[Federal Register Volume 77, Number 85 (Wednesday, May 2, 2012)]
[Rules and Regulations]
[Pages 25868-25872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10567]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 915

[Docket No. IA-016-FOR; Docket ID OSM-2011-0014]


Iowa Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are announcing our approval of a proposed amendment to the Iowa 
regulatory program (Iowa program) under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA or the Act). Iowa proposed to revise its 
regulatory program by updating its adoption by reference of applicable 
portions of 30 CFR part 700 to End from the July 1, 2002, version to 
the July 1, 2010, version. Additionally, Iowa proposed to revise its 
Program related to ownership and control by updating its dates and 
adding new citations. Iowa intends to revise its program to be no less 
effective than the corresponding Federal regulations.

DATES: Effective Date: May 2, 2012.

FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Chief, Alton Field 
Division. Telephone: (317) 226-6700.

SUPPLEMENTARY INFORMATION:

I. Background on the Iowa 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 Iowa 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 Iowa program effective April 10, 1981. You can find background 
information on the Iowa program, including the Secretary's findings, 
the disposition of comments, and the conditions of approval, in the 
January 21, 1981, Federal Register (46 FR 5885). You can also find 
later actions concerning the Iowa program and program amendments at 30 
CFR 915.10, 915.15, and 915.16.

II. Submission of the Amendment

    By letter dated August 25, 2011 (Administrative Record No. IA-451), 
Iowa sent us an amendment to its Program under SMCRA (30 U.S.C. 1201 et 
seq.). Iowa sent the amendment in

[[Page 25869]]

response to a September 30, 2009, letter we sent to Iowa in accordance 
with 30 CFR 732.17(c), concerning multiple changes to ownership and 
control requirements (Administrative Record No. IA-450.1). Iowa 
proposed to revise its regulatory program by updating its adoption by 
reference of applicable portions of 30 CFR 700 to End from the July 1, 
2002, version to the July 1, 2010, version.
    We announced receipt of the proposed amendment in the October 17, 
2011, Federal Register (76 FR 64043). 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 November 16, 2011. We did not receive any 
public comments.

III. OSM's Findings

    Following are the findings we made concerning the amendment under 
SMCRA and the Federal regulations at 30 CFR 732.15 and 732.17. We are 
approving the amendment, as described below. Any revisions that we do 
not specifically discuss below concern nonsubstantive wording or 
editorial changes.

Adoptions by Reference of 30 CFR Part 700 to End Revised as of July 1, 
2010

    Iowa updated its adoption by reference of applicable sections of 30 
CFR 700 to End from those in effect as of July 1, 2002, to those in 
effect as of July 1, 2010. Iowa also revised dates and added citations 
in its ownership and control requirement sections listed in the table 
below.

------------------------------------------------------------------------
                                                            Federal
  27 Iowa administrative code                             regulations
chapter 40, coal  mining rules          Topic              adopted by
          (IAC 27-40)                                    reference (30
                                                              CFR)
------------------------------------------------------------------------
27-40.1 (17A, 207)(1).........  Authority and scope..  Part 700.
27-40.3 (207).................  General..............  Part 700.
27-40.4 (207).................  Permanent regulatory   Parts 701 and
                                 program and            702.
                                 exemption for coal
                                 extraction
                                 incidental to the
                                 extraction of other
                                 minerals.
27-40.5 (207).................  Restrictions on        Part 705.
                                 financial interests
                                 of State employees.
27-40.6 (207).................  Exemptions for coal    Part 707.
                                 extraction incident
                                 to government--
                                 financed highway or
                                 other constructions.
27-40.7 (207).................  Protection of          Part 865.
                                 employees.
27-40.11 (207)................  Initial regulatory     Part 710.
                                 program.
27-40.12 (207)................  General performance    Part 715.
                                 standards--initial
                                 program.
27-40.13 (207)................  Special performance    Part 716.
                                 standards--initial
                                 program.
27-40.21 (207)(3) and (7).....  Areas designated by    Part 761.
                                 an Act of Congress.
27-40.22 (207)(1).............  Criteria for           Part 762.
                                 designating areas as
                                 unsuitable for
                                 surface coal mining
                                 operations.
27-40.23 (207)................  State procedures for   Part 764.
                                 designating areas
                                 unsuitable for
                                 surface coal mining
                                 operations.
27-40.30 (207)................  Requirements for coal  Part 772.
                                 exploration.
27-40.31 (207)(9), (10), and    Requirements for       Part 773.
 (11).                           permits and permit
                                 processing.
27-40.32 (207)(7).............  Revision or            Part 774.
                                 amendment; renewal;
                                 and transfer,
                                 assignment, or sale
                                 of permit rights.
27-40.33 (207)................  General content        Part 777.
                                 requirements for
                                 permit applications.
27-40.34 (207)................  Permit application--   Part 778.
                                 minimum requirements
                                 for legal,
                                 financial,
                                 compliance, and
                                 related information.
27-40.35 (207)................  Surface mining permit  Part 779.
                                 applications--minimu
                                 m requirements for
                                 information on
                                 environmental
                                 resources.
27-40.36 (207)(2).............  Surface mining permit  Part 780.
                                 applications--minimu
                                 m requirements for
                                 reclamation and
                                 operation plan.
27-40.37 (207)................  Underground mining     Part 783.
                                 permit applications--
                                 minimum requirements
                                 for information on
                                 environmental
                                 resources.
27-40.38 (207)(6).............  Underground mining     Part 784.
                                 permit applications--
                                 minimum requirements
                                 for reclamation and
                                 operation plan.
27-40.39 (207)(2) and (3).....  Requirements for       Part 785.
                                 permits for special
                                 categories of mining.
27-40.41 (207)................  Permanent regulatory   Part 795.
                                 program--small
                                 operator assistance
                                 program.
27-40.51 (207)................  Bond and insurance     Part 800.
                                 requirements for
                                 surface coal mining
                                 and reclamation
                                 operations under
                                 regulatory programs.
27-40.61 (207)................  Permanent program      Part 810.
                                 performance
                                 standards--general
                                 provisions.
27-40.62 (207)................  Permanent program      Part 815.
                                 performance
                                 standards--coal
                                 exploration.
27-40.63 (207)................  Permanent program      Part 816.
                                 performance
                                 standards--surface
                                 mining activities.
27-40.64 (207)................  Permanent program      Part 817.
                                 performance
                                 standards--undergrou
                                 nd mining activities.

[[Page 25870]]

 
27-40.65 (207)................  Special permanent      Part 819.
                                 program performance
                                 standards--auger
                                 mining.
27-40.66 (207)................  Special permanent      Part 823.
                                 program performance
                                 standards--operation
                                 s on prime farmland.
27-40.67 (207)................  Permanent program      Part 827.
                                 performance
                                 standards--coal
                                 preparation plants
                                 not located within
                                 the permit area of a
                                 mine.
27-40.71 (207)................  State regulatory       Part 840.
                                 authority--inspectio
                                 n and enforcement.
27-40.74 (207)................  Civil penalties......  Part 845.
27-40.75 (207)................  Individual civil       Part 846.
                                 penalties.
27-40.81 (207)................  Permanent regulatory   Part 850.
                                 program
                                 requirements--standa
                                 rds for
                                 certification of
                                 blasters.
27-40.82 (207)................  Certification of       Part 955.
                                 blasters.
27-40.91 (17A, 207)...........  Procedural rules--     Part 775.11 and
                                 contested cases and    775.13.
                                 public hearings.
27-40.92 (17A, 207)(8)........  Contested cases......  Part 775.11 and
                                                        775.13.
27-40.93 (17A, 207)...........  Commencement of        Part 775.11 and
                                 proceeding.            775.13.
27-40.94 (17A, 207)...........  Appeals of division    Part 775.11 and
                                 notices and orders.    775.13.
27-40.95 (17A, 207)...........  Prehearing motions...  Part 775.11 and
                                                        775.13.
27-40.96 (17A, 207)...........  Issuance of notices    Part 775.11 and
                                 of hearing.            775.13.
27-40.97 (17A, 207)...........  Hearing procedures...  Part 775.11 and
                                                        775.13.
27-40.98 (17A, 207)...........  Posthearing            Part 775.11 and
                                 procedures.            775.13.
27-40.99 (17A, 207)...........  Decision of the        Part 775.11 and
                                 administrative law     775.13.
                                 judge, procedure in
                                 appeals before the
                                 committee,
                                 extensions of time,
                                 public hearings, and
                                 judicial review of
                                 the committee
                                 decision.
------------------------------------------------------------------------

    We find that Iowa's revised regulations adopted by reference are no 
less effective than the corresponding Federal regulations, and we are 
approving them.

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on the amendment, but did not receive 
any.

Federal Agency Comments

    On August 31, 2011, under 30 CFR 732.17(h)(11)(i) and section 
503(b) of SMCRA, we requested comments on the amendments from various 
Federal agencies with an actual or potential interest in the Iowa 
program (Administrative Record No. IA-451.1). 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 Iowa proposed to make 
in this amendment pertain to air or water quality standards. Therefore, 
we did not ask EPA to concur on the amendment. However, by letter dated 
August 31, 2011, under 30 CFR 732.17(h)(11)(i), we requested comments 
on the amendment from the EPA (Administrative Record No. IA-451.1). 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. By letter dated August 31, 2011, we requested comments on 
the amendment (Administrative Record No. IA-451.1), but neither 
responded to our request.

V. OSM's Decision

    Based on the above findings, we approve the amendment Iowa sent us 
on August 25, 2011.
    To implement this decision, we are amending the Federal regulations 
at 30 CFR part 915, which codify decisions concerning the Iowa 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 counterpart Federal regulation.

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

[[Page 25871]]

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 Iowa program does not 
regulate coal exploration and surface coal mining and reclamation 
operations on Indian lands. Therefore, the Iowa 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 upon the data 
and assumptions for the counterpart 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 counterpart 
Federal regulations for which an analysis was prepared and a 
determination made that the Federal regulation was not considered a 
major rule.

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 counterpart 
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 915

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 12, 2012.
Ervin J Barchenger,
Regional Director, Mid-Continent Region.
    For the reasons set out in the preamble, 30 CFR part 915 is amended 
as set forth below:

PART 915--IOWA

0
1. The authority citation for part 915 continues to read as follows:

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


0
2. Section 915.15 is amended in the table by adding a new entry in 
chronological order by ``Date of final publication'' to read as 
follows:


Sec.  915.15  Approval of Iowa regulatory program amendments.

* * * * *

[[Page 25872]]



------------------------------------------------------------------------
 Original amendment submission    Date of final
             date                  publication      Citation/description
------------------------------------------------------------------------
 
                              * * * * * * *
August 25, 2011...............  May 2, 2012......  Sections: IAC 27-
                                                    40.1(17A, 207)(1);
                                                    40.3(207);
                                                    40.4(207);
                                                    40.5(207);
                                                    40.6(207);
                                                    40.7(207);
                                                    40.11(207);
                                                    40.12(207);
                                                    40.13(207);
                                                    40.21(207)(3) and
                                                    (7); 40.22(207)(1);
                                                    40.23(207);
                                                    40.30(207);
                                                    40.31(207) (9),
                                                    (10), and (11);
                                                    40.32(207)(7);
                                                    40.33(207);
                                                    40.34(207);
                                                    40.35(207);
                                                    40.36(207)(2);
                                                    40.37(207);
                                                    40.38(207)(6);
                                                    40.39(207)(2) and
                                                    (3); 40.41(207);
                                                    40.51(207);
                                                    40.61(207);
                                                    40.62(207);
                                                    40.63(207);
                                                    40.64(207);
                                                    40.65(207);
                                                    40.66(207);
                                                    40.67(207);
                                                    40.71(207);
                                                    40.74(207);
                                                    40.75(207);
                                                    40.81(207);
                                                    40.82(207);
                                                    40.91(17A, 207);
                                                    40.92(17A, 207)(8);
                                                    40.93(17A, 207);
                                                    40.94(17A, 207);
                                                    40.95(17A, 207);
                                                    40.96(17A, 207);
                                                    40.97(17A, 207);
                                                    40.98(17A, 207); and
                                                    40.99(17A, 207).
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[FR Doc. 2012-10567 Filed 5-1-12; 8:45 am]
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