[Federal Register Volume 75, Number 189 (Thursday, September 30, 2010)]
[Proposed Rules]
[Pages 60373-60375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24601]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 918

[SATS No. LA-023-FOR; Docket ID: OSM-2010-0005]


Louisiana Regulatory Program/Abandoned Mine Land Reclamation Plan

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are announcing receipt of a proposed amendment to the Louisiana 
regulatory program (Louisiana program) and the Louisiana abandoned mine 
land reclamation plan (Louisiana plan) under the Surface Mining Control 
and Reclamation Act of 1977 (SMCRA or the Act). The proposed amendment 
consists of revisions, additions, and deletions of regulations 
pertaining to definitions; lands eligible for remining; general 
provisions for review of permit application information and entry of 
information into AVS; review of applicant, operator, and ownership and 
control information; review of permit history; review of compliance 
history; permit eligibility determination; unanticipated events or 
conditions at remining sites; eligibility for provisionally issued 
permits; written findings for permit application approval; initial 
review and finding requirements for improvidently issued permits; 
suspension or rescission requirements for improvidently issued permits; 
who may challenge ownership or control listings and findings; how to 
challenge an ownership or control listing or finding; burden of proof 
for ownership or control challenges; written agency decision on 
challenges to ownership or control listings or findings; post-permit 
issuance requirements for regulatory authorities and other actions 
based on ownership, control, and violation information; post-permit 
issuance information requirements for permittees; transfer, assignment, 
or sale of permit rights; certifying and updating existing permit 
application information; providing applicant and operator information; 
providing permit history information; providing violation information; 
backfilling and grading: previously mined areas; and cessation orders; 
and contractor eligibility. The amendment is intended to revise the 
Louisiana program to be no less effective than the corresponding 
Federal regulations and the Louisiana plan to be consistent with the 
Federal regulations.
    This document gives the times and locations that the Louisiana 
program, Louisiana plan, and this proposed amendment are available for 
your inspection, the comment period during which you may submit written 
comments on the amendment, and the procedures that we will follow for 
the public hearing, if one is requested.

DATES: We will accept written comments on this amendment until 4 p.m., 
c.d.t., November 1, 2010. If requested, we will hold a public hearing 
on the amendment on October 25, 2010. We will accept requests to speak 
at a hearing until 4 p.m., c.d.t. on October 15, 2010.

ADDRESSES: You may submit comments, identified by SATS No. LA-023-FOR, 
by any of the following methods:
     E-mail: [email protected]. Include ``SATS No. LA-023-FOR'' 
in the subject line of the message.
     Mail/Hand Delivery: Sherry Wilson, Director, Birmingham 
Field Office, Office of Surface Mining Reclamation and Enforcement, 135 
Gemini Circle, Suite 215, Homewood, Alabama 35209.
     Fax: (205) 290-7280.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. For detailed instructions on 
submitting comments and additional information on the rulemaking 
process, see the ``Public Comment Procedures'' heading of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to review copies of the Louisiana 
program, Louisiana plan, this amendment, a listing of any scheduled 
public hearings, and all written comments received in response to this 
document, you must go to the address listed below during normal 
business hours, Monday through Friday, excluding holidays. You may 
receive one free copy of the amendment by contacting OSM's Birmingham 
Field Office or going to http://www.regulations.gov.
    Sherry Wilson, Director, Birmingham Field Office, Office of Surface 
Mining

[[Page 60374]]

Reclamation and Enforcement, 135 Gemini Circle, Suite 215, Homewood, 
Alabama 35209, Telephone: (205) 290-7282, E-mail: [email protected].
    In addition, you may review a copy of the amendment during regular 
business hours at the following location: Inspection and Mining 
Division, Louisiana Department of Natural Resources, Office of 
Conservation, 617 North 3rd Street, 8th Floor, Baton Rouge, Louisiana 
70802, Telephone: (225) 342-5515.

FOR FURTHER INFORMATION CONTACT: Sherry Wilson, Director, Birmingham 
Field Office, Telephone: (205) 290-7282. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Louisiana Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

I. Background on the Louisiana Program

    Section 503(a) of the Act permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that 
its program includes, among other things, ``a State law which provides 
for the regulation of surface coal mining and reclamation operations in 
accordance with the requirements of this Act * * *; and rules and 
regulations consistent with regulations issued by the Secretary 
pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On the basis 
of these criteria, the Secretary of the Interior conditionally approved 
the Louisiana program effective October 10, 1980. You can find 
background information on the Louisiana program, including the 
Secretary's findings, the disposition of comments, and the conditions 
of approval of the Louisiana program in the October 10, 1980, Federal 
Register (45 FR 67340). You can also find later actions concerning the 
Louisiana program and program amendments at 30 CFR 918.10, 918.15, and 
918.16.
    The Abandoned Mine Land Reclamation Program was established by 
Title IV of the Act in response to concerns over extensive 
environmental damage caused by past coal mining activities. The program 
is funded by a reclamation fee collected on each ton of coal that is 
produced. The money collected is used to finance the reclamation of 
abandoned coal mines and for other authorized activities. Section 405 
of the Act allows States and Indian Tribes to assume exclusive 
responsibility for reclamation activity within the State or on Indian 
lands if they develop and submit to the Secretary of the Interior for 
approval, a program (often referred to as a plan) for the reclamation 
of abandoned coal mines. On the basis of these criteria, the Secretary 
of the Interior approved the Louisiana plan on November 10, 1986. You 
can find background information on the Louisiana plan, including the 
Secretary's findings, the disposition of comments, and the approval of 
the plan in the November 10, 1986, Federal Register (51 FR 40795). You 
can find later actions concerning the Louisiana plan and amendments to 
the plan at 30 CFR 918.25.

II. Description of the Proposed Amendment

    By letter dated March 4, 2010 (Administrative Record No. LA-369), 
Louisiana submitted a proposed amendment to its program and plan 
pursuant to SMCRA. Louisiana submitted the proposed amendment in 
response to a September 30, 2009, letter (Administrative Record No. LA-
368) that OSM sent to Louisiana in accordance with 30 CFR 732.17(c) and 
included a section related to its plan on its own initiative. Below is 
a summary of the changes proposed by Louisiana. The full text of the 
program and plan amendment is available for you to read at the 
locations listed above under ADDRESSES.

A. Section 105. Definitions

    1. Louisiana proposes to add the definition for Applicant/Violator 
System or AVS.
    2. Louisiana proposes to add the definition for Control or 
controller.
    3. Louisiana proposes to delete the definition for Knowingly.
    4. Louisiana proposes to add the definition for Knowing or 
knowingly.
    5. Louisiana proposes to delete the definition for Owned or 
Controlled and Owns or Controls.
    6. Louisiana proposes to add the definition for Own, owner, or 
ownership.
    7. Louisiana proposes to revise the definition for Transfer, 
Assignment or Sale of Rights.
    8. Louisiana proposes to add the definition for Violation.
    9. Louisiana proposes to add the definition for Willful or 
willfully.
    10. Louisiana proposes to delete the definition for Willfully.
    11. Louisiana proposes to delete the definition for Willful 
Violation.

B. Section 2913. Lands Eligible for Remining

    Louisiana proposes to add this section to closely follow 30 CFR 
785.25.

C. Section 3113. Review of Permit Application

    Louisiana proposes to revise this section to closely follow 30 CFR 
773.8-773.13 by:
    (1) Replacing paragraphs C, D, E, and F with new paragraphs C, D, 
E, and F, and by
    (2) adding paragraphs G and H.

D. Section 3114. Eligibility for Provisionally Issued Permits

    Louisiana proposes to add new paragraphs A, B, and C to closely 
follow 30 CFR 773.14.

E. Section 3115. Criteria for Permit Approval or Denial

    Louisiana proposes to add paragraphs A. 17, A. 18, and A. 19 to 
closely follow 30 CFR 773.15.

F. Section 3127. Improvidently Issued Permits: General Procedures

    Louisiana proposes to replace paragraphs A, B, and C, with new 
paragraphs A, B, C, D, and E to closely follow 30 CFR 733.21.

G. Section 3129. Improvidently Issued Permits: Rescission Procedures

    Louisiana proposes to revise this section to closely follow 30 CFR 
773.23 by:
    (1) Revising the title by adding ``Suspension or,'' and by
    (2) revising paragraph A via several editorial changes.

H. Section 3131. Challenges to Ownership or Control Listings and 
Findings

    Louisiana proposes to add this section to closely follow 30 CFR 
773.25.

I. Section 3133. Challenging an Ownership or Control Listing or Finding

    Louisiana proposes to add this section to closely follow 30 CFR 
773.26.

J. Section 3135. Burden of Proof for Ownership or Control Challenges

    Louisiana proposes to add this section to closely follow 30 CFR 
773.27.

K. Section 3137. Written Decision on Challenges to Ownership or Control 
Listings or Findings

    Louisiana proposes to add this section to closely follow 30 CFR 
773.28.

L. Chapter 35. Permit Reviews and Renewals; Transfers, Sale and 
Assignment of Rights Granted under Permits

    Louisiana proposes to revise this chapter title by adding 
additional language to closely follow 30 CFR 774 title.

[[Page 60375]]

M. Section 3521. Post Permit Issuance Requirements for Regulatory 
Authorities and Other Actions Based on Ownership, Control, and 
Violation Information

    Louisiana proposes to add this section to closely follow 30 CFR 
774.11.

N. Section 3523. Post-Permit Issuance Information Requirements for 
Permittees

    Louisiana proposes to add this section to closely follow 30 CFR 
774.12.

O. Section 3517. Transfer, Assignment or Sale of Permit Rights: 
Obtaining Approval

    Louisiana proposes to amend paragraph C.1 to closely follow 30 CFR 
774.17.

P. Section 2304. Certifying and Updating Existing Permit Application 
Information

    Louisiana proposes to add this section to closely follow 30 CFR 
778.9.

Q. Section 2305. Identification of Interests

    Louisiana proposes to amend paragraphs A.1, A.2, A.3, and A.4 to 
closely follow 30 CFR 778.11.

R. Section 2307. Compliance Information

    Louisiana proposes to amend paragraphs A.1 and A.3 to closely 
follow 30 CFR 778.14.

S. Section 5414. Backfilling and Grading: Previously Mined Areas

    Louisiana proposed to add this section to closely follow 30 CFR 
816.106.

T. Section 6501. Cessation Orders

    Louisiana proposes to amend paragraph G to closely follow 30 CFR 
843.11.

U. Section 8509. Contractor Eligibility

    Louisiana proposed to add this section to closely follow 30 CFR 
874.16.

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking your 
comments on whether the amendment satisfies the applicable program 
approval criteria of 30 CFR 732.15. If we approve the amendment, it 
will become part of the State program.
    Under the provisions of 30 CFR 884.15(a), we are requesting 
comments on whether the amendment satisfies the applicable State 
reclamation plan approval criteria of 30 CFR 884.14. If we approve the 
amendment, it will become part of the Louisiana plan.

Electronic or Written Comments

    If you submit written comments, they should be specific, confined 
to issues pertinent to the proposed regulations, and explain the reason 
for any recommended change(s). We appreciate any and all comments, but 
those most useful and likely to influence decisions on the final 
regulations will be those that either involve personal experience or 
include citations to and analyses of SMCRA, its legislative history, 
its implementing regulations, case law, other pertinent State or 
Federal laws or regulations, technical literature, or other relevant 
publications.
    We cannot ensure that comments received after the close of the 
comment period (see DATES) or sent to an address other than those 
listed (see ADDRESSES) will be included in the docket for this 
rulemaking and considered.

Public Availability of Comments

    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., c.d.t. on 
October 15, 2010. If you are disabled and need reasonable 
accommodations to attend a public hearing, contact the person listed 
under FOR FURTHER INFORMATION CONTACT. We will arrange the location and 
time of the hearing with those persons requesting the hearing. If no 
one requests an opportunity to speak, we will not hold a hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at the public hearing 
provide us with a written copy of his or her comments. The public 
hearing will continue on the specified date until everyone scheduled to 
speak has been given an opportunity to be heard. If you are in the 
audience and have not been scheduled to speak and wish to do so, you 
will be allowed to speak after those who have been scheduled. We will 
end the hearing after everyone scheduled to speak and others present in 
the audience who wish to speak, have been heard.

Public Meeting

    If only one person requests an opportunity to speak, we may hold a 
public meeting rather than a public hearing. If you wish to meet with 
us to discuss the amendment, please request a meeting by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings 
are open to the public and, if possible, we will post notices of 
meetings at the locations listed under ADDRESSES. We will make a 
written summary of each meeting a part of the administrative record.

IV. Procedural Determinations

Executive Order 12866--Regulatory Planning and Review

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866.

Other Laws and Executive Orders Affecting Rulemaking

    When a State submits a program amendment to OSM for review, our 
regulations at 30 CFR 732.17(h) require us to publish a notice in the 
Federal Register indicating receipt of the proposed amendment, its text 
or a summary of its terms, and an opportunity for public comment. We 
conclude our review of the proposed amendment after the close of the 
public comment period and determine whether the amendment should be 
approved, approved in part, or not approved. At that time, we will also 
make the determinations and certifications required by the various laws 
and executive orders governing the rulemaking process and include them 
in the final rule.

List of Subjects in 30 CFR Part 918

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: April 7, 2010.
William Joseph,
Acting Regional Director, Mid-Continent Region.
[FR Doc. 2010-24601 Filed 9-29-10; 8:45 am]
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