed at 
that section may be noted in an inspection report'' and ``[a] formal 
notice of violation will be issued for all other violations.'' See 55 
FR 30221, 30229.
    Our approval in 1990 of Wyoming's 1989 proposed amendment to its 
enforcement rules meant that the disapproval at 30 CFR 950.12(a)(12) of 
the 1986 proposed amendment that the 1989 amendment replaced became 
moot. At Wyoming's request, we are removing 30 CFR 950.12(a)(12) in 
this final rule.
    Removal of our disapproval of the 1986 proposed amendment does not 
alter the terms of our decisions on either the 1986 or the 1989 
proposed amendments. Wyoming's March 5, 2010, letter confirms that the 
state has implemented and will continue to implement subsection 2(f) of 
its enforcement rules in a manner consistent with our 1990 approval of 
the 1989 proposed amendment. In other words, only those infractions 
listed in subsection 2(f) may be considered minor violations. All other 
violations will be cited by issuing a formal notice of violation.

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 a now-moot provision concerning a proposed 
amendment to the Wyoming program that has since been replaced with a 
subsequent program amendment.

[[Page 40797]]

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--Regulatory Planning and Review

    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 a now-moot provision concerning a 
proposed amendment to the Wyoming program that has since been replaced 
with a subsequent program amendment. 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 a now-moot provision concerning a 
proposed amendment to the Wyoming program that has since been replaced 
with a subsequent program amendment. 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 a now-moot provision 
concerning a proposed amendment to the Wyoming program that has since 
been replaced with a subsequent program amendment. 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.
    (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 a now-moot provision concerning a proposed amendment 
to the Wyoming program that has since been replaced with a subsequent 
program amendment. 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--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 a now-moot provision concerning 
a 1986 proposed amendment to the Wyoming regulatory program 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 a 
now-moot provision concerning a proposed amendment to the Wyoming 
program that has since been replaced with a subsequent program 
amendment. 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.''

[[Page 40798]]

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: April 27, 2012.
Allen D. Klein,
Regional 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. In Sec.  950.12:
0
a. Remove ``; and'' from paragraph (a)(11) and add a period in its 
place; and
0
b. Remove paragraph (a)(12).

[FR Doc. 2012-16940 Filed 7-10-12; 8:45 am]
BILLING CODE 4310-05-P