Alabama Regulatory Program, 30008-30010 [2011-12747]
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Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules and Regulations
onto the Neenach School map to the
California Aqueduct’s intersection with
the Pacific Crest National Scenic Trail
(adjacent to the Los Angeles Aqueduct)
in section 16, T8N/R16W; then
(15) Proceed north and then generally
east and north along the Pacific Crest
National Scenic Trail, crossing over the
Fairmont Butte map, and continue onto
the Tylerhorse Canyon map to the point
where the Trail and the adjacent Los
Angeles Aqueduct separate near
elevation point 3120 and West Antelope
Station in section 3, T9N/R15W; then
(16) Proceed generally northeast along
the Los Angeles Aqueduct crossing onto
the Willow Springs map, to the
Aqueduct’s intersection with Tehachapi
Willow Springs Road, section 7, T10N/
R13W; then
(17) Proceed generally south on
Tehachapi Willow Springs Road,
crossing onto the Little Buttes map, to
the road’s intersection with the 2,500foot elevation line along the western
boundary of section 17, T9N/R13W;
then
(18) Proceed generally east along the
meandering 2,500-foot elevation line,
crossing over the Willow Springs map
and continuing onto the Soledad Mtn.
map, where that elevation line crosses
over and back three times from the
Rosamond map, to the elevation line’s
intersection with the Edwards AFB
boundary line, section 10, T9N/R12W;
and then
(19) Proceed straight south along the
Edwards AFB boundary line, crossing
over to the Rosamond map, and return
to the beginning point.
Signed: January 5, 2011.
John J. Manfreda,
Administrator.
Approved: January 5, 2011.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 2011–12823 Filed 5–23–11; 8:45 am]
BILLING CODE XXXX–XX–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
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30 CFR Part 901
[SATS No. AL–076–FOR; Docket ID: OSM–
2010–0020]
Alabama Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of
amendment.
AGENCY:
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We, the Office of Surface
Mining Reclamation and Enforcement
(OSM), are approving an amendment to
the Alabama regulatory program
(Alabama program) under the Surface
Mining Control and Reclamation Act of
1977 (SMCRA or the Act). Alabama
revised its regulations regarding their
license fees, annual license updates, and
blaster certification fees. Alabama
revised its program to improve
operational efficiency.
DATES: Effective Date: May 24, 2011.
FOR FURTHER INFORMATION CONTACT:
Sherry Wilson, Director, Birmingham
Field Office. Telephone: (205) 290–
7282. E-mail: swilson@osmre.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background on the Alabama Program
II. Submission of the Amendment
III. OSM’s Findings
IV. Summary and Disposition of Comments
V. OSM’s Decision
VI. Procedural Determinations
22, 2011, Federal Register (76 FR 9700).
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 March 24, 2011. 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 under SMCRA and the
Federal regulations at 30 CFR 732.15
and 732.17. The full text of Alabama’s
program amendment is available for you
to read at https://www.regulations.gov.
I. Background on the Alabama Program
Section 503(a) of the Act permits a
State to assume primacy for the
regulation of surface coal mining and
reclamation operations on non-Federal
and non-Indian lands within its borders
by demonstrating that its program
includes, among other things, ‘‘a State
law which provides for the regulation of
surface coal mining and reclamation
operations in accordance 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 Alabama
program effective May 20, 1982. You
can find background information on the
Alabama program, including the
Secretary’s findings, the disposition of
comments, and the conditions of
approval of the Alabama program in the
May 20, 1982, Federal Register (47 FR
22057). You can also find later actions
concerning the Alabama program and
program amendments at 30 CFR 901.10,
901.15, and 901.16.
A. Alabama Rule 880–X–6A–.07 License
Fees
Alabama increased its license fee to
$2,500.00 and deleted language
regarding pre-existing license fees.
There is no Federal counterpart to this
section and we find the modifications
are not inconsistent with the
requirements of SMCRA or the Federal
regulations. Therefore, we are approving
it.
B. Alabama Rule 880–X–6A–.08 Annual
License Updates
Alabama revised this section by
modifying the date of annual license
updates. Alabama deleted the word
‘‘renewal’’ and replaced it with ‘‘license
update’’ or ‘‘update.’’ Alabama increased
its license update fees to $500.00.
Alabama added new language detailing
the penalty process for not submitting
an annual license update form and
applicable fees. There is no Federal
counterpart to this section and we find
that the modifications are not
inconsistent with the requirements of
SMCRA or the Federal regulations.
Therefore, we are approving it.
II. Submission of the Amendment
By letter dated October 28, 2010
(Administrative Record No. AL–0662),
Alabama sent us amendments to its
program under SMCRA (30 U.S.C. 1201
et seq.). Alabama’s revised mining
regulations are found at Alabama Rule
880–X–6A–.07 License Fees; Alabama
Rule 880–X–6A–.08 Annual License
Updates; and Alabama Rule 880–X–
12A–.09 Fees.
We announced receipt of Alabama’s
proposed amendment in the February
C. Alabama Rule 880–X–12A–.09 Fees
Alabama added a new section
establishing a blaster certification fee of
$100.00; a blaster certification renewal
fee of $50.00; and a reciprocity fee of
$50.00. There is no Federal counterpart
to this section and we find the addition
of this new section is not inconsistent
with the requirements of SMCRA or the
Federal regulations. Therefore, we are
approving it.
IV. Summary and Disposition of
Comments
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Public Comments
We asked for public comments on
Alabama’s revised program
amendments, but did not receive any.
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Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules and Regulations
Federal Agency Comments
VI. Procedural Determinations
On November 26, 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 Alabama program
(Administrative Record No. AL–
0662.01). We did not receive any
comments.
Executive Order 12630—Takings
This rule does not have takings
implications. This determination is
based on the analysis performed for the
Federal regulations.
Environmental Protection Agency (EPA)
Concurrence and Comments
Under 30 CFR 732.17(h)(11)(ii), we
are required to get a written concurrence
from EPA for those provisions of the
program amendment that relate to air or
water quality standards issued under
the authority of the Clean Water Act (33
U.S.C. 1251 et seq.) or the Clean Air Act
(42 U.S.C. 7401 et seq.). None of the
revisions that Alabama proposed to
make in this amendment pertained to
air or water quality standards.
Therefore, we did not ask EPA to concur
on the amendment. However, on
November 26, 2010, under 30 CFR
732.17(h)(11)(i), we requested
comments on the amendment from the
EPA (Administrative Record No. AL–
0662.01). 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 November 26, 2010, we
requested comments on the Alabama
amendment (Administrative Record No.
AL–0662.01), but neither responded to
our request.
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V. OSM’s Decision
Based on the above findings, we
approve the amendment Alabama sent
us on October 28, 2010. To implement
this decision, we are amending the
Federal regulations at 30 CFR Part 901,
which codify decisions concerning the
Alabama 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.
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Executive Order 12866—Regulatory
Planning and Review
This rule is exempted from review by
the Office of Management and Budget
(OMB) under Executive Order 12866.
Executive Order 12988—Civil Justice
Reform
The Department of the Interior has
conducted the reviews required by
section 3 of Executive Order 12988 and
has determined that this rule meets the
applicable standards of subsections (a)
and (b) of that section. However, these
standards are not applicable to the
actual language of State regulatory
programs and program amendments
because each program is drafted and
promulgated by a specific State, not by
OSM. Under sections 503 and 505 of
SMCRA (30 U.S.C. 1253 and 1255) and
the Federal regulations at 30 CFR
730.11, 732.15, and 732.17(h)(10)
decisions on proposed State regulatory
programs and program amendments
submitted by the States must be based
solely on a determination of whether the
submittal is consistent with SMCRA and
its implementing Federal regulations
and whether the other requirements of
30 CFR parts 730, 731, and 732 have
been met.
Executive Order 13132—Federalism
This rule does not have Federalism
implications. SMCRA delineates the
roles of the Federal and State
governments with regard to the
regulation of surface coal mining and
reclamation operations. One of the
purposes of SMCRA is to ‘‘establish a
nationwide program to protect society
and the environment from the adverse
effects of surface coal mining
operations.’’ Section 503(a)(1) of SMCRA
requires that State laws regulating
surface coal mining and reclamation
operations be ‘‘in accordance with’’ the
requirements of SMCRA, and section
503(a)(7) requires that State programs
contain rules and regulations
‘‘consistent with’’ regulations issued by
the Secretary pursuant to SMCRA.
Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
In accordance with Executive Order
13175, we have evaluated the potential
effects of this rule on Federallyrecognized Indian tribes and have
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30009
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 Alabama program does not
regulate coal exploration and surface
coal mining and reclamation operations
on Indian lands. Therefore, the Alabama
program has no effect on Federallyrecognized Indian tribes.
Executive Order 13211—Regulations
That Significantly Affect the Supply,
Distribution, or Use of Energy
On May 18, 2001, the President issued
Executive Order 13211 which requires
agencies to prepare a Statement of
Energy Effects for a rule that is (1)
considered significant under Executive
Order 12866, and (2) likely to have a
significant adverse effect on the supply,
distribution, or use of energy. Because
this rule is exempt from review under
Executive Order 12866 and is not
expected to have a significant adverse
effect on the supply, distribution, or use
of energy, a Statement of Energy Effects
is not required.
National Environmental Policy Act
This rule does not require an
environmental impact statement
because section 702(d) of SMCRA (30
U.S.C. 1292(d)) provides that agency
decisions on proposed State regulatory
program provisions do not constitute
major Federal actions within the
meaning of section 102(2)(C) of the
National Environmental Policy Act (42
U.S.C. 4332(2)(C)).
Paperwork Reduction Act
This rule does not contain
information collection requirements that
require approval by OMB under the
Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
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
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Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules and Regulations
upon the data and assumptions for the
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
Federal regulations for which an
analysis was prepared and a
determination made that the Federal
regulations were not considered major.
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
Federal regulations for which an
analysis was prepared and a
determination made that the Federal
regulation did not impose an unfunded
mandate.
List of Subjects in 30 CFR Part 901
Intergovernmental relations, Surface
mining, Underground mining.
Dated: March 25, 2011.
Ervin J. Barchenger,
Regional Director, Mid-Continent Region.
For the reasons set out in the
preamble, 30 CFR part 901 is amended
as set forth below:
PART 901—ALABAMA
1. The authority citation for Part 901
continues to read as follows:
■
Authority: 30 U.S.C. 1201 et seq.
2. Section 901.15 is amended in the
table by adding a new entry in
chronological order by ‘‘Date of final
publication’’ to read as follows:
■
§ 901.15 Approval of Alabama regulatory
program amendments.
*
*
*
*
*
Original amendment
submission date
Date of final publication
Citation/description
*
*
October 28, 2010 ..............................................
*
*
*
May 24, 2011 ....................................................
*
*
Sections 880–X–6A–.07, 880–X–6A–.08, and
880–X–12A–.09.
[FR Doc. 2011–12747 Filed 5–23–11; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 4310–05–P
Jeffrey Fleischman, Casper Field Office
Director, Telephone: (307) 261–6550,
Internet address:
jfleischman@OSMRE.gov.
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.
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
SUPPLEMENTARY INFORMATION:
[SATS No. MT–030–FOR; Docket ID No.
OSM–2009–0007]
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
Montana Regulatory Program
I. Background on the Montana Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
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
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,
30 CFR Part 926
AGENCY:
Final rule; approval of
amendment.
ACTION:
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 and additions of statutes about bond
release responsibility periods for water
management facilities and other support
facilities comprising less than 10
percent of the total bond release area.
Montana revised its program to clarify
ambiguities and improve operational
efficiency.
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SUMMARY:
DATES:
Effective Date: May 24, 2011.
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II. Submission of the Proposed
Amendment
By letter dated May 12, 2009,
Montana sent us an amendment to its
program (Administrative Record No.
MT–27–01, Regulations.gov Document
ID No. OSM–2009–0007–0002) under
SMCRA (30 U.S.C. 1201 et seq.).
Montana sent the amendment to include
changes made at its own initiative.
We announced receipt of the
proposed amendment in the August 12,
2009, Federal Register (74 FR 40537). 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. MT–27–05;
Regulations.gov Document ID No. OSM–
2009–0007–0001). We did not hold a
public hearing or meeting because no
one requested one. The public comment
period ended on September 11, 2009.
We received one public comment and
one Federal agency comment. During
our review of Montana’s original
submittal and the comments received,
we identified concerns with the
amendment proposal. We conveyed our
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]]>Agencies
[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Rules and Regulations]
[Pages 30008-30010]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12747]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 901
[SATS No. AL-076-FOR; Docket ID: OSM-2010-0020]
Alabama Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are approving an amendment to the Alabama regulatory program
(Alabama program) under the Surface Mining Control and Reclamation Act
of 1977 (SMCRA or the Act). Alabama revised its regulations regarding
their license fees, annual license updates, and blaster certification
fees. Alabama revised its program to improve operational efficiency.
DATES: Effective Date: May 24, 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 Alabama 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 Alabama Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its program includes, among other things, ``a State law which provides
for the regulation of surface coal mining and reclamation operations in
accordance 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 Alabama program effective May 20, 1982. You can find background
information on the Alabama program, including the Secretary's findings,
the disposition of comments, and the conditions of approval of the
Alabama program in the May 20, 1982, Federal Register (47 FR 22057).
You can also find later actions concerning the Alabama program and
program amendments at 30 CFR 901.10, 901.15, and 901.16.
II. Submission of the Amendment
By letter dated October 28, 2010 (Administrative Record No. AL-
0662), Alabama sent us amendments to its program under SMCRA (30 U.S.C.
1201 et seq.). Alabama's revised mining regulations are found at
Alabama Rule 880-X-6A-.07 License Fees; Alabama Rule 880-X-6A-.08
Annual License Updates; and Alabama Rule 880-X-12A-.09 Fees.
We announced receipt of Alabama's proposed amendment in the
February 22, 2011, Federal Register (76 FR 9700). 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 March 24, 2011. 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 under SMCRA and the
Federal regulations at 30 CFR 732.15 and 732.17. The full text of
Alabama's program amendment is available for you to read at https://www.regulations.gov.
A. Alabama Rule 880-X-6A-.07 License Fees
Alabama increased its license fee to $2,500.00 and deleted language
regarding pre-existing license fees. There is no Federal counterpart to
this section and we find the modifications are not inconsistent with
the requirements of SMCRA or the Federal regulations. Therefore, we are
approving it.
B. Alabama Rule 880-X-6A-.08 Annual License Updates
Alabama revised this section by modifying the date of annual
license updates. Alabama deleted the word ``renewal'' and replaced it
with ``license update'' or ``update.'' Alabama increased its license
update fees to $500.00. Alabama added new language detailing the
penalty process for not submitting an annual license update form and
applicable fees. There is no Federal counterpart to this section and we
find that the modifications are not inconsistent with the requirements
of SMCRA or the Federal regulations. Therefore, we are approving it.
C. Alabama Rule 880-X-12A-.09 Fees
Alabama added a new section establishing a blaster certification
fee of $100.00; a blaster certification renewal fee of $50.00; and a
reciprocity fee of $50.00. There is no Federal counterpart to this
section and we find the addition of this new section is not
inconsistent with the requirements of SMCRA or the Federal regulations.
Therefore, we are approving it.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on Alabama's revised program
amendments, but did not receive any.
[[Page 30009]]
Federal Agency Comments
On November 26, 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 Alabama
program (Administrative Record No. AL-0662.01). 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 Alabama proposed to
make in this amendment pertained to air or water quality standards.
Therefore, we did not ask EPA to concur on the amendment. However, on
November 26, 2010, under 30 CFR 732.17(h)(11)(i), we requested comments
on the amendment from the EPA (Administrative Record No. AL-0662.01).
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 November 26, 2010, we requested comments on the Alabama
amendment (Administrative Record No. AL-0662.01), but neither responded
to our request.
V. OSM's Decision
Based on the above findings, we approve the amendment Alabama sent
us on October 28, 2010. To implement this decision, we are amending the
Federal regulations at 30 CFR Part 901, which codify decisions
concerning the Alabama 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 Federal regulations.
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 and has determined that this rule
meets the applicable standards of subsections (a) and (b) of that
section. However, these standards are not applicable to the actual
language of State regulatory programs and program amendments because
each program is drafted and promulgated by a specific State, not by
OSM. Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and
the Federal regulations at 30 CFR 730.11, 732.15, and 732.17(h)(10)
decisions on proposed State regulatory programs and program amendments
submitted by the States must be based solely on a determination of
whether the submittal is consistent with SMCRA and its implementing
Federal regulations and whether the other requirements of 30 CFR parts
730, 731, and 732 have been met.
Executive Order 13132--Federalism
This rule does not have Federalism implications. SMCRA delineates
the roles of the Federal and State governments with regard to the
regulation of surface coal mining and reclamation operations. One of
the purposes of SMCRA is to ``establish a nationwide program to protect
society and the environment from the adverse effects of surface coal
mining operations.'' Section 503(a)(1) of SMCRA requires that State
laws regulating surface coal mining and reclamation operations be ``in
accordance with'' the requirements of SMCRA, and section 503(a)(7)
requires that State programs contain rules and regulations ``consistent
with'' regulations issued by the Secretary pursuant to SMCRA.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on Federally-recognized Indian tribes
and have determined that the rule does not have substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
This determination is based on the fact that the Alabama program does
not regulate coal exploration and surface coal mining and reclamation
operations on Indian lands. Therefore, the Alabama program has no
effect on Federally-recognized Indian tribes.
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
This rule does not require an environmental impact statement
because section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that
agency decisions on proposed State regulatory program provisions do not
constitute major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)).
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior certifies that this rule will not
have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The State submittal, which is the subject of this rule, is based upon
counterpart Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. In making the determination as to whether this rule would
have a significant economic impact, the Department relied
[[Page 30010]]
upon the data and assumptions for the 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 Federal
regulations for which an analysis was prepared and a determination made
that the Federal regulations were not considered major.
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 Federal
regulations for which an analysis was prepared and a determination made
that the Federal regulation did not impose an unfunded mandate.
List of Subjects in 30 CFR Part 901
Intergovernmental relations, Surface mining, Underground mining.
Dated: March 25, 2011.
Ervin J. Barchenger,
Regional Director, Mid-Continent Region.
For the reasons set out in the preamble, 30 CFR part 901 is amended
as set forth below:
PART 901--ALABAMA
0
1. The authority citation for Part 901 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
2. Section 901.15 is amended in the table by adding a new entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 901.15 Approval of Alabama regulatory program amendments.
* * * * *
------------------------------------------------------------------------
Original amendment submission Date of final Citation/
date publication description
------------------------------------------------------------------------
* * * * * * *
October 28, 2010............... May 24, 2011....... Sections 880-X-6A-
.07, 880-X-6A-
.08, and 880-X-
12A-.09.
------------------------------------------------------------------------
[FR Doc. 2011-12747 Filed 5-23-11; 8:45 am]
BILLING CODE 4310-05-P
