Alabama Regulatory Program, 46213-46215 [E8-18297]
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Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Proposed Rules
rule changes in the future. The
Commission’s detailed statement of
reasons for denial of the petitions is the
product of a careful review of the
petitioners’ assertions and other
associated public comments, and is
supported by the facts before us. In
these circumstances, the Commission
does not believe the petitioners’ request
can fairly, or reasonably, be ‘‘granted’’
in part based on a future undertaking
which itself had no genesis in the
petitioners’ requests.
The Commission’s timely and
decisive action in response to the two
petitions serves the interests of the
Commission and other participants in
an effective, disciplined, and efficient
rulemaking petition process. In this
instance, a decision now has particular
value since it directly addresses the
petitioners’ statements of significant
concern about certain, generic aspects of
ongoing and future license renewal
reviews. While the analyses performed
to respond to these petitions will also
undoubtedly inform NRC staff proposals
regarding the next update of the GEIS,
the Commission does not yet have such
proposals before it. Any final
Commission decisions on an updated
GEIS would be preceded by proposed
changes, solicitation of public comment,
and evaluation of all pertinent
information and public comments.
Furthermore, a partial ‘‘granting’’ of the
petition could imply that the
Commission endorses the petitioners’
requests and will give them greater
weight than other points of view during
the GEIS rulemaking.
As to the other matter raised in
Commissioner Jaczko’s dissent—that of
agency review and disposition of
petitions for rulemaking more
generally—while petitions for
rulemaking are indeed opportunities for
stakeholders to suggest new
considerations and approaches for
regulation, Commissioner Jaczko’s
general concerns about the agency’s
process for handling rulemaking
petitions go beyond the subject of the
Commission’s action on these petitions.
However, this subject matter is being
considered, as the Commission has
instructed NRC staff [SRM dated August
6, 2007] to conduct a review of the
agency’s PRM process. At such time as
staff may recommend, as an outgrowth
of this review, specific proposals for
Commission action which would
strengthen the agency PRM process, the
Commission will assess such
recommendations and act on them, as
appropriate.
Dated at Rockville, Maryland, this 1st day
of August 2008.
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For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. E8–18291 Filed 8–7–08; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 901
[SATS No. AL–074–FOR; Docket No. OSM–
2008–0015]
Alabama Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment
period and opportunity for public
hearing on proposed amendment.
AGENCY:
SUMMARY: We, the Office of Surface
Mining Reclamation and Enforcement
(OSM), are announcing receipt of a
proposed amendment to the Alabama
regulatory program (Alabama program)
under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the
Act). Alabama proposes revisions to its
regulations regarding permit fees and
civil penalties. Alabama intends to
revise its program to improve
operational efficiency.
This document gives the times and
locations that the Alabama program and
proposed amendment to that program
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: Comments on the proposed rule
must be received on or before 4 p.m.,
c.t., September 8, 2008, to ensure our
consideration. If requested, we will hold
a public hearing on the amendment on
September 2, 2008. We will accept
requests to speak at a hearing until 4
p.m., c.t. on August 25, 2008.
ADDRESSES: You may submit comments
by either of the following two methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. The proposed rule
is listed under the agency name
‘‘OFFICE OF SURFACE MINING
RECLAMATION AND
ENFORCEMENT’’ and has been
assigned Docket ID: OSM–2008–0015. If
you would like to submit comments
through the Federal eRulemaking Portal,
go to www.regulations.gov and do the
following. Click on the ‘‘Advanced
Docket Search’’ button on the right side
of the screen. Type in the Docket ID
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OSM–2008–0015 and click the submit
button at the bottom of the page. The
next screen will display the Docket
Search Results for the rulemaking. If
you click on OSM–2008–0015, you can
view the proposed rule and submit a
comment. You can also view supporting
material and any comments submitted
by others.
• Mail/Hand Delivery/Courier: Sherry
Wilson, Director, Birmingham Field
Office, Office of Surface Mining
Reclamation and Enforcement, 135
Gemini Circle, Suite 215, Homewood,
Alabama 35209. Please include the
Docket ID (OSM–2008–0015) with your
comments.
We cannot ensure that comments
received after the close of the comment
period (see DATES) or sent to an address
other than the two listed above will be
included in the docket for this
rulemaking and considered.
For additional information on the
rulemaking process and the public
availability of comments, see ‘‘III. Public
Comment Procedures’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
You may receive one free copy of the
amendment by contacting OSM’s
Birmingham Field Office. See below FOR
FURTHER INFORMATION CONTACT.
You may review a copy of the
amendment during regular business
hours at the following locations:
Sherry Wilson, Director, Birmingham
Field Office, Office of Surface Mining
Reclamation and Enforcement, 135
Gemini Circle, Suite 215, Homewood,
Alabama 35209, Telephone: (205) 290–
7282, swilson@osmre.gov.
Randall C. Johnson, Director, Alabama
Surface Mining Commission, 1811
Second Avenue, P.O. Box 2390, Jasper,
Alabama 35502–2390, Telephone: (205)
221–4130.
FOR FURTHER INFORMATION CONTACT:
Sherry Wilson, Director, Birmingham
Field Office. Telephone: (205) 290–
7282. E-mail: swilson@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Alabama Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. 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
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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 (Secretary) conditionally
approved the Alabama program on 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 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.
II. Description of the Proposed
Amendment
By letter dated July 18, 2008
(Administrative Record No. AL–0658),
Alabama sent us an amendment to its
program under SMCRA (30 U.S.C. 1201
et seq.) at its own initiative. Below is a
summary of the changes proposed by
Alabama. The full text of the program
amendment is available for you to read
at the locations listed above under
ADDRESSES.
Alabama proposes to revise its
regulations at Alabama Rule 880–X–8B–
.07 regarding permit fees by:
(1) Increasing the acreage fee,
(2) Requiring an acreage fee on all
bonded acreage covered in a permit
renewal, and
(3) Increasing the basic fees for the
following types of applications: permit;
coal exploration; permit renewal; permit
transfer; permit revision involving only
an incidental boundary revision; permit
revision involving an insignificant
alteration to the mining and reclamation
plan; and permit revision involving a
significant alteration to the mining and
reclamation plan.
Alabama also proposes to revise its
regulations at Alabama Rule 880–X–
11D–.06 regarding civil penalty amounts
by increasing the dollar amounts of the
penalties.
rfrederick on PRODPC74 with PROPOSALS
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.
Written Comments
Send your comments to us by one of
the two methods specified above. Your
written comments should be specific,
pertain only to the issues proposed in
this rulemaking, and include
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explanations in support of your
recommendations. We cannot ensure
that comments received after the close
of the comment period (see DATES) or
sent to an address other than the two
listed above (see ADDRESSES) will be
included in the docket for this
rulemaking and considered.
based on the analysis performed for the
counterpart Federal regulation.
Public Availability of Comments
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.
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.t. on August 25, 2008. 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. If there is only limited
interest in participating at a public
hearing, a public meeting or
teleconference rather than a hearing
may be held. If we hold a public
meeting or teleconference, a notice of
the event will be posted to the docket
for this rulemaking at
www.regulations.gov, and a summary of
the event will be included in the docket
for this rulemaking.
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.
IV. Procedural Determinations
Executive Order 12630—Takings
This rule does not have takings
implications. This determination is
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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 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 Federallyrecognized 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
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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 Federallyrecognized 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.).
rfrederick on PRODPC74 with PROPOSALS
Regulatory Flexibility Act
15:21 Aug 07, 2008
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 901
Intergovernmental relations, Surface
mining, Underground mining.
Dated: July 23, 2008.
Len Meier,
Acting Regional Director, Mid-Continent
Region.
[FR Doc. E8–18297 Filed 8–7–08; 8:45 am]
BILLING CODE 4310–05–P
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.
VerDate Aug<31>2005
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Fairness Act
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024–AD71
Special Regulation: Areas of the
National Park System, National Capital
Region
National Park Service, Interior.
Proposed rule.
AGENCY:
ACTION:
SUMMARY: The National Park Service
(NPS) is proposing to amend regulations
governing viewing of the Inaugural
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parade by the public, demonstrators,
and the Presidential Inaugural
Committee. The proposed rule would
extend the duration and extent of
demonstrations and special events in
Washington, DC, including the
Inaugural, the Lighting of the National
Christmas Tree and Christmas Pathway
of Peace, the Cherry Blossom Festival,
the Fourth of July Celebration, and the
Festival of American Folklife.
DATES: Comments must be received by
September 22, 2008.
ADDRESSES: You may submit your
comments, identified by Regulatory
Information Number 1024–AD71, by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail or hand delivery: National
Park Service, Regional Director,
Division of Park Programs, 1100 Ohio
Drive, SW., Room 128, Washington, DC
20242.
FOR FURTHER INFORMATION CONTACT:
National Park Service, National Capital
Region, Division of Park Programs, 1100
Ohio Drive, SW., Room 128,
Washington, DC 20242. Telephone:
(202) 619–7275. Fax: (202) 401–2430.
SUPPLEMENTARY INFORMATION:
Background
On March 20, 2008, the District Court
in ANSWER Coalition v. Kempthorne,
537 F.Supp.2d 183 (D.D.C. March 20,
2008) found that the National Park
Service’s practice and procedure of
submitting an application on behalf of
the Presidential Inaugural Committee
(PIC) violated its regulations with
respect to the duration of special events
and the related timing of the submission
of the application. The Court stated,
however, that ‘‘[i]f the government
thinks it appropriate to lengthen the
amount of time for which permits may
be granted under the regulations—
perhaps even only for the Inauguration
period and no other—the government
may explicitly amend the regulations
that apply to all permit applicants.’’ 537
F.Supp.2d at 203–204.
Pennsylvania Avenue is among the
world’s most famous streets and is
located in the heart of the Nation’s
Capital. America’s history has marched,
paraded, promenaded, and protested its
way up and down Pennsylvania
Avenue. Areas must be available to the
public as well as demonstrators to view
the Inaugural parade. ‘‘The Inauguration
is not a private event.’’ ANSWER
Coalition v. Kempthorne, 2008 U.S. Dist.
Lexis 21443* 15 (emphasis in original)
(referencing Mahoney v. Babbitt, 105
F.3d at 1458 D.C. Cir. 1997). And the
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]]>Agencies
[Federal Register Volume 73, Number 154 (Friday, August 8, 2008)]
[Proposed Rules]
[Pages 46213-46215]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18297]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 901
[SATS No. AL-074-FOR; Docket No. OSM-2008-0015]
Alabama Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are announcing receipt of a proposed amendment to the Alabama
regulatory program (Alabama program) under the Surface Mining Control
and Reclamation Act of 1977 (SMCRA or the Act). Alabama proposes
revisions to its regulations regarding permit fees and civil penalties.
Alabama intends to revise its program to improve operational
efficiency.
This document gives the times and locations that the Alabama
program and proposed amendment to that program 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: Comments on the proposed rule must be received on or before 4
p.m., c.t., September 8, 2008, to ensure our consideration. If
requested, we will hold a public hearing on the amendment on September
2, 2008. We will accept requests to speak at a hearing until 4 p.m.,
c.t. on August 25, 2008.
ADDRESSES: You may submit comments by either of the following two
methods:
Federal eRulemaking Portal: https://www.regulations.gov.
The proposed rule is listed under the agency name ``OFFICE OF SURFACE
MINING RECLAMATION AND ENFORCEMENT'' and has been assigned Docket ID:
OSM-2008-0015. If you would like to submit comments through the Federal
eRulemaking Portal, go to www.regulations.gov and do the following.
Click on the ``Advanced Docket Search'' button on the right side of the
screen. Type in the Docket ID OSM-2008-0015 and click the submit button
at the bottom of the page. The next screen will display the Docket
Search Results for the rulemaking. If you click on OSM-2008-0015, you
can view the proposed rule and submit a comment. You can also view
supporting material and any comments submitted by others.
Mail/Hand Delivery/Courier: Sherry Wilson, Director,
Birmingham Field Office, Office of Surface Mining Reclamation and
Enforcement, 135 Gemini Circle, Suite 215, Homewood, Alabama 35209.
Please include the Docket ID (OSM-2008-0015) with your comments.
We cannot ensure that comments received after the close of the
comment period (see DATES) or sent to an address other than the two
listed above will be included in the docket for this rulemaking and
considered.
For additional information on the rulemaking process and the public
availability of comments, see ``III. Public Comment Procedures'' in the
SUPPLEMENTARY INFORMATION section of this document.
You may receive one free copy of the amendment by contacting OSM's
Birmingham Field Office. See below FOR FURTHER INFORMATION CONTACT.
You may review a copy of the amendment during regular business
hours at the following locations:
Sherry Wilson, Director, Birmingham Field Office, Office of Surface
Mining Reclamation and Enforcement, 135 Gemini Circle, Suite 215,
Homewood, Alabama 35209, Telephone: (205) 290-7282, swilson@osmre.gov.
Randall C. Johnson, Director, Alabama Surface Mining Commission,
1811 Second Avenue, P.O. Box 2390, Jasper, Alabama 35502-2390,
Telephone: (205) 221-4130.
FOR FURTHER INFORMATION CONTACT: Sherry Wilson, Director, Birmingham
Field Office. Telephone: (205) 290-7282. E-mail: swilson@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Alabama Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. 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
[[Page 46214]]
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 (Secretary) conditionally
approved the Alabama program on 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 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.
II. Description of the Proposed Amendment
By letter dated July 18, 2008 (Administrative Record No. AL-0658),
Alabama sent us an amendment to its program under SMCRA (30 U.S.C. 1201
et seq.) at its own initiative. Below is a summary of the changes
proposed by Alabama. The full text of the program amendment is
available for you to read at the locations listed above under
ADDRESSES.
Alabama proposes to revise its regulations at Alabama Rule 880-X-
8B-.07 regarding permit fees by:
(1) Increasing the acreage fee,
(2) Requiring an acreage fee on all bonded acreage covered in a
permit renewal, and
(3) Increasing the basic fees for the following types of
applications: permit; coal exploration; permit renewal; permit
transfer; permit revision involving only an incidental boundary
revision; permit revision involving an insignificant alteration to the
mining and reclamation plan; and permit revision involving a
significant alteration to the mining and reclamation plan.
Alabama also proposes to revise its regulations at Alabama Rule
880-X-11D-.06 regarding civil penalty amounts by increasing the dollar
amounts of the penalties.
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.
Written Comments
Send your comments to us by one of the two methods specified above.
Your written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of
your recommendations. We cannot ensure that comments received after the
close of the comment period (see DATES) or sent to an address other
than the two listed above (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.t. on August
25, 2008. 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. If there is only
limited interest in participating at a public hearing, a public meeting
or teleconference rather than a hearing may be held. If we hold a
public meeting or teleconference, a notice of the event will be posted
to the docket for this rulemaking at www.regulations.gov, and a summary
of the event will be included in the docket for this rulemaking.
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.
IV. 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 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
[[Page 46215]]
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 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 901
Intergovernmental relations, Surface mining, Underground mining.
Dated: July 23, 2008.
Len Meier,
Acting Regional Director, Mid-Continent Region.
[FR Doc. E8-18297 Filed 8-7-08; 8:45 am]
BILLING CODE 4310-05-P
