[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Rules and Regulations]
[Pages 30008-30010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12747]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 901

[SATS No. AL-076-FOR; Docket ID: OSM-2010-0020]


Alabama Regulatory Program

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

ACTION: Final rule; approval of amendment.

-----------------------------------------------------------------------

SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are approving an amendment to the Alabama regulatory program 
(Alabama program) under the Surface Mining Control and Reclamation Act 
of 1977 (SMCRA or the Act). Alabama revised its regulations regarding 
their license fees, annual license updates, and blaster certification 
fees. Alabama revised its program to improve operational efficiency.

DATES: Effective Date: May 24, 2011.

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

SUPPLEMENTARY INFORMATION:

I. Background on the Alabama Program
II. Submission of the Amendment
III. OSM's Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Procedural Determinations

I. Background on the Alabama 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 Alabama program effective May 20, 1982. You can find background 
information on the Alabama program, including the Secretary's findings, 
the disposition of comments, and the conditions of approval of the 
Alabama program in the May 20, 1982, Federal Register (47 FR 22057). 
You can also find later actions concerning the Alabama program and 
program amendments at 30 CFR 901.10, 901.15, and 901.16.

II. Submission of the Amendment

    By letter dated October 28, 2010 (Administrative Record No. AL-
0662), Alabama sent us amendments to its program under SMCRA (30 U.S.C. 
1201 et seq.). Alabama's revised mining regulations are found at 
Alabama Rule 880-X-6A-.07 License Fees; Alabama Rule 880-X-6A-.08 
Annual License Updates; and Alabama Rule 880-X-12A-.09 Fees.
    We announced receipt of Alabama's proposed amendment in the 
February 22, 2011, Federal Register (76 FR 9700). In the same document, 
we opened the public comment period and provided an opportunity for a 
public hearing or meeting on the adequacy of the amendment. We did not 
hold a public hearing or meeting because no one requested one. The 
public comment period ended on March 24, 2011. We did not receive any 
public comments.

III. OSM's Findings

    We are approving the amendment as described below. The following 
are the findings we made concerning the amendments under SMCRA and the 
Federal regulations at 30 CFR 732.15 and 732.17. The full text of 
Alabama's program amendment is available for you to read at http://www.regulations.gov.

A. Alabama Rule 880-X-6A-.07 License Fees

    Alabama increased its license fee to $2,500.00 and deleted language 
regarding pre-existing license fees. There is no Federal counterpart to 
this section and we find the modifications are not inconsistent with 
the requirements of SMCRA or the Federal regulations. Therefore, we are 
approving it.

B. Alabama Rule 880-X-6A-.08 Annual License Updates

    Alabama revised this section by modifying the date of annual 
license updates. Alabama deleted the word ``renewal'' and replaced it 
with ``license update'' or ``update.'' Alabama increased its license 
update fees to $500.00. Alabama added new language detailing the 
penalty process for not submitting an annual license update form and 
applicable fees. There is no Federal counterpart to this section and we 
find that the modifications are not inconsistent with the requirements 
of SMCRA or the Federal regulations. Therefore, we are approving it.

C. Alabama Rule 880-X-12A-.09 Fees

    Alabama added a new section establishing a blaster certification 
fee of $100.00; a blaster certification renewal fee of $50.00; and a 
reciprocity fee of $50.00. There is no Federal counterpart to this 
section and we find the addition of this new section is not 
inconsistent with the requirements of SMCRA or the Federal regulations. 
Therefore, we are approving it.

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on Alabama's revised program 
amendments, but did not receive any.

[[Page 30009]]

Federal Agency Comments

    On November 26, 2010, under 30 CFR 732.17(h)(11)(i) and section 
503(b) of SMCRA, we requested comments on the amendment from various 
Federal agencies with an actual or potential interest in the Alabama 
program (Administrative Record No. AL-0662.01). We did not receive any 
comments.

Environmental Protection Agency (EPA) Concurrence and Comments

    Under 30 CFR 732.17(h)(11)(ii), we are required to get a written 
concurrence from EPA for those provisions of the program amendment that 
relate to air or water quality standards issued under the authority of 
the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean Air Act (42 
U.S.C. 7401 et seq.). None of the revisions that Alabama proposed to 
make in this amendment pertained to air or water quality standards. 
Therefore, we did not ask EPA to concur on the amendment. However, on 
November 26, 2010, under 30 CFR 732.17(h)(11)(i), we requested comments 
on the amendment from the EPA (Administrative Record No. AL-0662.01). 
The EPA did not respond to our request.

State Historical Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP)

    Under 30 CFR 732.17(h)(4), we are required to request comments from 
the SHPO and ACHP on amendments that may have an effect on historic 
properties. On November 26, 2010, we requested comments on the Alabama 
amendment (Administrative Record No. AL-0662.01), but neither responded 
to our request.

V. OSM's Decision

    Based on the above findings, we approve the amendment Alabama sent 
us on October 28, 2010. To implement this decision, we are amending the 
Federal regulations at 30 CFR Part 901, which codify decisions 
concerning the Alabama program. We find that good cause exists under 5 
U.S.C. 553(d)(3) to make this final rule effective immediately. Section 
503(a) of SMCRA requires that the State's program demonstrate that the 
State has the capability of carrying out the provisions of the Act and 
meeting its purposes. Making this rule effective immediately will 
expedite that process. SMCRA requires consistency of State and Federal 
standards.

VI. Procedural Determinations

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the Federal regulations.

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.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 and has determined that this rule 
meets the applicable standards of subsections (a) and (b) of that 
section. However, these standards are not applicable to the actual 
language of State regulatory programs and program amendments because 
each program is drafted and promulgated by a specific State, not by 
OSM. Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and 
the Federal regulations at 30 CFR 730.11, 732.15, and 732.17(h)(10) 
decisions on proposed State regulatory programs and program amendments 
submitted by the States must be based solely on a determination of 
whether the submittal is consistent with SMCRA and its implementing 
Federal regulations and whether the other requirements of 30 CFR parts 
730, 731, and 732 have been met.

Executive Order 13132--Federalism

    This rule does not have Federalism implications. SMCRA delineates 
the roles of the Federal and State governments with regard to the 
regulation of surface coal mining and reclamation operations. One of 
the purposes of SMCRA is to ``establish a nationwide program to protect 
society and the environment from the adverse effects of surface coal 
mining operations.'' Section 503(a)(1) of SMCRA requires that State 
laws regulating surface coal mining and reclamation operations be ``in 
accordance with'' the requirements of SMCRA, and section 503(a)(7) 
requires that State programs contain rules and regulations ``consistent 
with'' regulations issued by the Secretary pursuant to SMCRA.

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 rule does not have substantial direct 
effects on one or more Indian tribes, 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. 
This determination is based on the fact that the Alabama program does 
not regulate coal exploration and surface coal mining and reclamation 
operations on Indian lands. Therefore, the Alabama program has no 
effect on Federally-recognized Indian tribes.

Executive Order 13211--Regulations That Significantly Affect the 
Supply, Distribution, or Use of Energy

    On May 18, 2001, the President issued Executive Order 13211 which 
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 exempt from review 
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.

National Environmental Policy Act

    This rule does not require an environmental impact statement 
because section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that 
agency decisions on proposed State regulatory program provisions 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)).

Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 
3507 et seq.).

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.). 
The State submittal, which is the subject of this rule, is based upon 
counterpart Federal regulations for which an economic analysis was 
prepared and certification made that such regulations would not have a 
significant economic effect upon a substantial number of small 
entities. In making the determination as to whether this rule would 
have a significant economic impact, the Department relied

[[Page 30010]]

upon the data and assumptions for the Federal regulations.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not 
have an annual effect on the economy of $100 million; (b) Will not 
cause a major increase in costs or prices for consumers, individual 
industries, Federal, State, or local government agencies, or geographic 
regions; and (c) Does 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. This determination is based upon the fact that the State 
submittal, which is the subject of this rule, is based upon Federal 
regulations for which an analysis was prepared and a determination made 
that the Federal regulations were not considered major.

Unfunded Mandates

    This rule will not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of $100 million or more in any 
given year. This determination is based upon the fact that the State 
submittal, which is the subject of this rule, is based upon Federal 
regulations for which an analysis was prepared and a determination made 
that the Federal regulation did not impose an unfunded mandate.

List of Subjects in 30 CFR Part 901

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 25, 2011.
Ervin J. Barchenger,
Regional Director, Mid-Continent Region.

    For the reasons set out in the preamble, 30 CFR part 901 is amended 
as set forth below:

PART 901--ALABAMA

0
1. The authority citation for Part 901 continues to read as follows:

    Authority: 30 U.S.C. 1201 et seq.


0
2. Section 901.15 is amended in the table by adding a new entry in 
chronological order by ``Date of final publication'' to read as 
follows:


Sec.  901.15  Approval of Alabama regulatory program amendments.

* * * * *

------------------------------------------------------------------------
 Original amendment  submission     Date of final          Citation/
              date                   publication          description
------------------------------------------------------------------------
 
                              * * * * * * *
October 28, 2010...............  May 24, 2011.......  Sections 880-X-6A-
                                                       .07, 880-X-6A-
                                                       .08, and 880-X-
                                                       12A-.09.
------------------------------------------------------------------------

[FR Doc. 2011-12747 Filed 5-23-11; 8:45 am]
BILLING CODE 4310-05-P