Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2013-07-19.xml --- 78 139 Friday, July 19, 2013 Contents Agency Toxic Agency for Toxic Substances and Disease Registry NOTICES Proposed Substances to be Evaluated for Set 27 Toxicological Profiles, 43205-43206 2013-17355 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 43206-43208 2013-17295 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare and Medicaid Programs: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; Hospital Value-Based Purchasing Program, etc., 43534-43707 2013-16555 Medicare Programs: Revisions to Payment Policies under the Physician Fee Schedule, Clinical Laboratory Fee Schedule and Other Revisions to Part B for CY 2014, 43282-43532 2013-16547 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 43208-43209 2013-17331 Coast Guard Coast Guard RULES Drawbridge Operations: Arthur Kill, NY, 43063-43064 2013-17321 Safety Zones: Maritime Heritage Festival Fireworks, St. Helens, OR, 43064-43066 2013-17311 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 43140 2013-17274 2013-17299 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 43180 2013-17372 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43275-43277 2013-17383 2013-17384 Copyright Royalty Board Copyright Royalty Board PROPOSED RULES Determination of Rates and Terms for Business Establishment Services, 43094-43096 2013-17243 Defense Department Defense Department See Navy Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 43180-43183 2013-17368 2013-17373 2013-17374 2013-17376 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulation; Bankruptcy, 43205 2013-17390 Federal Acquisition Regulation; Contract Funding, Limitation of Costs/Funds, 43203-43205 2013-17389 Environmental Assessments; Availability, etc.: Sharpe Permit Relinquishment Project, 43183-43184 2013-17377 Meetings: Defense Business Board; Cancellation, 43184 2013-17369 National Commission on the Structure of the Air Force, 43184-43185 2013-17402 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality Implementation Plans;

Approvals and Promulgations: Connecticut; Redesignation of Connecticut Portion of the New York-New Jersey-Connecticut Nonattainment Area to Attainment, etc., 43096-43115 2013-17430 Pesticide Petitions: Residues of Pesticide Chemicals in or on Various Commodities, 43115-43118 2013-17378 NOTICES Environmental Impact Statements; Availability, etc., 43200 2013-17424 Proposed Settlement Agreements under the Clean Air Act Citizen Suit, 43200-43201 2013-17436 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration PROPOSED RULES Technical Operations Safety Action Program and Air Traffic Safety Action Program, 43091-43093 2013-17401 Federal Communications Federal Communications Commission PROPOSED RULES Allegations of Anticompetitive Behavior in Satellite Industry, 43118-43122 2013-17395 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 43275-43276 2013-17384 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 43201-43202 2013-17417 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43186-43187 2013-17286 Applications: Birch Power Co., 43189-43190 2013-17289 DCP Midstream, LP, 43190 2013-17291 Erie Boulevard Hydropower, LP, 43188-43189 2013-17288 PacifiCorp;

St. Anthony Hydro, LLC, 43187-43188 2013-17287 Combined Filings, 43190-43197 2013-17306 2013-17333 2013-17334 2013-17335 2013-17336 2013-17367 2013-17379 2013-17381 Compliance Filings: Duke Energy Florida, Inc., Florida Power and Light Co., Tampa Electric Co., Orlando Utilities Commission, 43197 2013-17285 Electric Quarterly Report Filing Process; Revisions: Sandbox Electronic Test Site, 43197-43198 2013-17307 Filings: Watson Cogeneration Co., 43198 2013-17283 Meetings: Flexible and Local Resources Needed for Reliability in the California Wholesale Electric Market, 43198-43200 2013-17290 Federal Maritime Federal Maritime Commission NOTICES Ocean Transportation Intermediary License Applicants, 43202 2013-17308 Ocean Transportation Intermediary License Revocations and Terminations, 43203 2013-17309 Federal Motor Federal Motor Carrier Safety Administration NOTICES Use of Wireless Mobile Data Devices as Transponders for Commercial Motor Vehicle Information Systems and Networks Electronic Screening Systems, 43262-43263 2013-17418 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 43203 2013-17357 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: 6-Month Extension of Final Determinations on the Proposed Endangered Status and Proposed Designation of Critical Habitat for Gunnison Sage-Grouse, 43123-43124 2013-16812 Endangered Status for the Sierra Nevada Yellow-legged Frog and the Northern Distinct Population Segment of the Mountain Yellow-legged Frog, and Threatened Status for the Yosemite Toad, 43122-43123 2013-17197 Food and Drug Food and Drug Administration PROPOSED RULES Color Additive Petitions:

Sensient Technologies Corp.; Withdrawal, 43093 2013-17382 Food Additive Petitions; Citizen Petitions: Richard C. Theuer; Carrageenan and Salts of Carrageenan in Infant Formula, 43093-43094 2013-17330 NOTICES Meetings: Patient-Focused Drug Development for Narcolepsy, 43209-43210 2013-17327 New Drug Applications: Bracco Diagnostics, et al.; Withdrawals, 43210-43214 2013-17324 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 43277-43278 2013-17135 Publication of Iran General License D, 43278-43279 2013-17359 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activities:

Foreign-Trade Zone 93, Raleigh-Durham, NC; Southern Lithoplate, Inc., 43141 2013-17388 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulation; Bankruptcy, 43205 2013-17390 Federal Acquisition Regulation; Contract Funding, Limitation of Costs/Funds, 43203-43205 2013-17389 Health and Human Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard See U.S.

Customs and Border Protection Housing Housing and Urban Development Department PROPOSED RULES Affirmatively Furthering Fair Housing, 43710-43743 2013-16751 NOTICES Federal Property Suitable as Facilities to Assist the Homeless, 43221-43223 2013-17161 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office International Trade Adm International Trade Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Implementation of Tariff Rate Quota Established under the Trade and Development Act for Imports of Certain Worsted Wool Fabric, 43141-43142 2013-17301 Antidumping Duty Reviews; Results, Extensions, Amendments, etc.: Lightweight Thermal Paper from the People's Republic of China, 43142-43143 2013-17386 Sales at Less Than Fair Value and Antidumping Duty Orders; Results, Extensions, Amendments, etc.: Xanthan Gum from the People's Republic of China, 43143-43145 2013-17380 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, Rulings, etc.: Xanthan Gum from Austria and China, 43226-43227 2013-17344 Justice Department Justice Department See Justice Programs Office Justice Programs Justice Programs Office NOTICES Meetings: Public Safety Officer Medal of Valor Review Board, 43227 2013-17329 Labor Department Labor Department See Labor Statistics Bureau Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43227-43228 2013-17351 Land Land Management Bureau NOTICES Environmental Impact Statements;

Availability, etc.: Proposed Sun Valley to Morgan Transmission Line Project and Bradshaw-Harquahala Resource Management Plan Amendment, AZ, 43224-43225 2013-17226 Sonoran Valley Parkway, Maricopa County, AZ, 43223-43224 2013-17265 Meetings: Utah Resource Advisory Council, 43225-43226 2013-17356 Library Library of Congress See Copyright Royalty Board NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Federal Acquisition Regulation; Bankruptcy, 43205 2013-17390 Federal Acquisition Regulation; Contract Funding, Limitation of Costs/Funds, 43203-43205 2013-17389 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43228-43244 2013-17337 2013-17338 2013-17339 2013-17340 2013-17341 2013-17342 2013-17343 2013-17345 2013-17346 2013-17347 2013-17349 2013-17350 2013-17352 2013-17353 2013-17354 Meetings;

Sunshine Act, 43244 2013-17536 National Institute National Institute of Standards and Technology NOTICES Approval of Federal Information Processing Standard 186-4, Digital Signature Standard, 43145 2013-17396 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Agricultural Health Study; A Prospective Cohort Study of Cancer and Other Disease Among Men and Women in Agriculture, 43215-43216 2013-17362 Evaluation of Kidney Disease Education and Awareness Program in the Hispanic Community, 43214-43215 2013-17365 Government-Owned Inventions;

Availability for Licensing, 43216-43218 2013-17319 Meetings: Center for Scientific Review, 43218 2013-17320 Kidney Interagency Coordinating Committee, 43218 2013-17360 Prospective Grant of Exclusive Licenses: Live Attenuated Dengue Tetravalent Vaccine Containing a Common 30 Nucleotide Deletion in the 3'-UTR of Dengue Types 1, 2, 3, and 4, 43219-43220 2013-17318 National Oceanic National Oceanic and Atmospheric Administration RULES Magnuson-Stevens Act Provisions; National Standard 2—;Scientific Information, 43066-43090 2013-17422 PROPOSED RULES Fisheries off West Coast States:

Pacific Coast Groundfish Fishery Management Plan; etc., 43125-43139 2013-17162 NOTICES Endangered and Threatened Species: Take of Anadromous Fish, 43145-43146 2013-17397 Meetings: Fisheries of the South Atlantic; Southeast Data, Assessment and Review, 43147-43148 2013-17398 Fisheries of the South Atlantic; Southeast Data, Assessment, and Review, 43147 2013-17399 Gulf of Mexico Fishery Management Council, 43146 2013-17332 Takes of Marine Mammals Incidental to Specified Activities:

Barge Mooring Project, 43165-43180 2013-17405 Wharf Construction Project, 43148-43165 2013-17404 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Going-to-the-Sun Road Corridor Management Plan; Glacier National Park, MT, 43226 2013-17375 Navy Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43185-43186 2013-17400 Overseas Overseas Private Investment Corporation NOTICES Meetings;

Sunshine Act, 43244-43245 2013-17537 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Paperless Hazard Communications Pilot Program, 43263-43268 2013-17363 Special Permit Applications, 43268-43270 2013-17278 2013-17280 Special Permit Applications; Delayed, 43270-43271 2013-17277 Special Permit Modifications, 43271-43272 2013-17279 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 43245-43247 2013-17300 2013-17305 2013-17371 Postal Service Postal Service NOTICES Privacy Act;

Systems of Records, 43247-43249 2013-17325 Product Changes: Priority Mail Negotiated Service Agreement, 43249 2013-17322 2013-17323 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Government Agencies and Employees: National Service Expansion Through Partnerships To Advance Government Priorities (Memorandum of July 15, 2013), 43745-43749 2013-17602 Liberia, Former Regime of Charles Taylor; Continuation of National Emergency (Notice of July 17, 2013), 43751 2013-17605 Research Innovative Research and Innovative Technology Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Report of Passengers Denied Confirmed Space, 43272 2013-17281 Meetings: Intelligent Transportation Systems Program Advisory Committee, 43273 2013-17358 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43249-43251 2013-17313 2013-17315 Applications: Grosvenor Alternative Funds Master Trust, et al., 43251-43254 2013-17316 Meetings: Dodd-Frank Investor Advisory Committee, 43254 2013-17303 Self-Regulatory Organizations;

Proposed Rule Changes: Chicago Board Options Exchange, Inc., 43254-43258 2013-17312 State Department State Department NOTICES Privacy Act; Systems of Records, 43258-43261 2013-17391 Substance Substance Abuse and Mental Health Services Administration NOTICES Funding Opportunities; Fiscal Year 2013, 43220 2013-17269 2013-17276 Surface Mining Surface Mining Reclamation and Enforcement Office RULES Wyoming Regulatory Program, 43061-43063 2013-17366 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions:

Central of Georgia Railroad Co., Newton County, GA, 43273-43274 2013-17282 Acquisition Exemptions: Ramsey County Regional Railroad Authority; Right to Restore Rail Service Over a Railbanked Right-of-Way in Ramsey County, MN, 43274 2013-17275 Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Pipeline and Hazardous Materials Safety Administration See Research and Innovative Technology Administration See Surface Transportation Board NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Transportation Infrastructure Financing and Innovation Act Program, 43261-43262 2013-17406 Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43274-43275 2013-17326 Customs U.S. Customs and Border Protection NOTICES Meetings: Advisory Committee on Commercial Operations of Customs and Border Protection, 43220-43221 2013-17364 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 43282-43532 2013-16547 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 43534-43707 2013-16555 Part IV Housing and Urban Development Department, 43710-43743 2013-16751 Part V Presidential Documents, 43745-43749, 43751 2013-17602 2013-17605 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 78 139 Friday, July 19, 2013 Rules and Regulations 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. 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: *jfleischman@OSMRE.gov.* 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 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.

(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 1. The authority citation for part 950 continues to read as follows: Authority: 30 U.S.C. 1201 *et seq.* 2. Revised § 950.12 to read as follows: § 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] § 950.16 [Amended] 3. In § 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]

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