Wyoming Abandoned Mine Land Reclamation Plan, 57538-57541 [E8-23368]
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Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Rules and Regulations
paragraph and adding ‘‘; and’’ in its
place.
■ c. Paragraph (b)(1)(iii) is added to read
as follows:
§ 385.2011
§ 375.307 Delegations to the Director of
the Office of Energy Market Regulation.
Note: The following appendix will not
appear in the Code of Federal Regulations.
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Appendix
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(b) * * *
(1) * * *
(iii) Filings for administrative
revisions to electronic filed tariffs.
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PART 385—RULES OF PRACTICE AND
PROCEDURE
76. The authority citation for part 385
continues to read as follows:
■
Authority: 5 U.S.C. 551–557; 15 U.S.C.
717–717z, 3301–3432; 16 U.S.C. 791a–825v,
2601–2645; 28 U.S.C. 2461; 31 U.S.C. 3701,
9701; 42 U.S.C. 7101–7352, 16441,16451–
16463; 49 U.S.C. 60502; 49 App. U.S.C. 1–85
(1988).
§ 385.203
[Amended]
77. In § 385.203, paragraph (a)(4), the
reference to ‘‘sheets’’ is removed and
‘‘sheets or sections’’ is added in its
place.
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78. In § 385.215, paragraph (a)(2) is
amended by adding a new first sentence
to read as follows:
■
[Amended]
81. In § 385.2011, paragraph (b)(1) is
removed and reserved, and paragraphs
(b)(4) and (b)(5) are removed.
■
Commenters and Abbreviations
American Gas Association (AGA)
Arizona Public Service Company (APS)
Association of Oil Pipe Lines (AOPL)
Bonneville Power Administration
(Bonneville)
California Independent System Operator
Corporation (CAISO)
Duke Energy Corporation (Duke Energy)
Edison Electric Institute (EEI)
Entergy Services, Inc. (Entergy)
FirstEnergy Service Company (FirstEnergy)
Interstate Natural Gas Association of America
(INGAA)
ISO New England, Inc. (ISO New England)
Midwest Independent Transmission System
Operator, Inc. (Midwest ISO)
Nevada Power Company and Sierra Pacific
Power Company (Nevada Power)
New England Participating Transmission
Owners Administrative Committee (New
England PTOs)
Public Service Electric and Gas Company and
PSEG Energy Resources & Trade LLC
(PSEG)
Southern California Edison Company
(Southern California Edison)
TransCanada Corporation (TransCanada)
UNICON, Inc. (UNICON)
[FR Doc. E8–22500 Filed 10–2–08; 8:45 am]
§ 385.215 Amendment of pleadings and
tariff or rate filings (Rule 215).
BILLING CODE 6717–01–P
(a) * * *
(2) A tariff or rate filing may be
amended or modified only as provided
in the regulations under this chapter.
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
79. In § 385.216, the heading and
paragraph (a) are revised to read as
follows:
30 CFR Part 950
§ 385.216 Withdrawal of pleadings and
tariff or rate filings (Rule 216).
Wyoming Abandoned Mine Land
Reclamation Plan
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[SATS No. WY–036–FOR; Docket ID OSM–
2008–0008]
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(a) Filing. Any participant, or any
person who has filed a timely motion to
intervene which has not been denied,
may seek to withdraw a pleading by
filing a notice of withdrawal. The
procedures provided in this section do
not apply to withdrawals of tariff or rate
filings, which may be withdrawn only
as provided in the regulations under
this chapter.
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§ 385.217
[Amended]
80. In § 385.217, paragraph (d)(1)(iii),
the reference to ‘‘sheets’’ is removed and
‘‘sheets or sections’’ is added in its
place.
■
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Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of
amendment.
AGENCY:
SUMMARY: We are approving an
amendment to the Wyoming abandoned
mine land reclamation (AMLR) plan
(hereinafter referred to as the ‘‘Wyoming
plan’’) under the Surface Mining
Control and Reclamation Act of 1977
(SMCRA or the Act). Wyoming intended
to revise its plan by submitting a
revision to W.S. 35–11–1210 to correct
an inadvertent error in the statute that
was enacted during the 2007 Legislative
Session. Specifically, the amendment
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clarifies that W.S. § 35–11–1210 only
applies to SMCRA section 411(h)(1)
funds.
DATES: Effective Date: October 3, 2008.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Fleischman, Casper Field Office
Director. Telephone: (307) 261–6550.
Internet address:
jfleischman@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Wyoming Plan
II. Submission of the Proposed Amendment
III. Office of Surface Mining Reclamation and
Enforcement’s (OSM’s) Findings
IV. Summary and Disposition of Comments
V. OSM’s Decision
VI. Procedural Determinations
I. Background on the Wyoming Plan
The Abandoned Mine Land
Reclamation Program was established
by Title IV of the Act (30 U.S.C. 1201
et seq.) in response to concerns over
extensive environmental damage caused
by past coal mining activities. The
program is funded by a reclamation fee
collected on each ton of coal that is
produced. The money collected is used
to finance the reclamation of abandoned
coal mines and for other authorized
activities. Section 405 of the Act allows
States and Indian tribes to assume
exclusive responsibility for reclamation
activity within the State or on Indian
lands if they develop and submit to the
Secretary of the Interior for approval, a
program (often referred to as a plan) for
the reclamation of abandoned coal
mines.
On February 14, 1983, the Secretary of
the Interior approved Wyoming’s AMLR
Plan. You can find general background
information on the Wyoming Plan,
including the Secretary’s findings and
the disposition of comments, in the
February 14, 1983, Federal Register (48
FR 6536). OSM announced in the May
25, 1984, Federal Register (49 FR
22139), the Director’s decision accepting
certification by Wyoming that it had
addressed all known coal-related
impacts in the State that were eligible
for funding under the Wyoming Plan.
Wyoming could then proceed in
reclaiming low priority non-coal
projects. The Director accepted
Wyoming’s proposal that it would seek
immediate funding for reclamation of
any additional coal-related problems
that occur during the life of the
Wyoming Plan. You can find later
actions concerning Wyoming’s Plan and
plan amendments at 30 CFR 950.35.
II. Submission of the Proposed
Amendment
By letter dated March 21, 2008,
Wyoming submitted a proposed
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amendment to the Wyoming
Reclamation Plan (Administrative
Record Document ID OSM–2008–0008–
0005). Wyoming submitted the
amendment in response to a letter sent
to the State dated January 18, 2008, from
the Regional Director, Western Region of
OSM (Administrative Record Document
ID OSM–2008–0008–0007). Pursuant to
30 CFR 884.15(d), OSM directed
Wyoming to resolve a statutory conflict
regarding two accounts established to
receive funds from the Federal
government under the SMCRA program.
Specifically, OSM stated it appears
that Wyoming’s new statute at W.S.
§ 35–11–1210 conflicts with existing
statute W.S. § 35–11–1203, which was
established to receive funds to carry out
the Reclamation Plan including coal
reclamation. W.S. § 35–11–1210 was
passed in 2007 and established an
account to receive funding under new
Section 411(h) of SMCRA. These funds
are not required to be spent on
reclamation projects.
Wyoming’s proposed amendment
clarifies that the account established by
W.S. § 35–11–1210 is solely for the
purpose of receiving funds from the
Federal government pursuant to SMCRA
Section 411(h)(1) and that these funds
are separate and in addition to funds
distributed to the account established by
W.S. § 35–11–1203.
We announced receipt of the
proposed amendment in the June 2,
2008, Federal Register (73 FR 31392). In
the same document, we opened the
public comment period and provided an
opportunity for a public hearing or
meeting on the amendment’s adequacy
(Administrative Record Document ID
No. OSM–2008–0008–0001). We did not
hold a public hearing or meeting
because no one requested one. The
public comment period ended on July 2,
2008. We received comments from two
Federal agencies and one State entity.
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III. OSM’s Findings
Following are the findings we made
concerning the amendment under
SMCRA and the Federal regulations at
30 CFR 884.14 and 884.15. We are
approving the amendment.
A. Minor Revisions to Wyoming’s
Statutes and Plan Provisions
In response to a letter dated January
18, 2008, from the Regional Director,
Western Region of OSM and pursuant to
30 CFR 884.15(d), Wyoming proposes a
minor editorial change to subparagraph
(b) of newly-created W.S. § 35–11–1210
and its Reclamation Plan that is
intended to provide clarification and
correct an inadvertent error in the
statutory amendment that was enacted
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during the 2007 Wyoming Legislative
Session. Specifically, new statute W.S.
§ 35–11–1210 was passed in 2007 and
established the Abandoned Mine Land
Funds Reserve Account pursuant to
Section 411(h) of the SMCRA
Amendments of 2006 that is not
required to be spent on reclamation
projects. Conversely, existing statute
W.S. § 35–11–1203 established an
account to receive funds to carry out the
State Reclamation Plan, including coal
reclamation. OSM’s concern, as stated
in the January 18, 2008 letter, was that
establishment of these two funds creates
a statutory conflict wherein funding of
Wyoming’s Reclamation Plan is not
assured. Accordingly, OSM is seeking
assurance that Wyoming will reclaim its
remaining coal abandoned mine land
problems.
Wyoming’s proposed amendment to
subparagraph (b) clarifies that the
account established by W.S. § 35–11–
1210 is established solely to receive
funds from the Federal government
pursuant to SMCRA amendments of
2006 to Section 411(h)(1) and that these
funds are separate and in addition to
funds distributed to the account
established by W.S. § 35–11–1203,
which remains in place to receive funds
to carry out the State Reclamation Plan
including coal reclamation. Wyoming
had previously committed to spend a
minimum of $30 million dollars per
year on coal reclamation work until coal
work is completed as a condition of
OSM’s payment to the State under
SMCRA Section 411(h) in a letter dated
February 4, 2007 (Administrative
Record Document ID OSM–2008–0008–
0006).
Wyoming’s clarification and
assurance that funds received through
establishment of the Abandoned Mine
Land Funds Reserve Account will not
be commingled with monies received to
carry out coal reclamation under the
State Reclamation Plan is in accordance
with section 405(h) of SMCRA, and
addresses the programmatic concerns
raised by OSM under 30 CFR 884.15(d).
For these reasons, we are approving
Wyoming’s proposed statutory
amendment.
IV. Summary and Disposition of
Comments
Public Comments
We asked for public comments on the
amendment (Administrative Record
Document ID No. OSM–2008–0008–
0008) and one comment was received.
Specifically, the University of
Wyoming submitted a comment in
support of the amendment by stating
that it is in agreement with the proposed
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change to Wyoming Statute W.S. 35–11–
1210 (Administrative Record Document
ID No. OSM–2008–0008–0004).
Federal Agency Comments
Under 30 CFR 884.14(a)(2) and
884.15(a), we requested comments on
the amendment from various Federal
agencies with an actual or potential
interest in the State plan
(Administrative Record Document ID
No. OSM–2008–0008–0008). We
received comments from two Federal
Agencies.
The Bureau of Reclamation (BOR)
commented in an April 17, 2008 letter
(Administrative Record Document ID
No. OSM–2008–0008–0003), and the
Bureau of Land Management (BLM)
commented in a May 2, 2008 letter
(Administrative Record Document ID
No. OSM–2008–0008–0002).
The BOR indicated that it did not
have comments on the proposed
amendment.
The BLM commented that although it
recognizes that OSM’s priority under
the 2006 Amendments [to SMCRA] is to
fund reclamation of coal mines, it also
wants to ensure that enough money is
available to fund reclamation of noncoal abandoned mines on BLM lands.
The BLM goes on to explain that work
on many of these projects may be
mothballed due to the requirements to
finish the coal sites first, and notes that
it is unclear whether these non-coal
sites will be able to obtain SMCRA
funding in the future. Lastly, the BLM
states its wish to ensure that the State
Legislature and OSM consider its needs
when fund requests for grants to use
monies in the Abandoned Mine
Reclamation Fund are submitted.
In response, OSM agrees that there are
hard rock abandoned mine land
problems in Wyoming and we
acknowledge that they present both
health and safety concerns.
Unfortunately, OSM can’t provide
assurance to the BLM that the Wyoming
AML Program will continue to reclaim
abandoned hard rock mine problems
with funds the State receives under the
2006 Amendments to SMCRA.
Specifically, it is solely up to the
Wyoming Legislature to determine if it
wants to fund reclamation of abandoned
hard rock mine problems as part of
giving priority to addressing impacts of
mineral development with funds the
State receives under Section 411(h)(1) of
SMCRA.
V. OSM’s Decision
Based on the above finding, we
approve Wyoming’s proposed
amendment submitted on March 21,
2008.
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Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Rules and Regulations
To implement this decision, we are
amending the Federal regulations at 30
CFR Part 950, which codify decisions
concerning the State plan. We find that
good cause exists under 5 U.S.C.
553(d)(3) to make this final rule
effective immediately. Section 405(d) of
SMCRA requires that the State have a
program that is in compliance with the
procedures, guidelines, and
requirements established under the Act.
Making this regulation effectively
immediately will expedite that process.
SMCRA requires consistency of
Wyoming 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
(Regulatory Planning and Review).
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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, to the extent
allowable by law, 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 Wyoming’s AMLR
plans and revisions thereof because
each plan is drafted and promulgated by
a specific State, not by OSM. Decisions
on proposed State AMLR plans and
revisions thereof submitted by a State
are based on a determination of whether
the submittal meets the requirements of
Title IV of SMCRA (30 U.S.C. 1231–
1243) and the applicable Federal
regulations at 30 CFR part 884.
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
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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.
The rule does not involve or affect
Indian Tribes in any way.
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
No environmental impact statement is
required for this rule because agency
decisions on proposed State AMLR
plans and revisions thereof are
categorically excluded from compliance
with the National Environmental Policy
Act (42 U.S.C. 4321 et seq.) by the
Manual of the Department of the Interior
(516 DM 13.5(B)(29).
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.
3501 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
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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), of 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.
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 950
Abandoned mine reclamation
programs, Intergovernmental relations,
Surface mining, Underground mining.
Dated: September 11, 2008.
Allen D. Klein,
Director, Western Region.
For the reasons set out in the
preamble, Title 30, Chapter VII,
Subchapter T of the Code of Federal
Regulations is amended as set forth
below:
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PART 950—STATE ABANDONED MINE
LAND RECLAMATION PROGRAMS
1. The authority citation for part 950
continues to read as follows:
■
Authority: 30 U.S.C. 1201 et seq.
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2. Section 950.35 is amended in the
table by adding a new entry in
chronological order by ‘‘Date of Final
Publication’’ to read as follows:
■
§ 950.35 Approval of Wyoming abandoned
mine land reclamation plan amendments.
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Original amendment submission date
Date of final publication
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March 21, 2008 ......................................
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October 3, 2008. ....................................
[FR Doc. E8–23368 Filed 10–2–08; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 411, 412, 413, 422, and
489
RIN 0938–AP15; RIN 0938–AO35; RIN 0938–
AO65
Medicare Program; Changes to the
Hospital Inpatient Prospective
Payment Systems and Fiscal Year 2009
Rates; Payments for Graduate Medical
Education in Certain Emergency
Situations; Changes to Disclosure of
Physician Ownership in Hospitals and
Physician Self-Referral Rules; Updates
to the Long-Term Care Prospective
Payment System; Updates to Certain
IPPS-Excluded Hospitals; and
Collection of Information Regarding
Financial Relationships Between
Hospitals; Correction
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Correction of final rules.
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AGENCY:
SUMMARY: This document corrects
technical and typographical errors that
appeared in the final rule published in
the Federal Register on August 19,
2008, entitled ‘‘Medicare Program;
Changes to the Hospital Inpatient
Prospective Payment Systems and Fiscal
Year 2009 Rates; Payments for Graduate
Medical Education in Certain
Emergency Situations; Changes to
Disclosure of Physician Ownership in
Hospitals and Physician Self-Referral
Rules; Updates to the Long-Term Care
Prospective Payment System; Updates
to Certain IPPS-Excluded Hospitals; and
Collection of Information Regarding
Financial Relationships Between
Hospitals.’’
Effective Date: Except for the
items listed in section IV.B.3.a. through
e. of this notice, the items listed in this
DATES:
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In FR Doc. E8–17914 of August 19,
2008 (73 FR 48434), the final rule
entitled Medicare Program; Changes to
the Hospital Inpatient Prospective
Payment Systems and Fiscal Year 2009
Rates; Payments for Graduate Medical
Education in Certain Emergency
Situations; Changes to Disclosure of
Physician Ownership in Hospitals and
Physician Self-Referral Rules; Updates
to the Long-Term Care Prospective
Payment System; Updates to Certain
IPPS-Excluded Hospitals; and
Collection of Information Regarding
Financial Relationships Between
Hospitals’’ (hereinafter referred to as the
FY 2009 IPPS final rule) there were a
number of technical and typographical
errors that are identified and corrected
in the Correction of Errors section
below. We note that the FY 2009 IPPS
final rule had several effective dates (see
73 FR 48343); and therefore, we are
conforming the effective dates of the
items listed in this notice with the
effective dates specified in the FY 2009
IPPS final rule.
II. Summary of Errors
A. Errors in the Preamble
On page 48434, in the effective dates
section of the final rule, we specified
that § 411.357(p)(1)(i)(A) and (B) are
effective on October 1, 2009. However,
we made a technical error in codifying
these paragraphs (see sections II.B. and
IV.B.3.e.(B). of this notice). To ensure
that the cross-reference is consistent
with the regulations in § 411.357(p), we
are correcting the cross-reference in
section IV.A.1 of this notice.
On pages 48491, 48497, and 48773,
we made inadvertent typographical
errors in two figures and a date. We
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Wyoming Statute (W.S.) § 35–11–1210(b)
correction notice are effective on
October 1, 2008. The items listed in
section IV.B.3.a. through e. of this notice
are effective on October 1, 2009.
FOR FURTHER INFORMATION CONTACT: Tzvi
Hefter (410) 786–4487, Corrections to
the preamble and addendum. Donald
Romano, (410) 786–1401 or Lisa Ohrin,
(410) 786–4565, Corrections to the
regulations text for part 411.
SUPPLEMENTARY INFORMATION:
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Citation/description
I. Background
[CMS–1390–CN; CMS–1531–CN; CMS–
1385–CN2]
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correct these errors in section IV.A.2, 3,
and 8 of this notice.
On page 48509, we stated that we
were finalizing several codes and that
these codes will be added to the MCE
edit for males only. However, through
an inadvertent error the codes were not
included in the final FY 2009 MCE
edits. Therefore, in section IV.A.4. of
this notice, we correct this discussion
by adding language to note that the
codes for MCE edit for males only will
be added to the MCE codes for FY 2010.
On page 48566, we discuss the
analysis conducted by Acumen
comparing MedPAC’s recommended
wage indices to the current CMS wage
index. In section IV.A.5 of this notice,
we correct this discussion by adding a
parenthetical statement to clarify that
the wage index data that we provided
did not include the effects of sections
505 and 508 of the Medicare
Prescription Drug, Improvement, and
Modernization Act of 2003 (MMA).
On page 48646, we discuss the
deadline for submission of emergency
Medicare graduate medical education
(GME) affiliation agreements. In our
example, we incorrectly stated the date
by which hospitals are permitted to
submit an emergency Medicare GME
Affiliation agreement for the period
from March 1, 2009, to June 30, 2009,
and the period from July 1, 2009, to June
30, 2010. The dates referenced were
August 28, 2009, and August 28, 2010,
respectively. In section IV.A.6 of this
correction notice, we corrected these
inadvertent errors.
On page 48648, we discuss the rolling
average and cap adjustments for FTE
residents. In this discussion, we
incorrectly stated that FTE residents
training in new teaching hospitals and
in new residency programs at existing
teaching hospitals are excluded from the
rolling average for the minimum
accredited length of the program. In
section IV.A.7. of this notice, we have
corrected this error by revising this
sentence to clarify that, in accordance
with the regulations at § 413.79(d)(5),
the exclusion from the rolling average
applies for new programs that qualify
for the cap adjustment under
§ 413.79(e).
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]]>Agencies
[Federal Register Volume 73, Number 193 (Friday, October 3, 2008)]
[Rules and Regulations]
[Pages 57538-57541]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23368]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 950
[SATS No. WY-036-FOR; Docket ID OSM-2008-0008]
Wyoming Abandoned Mine Land Reclamation Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: We are approving an amendment to the Wyoming abandoned mine
land reclamation (AMLR) plan (hereinafter referred to as the ``Wyoming
plan'') under the Surface Mining Control and Reclamation Act of 1977
(SMCRA or the Act). Wyoming intended to revise its plan by submitting a
revision to W.S. 35-11-1210 to correct an inadvertent error in the
statute that was enacted during the 2007 Legislative Session.
Specifically, the amendment clarifies that W.S. Sec. 35-11-1210 only
applies to SMCRA section 411(h)(1) funds.
DATES: Effective Date: October 3, 2008.
FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Casper Field
Office Director. Telephone: (307) 261-6550. Internet address:
jfleischman@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Wyoming Plan
II. Submission of the Proposed Amendment
III. Office of Surface Mining Reclamation and Enforcement's (OSM's)
Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Procedural Determinations
I. Background on the Wyoming Plan
The Abandoned Mine Land Reclamation Program was established by
Title IV of the Act (30 U.S.C. 1201 et seq.) in response to concerns
over extensive environmental damage caused by past coal mining
activities. The program is funded by a reclamation fee collected on
each ton of coal that is produced. The money collected is used to
finance the reclamation of abandoned coal mines and for other
authorized activities. Section 405 of the Act allows States and Indian
tribes to assume exclusive responsibility for reclamation activity
within the State or on Indian lands if they develop and submit to the
Secretary of the Interior for approval, a program (often referred to as
a plan) for the reclamation of abandoned coal mines.
On February 14, 1983, the Secretary of the Interior approved
Wyoming's AMLR Plan. You can find general background information on the
Wyoming Plan, including the Secretary's findings and the disposition of
comments, in the February 14, 1983, Federal Register (48 FR 6536). OSM
announced in the May 25, 1984, Federal Register (49 FR 22139), the
Director's decision accepting certification by Wyoming that it had
addressed all known coal-related impacts in the State that were
eligible for funding under the Wyoming Plan. Wyoming could then proceed
in reclaiming low priority non-coal projects. The Director accepted
Wyoming's proposal that it would seek immediate funding for reclamation
of any additional coal-related problems that occur during the life of
the Wyoming Plan. You can find later actions concerning Wyoming's Plan
and plan amendments at 30 CFR 950.35.
II. Submission of the Proposed Amendment
By letter dated March 21, 2008, Wyoming submitted a proposed
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amendment to the Wyoming Reclamation Plan (Administrative Record
Document ID OSM-2008-0008-0005). Wyoming submitted the amendment in
response to a letter sent to the State dated January 18, 2008, from the
Regional Director, Western Region of OSM (Administrative Record
Document ID OSM-2008-0008-0007). Pursuant to 30 CFR 884.15(d), OSM
directed Wyoming to resolve a statutory conflict regarding two accounts
established to receive funds from the Federal government under the
SMCRA program.
Specifically, OSM stated it appears that Wyoming's new statute at
W.S. Sec. 35-11-1210 conflicts with existing statute W.S. Sec. 35-11-
1203, which was established to receive funds to carry out the
Reclamation Plan including coal reclamation. W.S. Sec. 35-11-1210 was
passed in 2007 and established an account to receive funding under new
Section 411(h) of SMCRA. These funds are not required to be spent on
reclamation projects.
Wyoming's proposed amendment clarifies that the account established
by W.S. Sec. 35-11-1210 is solely for the purpose of receiving funds
from the Federal government pursuant to SMCRA Section 411(h)(1) and
that these funds are separate and in addition to funds distributed to
the account established by W.S. Sec. 35-11-1203.
We announced receipt of the proposed amendment in the June 2, 2008,
Federal Register (73 FR 31392). In the same document, we opened the
public comment period and provided an opportunity for a public hearing
or meeting on the amendment's adequacy (Administrative Record Document
ID No. OSM-2008-0008-0001). We did not hold a public hearing or meeting
because no one requested one. The public comment period ended on July
2, 2008. We received comments from two Federal agencies and one State
entity.
III. OSM's Findings
Following are the findings we made concerning the amendment under
SMCRA and the Federal regulations at 30 CFR 884.14 and 884.15. We are
approving the amendment.
A. Minor Revisions to Wyoming's Statutes and Plan Provisions
In response to a letter dated January 18, 2008, from the Regional
Director, Western Region of OSM and pursuant to 30 CFR 884.15(d),
Wyoming proposes a minor editorial change to subparagraph (b) of newly-
created W.S. Sec. 35-11-1210 and its Reclamation Plan that is intended
to provide clarification and correct an inadvertent error in the
statutory amendment that was enacted during the 2007 Wyoming
Legislative Session. Specifically, new statute W.S. Sec. 35-11-1210
was passed in 2007 and established the Abandoned Mine Land Funds
Reserve Account pursuant to Section 411(h) of the SMCRA Amendments of
2006 that is not required to be spent on reclamation projects.
Conversely, existing statute W.S. Sec. 35-11-1203 established an
account to receive funds to carry out the State Reclamation Plan,
including coal reclamation. OSM's concern, as stated in the January 18,
2008 letter, was that establishment of these two funds creates a
statutory conflict wherein funding of Wyoming's Reclamation Plan is not
assured. Accordingly, OSM is seeking assurance that Wyoming will
reclaim its remaining coal abandoned mine land problems.
Wyoming's proposed amendment to subparagraph (b) clarifies that the
account established by W.S. Sec. 35-11-1210 is established solely to
receive funds from the Federal government pursuant to SMCRA amendments
of 2006 to Section 411(h)(1) and that these funds are separate and in
addition to funds distributed to the account established by W.S. Sec.
35-11-1203, which remains in place to receive funds to carry out the
State Reclamation Plan including coal reclamation. Wyoming had
previously committed to spend a minimum of $30 million dollars per year
on coal reclamation work until coal work is completed as a condition of
OSM's payment to the State under SMCRA Section 411(h) in a letter dated
February 4, 2007 (Administrative Record Document ID OSM-2008-0008-
0006).
Wyoming's clarification and assurance that funds received through
establishment of the Abandoned Mine Land Funds Reserve Account will not
be commingled with monies received to carry out coal reclamation under
the State Reclamation Plan is in accordance with section 405(h) of
SMCRA, and addresses the programmatic concerns raised by OSM under 30
CFR 884.15(d). For these reasons, we are approving Wyoming's proposed
statutory amendment.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment (Administrative
Record Document ID No. OSM-2008-0008-0008) and one comment was
received.
Specifically, the University of Wyoming submitted a comment in
support of the amendment by stating that it is in agreement with the
proposed change to Wyoming Statute W.S. 35-11-1210 (Administrative
Record Document ID No. OSM-2008-0008-0004).
Federal Agency Comments
Under 30 CFR 884.14(a)(2) and 884.15(a), we requested comments on
the amendment from various Federal agencies with an actual or potential
interest in the State plan (Administrative Record Document ID No. OSM-
2008-0008-0008). We received comments from two Federal Agencies.
The Bureau of Reclamation (BOR) commented in an April 17, 2008
letter (Administrative Record Document ID No. OSM-2008-0008-0003), and
the Bureau of Land Management (BLM) commented in a May 2, 2008 letter
(Administrative Record Document ID No. OSM-2008-0008-0002).
The BOR indicated that it did not have comments on the proposed
amendment.
The BLM commented that although it recognizes that OSM's priority
under the 2006 Amendments [to SMCRA] is to fund reclamation of coal
mines, it also wants to ensure that enough money is available to fund
reclamation of non-coal abandoned mines on BLM lands. The BLM goes on
to explain that work on many of these projects may be mothballed due to
the requirements to finish the coal sites first, and notes that it is
unclear whether these non-coal sites will be able to obtain SMCRA
funding in the future. Lastly, the BLM states its wish to ensure that
the State Legislature and OSM consider its needs when fund requests for
grants to use monies in the Abandoned Mine Reclamation Fund are
submitted.
In response, OSM agrees that there are hard rock abandoned mine
land problems in Wyoming and we acknowledge that they present both
health and safety concerns. Unfortunately, OSM can't provide assurance
to the BLM that the Wyoming AML Program will continue to reclaim
abandoned hard rock mine problems with funds the State receives under
the 2006 Amendments to SMCRA. Specifically, it is solely up to the
Wyoming Legislature to determine if it wants to fund reclamation of
abandoned hard rock mine problems as part of giving priority to
addressing impacts of mineral development with funds the State receives
under Section 411(h)(1) of SMCRA.
V. OSM's Decision
Based on the above finding, we approve Wyoming's proposed amendment
submitted on March 21, 2008.
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To implement this decision, we are amending the Federal regulations
at 30 CFR Part 950, which codify decisions concerning the State plan.
We find that good cause exists under 5 U.S.C. 553(d)(3) to make this
final rule effective immediately. Section 405(d) of SMCRA requires that
the State have a program that is in compliance with the procedures,
guidelines, and requirements established under the Act. Making this
regulation effectively immediately will expedite that process. SMCRA
requires consistency of Wyoming 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 (Regulatory Planning and
Review).
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, to the
extent allowable by law, 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 Wyoming's AMLR plans and
revisions thereof because each plan is drafted and promulgated by a
specific State, not by OSM. Decisions on proposed State AMLR plans and
revisions thereof submitted by a State are based on a determination of
whether the submittal meets the requirements of Title IV of SMCRA (30
U.S.C. 1231-1243) and the applicable Federal regulations at 30 CFR part
884.
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.
The rule does not involve or affect Indian Tribes in any way.
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
No environmental impact statement is required for this rule because
agency decisions on proposed State AMLR plans and revisions thereof are
categorically excluded from compliance with the National Environmental
Policy Act (42 U.S.C. 4321 et seq.) by the Manual of the Department of
the Interior (516 DM 13.5(B)(29).
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.
3501 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), of 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.
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 950
Abandoned mine reclamation programs, Intergovernmental relations,
Surface mining, Underground mining.
Dated: September 11, 2008.
Allen D. Klein,
Director, Western Region.
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For the reasons set out in the preamble, Title 30, Chapter VII,
Subchapter T of the Code of Federal Regulations is amended as set forth
below:
PART 950--STATE ABANDONED MINE LAND RECLAMATION PROGRAMS
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1. The authority citation for part 950 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
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2. Section 950.35 is amended in the table by adding a new entry in
chronological order by ``Date of Final Publication'' to read as
follows:
Sec. 950.35 Approval of Wyoming abandoned mine land reclamation plan
amendments.
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Original amendment submission date Date of final publication Citation/description
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March 21, 2008........................ October 3, 2008............... Wyoming Statute (W.S.) Sec. 35-11-
1210(b)
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[FR Doc. E8-23368 Filed 10-2-08; 8:45 am]
BILLING CODE 4310-05-P
