Iowa Regulatory Program, 25868-25872 [2012-10567]
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Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Rules and Regulations
through (i) of this section are not
returned to the United States, a detailed
report must be submitted to the Office
of Defense Trade Controls Compliance
in accordance with the requirements of
§ 127.12(c)(2) of this subchapter.
(k) To use the exemptions in this
section, individuals are not required to
be registered with the Department of
State (the registration requirement is
described in part 122 of this
subchapter). All other entities must be
registered and eligible, as provided in
§§ 120.1(c) and (d) and part 122 of this
subchapter.
PART 126—GENERAL POLICIES AND
PROVISIONS
3. The authority citation for part 126
is revised to read as follows:
■
Authority: Secs. 2, 38, 40, 42, and 71, Pub.
L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
2780, 2791, and 2797); E.O. 11958, 42 FR
4311; 3 CFR, 1977 Comp., p. 79; 22 U.S.C.
2651a; 22 U.S.C. 287c; E.O. 12918, 59 FR
28205; 3 CFR, 1994 Comp., p. 899; Sec. 1225,
Pub. L. 108–375; Sec. 7089, Pub. L. 111–117;
Pub. L. 111–266; Section 7045, Pub. L. 112–
74; Section 7046, Pub. L. 112–74.
Dated: April 25, 2012.
Rose E. Gottemoeller,
Acting Under Secretary, Arms Control and
International Security, Department of State.
[FR Doc. 2012–10599 Filed 5–1–12; 8:45 am]
BILLING CODE 4710–25–P
NATIONAL LABOR RELATIONS
BOARD
29 CFR Part 104
RIN 3142–AA07
Notification of Employee Rights Under
the National Labor Relations Act
AGENCY:
National Labor Relations
Board.
Final rule; Court-ordered delay
of effective date.
ACTION:
On August 30, 2011, the
National Labor Relations Board (Board)
published a final rule requiring
employers subject to the National Labor
Relations Act (NLRA) to post notices
informing their employees of their rights
as employees under the NLRA. (76 FR
54006, August 30, 2011.) On October 12,
2011, the Board amended that rule to
delay the effective date from November
14, 2011, to January 31, 2012. (76 FR
63188, October 12, 2011.) The Board
later further amended the rule to delay
the effective date from January 31, 2012,
to April 30, 2012. (76 FR 82133
December 30, 2011.) On April 17, 2012,
in light of conflicting decisions at the
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SUMMARY:
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district court level, the D.C. Circuit
entered an injunction pending appeal
further delaying the effective date of the
rule. National Association of
Manufacturers v. NLRB (12–5068 D.C.
Cir. April 17, 2012) citing Chamber of
Commerce v. NLRB (11–02516 D.S.C.
April 13, 2012) (finding Board lacked
authority to issue rule). The purpose of
this notice is to announce that delay in
the effective date of the rule.
DATES: The effective date of the final
rule published at 76 FR 54006, August
30, 2011, and amended at 76 FR 63188,
October 12, 2011, and at 76 FR 82133,
December 30, 2011, is by judicial action
delayed indefinitely from April 30,
2012, pending resolution of the legal
issues raised by the conflicting court
decisions.
FOR FURTHER INFORMATION CONTACT:
Lester A. Heltzer, Executive Secretary,
National Labor Relations Board, 1099
14th Street NW., Washington, DC 20570,
(202) 273–1067 (this is not a toll-free
number), 1–(866) 315–6572 (TTY/TDD).
SUPPLEMENTARY INFORMATION: On August
30, 2011, the National Labor Relations
Board published a final rule requiring
employers subject to the National Labor
Relations Act (NLRA) to post notices
informing their employees of their rights
as employees under the NLRA. The
Board later changed the effective date of
the rule from November 14, 2011, to
January 31, 2012, and then to April 30,
2012. On April 13, 2012, the District
Court for South Carolina held, contrary
to the District Court for the District of
Columbia, that the Board lacked
authority to issue the rule. On April 17,
2012, the D.C. Circuit temporarily
enjoined the rule in light of conflicting
decisions at the district court level.
Accordingly, the effective date of the
rule is delayed until further notice.
Signed in Washington, DC, on April 26,
2012.
Lester A. Heltzer,
Executive Secretary.
[FR Doc. 2012–10520 Filed 4–27–12; 4:15 pm]
BILLING CODE 7545–01–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 915
[Docket No. IA–016–FOR; Docket ID OSM–
2011–0014]
Iowa Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
AGENCY:
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Final rule; approval of
amendment.
ACTION:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSM), are announcing our approval of
a proposed amendment to the Iowa
regulatory program (Iowa program)
under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the
Act). Iowa proposed to revise its
regulatory program by updating its
adoption by reference of applicable
portions of 30 CFR part 700 to End from
the July 1, 2002, version to the July 1,
2010, version. Additionally, Iowa
proposed to revise its Program related to
ownership and control by updating its
dates and adding new citations. Iowa
intends to revise its program to be no
less effective than the corresponding
Federal regulations.
DATES: Effective Date: May 2, 2012.
FOR FURTHER INFORMATION CONTACT:
Andrew R. Gilmore, Chief, Alton Field
Division. Telephone: (317) 226–6700.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background on the Iowa 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 Iowa 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 Iowa
program effective April 10, 1981. You
can find background information on the
Iowa program, including the Secretary’s
findings, the disposition of comments,
and the conditions of approval, in the
January 21, 1981, Federal Register (46
FR 5885). You can also find later actions
concerning the Iowa program and
program amendments at 30 CFR 915.10,
915.15, and 915.16.
II. Submission of the Amendment
By letter dated August 25, 2011
(Administrative Record No. IA–451),
Iowa sent us an amendment to its
Program under SMCRA (30 U.S.C. 1201
et seq.). Iowa sent the amendment in
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Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Rules and Regulations
response to a September 30, 2009, letter
we sent to Iowa in accordance with 30
CFR 732.17(c), concerning multiple
changes to ownership and control
requirements (Administrative Record
No. IA–450.1). Iowa proposed to revise
its regulatory program by updating its
adoption by reference of applicable
portions of 30 CFR 700 to End from the
July 1, 2002, version to the July 1, 2010,
version.
We announced receipt of the
proposed amendment in the October 17,
2011, Federal Register (76 FR 64043). 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 16, 2011.
We did not receive any public
comments.
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. Any revisions that we do not
specifically discuss below concern
nonsubstantive wording or editorial
changes.
Adoptions by Reference of 30 CFR Part
700 to End Revised as of July 1, 2010
Iowa updated its adoption by
reference of applicable sections of 30
CFR 700 to End from those in effect as
of July 1, 2002, to those in effect as of
July 1, 2010. Iowa also revised dates and
added citations in its ownership and
control requirement sections listed in
the table below.
27 Iowa administrative code chapter 40, coal
mining rules (IAC 27–40)
Topic
27–40.1 (17A, 207)(1) .............................................
27–40.3 (207) ..........................................................
27–40.4 (207) ..........................................................
Authority and scope ..............................................
General ..................................................................
Permanent regulatory program and exemption for
coal extraction incidental to the extraction of
other minerals.
Restrictions on financial interests of State employees.
Exemptions for coal extraction incident to government—financed highway or other constructions.
Protection of employees ........................................
Initial regulatory program ......................................
General performance standards—initial program
Special performance standards—initial program ..
Areas designated by an Act of Congress .............
Criteria for designating areas as unsuitable for
surface coal mining operations.
State procedures for designating areas unsuitable for surface coal mining operations.
Requirements for coal exploration ........................
Requirements for permits and permit processing
Revision or amendment; renewal; and transfer,
assignment, or sale of permit rights.
General content requirements for permit applications.
Permit application—minimum requirements for
legal, financial, compliance, and related information.
Surface mining permit applications—minimum requirements for information on environmental
resources.
Surface mining permit applications—minimum requirements for reclamation and operation plan.
Underground mining permit applications—minimum requirements for information on environmental resources.
Underground mining permit applications—minimum requirements for reclamation and operation plan.
Requirements for permits for special categories
of mining.
Permanent regulatory program—small operator
assistance program.
Bond and insurance requirements for surface
coal mining and reclamation operations under
regulatory programs.
Permanent program performance standards—
general provisions.
Permanent program performance standards—
coal exploration.
Permanent program performance standards—
surface mining activities.
Permanent program performance standards—underground mining activities.
27–40.5 (207) ..........................................................
27–40.6 (207) ..........................................................
27–40.7 (207) ..........................................................
27–40.11 (207) ........................................................
27–40.12 (207) ........................................................
27–40.13 (207) ........................................................
27–40.21 (207)(3) and (7) .......................................
27–40.22 (207)(1) ....................................................
27–40.23 (207) ........................................................
27–40.30 (207) ........................................................
27–40.31 (207)(9), (10), and (11) ............................
27–40.32 (207)(7) ....................................................
27–40.33 (207) ........................................................
27–40.34 (207) ........................................................
27–40.35 (207) ........................................................
27–40.36 (207)(2) ....................................................
27–40.37 (207) ........................................................
27–40.38 (207)(6) ....................................................
27–40.39 (207)(2) and (3) .......................................
27–40.41 (207) ........................................................
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27–40.51 (207) ........................................................
27–40.61 (207) ........................................................
27–40.62 (207) ........................................................
27–40.63 (207) ........................................................
27–40.64 (207) ........................................................
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Federal regulations adopted by
reference (30 CFR)
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Part 700.
Part 700.
Parts 701 and 702.
Part 705.
Part 707.
Part
Part
Part
Part
Part
Part
865.
710.
715.
716.
761.
762.
Part 764.
Part 772.
Part 773.
Part 774.
Part 777.
Part 778.
Part 779.
Part 780.
Part 783.
Part 784.
Part 785.
Part 795.
Part 800.
Part 810.
Part 815.
Part 816.
Part 817.
02MYR1
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Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Rules and Regulations
27 Iowa administrative code chapter 40, coal
mining rules (IAC 27–40)
Topic
27–40.65 (207) ........................................................
Special permanent program performance standards—auger mining.
Special permanent program performance standards—operations on prime farmland.
Permanent program performance standards—
coal preparation plants not located within the
permit area of a mine.
State regulatory authority—inspection and enforcement.
Civil penalties ........................................................
Individual civil penalties .........................................
Permanent regulatory program requirements—
standards for certification of blasters.
Certification of blasters ..........................................
Procedural rules—contested cases and public
hearings.
Contested cases ....................................................
Commencement of proceeding .............................
Appeals of division notices and orders .................
Prehearing motions ...............................................
Issuance of notices of hearing ..............................
Hearing procedures ...............................................
Posthearing procedures ........................................
Decision of the administrative law judge, procedure in appeals before the committee, extensions of time, public hearings, and judicial review of the committee decision.
27–40.66 (207) ........................................................
27–40.67 (207) ........................................................
27–40.71 (207) ........................................................
27–40.74 (207) ........................................................
27–40.75 (207) ........................................................
27–40.81 (207) ........................................................
27–40.82 (207) ........................................................
27–40.91 (17A, 207) ................................................
27–40.92
27–40.93
27–40.94
27–40.95
27–40.96
27–40.97
27–40.98
27–40.99
(17A,
(17A,
(17A,
(17A,
(17A,
(17A,
(17A,
(17A,
207)(8) ...........................................
207) ................................................
207) ................................................
207) ................................................
207) ................................................
207) ................................................
207) ................................................
207) ................................................
We find that Iowa’s revised
regulations adopted by reference are no
less effective than the corresponding
Federal regulations, and we are
approving them.
IV. Summary and Disposition of
Comments
Public Comments
We asked for public comments on the
amendment, but did not receive any.
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Federal Agency Comments
On August 31, 2011, under 30 CFR
732.17(h)(11)(i) and section 503(b) of
SMCRA, we requested comments on the
amendments from various Federal
agencies with an actual or potential
interest in the Iowa program
(Administrative Record No. IA–451.1).
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 Iowa proposed to make in
this amendment pertain to air or water
quality standards. Therefore, we did not
ask EPA to concur on the amendment.
However, by letter dated August 31,
2011, under 30 CFR 732.17(h)(11)(i), we
requested comments on the amendment
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Federal regulations adopted by
reference (30 CFR)
Part 819.
Part 823.
Part 827.
Part 840.
Part 845.
Part 846.
Part 850.
Part 955.
Part 775.11 and 775.13.
Part
Part
Part
Part
Part
Part
Part
Part
775.11
775.11
775.11
775.11
775.11
775.11
775.11
775.11
and
and
and
and
and
and
and
and
775.13.
775.13.
775.13.
775.13.
775.13.
775.13.
775.13.
775.13.
from the EPA (Administrative Record
No. IA–451.1). The EPA did not respond
to our request.
VI. Procedural Determinations
State Historical Preservation Officer
(SHPO) and the Advisory Council on
Historic Preservation (ACHP)
This rule does not have takings
implications. This determination is
based on the analysis performed for the
counterpart Federal regulation.
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. By letter dated August 31,
2011, we requested comments on the
amendment (Administrative Record No.
IA–451.1), but neither responded to our
request.
Executive Order 12866—Regulatory
Planning and Review
V. OSM’s Decision
Based on the above findings, we
approve the amendment Iowa sent us on
August 25, 2011.
To implement this decision, we are
amending the Federal regulations at 30
CFR part 915, which codify decisions
concerning the Iowa 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 12630—Takings
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
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Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Rules and Regulations
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
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 Iowa program does not regulate
coal exploration and surface coal
mining and reclamation operations on
Indian lands. Therefore, the Iowa
program has no effect on Federallyrecognized Indian tribes.
Executive Order 13211—Regulations
That Significantly Affect the Supply,
Distribution, or Use of Energy
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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
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
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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.
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
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25871
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 915
Intergovernmental relations, Surface
mining, Underground mining.
Dated: March 12, 2012.
Ervin J Barchenger,
Regional Director, Mid-Continent Region.
For the reasons set out in the
preamble, 30 CFR part 915 is amended
as set forth below:
PART 915—IOWA
1. The authority citation for part 915
continues to read as follows:
■
Authority: 30 U.S.C. 1201 et seq.
2. Section 915.15 is amended in the
table by adding a new entry in
chronological order by ‘‘Date of final
publication’’ to read as follows:
■
§ 915.15 Approval of Iowa regulatory
program amendments.
*
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Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Rules and Regulations
Original amendment submission
date
*
*
August 25, 2011 .............................
Date of final publication
*
*
*
*
*
May 2, 2012 ................................... Sections: IAC 27–40.1(17A, 207)(1); 40.3(207); 40.4(207); 40.5(207);
40.6(207);
40.7(207);
40.11(207);
40.12(207);
40.13(207);
40.21(207)(3) and (7); 40.22(207)(1); 40.23(207); 40.30(207);
40.31(207) (9), (10), and (11); 40.32(207)(7); 40.33(207);
40.34(207); 40.35(207); 40.36(207)(2); 40.37(207); 40.38(207)(6);
40.39(207)(2) and (3); 40.41(207); 40.51(207); 40.61(207);
40.62(207); 40.63(207); 40.64(207); 40.65(207); 40.66(207);
40.67(207); 40.71(207); 40.74(207); 40.75(207); 40.81(207);
40.82(207); 40.91(17A, 207); 40.92(17A, 207)(8); 40.93(17A, 207);
40.94(17A, 207); 40.95(17A, 207); 40.96(17A, 207); 40.97(17A,
207); 40.98(17A, 207); and 40.99(17A, 207).
[FR Doc. 2012–10567 Filed 5–1–12; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 936
[SATS No. OK–033–FOR; Docket No. OSM–
2011–0001]
Oklahoma Regulatory Program
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 Oklahoma regulatory program under
the Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the
Act). Oklahoma revised its regulations
regarding subsidence allegation
reporting requirements and
requirements for bond calculation at
permit renewal. Oklahoma revised its
regulatory program at its own initiative
for operational efficiency.
DATES: Effective Date: May 2, 2012.
FOR FURTHER INFORMATION CONTACT:
Alfred L. Clayborne, Director, Tulsa
Field Office. Telephone: (918) 581–
6430. Email: aclayborne@osmre.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Background on the Oklahoma 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 Oklahoma
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
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Jkt 226001
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 Oklahoma
program on January 19, 1981. You can
find background information on the
Oklahoma program, including the
Secretary’s findings, the disposition of
comments, and the conditions of
approval of the Oklahoma program in
the January 19, 1981, Federal Register
(46 FR 4902). You can also find later
actions concerning the Oklahoma
program and program amendments at 30
CFR 936.10, 936.15, and 936.16.
II. Submission of the Amendment
By letter dated February 25, 2011
(Administrative Record No. OK–1000),
Oklahoma sent us an amendment to its
program under SMCRA (30 U.S.C. 1201
et seq.). Oklahoma submitted its
proposed amendment at its own
initiative. Oklahoma proposed revisions
to the Oklahoma Administrative Code at
sections 460:20–43–14(b)(7) and
460:20–45–14(b)(7) concerning size
limitations on permanent
impoundments, 460:20–43–38(1)
concerning approximate original
contour, 460:20–43–47(c)(3) and
460:20–45–47(c)(6) concerning
subsidence reporting, and 460:20–17–
4(b)(2)(C) concerning requirements for
bond calculation at renewal.
We announced receipt of the
proposed amendment in the April 27,
2011, Federal Register (76 FR 23522). 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
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
hearing or meeting because no one
requested one. The public comment
period ended on May 27, 2011. We did
not receive any public comments.
During our review of the amendment,
we identified concerns regarding the
proposed revisions to Oklahoma
Administrative Code 460:20–43–14(b)(7)
and 460:20–45–14(b)(7) concerning size
limitations on permanent
impoundments, as well as 460:20–43–
38(1) concerning approximate original
contour. We notified Oklahoma of these
concerns by letter dated October 21,
2011 (Administrative Record No. OK–
1000.04). By letter, dated November 18,
2011 (Administrative Record No. OK–
1000.06), Oklahoma responded and
withdrew these sections regarding
impoundments and approximate
original contour from the proposed
amendment and requested that we
process the sections regarding
subsidence reporting and bond
calculation.
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.
A. Oklahoma Administrative Code
460:20–43–47(c)(3) & 460:20–45–47(c)(6)
Subsidence Reporting
Oklahoma’s regulations require the
operator to comply with all provisions
of the approved subsidence control
plan. The proposed addition would
require the operator to report to the
Department of Mines all instances of
alleged subsidence within 30 calendar
days. The report must be in writing. The
report must identify the location of the
alleged subsidence in relation to the
underground mine workings.
The Federal regulations, at 30 CFR
784.20(b)(4), provide for subsidence
monitoring to determine what measures
may be taken to prevent, reduce, or
E:\FR\FM\02MYR1.SGM
02MYR1
]]>Agencies
[Federal Register Volume 77, Number 85 (Wednesday, May 2, 2012)]
[Rules and Regulations]
[Pages 25868-25872]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10567]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 915
[Docket No. IA-016-FOR; Docket ID OSM-2011-0014]
Iowa 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 announcing our approval of a proposed amendment to the Iowa
regulatory program (Iowa program) under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the Act). Iowa proposed to revise its
regulatory program by updating its adoption by reference of applicable
portions of 30 CFR part 700 to End from the July 1, 2002, version to
the July 1, 2010, version. Additionally, Iowa proposed to revise its
Program related to ownership and control by updating its dates and
adding new citations. Iowa intends to revise its program to be no less
effective than the corresponding Federal regulations.
DATES: Effective Date: May 2, 2012.
FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Chief, Alton Field
Division. Telephone: (317) 226-6700.
SUPPLEMENTARY INFORMATION:
I. Background on the Iowa 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 Iowa 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 Iowa program effective April 10, 1981. You can find background
information on the Iowa program, including the Secretary's findings,
the disposition of comments, and the conditions of approval, in the
January 21, 1981, Federal Register (46 FR 5885). You can also find
later actions concerning the Iowa program and program amendments at 30
CFR 915.10, 915.15, and 915.16.
II. Submission of the Amendment
By letter dated August 25, 2011 (Administrative Record No. IA-451),
Iowa sent us an amendment to its Program under SMCRA (30 U.S.C. 1201 et
seq.). Iowa sent the amendment in
[[Page 25869]]
response to a September 30, 2009, letter we sent to Iowa in accordance
with 30 CFR 732.17(c), concerning multiple changes to ownership and
control requirements (Administrative Record No. IA-450.1). Iowa
proposed to revise its regulatory program by updating its adoption by
reference of applicable portions of 30 CFR 700 to End from the July 1,
2002, version to the July 1, 2010, version.
We announced receipt of the proposed amendment in the October 17,
2011, Federal Register (76 FR 64043). 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 16, 2011. We did not receive any
public comments.
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. Any revisions that we do
not specifically discuss below concern nonsubstantive wording or
editorial changes.
Adoptions by Reference of 30 CFR Part 700 to End Revised as of July 1,
2010
Iowa updated its adoption by reference of applicable sections of 30
CFR 700 to End from those in effect as of July 1, 2002, to those in
effect as of July 1, 2010. Iowa also revised dates and added citations
in its ownership and control requirement sections listed in the table
below.
------------------------------------------------------------------------
Federal
27 Iowa administrative code regulations
chapter 40, coal mining rules Topic adopted by
(IAC 27-40) reference (30
CFR)
------------------------------------------------------------------------
27-40.1 (17A, 207)(1)......... Authority and scope.. Part 700.
27-40.3 (207)................. General.............. Part 700.
27-40.4 (207)................. Permanent regulatory Parts 701 and
program and 702.
exemption for coal
extraction
incidental to the
extraction of other
minerals.
27-40.5 (207)................. Restrictions on Part 705.
financial interests
of State employees.
27-40.6 (207)................. Exemptions for coal Part 707.
extraction incident
to government--
financed highway or
other constructions.
27-40.7 (207)................. Protection of Part 865.
employees.
27-40.11 (207)................ Initial regulatory Part 710.
program.
27-40.12 (207)................ General performance Part 715.
standards--initial
program.
27-40.13 (207)................ Special performance Part 716.
standards--initial
program.
27-40.21 (207)(3) and (7)..... Areas designated by Part 761.
an Act of Congress.
27-40.22 (207)(1)............. Criteria for Part 762.
designating areas as
unsuitable for
surface coal mining
operations.
27-40.23 (207)................ State procedures for Part 764.
designating areas
unsuitable for
surface coal mining
operations.
27-40.30 (207)................ Requirements for coal Part 772.
exploration.
27-40.31 (207)(9), (10), and Requirements for Part 773.
(11). permits and permit
processing.
27-40.32 (207)(7)............. Revision or Part 774.
amendment; renewal;
and transfer,
assignment, or sale
of permit rights.
27-40.33 (207)................ General content Part 777.
requirements for
permit applications.
27-40.34 (207)................ Permit application-- Part 778.
minimum requirements
for legal,
financial,
compliance, and
related information.
27-40.35 (207)................ Surface mining permit Part 779.
applications--minimu
m requirements for
information on
environmental
resources.
27-40.36 (207)(2)............. Surface mining permit Part 780.
applications--minimu
m requirements for
reclamation and
operation plan.
27-40.37 (207)................ Underground mining Part 783.
permit applications--
minimum requirements
for information on
environmental
resources.
27-40.38 (207)(6)............. Underground mining Part 784.
permit applications--
minimum requirements
for reclamation and
operation plan.
27-40.39 (207)(2) and (3)..... Requirements for Part 785.
permits for special
categories of mining.
27-40.41 (207)................ Permanent regulatory Part 795.
program--small
operator assistance
program.
27-40.51 (207)................ Bond and insurance Part 800.
requirements for
surface coal mining
and reclamation
operations under
regulatory programs.
27-40.61 (207)................ Permanent program Part 810.
performance
standards--general
provisions.
27-40.62 (207)................ Permanent program Part 815.
performance
standards--coal
exploration.
27-40.63 (207)................ Permanent program Part 816.
performance
standards--surface
mining activities.
27-40.64 (207)................ Permanent program Part 817.
performance
standards--undergrou
nd mining activities.
[[Page 25870]]
27-40.65 (207)................ Special permanent Part 819.
program performance
standards--auger
mining.
27-40.66 (207)................ Special permanent Part 823.
program performance
standards--operation
s on prime farmland.
27-40.67 (207)................ Permanent program Part 827.
performance
standards--coal
preparation plants
not located within
the permit area of a
mine.
27-40.71 (207)................ State regulatory Part 840.
authority--inspectio
n and enforcement.
27-40.74 (207)................ Civil penalties...... Part 845.
27-40.75 (207)................ Individual civil Part 846.
penalties.
27-40.81 (207)................ Permanent regulatory Part 850.
program
requirements--standa
rds for
certification of
blasters.
27-40.82 (207)................ Certification of Part 955.
blasters.
27-40.91 (17A, 207)........... Procedural rules-- Part 775.11 and
contested cases and 775.13.
public hearings.
27-40.92 (17A, 207)(8)........ Contested cases...... Part 775.11 and
775.13.
27-40.93 (17A, 207)........... Commencement of Part 775.11 and
proceeding. 775.13.
27-40.94 (17A, 207)........... Appeals of division Part 775.11 and
notices and orders. 775.13.
27-40.95 (17A, 207)........... Prehearing motions... Part 775.11 and
775.13.
27-40.96 (17A, 207)........... Issuance of notices Part 775.11 and
of hearing. 775.13.
27-40.97 (17A, 207)........... Hearing procedures... Part 775.11 and
775.13.
27-40.98 (17A, 207)........... Posthearing Part 775.11 and
procedures. 775.13.
27-40.99 (17A, 207)........... Decision of the Part 775.11 and
administrative law 775.13.
judge, procedure in
appeals before the
committee,
extensions of time,
public hearings, and
judicial review of
the committee
decision.
------------------------------------------------------------------------
We find that Iowa's revised regulations adopted by reference are no
less effective than the corresponding Federal regulations, and we are
approving them.
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 August 31, 2011, under 30 CFR 732.17(h)(11)(i) and section
503(b) of SMCRA, we requested comments on the amendments from various
Federal agencies with an actual or potential interest in the Iowa
program (Administrative Record No. IA-451.1). 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 Iowa proposed to make
in this amendment pertain to air or water quality standards. Therefore,
we did not ask EPA to concur on the amendment. However, by letter dated
August 31, 2011, under 30 CFR 732.17(h)(11)(i), we requested comments
on the amendment from the EPA (Administrative Record No. IA-451.1). 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. By letter dated August 31, 2011, we requested comments on
the amendment (Administrative Record No. IA-451.1), but neither
responded to our request.
V. OSM's Decision
Based on the above findings, we approve the amendment Iowa sent us
on August 25, 2011.
To implement this decision, we are amending the Federal regulations
at 30 CFR part 915, which codify decisions concerning the Iowa 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
[[Page 25871]]
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 Iowa program does not
regulate coal exploration and surface coal mining and reclamation
operations on Indian lands. Therefore, the Iowa 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 915
Intergovernmental relations, Surface mining, Underground mining.
Dated: March 12, 2012.
Ervin J Barchenger,
Regional Director, Mid-Continent Region.
For the reasons set out in the preamble, 30 CFR part 915 is amended
as set forth below:
PART 915--IOWA
0
1. The authority citation for part 915 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
2. Section 915.15 is amended in the table by adding a new entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 915.15 Approval of Iowa regulatory program amendments.
* * * * *
[[Page 25872]]
------------------------------------------------------------------------
Original amendment submission Date of final
date publication Citation/description
------------------------------------------------------------------------
* * * * * * *
August 25, 2011............... May 2, 2012...... Sections: IAC 27-
40.1(17A, 207)(1);
40.3(207);
40.4(207);
40.5(207);
40.6(207);
40.7(207);
40.11(207);
40.12(207);
40.13(207);
40.21(207)(3) and
(7); 40.22(207)(1);
40.23(207);
40.30(207);
40.31(207) (9),
(10), and (11);
40.32(207)(7);
40.33(207);
40.34(207);
40.35(207);
40.36(207)(2);
40.37(207);
40.38(207)(6);
40.39(207)(2) and
(3); 40.41(207);
40.51(207);
40.61(207);
40.62(207);
40.63(207);
40.64(207);
40.65(207);
40.66(207);
40.67(207);
40.71(207);
40.74(207);
40.75(207);
40.81(207);
40.82(207);
40.91(17A, 207);
40.92(17A, 207)(8);
40.93(17A, 207);
40.94(17A, 207);
40.95(17A, 207);
40.96(17A, 207);
40.97(17A, 207);
40.98(17A, 207); and
40.99(17A, 207).
------------------------------------------------------------------------
[FR Doc. 2012-10567 Filed 5-1-12; 8:45 am]
BILLING CODE 4310-05-P
