[Federal Register Volume 83, Number 168 (Wednesday, August 29, 2018)]
[Rules and Regulations]
[Pages 43974-43976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18719]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 901
[SATS No. AL-081-FOR; Docket ID: OSM-2017-0006; S1D1S SS08011000
SX064A000 189S180110; S2D2S SS08011000 SX064A000 18XS501520]
Alabama 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
(OSMRE), 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 proposed revisions to its program
to allow the Alabama Surface Mining Commission (ASMC) to revise its
current permit fee collection procedures from the term of the mine
permit to enable the collection of permit fees over the entire life of
the mine. The revision also defines the life of the mine to be from the
issuance of the permit through the full release of the performance
bond.
DATES: The effective date is September 28, 2018.
FOR FURTHER INFORMATION CONTACT: William Joseph, Acting Director,
Birmingham Field Office, Office of Surface Mining Reclamation and
Enforcement, 135 Gemini Circle, Suite 215, Homewood, Alabama 35209.
Telephone: (205) 290-7282. Email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Alabama Program
II. Submission of the Amendment
III. OSMRE's Findings
IV. Summary and Disposition of Comments
V. OSMRE'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, State laws and regulations
that govern surface coal mining and reclamation operations in
accordance with the requirements of the Act and consistent with the
Federal regulations. 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 22030).
You can also find later actions concerning the Alabama program and
program amendments at 30 CFR 901.10, 901.15, and 901.16.
[[Page 43975]]
II. Submission of the Amendment
By email dated June 21, 2017 (Administrative Record No. AL-0671),
Alabama sent us an amendment to its program under SMCRA (30 U.S.C. 1201
et seq.) at its own initiative.
We announced the receipt of the proposed amendment in the January
29, 2018, Federal Register (83 FR 4011). 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 February 28, 2018. We received 13 public
comments (Administrative Record No. AL-0671-03) that are addressed in
the Public Comments section of IV, Summary and Disposition of Comments,
below.
III. OSMRE's Findings
We are approving the amendment as described below. The following
are findings we made concerning Alabama's amendment under SMCRA and the
Federal regulations at 30 CFR 732.15 and 732.17. Any revisions that we
do not specifically discuss below concerning non-substantive wording or
editorial changes can be found in the full text of the program
amendment available at www.regulations.gov.
Code of Alabama Section 9-16-83 Permits--Contents of application;
reclamation plan; copy of application filed for public inspections;
insurance; blasting plan.
Alabama proposed revisions to its regulations at Code of Alabama
section 9-16-83, allowing the ASMC to revise its current permit fee
collection procedures from the term of the mine permit to enable the
collection of permit fees over the entire life of the mine. The
revision also defines the life of the mine to mean the term of the
permit and the time required to successfully complete all surface coal
mining and reclamation activities and obtain a full release of the
performance bond for each bonded area.
We find that Alabama's proposed amendments do not make its rules or
regulations less effective than the Federal regulations governing
permit fees found at 30 CFR 777.17. Therefore, we are approving
Alabama's revision.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment. As noted in section
II, we received 13 comments (Administrative Record No. AL-0671-03). The
13 commenters provided comments that were outside the scope of the
proposed amendment and not germane to the topic of surface coal mining
in general. We are not addressing these comments in this final rule for
these reasons. The full texts of these comments are available at
www.regulations.gov.
Federal Agency Comments
On July 27, 2017, pursuant to 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-0671-02). 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 pertain to air or water quality standards.
Therefore, we did not ask EPA to concur on the amendment. However, on
July 27, 2017, under 30 CFR 732.17(h)(11)(i), we requested comments
from the EPA on the amendment (Administrative Record No. AL-0671-02).
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 July 27, 2017, we requested comments on the amendment
(Administrative Record No. AL-0671-02). We did not receive any
comments.
V. OSMRE's Decision
Based on the above findings, we are approving the Alabama amendment
that was submitted on June 21, 2017, (Administrative Record No. AL-
0671).
To implement this decision, we are amending the Federal regulations
at 30 CFR part 901 that codify decisions concerning the Alabama
program. In accordance with the Administrative Procedure Act, this rule
will take effect 30 days after the date of publication. Section 503(a)
of SMCRA requires that the State's program demonstrate the State has
the capability of carrying out the provisions of the Act and meeting
its purposes. SMCRA requires consistency of State and Federal
standards.
VI. Procedural Determinations
Executive Order 12630--Takings
This rulemaking 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
Pursuant to Office of Management and Budget (OMB) Guidance dated
October 12, 1993, the approval of state program amendments is exempted
from OMB review under Executive Order 12866.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has reviewed this rule as required
by Section 3(a) of Executive Order 12988. The Department has determined
that this Federal Register document meets the criteria of Section 3 of
Executive Order 12988, which is intended to ensure that the agency
review its legislation and proposed regulations to minimize litigation;
and that the agency's legislation and regulations provide a clear legal
standard for affected conduct rather than a general standard, and
promote simplification and burden reduction. Because Section 3 focuses
on the quality of Federal legislation and regulations, the Department
limited its review under this Executive Order to the quality of this
Federal Register document and to changes to the Federal regulations.
The review under this Executive Order did not extend to the language of
the State regulatory program or to the program amendment that the State
of Alabama drafted.
Executive Order 13132--Federalism
This rule is not a ``[p]olicy that [has] Federalism implications''
as defined by Section 1(a) of Executive Order 13132, because it does
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.'' Instead, this rule approves an amendment to the Alabama
program submitted and drafted by that State. OSMRE reviewed the
submission with fundamental federalism principles in mind as set forth
in Section 2 and 3 of the Executive Order and with the principles of
cooperative federalism as set forth in SMCRA. See, e.g., 30 U.S.C.
1201(f). As such, pursuant to Section 503(a)(1) and (7) (30 U.S.C.
1253(a)(1) and (7)), OSMRE reviewed the program amendment to ensure
that it is ``in
[[Page 43976]]
accordance with'' the requirements of SMCRA and ``consistent with'' the
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 rulemaking on Federally-recognized Tribes and
have determined that the rulemaking does not have substantial direct
effects on one or more Tribes, on the relationship between the Federal
government and Tribes, or on the distribution of power and
responsibilities between the Federal Government and Tribes. The basis
for this determination is that our decision is on a State regulatory
program and does not involve Federal regulations involving Indian
lands.
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
Executive Order 13211 of May 18, 2001, requires agencies to prepare
a Statement of Energy Effects for a rulemaking 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 rulemaking 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 rulemaking 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 rulemaking 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 rulemaking 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 rulemaking, 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 rulemaking
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 rulemaking is not a major rule under 5 U.S.C. 804(2), the
Small Business Regulatory Enforcement Fairness Act. This rulemaking:
(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 rulemaking, 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 rulemaking 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 rulemaking, 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 901
Intergovernmental relations, Surface mining, Underground mining.
Dated: August 16, 2018.
Alfred L. Clayborne,
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 an entry for ``Code
of Alabama Section 9-16-83'' in chronological order by ``Date of final
publication'' to read as follows:
Sec. 901.15 Approval of Alabama regulatory program amendments.
* * * * *
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Original amendment submission Date of final Citation/
date publication description
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* * * * * * *
June 21, 2017................... August 29, 2018... Code of Alabama
Section 9-16-83.
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[FR Doc. 2018-18719 Filed 8-28-18; 8:45 am]
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