Mississippi Abandoned Mine Land Plan, 16562-16563 [2015-06958]

Agencies

• DEPARTMENT OF THE INTERIOR
• Office of Surface Mining Reclamation and Enforcement

[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)]
[Rules and Regulations]
[Pages 16562-16563]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06958]



[[Page 16562]]

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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 924

[SATS No. MS-024-FOR; Docket No. OSM- 2014-0005; S1D1SSS08011000SX066A 
00067F154S180110; S2D2SSS08011000SX 066A00033F15XS501520]


Mississippi Abandoned Mine Land 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 
(OSMRE), are approving an amendment to the Mississippi Abandoned Mine 
Land Reclamation Plan (hereinafter, the Mississippi Plan) under the 
Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). 
Mississippi requested concurrence from the Secretary of the Department 
of the Interior with its certification of completion of all coal-
related reclamation objectives. Mississippi intends to request 
Abandoned Mine Land (AML) Reclamation funds to pursue projects in 
accordance with section 411 of SMCRA, 30 U.S.C. 1240a.

DATES: Effective March 30, 2015.

FOR FURTHER INFORMATION CONTACT: Sherry Wilson, Director, Birmingham 
Field Office. Telephone: (205) 290-7282. Email: swilson@osmre.gov.

SUPPLEMENTARY INFORMATION:

I. Background on the Mississippi Plan
II. Submission of the Amendment
III. Summary and Disposition of Comments
IV. OSMRE's Decision
V. Procedural Determinations

I. Background on the Mississippi Plan

    Title IV of the Act (30 U.S.C. 1231 et seq.) established the AML 
program in order to address the extensive environmental damage caused 
by past coal mining activities. The AML program is funded primarily by 
a reclamation fee collected on each ton of coal produced. The money 
collected is placed in the Abandoned Mine Reclamation Fund (the 
``Fund'') and used to finance the reclamation of abandoned coal mines 
and for other authorized activities. In addition to moneys from the 
Fund, Title IV also provides for the use of some general Treasury 
moneys to fund reclamation projects and other authorized activities.
    Section 405 of the Act, 30 U.S.C. 1235, 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 September 27, 
2007, the Secretary of the Interior approved the Mississippi Plan. You 
can find background information on the Mississippi Plan, including the 
Secretary's findings, the disposition of comments, and the approval of 
the plan in the September 27, 2007, Federal Register (72 FR 54832). No 
prior amendments have been made to the Mississippi Plan (30 CFR part 
924.20).

II. Submission of the Amendment

    By letter dated August 11, 2014 (Administrative Record No. MS-
0424), Mississippi certified to OSMRE that all coal-related impacts on 
abandoned mine lands within the State have been successfully addressed 
under SMCRA. Mississippi sent the request for concurrence with its 
certification at its own initiative. As indicated by our November 12, 
2014, Federal Register (79 FR 67115) notice, we also construed this 
request for certification as an amendment to Mississippi's Plan. In 
addition to this current amendment, Mississippi will most likely be 
required to revise its plan again in the future to implement a program 
under section 411 of SMCRA.

III. Summary and Disposition of Comments

    We announced receipt of the proposed certification in the November 
12, 2014, Federal Register (79 FR 67115). In the same document, we 
opened the public comment period and provided an opportunity for a 
public hearing or meeting on the certification's adequacy. We did not 
receive any requests for a public hearing or meeting and, thus, did not 
hold one.

Public Comments

    The public comment period ended on December 12, 2014. We did not 
receive any public comments.

Federal Agency Comments

    On September 3, 2014, as required by 30 CFR 884.14(a)(2) and 
884.15(a), we requested comments on the proposed Mississippi Plan 
amendment from various Federal agencies with an actual or potential 
interest in the Mississippi program (Administrative Record No. MS-0424-
01). We did not receive any comments.

IV. OSMRE's Decision

    After a review of all of the relevant information, on December 18, 
2014, the Director of OSMRE, in accordance with section 411(a)(1) of 
SMCRA (30 U.S.C. 1240(a)(1)) and 30 CFR 875.13(b) determined that 
Mississippi met all of the applicable criteria and concurred with 
Mississippi's certification (Administrative Record MS-0424-02). The 
Director's concurrence with Mississippi's certification of completion 
of coal reclamation means that Mississippi may now use funds provided 
under Title IV of SMCRA in accordance with section 411 of SMCRA and its 
current plan. In addition, as part of its certification and in 
accordance with 30 CFR 875.13(a)(3), Mississippi agrees to acknowledge 
and give top priority to any coal-related problem(s) that may be found 
or occur after submission of the certification.
    In order to implement Mississippi's certification, we are amending 
the Federal regulations at 30 CFR part 924 that codify decisions 
concerning the Mississippi Plan. Given the technical nature of this 
rule, we find that delaying the effective date of this rule would be 
unnecessary and contrary to the public interest. This rule merely 
codifies the decision by the Director that became immediately effective 
on December 18, 2014, when he concurred in Mississippi's certification 
under section 411(a) of SMCRA. Therefore, we find good cause to waive 
the 30-day delay in effective date under 5 U.S.C. 553(d)(3).

V. Procedural Determinations

Executive Order 12630--Takings

    This rule does not have significant takings implications because it 
is not a governmental action capable of interference with 
constitutionally protected property rights. A takings implication 
assessment is not required.

Executive Orders 12866 and 13563--Regulatory Planning and Review

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) will review all significant rules. OIRA has 
determined that this rule is not significant.
    Executive Order 13563 reaffirms the principles of Executive Order 
12866 while calling for improvements in the nation's regulatory system 
to promote predictability, to reduce uncertainty, and to use the best, 
most innovative, and least burdensome tools for achieving regulatory 
ends. The executive order directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public where these approaches are relevant, feasible, 
and consistent with regulatory objectives. Executive Order 13563

[[Page 16563]]

emphasizes further that regulations must be based on the best available 
science and that the rulemaking process must allow for public 
participation and an open exchange of ideas. This rule is merely a 
technical amendment to the Mississippi regulations at 30 CFR Part 924 
to denote that Mississippi is certified. As such, it does not implicate 
any of the considerations embodied in this executive order.

Executive Order 12988--Civil Justice Reform

    This rule complies with the requirements of Executive Order 12988. 
Specifically, this rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Executive Order 13132--Federalism

    This rule does not have Federalism implications. It will not have 
``substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.''

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.

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. This rule is not considered significant 
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

    We have determined that the revisions in this rule are 
categorically excluded from preparation of an environmental assessment 
or environmental impact statement under the National Environmental 
Policy Act of 1969, as provided in 43 CFR 46.205(b). We have determined 
the rule is covered by the specific categorical exclusion listed in the 
Department of the Interior regulations at 43 CFR 46.210(i). That 
categorical exclusion covers regulations such as this one that are of 
an administrative or technical nature. We have also determined that the 
rule does not involve any of the extraordinary circumstances listed in 
43 CFR 46.215 that would require further analysis under the National 
Environmental Policy Act.

Paperwork Reduction Act

    This rule does not contain collections of information that require 
approval by the Office of Management and Budget under the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.).

Regulatory Flexibility Act

    The Department of the Interior certifies that this rule will not 
have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
As discussed above, the aggregate economic impact of this rulemaking on 
small business entities should be minimal.

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) Will 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) will 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.

Unfunded Mandates Reform Act

    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. As previously discussed, this rulemaking will not have a 
substantial economic impact on any entity.

List of Subjects in 30 CFR Part 924

    Intergovernmental relations, Surface mining, Underground mining, 
Abandoned mine reclamation programs.

    Dated: January 20, 2015.
Ervin J. Barchenger,
Regional Director, Mid-Continent Region.

    For the reasons set out in the preamble, 30 CFR part 924 is amended 
as set forth below:

PART 924--MISSISSIPPI

0
1. The authority citation for Part 924 is revised to read as follows:

    Authority:  30 U.S.C. 1201 et seq.


0
2. Section 924.25 is added to read as follows:


Sec.  924.25  Approval of Mississippi abandoned mine land reclamation 
plan amendments.

    The following is a list of the dates on which the State of 
Mississippi submitted amendments to OSMRE, the dates when the 
Director's decision approving all, or portions of these amendments, 
were published in the Federal Register, and the State citations or a 
brief description of each amendment. The amendments in this table are 
listed in order of the date of final publication in the Federal 
Register.

------------------------------------------------------------------------
 Original amendment submission     Date of final
              date                  publication     Citation/description
------------------------------------------------------------------------
August 11, 2014................  March 30, 2015...  Certification that
                                                     the State has
                                                     reclaimed all lands
                                                     adversely impacted
                                                     by past coal
                                                     mining.
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[FR Doc. 2015-06958 Filed 3-27-15; 8:45 am]
 BILLING CODE 4310-05-P