North Cumberland Wildlife Management Area, Tennessee Lands Unsuitable for Mining Final Petition Evaluation Document and Environmental Impact Statement OSM-EIS-37, 75146-75147 [2016-25868]

Download as PDF 75146 Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Notices 1864–1865 MPS), Address Restricted, Roscoe, 16000776 NEW JERSEY Sussex County Evans—Waters Cottage, 11 Grandview Rd., Lake Wallkill, Vernon Township, 16000777 NEW YORK Dutchess County Poughkeepsie and Connecticut Stanfordville Station, 5–15 Old Depot Way, Stanfordville, 16000778 Monroe County Maplewood Historic District (Boundary Increase), 21–267 Alameda, 26–284 Albemarle, 21–148 Augustine, 36–68 Birr Sts., 1–9, Burke Terrace, 1136–1212 Dewey Ave., Rochester, 16000779 New York County Hudson Theatre, 139–141 W. 44th St., New York, 16000780 WYOMING Washakie County Saban, James T., Lookout, Approx. .9 mi. SW. of US 16 & FS Rd. 429, Ten Sleep, 16000781 A request for removal has been received for the following resource: NEBRASKA Authority: 60.13 of 36 CFR part 60. Dated: October 7, 2016. Christopher Hetzel, Acting Chief, National Register of Historic Places/National Historic Landmarks Program. [FR Doc. 2016–26056 Filed 10–27–16; 8:45 am] BILLING CODE 4312–52–P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement [S1D1S SS08011000 SX064A000 178S180110; S2D2S SS08011000 SX064A000 17XS501520] mstockstill on DSK3G9T082PROD with NOTICES North Cumberland Wildlife Management Area, Tennessee Lands Unsuitable for Mining Final Petition Evaluation Document and Environmental Impact Statement OSM– EIS–37 Office of Surface Mining Reclamation and Enforcement. ACTION: Notice of availability; final environmental impact statement. AGENCY: The Office of Surface Mining Reclamation and Enforcement (OSMRE) announces that the final Petition Evaluation Document and VerDate Sep<11>2014 18:12 Oct 27, 2016 Jkt 241001 Earl D. Bandy Jr., Director-Knoxville Field Office, Office of Surface Mining Reclamation and Enforcement, John J. Duncan Federal Building, 710 Locust Street, 2nd Floor, Knoxville, Tennessee 37902. Telephone: 865–545–4103 ext. 186. Email: TNLUM@osmre.gov. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background Cedar County Bow Valley Mills, N. of Wynot, Wynot, 78003402 SUMMARY: Environmental Impact Statement (PED/ EIS) for the North Cumberland Wildlife Management Area Petition to Find Certain Lands Unsuitable for Surface Coal Mining Operations is available for public review and comment. DATES: The OSMRE will not issue a final decision of the proposal for a minimum of 30 days after the date that the Environmental Protection Agency publishes the Notice of Availability in the Federal Register. ADDRESSES: Copies of the Final PED/EIS for the Project may be viewed online at https://www.osmre.gov/programs/rcm/ TNLUM.shtm. In addition, a limited number of CD copies of the Final PED/ EIS are available upon request. You may obtain a CD by contacting the person identified in FOR FURTHER INFORMATION CONTACT. On September 30, 2010, pursuant to the Surface Mining Control and Reclamation Act, 30 U.S.C. 1272 (c) (SMCRA), the State of Tennessee filed a petition with the Office of Surface Mining and Reclamation and Enforcement (OSMRE) to designate certain lands in the state as unsuitable for surface coal mining operations. These lands include the area within 600 feet of all ridge lines (a 1,200 foot corridor) lying within the North Cumberland Wildlife Management Area (NCWMA)—comprised of the Royal Blue Wildlife Management Area, the Sundquist Wildlife Management Area, and the New River Wildlife Management Area (also known as the Brimstone Tract Conservation Easement)—and the Emory River Tracts Conservation Easement (ERTCE), encompassing approximately 67,326 acres and 505 miles of ridgelines. In Tennessee, OSMRE has operated a Federal regulatory program as the primary regulator under SMCRA since October 1984, when the state repealed its surface mining law; therefore, in accordance with its responsibility in administering the Federal program in Tennessee, the OSMRE must process and make decisions on all petitions submitted to designate areas in the state as unsuitable for surface coal mining operations. PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 The petition includes two primary allegations with numerous allegations of fact and supporting statements. In primary allegation 1, the petitioner contends that the petition area should be designated unsuitable for surface coal mining operations because mining in the area would be incompatible with existing state or local land use plans or programs. SMCRA 522(a)(3)(A), 30 U.S.C. 1272(a)(3)(A). In primary allegation 2, the petitioner contends that the OSMRE should designate the petition area as unsuitable for surface coal mining operations because such operations would affect fragile or historic lands, resulting in significant damage to important historic, cultural, scientific, and aesthetic values and natural systems. SMCRA 522(a)(3)(B), 30 U.S.C. 1272(a)(3)(B). The Director, OSMRE, is required to make a decision on the petition. The Final PED/EIS considers in detail the following alternatives for action by the Director: • Alternative 1—do not designate any of the petition area as unsuitable for surface coal mining operations (noaction). There would be no change in types of permit applications accepted for evaluation. • Alternative 2—designate the entire petition area (67,326 acres) as unsuitable for all surface coal mining operations (state’s proposed action). No types of surface mining permit applications would be accepted for this area. • Alternative 3—designate the state petition area (67,326 acres) as unsuitable for surface coal mining operations that are not remining. Under this alternative, remining could continue to be permitted on a case-bycase basis. The only acceptable types of permits would be permits for remining. • Alternative 4—grant an expanded corridor designation of independently identified ridgelines within the petition area (76,133 acres) as unsuitable for surface coal mining operations that are not remining (agency’s preferred alternative). Under this alternative, remining could continue to be permitted on a case-by-case basis. The only acceptable types of permits would be permits for remining. • Alternative 5—designate lands as unsuitable for surface coal mining based on the presence of certain sensitive resources (12,331 acres). No types of surface mining permits would be accepted for this area. • Alternative 6—designate a reduced corridor of 600 feet (39,106 acres). No types of surface mining permits would be accepted for this area. E:\FR\FM\28OCN1.SGM 28OCN1 Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Notices In accordance with the applicable regulations under 30 CFR parts 762 and 764 and the requirements of the National Environmental Policy Act of 1969 (NEPA), as amended, OSMRE evaluated the merits of the unsuitability petition and analyzed the impacts of these alternatives. This analysis is reflected in the Final PED/EIS, which notes the potential impacts of the project and alternatives on earth resources (geology, topography and physiography), air quality and greenhouse gases, groundwater, surface water, wetlands, vegetation, fish and wildlife including special status species, land use, aesthetics including visual resources and soundscapes, socioeconomics and environmental justice, cultural resources including archaeological, historic and ethnographic resources, and public health and safety. Mitigation measures to be included as part of project implementation will be noted in the final decision. In accordance with Department of the Interior regulations (43 CFR 46.425), OSMRE identified Alternative 3 as the preferred alternative in the Draft EIS. However, based on public and agency comments, as well as the state’s input, OSMRE has now identified alternative 4 as the preferred alternative because it is the most consistent with the state’s request. OSMRE reached that decision based on its analysis and conclusion that the ‘‘agency’s preferred alternative’’ is the alternative the agency believes would best accomplish the purpose of and need for action, and fulfill its statutory mission and responsibilities, while still giving consideration to economic, environmental, technical, and other factors. Alternative 4 is also the environmentally preferred alternative because of its long-term environmental benefits. The OSMRE will prepare a Record of Decision (ROD) for the proposed petition after a 30-day period following publication of the NOA. Authority: 40 CFR 1506.6, 40 CFR 1506.1. mstockstill on DSK3G9T082PROD with NOTICES Dated: October 7, 2016. Thomas D. Shope, Regional Director, Appalachian Region. [FR Doc. 2016–25868 Filed 10–27–16; 8:45 am] BILLING CODE 4310–05–P DEPARTMENT OF LABOR Employee Benefits Security Administration Exemptions From Certain Prohibited Transaction Restrictions Employee Benefits Security Administration, Labor. AGENCY: ACTION: Grant of individual exemptions. This document contains exemptions issued by the Department of Labor (the Department) from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) and/or the Internal Revenue Code of 1986 (the Code). This notice includes the following: 2016–10, Royal Bank of Canada, D–11868; 2016–11, Northern Trust Corporation, D–11875; and, 2016– 12, Extension of PTE 2015–15 involving Deutsche Bank AG, D–11879. SUMMARY: A notice was published in the Federal Register of the pendency before the Department of a proposal to grant such exemption. The notice set forth a summary of facts and representations contained in the application for exemption and referred interested persons to the application for a complete statement of the facts and representations. The application has been available for public inspection at the Department in Washington, DC. The notice also invited interested persons to submit comments on the requested exemption to the Department. In addition the notice stated that any interested person might submit a written request that a public hearing be held (where appropriate). The applicant has represented that it has complied with the requirements of the notification to interested persons. No requests for a hearing were received by the Department. Public comments were received by the Department as described in the granted exemption. The notice of proposed exemption was issued and the exemption is being granted solely by the Department because, effective December 31, 1978, section 102 of Reorganization Plan No. 4 of 1978, 5 U.S.C. App. 1 (1996), transferred the authority of the Secretary of the Treasury to issue exemptions of the type proposed to the Secretary of Labor. SUPPLEMENTARY INFORMATION: Statutory Findings In accordance with section 408(a) of the Act and/or section 4975(c)(2) of the Code and the procedures set forth in 29 CFR part 2570, subpart B (76 FR 66637, VerDate Sep<11>2014 18:12 Oct 27, 2016 Jkt 241001 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 75147 66644, October 27, 2011) 1 and based upon the entire record, the Department makes the following findings: (a) The exemption is administratively feasible; (b) The exemption is in the interests of the plan and its participants and beneficiaries; and (c) The exemption is protective of the rights of the participants and beneficiaries of the plan. Royal Bank of Canada (Together With Its Current and Future Affiliates, RBC or the Applicant), Located in Toronto, Ontario, Canada [Prohibited Transaction Exemption 2016–10; Exemption Application No. D–11868] Temporary Exemption Section I—Covered Transactions Certain entities with specified relationships to Royal Bank of Canada Trust Company (Bahamas) Limited (RBCTC Bahamas) (hereinafter, the RBC QPAMs, as further defined in Section II(b)) will not be precluded from relying on the exemptive relief provided by Prohibited Transaction Exemption (PTE) 84–14,2 notwithstanding a judgment of conviction against RBCTC Bahamas for aiding and abetting tax fraud, to be entered in France in the District Court of Paris (the Conviction, as further defined in Section II(a)),3 for a period of up to twelve months beginning on the date of the Conviction (the Conviction Date), provided that the following conditions are satisfied: (a) The RBC QPAMs (including their officers, directors, agents other than RBC, and employees of such RBC QPAMs) did not know of, have reason to know of, or participate in the criminal conduct of RBCTC Bahamas that is the subject of the Conviction (for purposes of this paragraph (a), ‘‘participate in’’ includes the knowing or tacit approval of the misconduct underlying the Conviction); (b) The RBC QPAMs (including their officers, directors, agents other than RBC, and employees of such RBC 1 The Department has considered exemption applications received prior to December 27, 2011 under the exemption procedures set forth in 29 CFR part 2570, subpart B (55 FR 32836, 32847, August 10, 1990). 2 49 FR 9494 (March 13, 1984), as corrected at 50 FR 41430 (October 10, 1985), as amended at 70 FR 49305 (August 23, 2005), and as amended at 75 FR 38837 (July 6, 2010). 3 Section I(g) of PTE 84–14 generally provides that ‘‘[n]either the QPAM nor any affiliate thereof . . . nor any owner . . . of a 5 percent or more interest in the QPAM is a person who within the 10 years immediately preceding the transaction has been either convicted or released from imprisonment, whichever is later, as a result of’’ certain felonies including income tax evasion, and aiding and abetting tax evasion. E:\FR\FM\28OCN1.SGM 28OCN1

Agencies

[Federal Register Volume 81, Number 209 (Friday, October 28, 2016)]
[Notices]
[Pages 75146-75147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25868]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

[S1D1S SS08011000 SX064A000 178S180110; S2D2S SS08011000 SX064A000 
17XS501520]


North Cumberland Wildlife Management Area, Tennessee Lands 
Unsuitable for Mining Final Petition Evaluation Document and 
Environmental Impact Statement OSM-EIS-37

AGENCY: Office of Surface Mining Reclamation and Enforcement.

ACTION: Notice of availability; final environmental impact statement.

-----------------------------------------------------------------------

SUMMARY: The Office of Surface Mining Reclamation and Enforcement 
(OSMRE) announces that the final Petition Evaluation Document and 
Environmental Impact Statement (PED/EIS) for the North Cumberland 
Wildlife Management Area Petition to Find Certain Lands Unsuitable for 
Surface Coal Mining Operations is available for public review and 
comment.

DATES: The OSMRE will not issue a final decision of the proposal for a 
minimum of 30 days after the date that the Environmental Protection 
Agency publishes the Notice of Availability in the Federal Register.

ADDRESSES: Copies of the Final PED/EIS for the Project may be viewed 
online at https://www.osmre.gov/programs/rcm/TNLUM.shtm. In addition, a 
limited number of CD copies of the Final PED/EIS are available upon 
request. You may obtain a CD by contacting the person identified in FOR 
FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Earl D. Bandy Jr., Director-Knoxville 
Field Office, Office of Surface Mining Reclamation and Enforcement, 
John J. Duncan Federal Building, 710 Locust Street, 2nd Floor, 
Knoxville, Tennessee 37902. Telephone: 865-545-4103 ext. 186. Email: 
TNLUM@osmre.gov.

SUPPLEMENTARY INFORMATION: 

Background

    On September 30, 2010, pursuant to the Surface Mining Control and 
Reclamation Act, 30 U.S.C. 1272 (c) (SMCRA), the State of Tennessee 
filed a petition with the Office of Surface Mining and Reclamation and 
Enforcement (OSMRE) to designate certain lands in the state as 
unsuitable for surface coal mining operations. These lands include the 
area within 600 feet of all ridge lines (a 1,200 foot corridor) lying 
within the North Cumberland Wildlife Management Area (NCWMA)--comprised 
of the Royal Blue Wildlife Management Area, the Sundquist Wildlife 
Management Area, and the New River Wildlife Management Area (also known 
as the Brimstone Tract Conservation Easement)--and the Emory River 
Tracts Conservation Easement (ERTCE), encompassing approximately 67,326 
acres and 505 miles of ridgelines. In Tennessee, OSMRE has operated a 
Federal regulatory program as the primary regulator under SMCRA since 
October 1984, when the state repealed its surface mining law; 
therefore, in accordance with its responsibility in administering the 
Federal program in Tennessee, the OSMRE must process and make decisions 
on all petitions submitted to designate areas in the state as 
unsuitable for surface coal mining operations.
    The petition includes two primary allegations with numerous 
allegations of fact and supporting statements. In primary allegation 1, 
the petitioner contends that the petition area should be designated 
unsuitable for surface coal mining operations because mining in the 
area would be incompatible with existing state or local land use plans 
or programs. SMCRA 522(a)(3)(A), 30 U.S.C. 1272(a)(3)(A). In primary 
allegation 2, the petitioner contends that the OSMRE should designate 
the petition area as unsuitable for surface coal mining operations 
because such operations would affect fragile or historic lands, 
resulting in significant damage to important historic, cultural, 
scientific, and aesthetic values and natural systems. SMCRA 
522(a)(3)(B), 30 U.S.C. 1272(a)(3)(B).
    The Director, OSMRE, is required to make a decision on the 
petition. The Final PED/EIS considers in detail the following 
alternatives for action by the Director:
     Alternative 1--do not designate any of the petition area 
as unsuitable for surface coal mining operations (no-action). There 
would be no change in types of permit applications accepted for 
evaluation.
     Alternative 2--designate the entire petition area (67,326 
acres) as unsuitable for all surface coal mining operations (state's 
proposed action). No types of surface mining permit applications would 
be accepted for this area.
     Alternative 3--designate the state petition area (67,326 
acres) as unsuitable for surface coal mining operations that are not 
remining. Under this alternative, remining could continue to be 
permitted on a case-by-case basis. The only acceptable types of permits 
would be permits for remining.
     Alternative 4--grant an expanded corridor designation of 
independently identified ridgelines within the petition area (76,133 
acres) as unsuitable for surface coal mining operations that are not 
remining (agency's preferred alternative). Under this alternative, 
remining could continue to be permitted on a case-by-case basis. The 
only acceptable types of permits would be permits for remining.
     Alternative 5--designate lands as unsuitable for surface 
coal mining based on the presence of certain sensitive resources 
(12,331 acres). No types of surface mining permits would be accepted 
for this area.
     Alternative 6--designate a reduced corridor of 600 feet 
(39,106 acres). No types of surface mining permits would be accepted 
for this area.

[[Page 75147]]

    In accordance with the applicable regulations under 30 CFR parts 
762 and 764 and the requirements of the National Environmental Policy 
Act of 1969 (NEPA), as amended, OSMRE evaluated the merits of the 
unsuitability petition and analyzed the impacts of these alternatives. 
This analysis is reflected in the Final PED/EIS, which notes the 
potential impacts of the project and alternatives on earth resources 
(geology, topography and physiography), air quality and greenhouse 
gases, groundwater, surface water, wetlands, vegetation, fish and 
wildlife including special status species, land use, aesthetics 
including visual resources and soundscapes, socioeconomics and 
environmental justice, cultural resources including archaeological, 
historic and ethnographic resources, and public health and safety. 
Mitigation measures to be included as part of project implementation 
will be noted in the final decision.
    In accordance with Department of the Interior regulations (43 CFR 
46.425), OSMRE identified Alternative 3 as the preferred alternative in 
the Draft EIS. However, based on public and agency comments, as well as 
the state's input, OSMRE has now identified alternative 4 as the 
preferred alternative because it is the most consistent with the 
state's request. OSMRE reached that decision based on its analysis and 
conclusion that the ``agency's preferred alternative'' is the 
alternative the agency believes would best accomplish the purpose of 
and need for action, and fulfill its statutory mission and 
responsibilities, while still giving consideration to economic, 
environmental, technical, and other factors. Alternative 4 is also the 
environmentally preferred alternative because of its long-term 
environmental benefits.
    The OSMRE will prepare a Record of Decision (ROD) for the proposed 
petition after a 30-day period following publication of the NOA.

    Authority: 40 CFR 1506.6, 40 CFR 1506.1.

    Dated: October 7, 2016.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. 2016-25868 Filed 10-27-16; 8:45 am]
 BILLING CODE 4310-05-P

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