Louisiana Regulatory Program/Abandoned Mine Land Reclamation Plan, 12852-12857 [2011-5382]
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12852
Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations
§ 917.15 Approval of Kentucky regulatory
program amendments.
chronological order by ‘‘Date of final
publication’’ to read as follows:
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Original amendment submission
date
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September 14, 2009 ......................
§ 917.16
[Amended]
[FR Doc. 2011–5386 Filed 3–8–11; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 918
[SATS No. LA–023–FOR; Docket No. OSM–
2010–0005]
Louisiana Regulatory Program/
Abandoned Mine Land Reclamation
Plan
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of
amendment.
AGENCY:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSM), are approving an amendment to
the Louisiana regulatory program and
abandoned mine land reclamation plan
under the Surface Mining Control and
Reclamation Act of 1977. Louisiana
proposed revisions to its regulations
regarding: Definitions; lands eligible for
remining; general provisions for review
of permit application information and
entry of information into Applicant
Violator System (AVS); review of
applicant, operator, and ownership and
control information; review of permit
history; review of compliance history;
permit eligibility determination;
unanticipated events or conditions at
remining sites; eligibility for
provisionally issued permits; written
findings for permit application
approval; initial review and finding
requirements for improvidently issued
permits; suspension or rescission
requirements for improvidently issued
permits; who may challenge ownership
or control listings and findings; how to
challenge an ownership or control
listing or finding; burden of proof for
ownership or control challenges; written
SUMMARY:
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Citation/description
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March 9, 2011 ................................ 405 KAR 16:140, Disposal of coal mine waste.
405 KAR 18:140, Disposal of coal mine waste.
3. Section 917.16 is amended by
removing and reserving paragraph
(d)(5).
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Date of final
publication
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agency decision on challenges to
ownership or control listings or
findings; post-permit issuance
requirements for regulatory authorities
and other actions based on ownership,
control, and violation information; postpermit issuance information
requirements for permittees; transfer,
assignment, or sale of permit rights;
certifying and updating existing permit
application information; providing
applicant and operator information;
providing permit history information;
providing violation information;
backfilling and grading: previously
mined areas; cessation orders; and
contractor eligibility. Louisiana revised
its regulatory program to be no less
effective than the corresponding Federal
regulations, and its abandoned mine
land reclamation plan to be consistent
with the Federal regulations.
DATES: Effective Date: March 9, 2011.
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 Louisiana Program
II. Submission of the Amendment
III. OSM’s Findings
IV. Summary and Disposition of Comments
V. OSM’s Decision
VI. Procedural Determinations
I. Background on the Louisiana
Program
Section 503(a) of the Act permits a
State to assume primacy for the
regulation of surface coal mining and
reclamation operations on non-Federal
and non-Indian lands within its borders
by demonstrating that its program
includes, among other things, ‘‘a State
law which provides for the regulation of
surface coal mining and reclamation
operations in accordance with the
requirements of this Act * * *; and
rules and regulations consistent with
regulations issued by the Secretary
pursuant to this Act.’’ See 30 U.S.C.
1253(a)(1) and (7). On the basis of these
criteria, the Secretary of the Interior
conditionally approved the Louisiana
program effective October 10, 1980. You
can find background information on the
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Louisiana program, including the
Secretary’s findings, the disposition of
comments, and the conditions of
approval of the Louisiana program in
the October 10, 1980, Federal Register
(45 FR 67340). You can also find later
actions concerning the Louisiana
program and program amendments at 30
CFR 918.10, 918.15 and 918.16.
The Abandoned Mine Land
Reclamation Program was established
by Title IV of the Act 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 the basis of these criteria, the
Secretary of the Interior approved the
Louisiana plan on November 10, 1986.
You can find background information
on the Louisiana plan, including the
Secretary’s findings, the disposition of
comments, and the approval of the plan
in the November 10, 1986, Federal
Register (51 FR 40795). You can find
later actions concerning the Louisiana
plan and amendments to the plan at 30
CFR 918.25.
II. Submission of the Amendment
By letter dated March 4, 2010
(Administrative Record No. LA–369),
Louisiana sent us an amendment to its
program under SMCRA (30 U.S.C. 1201
et seq.). Louisiana submitted its
proposed amendment in response to a
September 30, 2009, letter
(Administrative Record No. LA–368)
that OSM sent to Louisiana in
accordance with 30 CFR 732.17(c).
Louisiana proposed revisions to the
Louisiana Surface Mining Regulations
found in the Louisiana Administrative
Code, Title 43, Part XV (LAC)
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concerning definitions; lands eligible for
remining; general provisions for review
of permit application information and
entry of information into AVS; review of
applicant, operator, and ownership and
control information; review of permit
history; review of compliance history;
permit eligibility determination;
unanticipated events or conditions at
remining sites; eligibility for
provisionally issued permits; written
findings for permit application
approval; initial review and finding
requirements for improvidently issued
permits; suspension or rescission
requirements for improvidently issued
permits; who may challenge ownership
or control listings and findings; how to
challenge an ownership or control
listing or finding; burden of proof for
ownership or control challenges; written
agency decision on challenges to
ownership or control listings or
findings; post-permit issuance
requirements for regulatory authorities
and other actions based on ownership,
control, and violation information; postpermit issuance information
requirements for permittees; transfer,
assignment, or sale of permit rights;
certifying and updating existing permit
application information; providing
applicant and operator information;
providing permit history information;
providing violation information;
backfilling and grading: previously
mined areas; cessation orders; and
contractor eligibility.
We announced receipt of the
proposed amendment in the September
30, 2010, Federal Register (75 FR
60373). In the same document, we
opened the public comment period and
provided an opportunity for a public
hearing or meeting on the adequacy of
the amendment. We did not hold a
public hearing or meeting because no
one requested one. The public comment
period ended on November 1, 2010. We
did not receive any public comments.
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III. OSM’s Findings
We are approving the amendment as
described below. The following are the
findings we made concerning the
amendments unde SMCRA and the
Federal regulations at 30 CFR 732.15
and 732.17, and 30 CFR 884.14 and
884.15.
A. Section 105. Definitions
Louisiana added definitions for
Applicant/Violator System or AVS;
Knowing or knowingly; Control or
controller; Own, owner, or ownership;
and Willful or willfully.
We find that Louisiana’s new
definitions are substantively the same as
the counterpart Federal regulations at 30
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CFR 701.5. The full text of the new
definitions can be found in the
administrative record or online at
Regulations.gov.
Louisiana deleted the definitions for
Knowingly; Owned or Controlled and
Owns or Controls; Willfully; and Willful
Violation.
We find that these deletions will not
make Louisiana’s regulations less
effective than the Federal counterparts
because these definitions were
incorporated into other definitions to
more closely follow the Federal
counterpart. The full text of the deleted
definitions can be found in the
administrative record or online at
Regulations.gov.
Louisiana amended the definition
Transfer, Assignment or Sale of Rights
from.
We find that Louisiana’s new
definition is substantively the same as
the counterpart Federal regulation at 30
CFR 701.5.
Louisiana added a new definition For
Violation, the full text of the new
definition can be found in the
administrative record or online at
Regulations.gov.
We find that Louisiana’s new
definition is substantively the same as
the counterpart Federal regulation at 30
CFR 701.5 with the exception of not
including a State counterpart to
paragraph (C) related to an alternative
bonding system which is not needed
since Louisiana does not use an
alternative bonding system. We find that
this change, including the exception,
will not make Louisiana’s regulations
less effective than the Federal
counterpart.
Based on the above findings, we are
approving Louisiana’s proposed
regulations at Section 105, Definitions.
B. Section 2913. Lands Eligible for
Remining
Louisiana added a new section with
permitting requirements for lands
eligible for remining.
We find that Louisiana’s Section 2913
is substantively the same as the
counterpart Federal regulation at 30
CFR 785.25. Therefore, we are
approving it. The full text of the new
section can be found in the
administrative record or online at
Regulations.gov.
C. Section 3113. Review of Permit
Applications
Louisiana added a new paragraph C
pertaining to entry of information into
AVS.
We find that Louisiana’s Section
3113, paragraph C is substantively the
same as the counterpart Federal
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regulation at 30 CFR 773.8. Therefore,
we are approving it. The full text of the
new paragraph can be found in the
administrative record or online at
Regulations.gov.
Louisiana added a new paragraph D
for the review of applicant, operator,
and ownership and control information.
We find that Louisiana’s Section
3113, paragraph D is substantively the
same as the counterpart Federal
regulation at 30 CFR 773.9. Therefore,
we are approving it. The full text of the
new paragraph can be found in the
administrative record or online at
Regulations.gov.
Louisiana added a new paragraph E to
include provisions for the review of
permit history.
We find that Louisiana’s Section
3113, paragraph E is substantively the
same as the counterpart Federal
regulation at 30 CFR 773.10. Therefore,
we are approving it. The full text of the
new paragraph can be found in the
administrative record or online at
Regulations.gov.
Louisiana added a new paragraph F to
include provisions for the review of
compliance history.
We find that Louisiana’s Section
3113, paragraph F is substantively the
same as the counterpart Federal
regulation at 30 CFR 773.11. Therefore,
we are approving it. The full text of the
new paragraph can be found in the
administrative record or online at
Regulations.gov.
Louisiana added a new paragraph G
pertaining to permit eligibility
determinations.
We find that Louisiana’s Section
3113, paragraph G is substantively the
same as the counterpart Federal
regulation at 30 CFR 773.12. Therefore,
we are approving it. The full text of the
new paragraph can be found in the
administrative record or online at
Regulations.gov.
Louisiana added a new paragraph H
to include provisions for unanticipated
events or conditions at remining sites.
We find that Louisiana’s Section
3113, paragraph H is substantively the
same as the counterpart Federal
regulation at 30 CFR 773.13. Therefore,
we are approving it. The full text of the
new paragraph can be found in the
administrative record or online at
Regulations.gov.
Louisiana deleted paragraphs C, D, E,
and F related to reviews of violations,
permit issuance related to correction or
appeal of violations, and final
compliance reviews.
We find that the deletion of these four
paragraphs (C., D., E., and F.) will not
make Louisiana’s regulations less
effective than the Federal counterpart
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because these were incorporated into
new paragraphs to more closely follow
the Federal counterpart as listed above.
Therefore, we are approving it. The full
text of the deleted paragraphs can be
found in the administrative record or
online at Regulations.gov.
D. Section 3114. Eligibility for
Provisionally Issued Permits
Louisiana added new paragraphs A,
B, and C to include requirements for the
issuance of a provisional permit when a
notice of violation has been issued and
the abatement period has yet to expire,
or a violation is unabated or uncorrected
beyond the abatement or correction
period.
We find that Louisiana’s Section 3114
is substantively the same as the
counterpart Federal regulation at 30
CFR 773.14. Therefore, we are
approving it. The full text of the new
paragraphs can be found in the
administrative record or online at
Regulations.gov.
E. Section 3115. Criteria for Permit
Approval or Denial
Louisiana added paragraphs A. 17, 18,
and 19 for proposed remining
operations, permit application
requirements, and eligibility
requirements.
We find that Louisiana’s Section 3115
is no less effective than the counterpart
Federal regulation at 30 CFR 773.15.
Therefore, we are approving it. The full
text of the new paragraphs can be found
in the administrative record or online at
Regulations.gov.
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F. Section 3127. Improvidently Issued
Permits: General Procedures
Louisiana revised this section by
deleting the existing paragraphs A, B,
and C and replacing them with new
paragraphs A, B, C, D, and E for
improvidently issued permits.
We find that the deletion of the three
paragraphs (A, B, and C) will not make
Louisiana’s regulations less effective
than the Federal counterpart because
these were incorporated into new
paragraphs (A, B, C, D, and E) to more
closely follow the Federal counterparts.
We find that Louisiana’s new Section
3127 is substantively the same as the
counterpart Federal regulation at 30
CFR 773.21. Therefore, we are
approving it. The full text of the revised
section can be found in the
administrative record or online at
Regulations.gov.
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G. Section 3129. Improvidently Issued
Permits: Suspension or Rescission
Procedures
Louisiana revised this section by
adding ‘‘Suspension or’’ to the title and
by replacing paragraph A, revising subparagraphs of A via several editorial
changes, and by adding a new section A.
3 to closely follow 30 CFR 773.23.
We find that Louisiana’s Section 3129
closely follows the counterpart Federal
regulation at 30 CFR 773.23 and is no
less effective. Therefore, we are
approving it. The full text of the revised
section can be found in the
administrative record or online at
Regulations.gov.
H. Section 3131. Challenges to
Ownership or Control Listings and
Findings
Louisiana added this new section to
establish the requirements of who can
challenge a listing or finding of
ownership or control.
We find that Louisiana’s Section 3131
is substantively the same as the
counterpart Federal regulation at 30
CFR 773.25. Therefore, we are
approving it. The full text of the new
section can be found in the
administrative record or online at
Regulations.gov.
I. Section 3133. Challenging an
Ownership or Control Listing or Finding
Louisiana added this new section to
provide provisions for the applicant to
challenge an ownership or control
listing or finding.
We find that Louisiana’s Section 3133
is substantively the same as the
counterpart Federal regulation at 30
CFR 773.26. Therefore, we are
approving it. The full text of the new
section can be found in the
administrative record or online at
Regulations.gov.
J. Section 3135. Burden of Proof for
Ownership or Control Challenges
Louisiana added this new section to
include requirements for meeting the
burden of proof by the applicant.
We find that Louisiana’s Section 3135
is substantively the same as the
counterpart Federal regulation at 30
CFR 773.27. Therefore, we are
approving it. The full text of the new
section can be found in the
administrative record or online at
Regulations.gov.
K. Section 3137. Written Decision on
Challenges to Ownership or Control
Listings or Findings
Louisiana added this new section to
include requirements for the regulatory
authority to review and investigate the
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evidence and explanatory materials
submitted by the applicant when
challenging ownership or control
listings or findings.
We find that Louisiana’s Section 3137
is substantively the same as the
counterpart Federal regulation at 30
CFR 773.28. Therefore, we are
approving it. The full text of the new
section can be found in the
administrative record or online at
Regulations.gov.
L. Chapter 35. Permit Reviews and
Renewals; Transfers, Sale and
Assignment of Rights Granted Under
Permits
Louisiana amended the wording of
this title to read as follows:
Chapter 35. Permit Reviews and Renewals;
Transfer, Sale and Assignment of Rights
Granted Under Permits; Post-Permit Issuance
Requirements; and Other Actions Based on
Ownership, Control and Violation
Information
We find that Louisiana’s title change
is substantively the same as the Federal
counterpart title for part 774. Therefore,
we are approving it.
M. Section 3521. Post Permit Issuance
Requirements for Regulatory Authorities
and Other Actions Based on Ownership,
Control, and Violation Information
Louisiana added this new section to
include requirements for when the
regulatory authority has to enter
information into AVS.
We find that Louisiana’s Section 3521
is substantively the same as the
counterpart Federal regulation at 30
CFR 774.11. Therefore, we are
approving it. The full text of the new
section can be found in the
administrative record or online at
Regulations.gov.
N. Section 3523. Post-Permit Issuance
Information Requirements for
Permittees
Louisiana added this new section to
include requirements for the permittee
in relation to cessation orders.
We find that Louisiana’s Section 3523
is substantively the same as the
counterpart Federal regulation at 30
CFR 774.12. Therefore, we are
approving it. The full text of the new
section can be found in the
administrative record or online at
Regulations.gov.
O. Section 3517. Transfer, Assignment
or Sale of Permit Rights: Obtaining
Approval
Louisiana amended paragraph C.1. by
changing a reference to Section 3113.G
and 3115.
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We find that Louisiana’s revision to
Section 3517 does not make this section
less effective than the counterpart
Federal regulations at § 774.17.
Therefore, we are approving it. The full
text of the revised paragraph can be
found in the administrative record or
online at Regulations.gov.
P. Section 2304. Certifying and
Updating Existing Permit Application
Information
Louisiana added this new section to
include provisions for updating
information contained in AVS.
We find that Louisiana’s Section 2304
is substantively the same as the
counterpart Federal regulation at 30
CFR 778.9. Therefore, we are approving
it. The full text of the new section can
be found in the administrative record or
online at Regulations.gov.
Q. Section 2305. Identification of
Interests
R. Section 2307. Compliance
Information
Louisiana amended paragraphs A.1
and 3 to closely follow 30 CFR 778.14.
We find that Louisiana’s revision to
Section 2307 does not make this section
less effective than the counterpart
Federal regulations at § 778.14.
Therefore, we are approving it. The full
text of the revised paragraphs can be
found in the administrative record or
online at Regulations.gov.
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S. Section 5414. Backfilling and
Grading: Previously Mined Areas
Louisiana added this new section to
include requirements for backfilling and
grading on remining operations.
We find that Louisiana’s Section 5414
is substantively the same as the
counterpart Federal regulation at 30
CFR 816.106. Therefore, we are
approving it. The full text of the new
section can be found in the
administrative record or online at
Regulations.gov.
T. Section 6501. Cessation Orders
Louisiana amended paragraph G to
closely follow 30 CFR 843.11. We find
that Louisiana’s Section 6501 is
substantively the same as the
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U. Section 8509. Contractor Eligibility
Louisiana added this new section to
include requirements for contractor
eligibility to successfully bid for an
AML contract.
We find that Louisiana’s Section 8509
is substantively the same as the
counterpart Federal regulation at 30
CFR 874.16. Therefore, we are
approving it. The full text of the new
section can be found in the
administrative record or online at
Regulations.gov.
IV. Summary and Disposition of
Comments
Public Comments
Louisiana amended paragraphs A.1, 2,
3, and 4 to closely follow 30 CFR 778.11
and 778.12. We find that Louisiana’s
revision to Section 2305 does not make
this section less effective than the
counterpart Federal regulations at
§§ 778.11 and 778.12. Therefore, we are
approving it. The text of the revised
paragraphs can be found in the
administrative record or online at
Regulations.gov.
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counterpart Federal regulation at 30
CFR 843.11. Therefore, we are
approving it. The full text of the revised
paragraph can be found in the
administrative record or online at
Regulations.gov.
We asked for public comments on the
amendment, but did not receive any.
Federal Agency Comments
On April 6, 2010, under 30 CFR
732.17(h)(11)(i) and section 503(b) of
SMCRA, we requested comments on the
amendment from various Federal
agencies with an actual or potential
interest in the Louisiana program
(Administrative Record No. LA–369.01).
We did not receive any comments.
Environmental Protection Agency (EPA)
Concurrence and Comments
Under 30 CFR 732.17(h)(11)(ii), we
are required to get a written concurrence
from EPA for those provisions of the
program amendment that relate to air or
water quality standards issued under
the authority of the Clean Water Act (33
U.S.C. 1251 et seq.) or the Clean Air Act
(42 U.S.C. 7401 et seq.). None of the
revisions that Louisiana proposed to
make in this amendment pertains to air
or water quality standards. Therefore,
we did not ask EPA to concur on the
amendment. However, on April 6, 2010,
under 30 CFR 732.17(h)(11)(i), we
requested comments on the amendment
from the EPA (Administrative Record
No. LA–369.01). The EPA did not
respond to our request.
State Historical Preservation Officer
(SHPO) and the Advisory Council on
Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are
required to request comments from the
SHPO and ACHP on amendments that
may have an effect on historic
properties. On April 6, 2010, we
requested comments on Louisiana’
amendment (Administrative Record No.
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LA–369.01), but neither responded to
our request.
V. OSM’s Decision
Based on the above findings, we
approve the amendment Louisiana sent
us on March 4, 2010.
To implement this decision, we are
amending the Federal regulations at 30
CFR part 918, which codify decisions
concerning the Louisiana program. We
find that good cause exists under 5
U.S.C. 553(d)(3) to make this final rule
effective immediately. Section 503(a) of
SMCRA requires that the State’s
program demonstrate that the State has
the capability of carrying out the
provisions of the Act and meeting its
purposes. Making this rule effective
immediately will expedite that process.
SMCRA requires consistency of State
and Federal standards.
VI. Procedural Determinations
Executive Order 12630—Takings
This rule does not have takings
implications. This determination is
based on the analysis performed for the
counterpart Federal regulation.
Executive Order 12866—Regulatory
Planning and Review
This rule is exempted from review by
the Office of Management and Budget
(OMB) under Executive Order 12866.
Executive Order 12988—Civil Justice
Reform
The Department of the Interior has
conducted the reviews required by
section 3 of Executive Order 12988 and
has determined that this rule meets the
applicable standards of subsections (a)
and (b) of that section. However, these
standards are not applicable to the
actual language of State regulatory
programs and program amendments
because each program is drafted and
promulgated by a specific State, not by
OSM. Under sections 503 and 505 of
SMCRA (30 U.S.C. 1253 and 1255) and
the Federal regulations at 30 CFR
730.11, 732.15, and 732.17(h)(10)
decisions on proposed State regulatory
programs and program amendments
submitted by the States must be based
solely on a determination of whether the
submittal is consistent with SMCRA and
its implementing Federal regulations
and whether the other requirements of
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
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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.
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)).
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.
Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
Paperwork Reduction Act
Unfunded Mandates
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.).
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.
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
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 Louisiana program does not
regulate coal exploration and surface
coal mining and reclamation operations
on Indian lands. Therefore, the
Louisiana 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
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
List of Subjects in 30 CFR Part 918
Intergovernmental relations, Surface
mining, Underground mining.
Dated: December 29, 2010.
Ervin J. Barchenger,
Regional Director, Mid-Continent Region.
For the reasons set out in the
preamble, 30 CFR part 918 is amended
as set forth below:
PART 918—LOUISIANA
1. The authority citation for part 918
continues to read as follows:
■
Authority: 30 U.S.C. 1201 et seq.
2. Section 918.15 is amended in the
table by adding a new entry in
chronological order by ‘‘Date of final
publication’’ to read as follows:
■
§ 918.15 Approval of Louisiana regulatory
program amendments.
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Sections 105; 2913; 3113 C., D., E., F., G., H.; 3114; 3115 A. 17, 18, 19; 3127; 3129; 3131; 3133; 3135;
3137; Chapter 35 title; 3521; 3523; 3517 C.1.; 2304; 2305 A.1., A.2.c., d., e., A.3., A.4.; 2307 A.1., A.3.;
5414; 6501 G.
3. Section 918.25 is amended in the
table by adding a new entry in
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chronological order by ‘‘Date of final
publication’’ to read as follows:
§ 918.25 Approval of Louisiana abandoned
mine land reclamation plan amendments.
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[FR Doc. 2011–5382 Filed 3–8–11; 8:45 am]
surface coal mining and reclamation
operations in accordance with the
requirements of this Act * * *; and
rules and regulations consistent with
regulations issued by the Secretary
pursuant to this Act.’’ See 30 U.S.C.
1253(a)(1) and (7). On the basis of these
criteria, the Secretary of the Interior
conditionally approved the Montana
program on April 1, 1980. You can find
background information on the Montana
program, including the Secretary’s
findings, the disposition of comments,
and conditions of approval in the April
1, 1980, Federal Register (45 FR 21560).
You can also find later actions
concerning Montana’s program and
program amendments at 30 CFR 926.15,
926.16, and 926.30.
BILLING CODE 4310–05–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 926
[SATS No. MT–031–FOR; Administrative
Record No. OSM–2010–0010]
Montana Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of
amendment.
AGENCY:
We are approving an
amendment to the Montana regulatory
program (the ‘‘Montana program’’) under
the Surface Mining Control and
Reclamation Act of 1977 (‘‘SMCRA’’ or
‘‘the Act’’). Montana proposed revisions
to the Administrative Rules of Montana
(ARM) at Chapter 17.24.1109
(BONDING: LETTERS OF CREDIT).
Montana is revising its program to
incorporate the additional flexibility
afforded by the revised Federal
regulations and SMCRA, as amended,
and to improve operational efficiency.
DATES: Effective Date: March 9, 2011.
FOR FURTHER INFORMATION CONTACT:
Jeffery Fleischman, Field Office
Director, Casper Field Office, Office of
Surface Mining Reclamation and
Enforcement, 150 East B Street, Room
1018, Casper, Wyoming 82604–1018,
307–261–6552, jfleischman@osmre.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background on the Montana Program
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
mstockstill on DSKH9S0YB1PROD with RULES
I. Background on the Montana 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 State program
includes, among other things, ‘‘a State
law which provides for the regulation of
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II. Submission of the Proposed
Amendment
By letter dated July 14, 2010, Montana
sent us an amendment to its program
(Administrative Record Docket ID:
OSM–2010–0010) under SMCRA (30
U.S.C. 1201 et seq.). Montana sent the
amendment to include the changes
made at its own initiative. The
amendment changes a condition for
irrevocable letters of credit issued by
banks as collateral in order to correct an
error in the definition.
Specifically, in ARM
17.24.1109(1)(e)(iii), Montana (1)
substitutes ‘‘capital stock’’ for
‘‘shareholder equity’’ to tailor the
definition of ‘‘total stockholder’s equity’’
to that used by the banking industry;
and (2) deletes the criterion to evaluate
the financial strength of a bank issuing
a letter of credit set forth in ARM
17.24.1109(1)(f). The deletion of
requirements in subsection (1)(f)
recognizes that credit rating agencies
change over time and that not all credit
rating agencies use a rating scale that
includes a ‘B+’ rating as required by the
regulation. In addition, credit rating
agencies rate national banks and not
state chartered banks. The deletion of
subsection (1)(f) now allows qualifying
state chartered banks to issue letters of
credit as collateral for reclamation
bonds. With the deletion of subsection
(f), (g) through (j)(iii) will remain the
same, but are renumbered (f) through
(i)(iii).
We announced receipt of the
proposed amendment in the October 5,
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2010, Federal Register (Vol. 75, No. 192
FR 61366). 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 No.
OSM–2010–0010–0004).
We did not receive any comments. We
did not hold a public hearing or meeting
because no one requested one. The
public comment period ended on
November 4, 2010.
III. OSM’s Findings
Following are the findings we made
concerning the amendment under
SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17. We are
approving the amendment as described
below.
A. Revisions to Montana’s Rules With
No Corresponding Federal Regulation
The following are proposed revisions
to the Montana regulations that have no
corresponding Federal regulation.
Administrative Rules of Montana
(ARM) 17.24.1109, BONDING: LETTERS
OF CREDIT.
The substitution of the term ‘‘capital
stock’’ for ‘‘shareholders equity’’ brings
subsection (1)(e)(iii) in line with the
standard definition used by the banking
and financial institutions.
The deletion of the requirements in
subsection (1)(f) recognizes that credit
rating agencies change over time and
that not all credit rating agencies use a
rating scale that includes a B+ rating as
required by the regulation. In addition,
credit rating agencies rate national
banks and not state chartered banks.
The deletion of subsection (1)(f) now
allows qualifying state chartered banks
to issue letters of credit as collateral for
reclamation bonds.
We find that Montana’s revision of
ARM 17.24.1109 BONDING: LETTERS
OF CREDIT adds specificity beyond that
contained in the Federal regulations and
is no less effective. Accordingly, we are
approving Montana’s revision.
IV. Summary and Disposition of
Comments
Public Comments
We asked for public comments on the
amendment (Administrative Record
Docket ID: OSM–2010–0010), but did
not receive any.
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[Federal Register Volume 76, Number 46 (Wednesday, March 9, 2011)]
[Rules and Regulations]
[Pages 12852-12857]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5382]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 918
[SATS No. LA-023-FOR; Docket No. OSM-2010-0005]
Louisiana Regulatory Program/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, the Office of Surface Mining Reclamation and Enforcement
(OSM), are approving an amendment to the Louisiana regulatory program
and abandoned mine land reclamation plan under the Surface Mining
Control and Reclamation Act of 1977. Louisiana proposed revisions to
its regulations regarding: Definitions; lands eligible for remining;
general provisions for review of permit application information and
entry of information into Applicant Violator System (AVS); review of
applicant, operator, and ownership and control information; review of
permit history; review of compliance history; permit eligibility
determination; unanticipated events or conditions at remining sites;
eligibility for provisionally issued permits; written findings for
permit application approval; initial review and finding requirements
for improvidently issued permits; suspension or rescission requirements
for improvidently issued permits; who may challenge ownership or
control listings and findings; how to challenge an ownership or control
listing or finding; burden of proof for ownership or control
challenges; written agency decision on challenges to ownership or
control listings or findings; post-permit issuance requirements for
regulatory authorities and other actions based on ownership, control,
and violation information; post-permit issuance information
requirements for permittees; transfer, assignment, or sale of permit
rights; certifying and updating existing permit application
information; providing applicant and operator information; providing
permit history information; providing violation information;
backfilling and grading: previously mined areas; cessation orders; and
contractor eligibility. Louisiana revised its regulatory program to be
no less effective than the corresponding Federal regulations, and its
abandoned mine land reclamation plan to be consistent with the Federal
regulations.
DATES: Effective Date: March 9, 2011.
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 Louisiana Program
II. Submission of the Amendment
III. OSM's Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Procedural Determinations
I. Background on the Louisiana Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its program includes, among other things, ``a State law which provides
for the regulation of surface coal mining and reclamation operations in
accordance with the requirements of this Act * * *; and rules and
regulations consistent with regulations issued by the Secretary
pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On the basis
of these criteria, the Secretary of the Interior conditionally approved
the Louisiana program effective October 10, 1980. You can find
background information on the Louisiana program, including the
Secretary's findings, the disposition of comments, and the conditions
of approval of the Louisiana program in the October 10, 1980, Federal
Register (45 FR 67340). You can also find later actions concerning the
Louisiana program and program amendments at 30 CFR 918.10, 918.15 and
918.16.
The Abandoned Mine Land Reclamation Program was established by
Title IV of the Act 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 the basis of these criteria, the Secretary
of the Interior approved the Louisiana plan on November 10, 1986. You
can find background information on the Louisiana plan, including the
Secretary's findings, the disposition of comments, and the approval of
the plan in the November 10, 1986, Federal Register (51 FR 40795). You
can find later actions concerning the Louisiana plan and amendments to
the plan at 30 CFR 918.25.
II. Submission of the Amendment
By letter dated March 4, 2010 (Administrative Record No. LA-369),
Louisiana sent us an amendment to its program under SMCRA (30 U.S.C.
1201 et seq.). Louisiana submitted its proposed amendment in response
to a September 30, 2009, letter (Administrative Record No. LA-368) that
OSM sent to Louisiana in accordance with 30 CFR 732.17(c). Louisiana
proposed revisions to the Louisiana Surface Mining Regulations found in
the Louisiana Administrative Code, Title 43, Part XV (LAC)
[[Page 12853]]
concerning definitions; lands eligible for remining; general provisions
for review of permit application information and entry of information
into AVS; review of applicant, operator, and ownership and control
information; review of permit history; review of compliance history;
permit eligibility determination; unanticipated events or conditions at
remining sites; eligibility for provisionally issued permits; written
findings for permit application approval; initial review and finding
requirements for improvidently issued permits; suspension or rescission
requirements for improvidently issued permits; who may challenge
ownership or control listings and findings; how to challenge an
ownership or control listing or finding; burden of proof for ownership
or control challenges; written agency decision on challenges to
ownership or control listings or findings; post-permit issuance
requirements for regulatory authorities and other actions based on
ownership, control, and violation information; post-permit issuance
information requirements for permittees; transfer, assignment, or sale
of permit rights; certifying and updating existing permit application
information; providing applicant and operator information; providing
permit history information; providing violation information;
backfilling and grading: previously mined areas; cessation orders; and
contractor eligibility.
We announced receipt of the proposed amendment in the September 30,
2010, Federal Register (75 FR 60373). In the same document, we opened
the public comment period and provided an opportunity for a public
hearing or meeting on the adequacy of the amendment. We did not hold a
public hearing or meeting because no one requested one. The public
comment period ended on November 1, 2010. We did not receive any public
comments.
III. OSM's Findings
We are approving the amendment as described below. The following
are the findings we made concerning the amendments unde SMCRA and the
Federal regulations at 30 CFR 732.15 and 732.17, and 30 CFR 884.14 and
884.15.
A. Section 105. Definitions
Louisiana added definitions for Applicant/Violator System or AVS;
Knowing or knowingly; Control or controller; Own, owner, or ownership;
and Willful or willfully.
We find that Louisiana's new definitions are substantively the same
as the counterpart Federal regulations at 30 CFR 701.5. The full text
of the new definitions can be found in the administrative record or
online at Regulations.gov.
Louisiana deleted the definitions for Knowingly; Owned or
Controlled and Owns or Controls; Willfully; and Willful Violation.
We find that these deletions will not make Louisiana's regulations
less effective than the Federal counterparts because these definitions
were incorporated into other definitions to more closely follow the
Federal counterpart. The full text of the deleted definitions can be
found in the administrative record or online at Regulations.gov.
Louisiana amended the definition Transfer, Assignment or Sale of
Rights from.
We find that Louisiana's new definition is substantively the same
as the counterpart Federal regulation at 30 CFR 701.5.
Louisiana added a new definition For Violation, the full text of
the new definition can be found in the administrative record or online
at Regulations.gov.
We find that Louisiana's new definition is substantively the same
as the counterpart Federal regulation at 30 CFR 701.5 with the
exception of not including a State counterpart to paragraph (C) related
to an alternative bonding system which is not needed since Louisiana
does not use an alternative bonding system. We find that this change,
including the exception, will not make Louisiana's regulations less
effective than the Federal counterpart.
Based on the above findings, we are approving Louisiana's proposed
regulations at Section 105, Definitions.
B. Section 2913. Lands Eligible for Remining
Louisiana added a new section with permitting requirements for
lands eligible for remining.
We find that Louisiana's Section 2913 is substantively the same as
the counterpart Federal regulation at 30 CFR 785.25. Therefore, we are
approving it. The full text of the new section can be found in the
administrative record or online at Regulations.gov.
C. Section 3113. Review of Permit Applications
Louisiana added a new paragraph C pertaining to entry of
information into AVS.
We find that Louisiana's Section 3113, paragraph C is substantively
the same as the counterpart Federal regulation at 30 CFR 773.8.
Therefore, we are approving it. The full text of the new paragraph can
be found in the administrative record or online at Regulations.gov.
Louisiana added a new paragraph D for the review of applicant,
operator, and ownership and control information.
We find that Louisiana's Section 3113, paragraph D is substantively
the same as the counterpart Federal regulation at 30 CFR 773.9.
Therefore, we are approving it. The full text of the new paragraph can
be found in the administrative record or online at Regulations.gov.
Louisiana added a new paragraph E to include provisions for the
review of permit history.
We find that Louisiana's Section 3113, paragraph E is substantively
the same as the counterpart Federal regulation at 30 CFR 773.10.
Therefore, we are approving it. The full text of the new paragraph can
be found in the administrative record or online at Regulations.gov.
Louisiana added a new paragraph F to include provisions for the
review of compliance history.
We find that Louisiana's Section 3113, paragraph F is substantively
the same as the counterpart Federal regulation at 30 CFR 773.11.
Therefore, we are approving it. The full text of the new paragraph can
be found in the administrative record or online at Regulations.gov.
Louisiana added a new paragraph G pertaining to permit eligibility
determinations.
We find that Louisiana's Section 3113, paragraph G is substantively
the same as the counterpart Federal regulation at 30 CFR 773.12.
Therefore, we are approving it. The full text of the new paragraph can
be found in the administrative record or online at Regulations.gov.
Louisiana added a new paragraph H to include provisions for
unanticipated events or conditions at remining sites.
We find that Louisiana's Section 3113, paragraph H is substantively
the same as the counterpart Federal regulation at 30 CFR 773.13.
Therefore, we are approving it. The full text of the new paragraph can
be found in the administrative record or online at Regulations.gov.
Louisiana deleted paragraphs C, D, E, and F related to reviews of
violations, permit issuance related to correction or appeal of
violations, and final compliance reviews.
We find that the deletion of these four paragraphs (C., D., E., and
F.) will not make Louisiana's regulations less effective than the
Federal counterpart
[[Page 12854]]
because these were incorporated into new paragraphs to more closely
follow the Federal counterpart as listed above. Therefore, we are
approving it. The full text of the deleted paragraphs can be found in
the administrative record or online at Regulations.gov.
D. Section 3114. Eligibility for Provisionally Issued Permits
Louisiana added new paragraphs A, B, and C to include requirements
for the issuance of a provisional permit when a notice of violation has
been issued and the abatement period has yet to expire, or a violation
is unabated or uncorrected beyond the abatement or correction period.
We find that Louisiana's Section 3114 is substantively the same as
the counterpart Federal regulation at 30 CFR 773.14. Therefore, we are
approving it. The full text of the new paragraphs can be found in the
administrative record or online at Regulations.gov.
E. Section 3115. Criteria for Permit Approval or Denial
Louisiana added paragraphs A. 17, 18, and 19 for proposed remining
operations, permit application requirements, and eligibility
requirements.
We find that Louisiana's Section 3115 is no less effective than the
counterpart Federal regulation at 30 CFR 773.15. Therefore, we are
approving it. The full text of the new paragraphs can be found in the
administrative record or online at Regulations.gov.
F. Section 3127. Improvidently Issued Permits: General Procedures
Louisiana revised this section by deleting the existing paragraphs
A, B, and C and replacing them with new paragraphs A, B, C, D, and E
for improvidently issued permits.
We find that the deletion of the three paragraphs (A, B, and C)
will not make Louisiana's regulations less effective than the Federal
counterpart because these were incorporated into new paragraphs (A, B,
C, D, and E) to more closely follow the Federal counterparts. We find
that Louisiana's new Section 3127 is substantively the same as the
counterpart Federal regulation at 30 CFR 773.21. Therefore, we are
approving it. The full text of the revised section can be found in the
administrative record or online at Regulations.gov.
G. Section 3129. Improvidently Issued Permits: Suspension or Rescission
Procedures
Louisiana revised this section by adding ``Suspension or'' to the
title and by replacing paragraph A, revising sub-paragraphs of A via
several editorial changes, and by adding a new section A. 3 to closely
follow 30 CFR 773.23.
We find that Louisiana's Section 3129 closely follows the
counterpart Federal regulation at 30 CFR 773.23 and is no less
effective. Therefore, we are approving it. The full text of the revised
section can be found in the administrative record or online at
Regulations.gov.
H. Section 3131. Challenges to Ownership or Control Listings and
Findings
Louisiana added this new section to establish the requirements of
who can challenge a listing or finding of ownership or control.
We find that Louisiana's Section 3131 is substantively the same as
the counterpart Federal regulation at 30 CFR 773.25. Therefore, we are
approving it. The full text of the new section can be found in the
administrative record or online at Regulations.gov.
I. Section 3133. Challenging an Ownership or Control Listing or Finding
Louisiana added this new section to provide provisions for the
applicant to challenge an ownership or control listing or finding.
We find that Louisiana's Section 3133 is substantively the same as
the counterpart Federal regulation at 30 CFR 773.26. Therefore, we are
approving it. The full text of the new section can be found in the
administrative record or online at Regulations.gov.
J. Section 3135. Burden of Proof for Ownership or Control Challenges
Louisiana added this new section to include requirements for
meeting the burden of proof by the applicant.
We find that Louisiana's Section 3135 is substantively the same as
the counterpart Federal regulation at 30 CFR 773.27. Therefore, we are
approving it. The full text of the new section can be found in the
administrative record or online at Regulations.gov.
K. Section 3137. Written Decision on Challenges to Ownership or Control
Listings or Findings
Louisiana added this new section to include requirements for the
regulatory authority to review and investigate the evidence and
explanatory materials submitted by the applicant when challenging
ownership or control listings or findings.
We find that Louisiana's Section 3137 is substantively the same as
the counterpart Federal regulation at 30 CFR 773.28. Therefore, we are
approving it. The full text of the new section can be found in the
administrative record or online at Regulations.gov.
L. Chapter 35. Permit Reviews and Renewals; Transfers, Sale and
Assignment of Rights Granted Under Permits
Louisiana amended the wording of this title to read as follows:
Chapter 35. Permit Reviews and Renewals; Transfer, Sale and
Assignment of Rights Granted Under Permits; Post-Permit Issuance
Requirements; and Other Actions Based on Ownership, Control and
Violation Information
We find that Louisiana's title change is substantively the same as
the Federal counterpart title for part 774. Therefore, we are approving
it.
M. Section 3521. Post Permit Issuance Requirements for Regulatory
Authorities and Other Actions Based on Ownership, Control, and
Violation Information
Louisiana added this new section to include requirements for when
the regulatory authority has to enter information into AVS.
We find that Louisiana's Section 3521 is substantively the same as
the counterpart Federal regulation at 30 CFR 774.11. Therefore, we are
approving it. The full text of the new section can be found in the
administrative record or online at Regulations.gov.
N. Section 3523. Post-Permit Issuance Information Requirements for
Permittees
Louisiana added this new section to include requirements for the
permittee in relation to cessation orders.
We find that Louisiana's Section 3523 is substantively the same as
the counterpart Federal regulation at 30 CFR 774.12. Therefore, we are
approving it. The full text of the new section can be found in the
administrative record or online at Regulations.gov.
O. Section 3517. Transfer, Assignment or Sale of Permit Rights:
Obtaining Approval
Louisiana amended paragraph C.1. by changing a reference to Section
3113.G and 3115.
[[Page 12855]]
We find that Louisiana's revision to Section 3517 does not make
this section less effective than the counterpart Federal regulations at
Sec. 774.17. Therefore, we are approving it. The full text of the
revised paragraph can be found in the administrative record or online
at Regulations.gov.
P. Section 2304. Certifying and Updating Existing Permit Application
Information
Louisiana added this new section to include provisions for updating
information contained in AVS.
We find that Louisiana's Section 2304 is substantively the same as
the counterpart Federal regulation at 30 CFR 778.9. Therefore, we are
approving it. The full text of the new section can be found in the
administrative record or online at Regulations.gov.
Q. Section 2305. Identification of Interests
Louisiana amended paragraphs A.1, 2, 3, and 4 to closely follow 30
CFR 778.11 and 778.12. We find that Louisiana's revision to Section
2305 does not make this section less effective than the counterpart
Federal regulations at Sec. Sec. 778.11 and 778.12. Therefore, we are
approving it. The text of the revised paragraphs can be found in the
administrative record or online at Regulations.gov.
R. Section 2307. Compliance Information
Louisiana amended paragraphs A.1 and 3 to closely follow 30 CFR
778.14. We find that Louisiana's revision to Section 2307 does not make
this section less effective than the counterpart Federal regulations at
Sec. 778.14. Therefore, we are approving it. The full text of the
revised paragraphs can be found in the administrative record or online
at Regulations.gov.
S. Section 5414. Backfilling and Grading: Previously Mined Areas
Louisiana added this new section to include requirements for
backfilling and grading on remining operations.
We find that Louisiana's Section 5414 is substantively the same as
the counterpart Federal regulation at 30 CFR 816.106. Therefore, we are
approving it. The full text of the new section can be found in the
administrative record or online at Regulations.gov.
T. Section 6501. Cessation Orders
Louisiana amended paragraph G to closely follow 30 CFR 843.11. We
find that Louisiana's Section 6501 is substantively the same as the
counterpart Federal regulation at 30 CFR 843.11. Therefore, we are
approving it. The full text of the revised paragraph can be found in
the administrative record or online at Regulations.gov.
U. Section 8509. Contractor Eligibility
Louisiana added this new section to include requirements for
contractor eligibility to successfully bid for an AML contract.
We find that Louisiana's Section 8509 is substantively the same as
the counterpart Federal regulation at 30 CFR 874.16. Therefore, we are
approving it. The full text of the new section can be found in the
administrative record or online at Regulations.gov.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment, but did not receive
any.
Federal Agency Comments
On April 6, 2010, under 30 CFR 732.17(h)(11)(i) and section 503(b)
of SMCRA, we requested comments on the amendment from various Federal
agencies with an actual or potential interest in the Louisiana program
(Administrative Record No. LA-369.01). We did not receive any comments.
Environmental Protection Agency (EPA) Concurrence and Comments
Under 30 CFR 732.17(h)(11)(ii), we are required to get a written
concurrence from EPA for those provisions of the program amendment that
relate to air or water quality standards issued under the authority of
the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean Air Act (42
U.S.C. 7401 et seq.). None of the revisions that Louisiana proposed to
make in this amendment pertains to air or water quality standards.
Therefore, we did not ask EPA to concur on the amendment. However, on
April 6, 2010, under 30 CFR 732.17(h)(11)(i), we requested comments on
the amendment from the EPA (Administrative Record No. LA-369.01). The
EPA did not respond to our request.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are required to request comments from
the SHPO and ACHP on amendments that may have an effect on historic
properties. On April 6, 2010, we requested comments on Louisiana'
amendment (Administrative Record No. LA-369.01), but neither responded
to our request.
V. OSM's Decision
Based on the above findings, we approve the amendment Louisiana
sent us on March 4, 2010.
To implement this decision, we are amending the Federal regulations
at 30 CFR part 918, which codify decisions concerning the Louisiana
program. We find that good cause exists under 5 U.S.C. 553(d)(3) to
make this final rule effective immediately. Section 503(a) of SMCRA
requires that the State's program demonstrate that the State has the
capability of carrying out the provisions of the Act and meeting its
purposes. Making this rule effective immediately will expedite that
process. SMCRA requires consistency of State and Federal standards.
VI. Procedural Determinations
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal regulation.
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 and has determined that this rule
meets the applicable standards of subsections (a) and (b) of that
section. However, these standards are not applicable to the actual
language of State regulatory programs and program amendments because
each program is drafted and promulgated by a specific State, not by
OSM. Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and
the Federal regulations at 30 CFR 730.11, 732.15, and 732.17(h)(10)
decisions on proposed State regulatory programs and program amendments
submitted by the States must be based solely on a determination of
whether the submittal is consistent with SMCRA and its implementing
Federal regulations and whether the other requirements of 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
[[Page 12856]]
reclamation operations. One of the purposes of SMCRA is to ``establish
a nationwide program to protect society and the environment from the
adverse effects of surface coal mining operations.'' Section 503(a)(1)
of SMCRA requires that State laws regulating surface coal mining and
reclamation operations be ``in accordance with'' the requirements of
SMCRA, and section 503(a)(7) requires that State programs contain rules
and regulations ``consistent with'' regulations issued by the Secretary
pursuant to SMCRA.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on Federally-recognized Indian tribes
and have determined that the rule does not have substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
This determination is based on the fact that the Louisiana program does
not regulate coal exploration and surface coal mining and reclamation
operations on Indian lands. Therefore, the Louisiana 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 918
Intergovernmental relations, Surface mining, Underground mining.
Dated: December 29, 2010.
Ervin J. Barchenger,
Regional Director, Mid-Continent Region.
For the reasons set out in the preamble, 30 CFR part 918 is amended
as set forth below:
PART 918--LOUISIANA
0
1. The authority citation for part 918 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
2. Section 918.15 is amended in the table by adding a new entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 918.15 Approval of Louisiana regulatory program amendments.
* * * * *
------------------------------------------------------------------------
Original amendment Date of final
submission date publication Citation/description
------------------------------------------------------------------------
* * * * * * *
March 4, 2010.......... March 9, 2011.......... Sections 105; 2913;
3113 C., D., E., F.,
G., H.; 3114; 3115 A.
17, 18, 19; 3127;
3129; 3131; 3133;
3135; 3137; Chapter
35 title; 3521; 3523;
3517 C.1.; 2304; 2305
A.1., A.2.c., d., e.,
A.3., A.4.; 2307
A.1., A.3.; 5414;
6501 G.
------------------------------------------------------------------------
0
3. Section 918.25 is amended in the table by adding a new entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 918.25 Approval of Louisiana abandoned mine land reclamation
plan amendments.
* * * * *
[[Page 12857]]
------------------------------------------------------------------------
Original amendment Date of final
submission date publication Citation/description
------------------------------------------------------------------------
* * * * * * *
March 4, 2010............... March 9, 2011....... Section 8509.
------------------------------------------------------------------------
[FR Doc. 2011-5382 Filed 3-8-11; 8:45 am]
BILLING CODE 4310-05-P
