Missouri Regulatory Program, 22849-22852 [2018-10482]
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Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Rules and Regulations
Passports and visas, Reporting and
recordkeeping requirements.
Accordingly, for the reasons set forth
above, the changes to 22 CFR parts 50
and 51 are stayed as follows:
§ 51.71
VI. Procedural Determinations
[Amended]
11. Effective May 17, 2018, until June
10, 2018, § 51.71 is stayed.
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§ 51.72
[Amended]
12. Effective May 17, 2018, until June
10, 2018, § 51.72 is stayed.
■
PART 50—NATIONALITY
PROCEDURES
§ 51.73
■
1. The authority citation for part 50
continues to read as follows:
§ 51.74
[Amended]
■
Authority: 22 U.S.C. 2651a; 8 U.S.C. 1104
and 1401 through 1504.
§ 50.7
13. Effective May 17, 2018, until June
10, 2018, § 51.73 is stayed.
[Amended]
14. Effective May 18, 2018, until June
10, 2018, § 51.74 is stayed.
■
[Amended]
2. In § 50.7, effective May 17, 2018,
until June 10, 2018, paragraph (d) is
stayed.
Janet M. Freer,
Director, Office of Directives Management,
Department of State.
§ 50.11
[FR Doc. 2018–10653 Filed 5–16–18; 8:45 am]
■
[Amended]
BILLING CODE 4710–24–P
3. In § 50.11, effective May 17, 2018,
until June 10, 2018, paragraph (b) is
stayed.
■
DEPARTMENT OF THE INTERIOR
PART 51—PASSPORTS
Office of Surface Mining Reclamation
and Enforcement
4. The authority citation for part 51
continues to read as follows:
■
30 CFR Part 925
Authority: 8 U.S.C. 1504; 18 U.S.C. 1621,
2423; 22 U.S.C. 211a, 212, 212a, 212b, 213,
213n (Pub. L. 106–113 Div. B, Sec. 1000(a)(7)
[Div. A, Title II, Sec. 236], 113 Stat. 1536,
1501A–430); 214, 214a, 217a, 218, 2651a,
2671(d)(3), 2705, 2714, 2721, 3926; 26 U.S.C.
6039E; 31 U.S.C. 9701; 42 U.S.C. 652(k) [Div.
B, Title V of P.L. 103–317, 108 Stat. 1760];
E.O. 11295, FR 10603; Pub. L. 114–119, 130
Stat. 15; Sec. 1 of P.L. 109–210, 120 Stat. 319;
Sec. 2 of P.L. 109–167, 119 Stat. 3578; Sec.
5 of P.L. 109–472, 120 Stat. 3554; P.L. 108–
447, Div. B, Title IV 118 Stat. 2896; P.L. 108–
458, 118 Stat. 3638, 3823.
§ 51.4
[Amended]
5. In § 51.4, effective May 17, 2018,
until June 10, 2018, paragraphs (g)(1)
and (8) are stayed.
■
§ 51.60
[Amended]
6. In § 51.60, effective May 17, 2018,
until June 10, 2018, paragraphs (h) and
(i) are stayed.
■
§ 51.62
[Amended]
7. Effective May 17, 2018, until June
10, 2018, § 51.62 is stayed.
■
§ 51.65
8. Effective May 17, 2018, until June
10, 2018, § 51.65 is stayed.
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[Amended]
9. Effective May 17, 2018, until June
10, 2018, § 51.66 is stayed.
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§ 51.70
[Amended]
10. Effective May 17, 2018, until June
10, 2018, § 51.70 is stayed.
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Missouri Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule; approval and
required amendments.
AGENCY:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSMRE), are approving, in part, an
amendment to the Missouri regulatory
program (Missouri program) under the
Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the
Act). Missouri proposed revisions to its
coal Ownership and Control Rules.
Missouri intends to revise its program to
be no less effective than the Federal
regulations and to improve operational
efficiency.
DATES: The effective date is June 18,
2018.
SUMMARY:
Len
Meier, Division Chief, Alton Field
Division, Office of Surface Mining
Reclamation and Enforcement, 501 Belle
Street, Suite 216, Alton, IL 62002.
Telephone: (618) 463–6460. Email:
lmeier@osmre.gov.
SUPPLEMENTARY INFORMATION:
■
§ 51.66
[SATS No. MO–042–FOR; Docket ID: OSM–
2014–0002; S1D1S SS08011000 SX064A000
189S180110; S2D2S SS08011000
SX064A000 18XS501520]
FOR FURTHER INFORMATION CONTACT:
[Amended]
I. Background on the Missouri Program
II. Submission of the Amendment
III. OSMRE’s Findings
IV. Summary and Disposition of Comments
V. OSMRE’s Decision
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I. Background on the Missouri 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, State laws
and regulations that govern surface coal
mining and reclamation operations in
accordance with the Act and consistent
with the Federal regulations. See 30
U.S.C. 1253(a)(1) and (7). On the basis
of these criteria, the Secretary of the
Interior conditionally approved the
Missouri program on November 21,
1980. You can find background
information on the Missouri program,
including the Secretary’s findings, the
disposition of comments, and
conditions of approval, in the November
21, 1980, Federal Register (45 FR
77027). You can also find later
subsequent actions concerning the
Missouri program and program
amendments at 30 CFR 925.10, 925.12,
925.15, and 925.16.
II. Submission of the Amendment
By letter dated February 18, 2014
(Administrative Record No. MO–679),
Missouri sent us an amendment to its
program under SMCRA (30 U.S.C. 1201
et seq.). Missouri submitted the
amendment in response to a September
30, 2009, letter (Administrative Record
No. MO–670A) that OSMRE had sent to
Missouri in accordance with 30 CFR
732.17(c) and to improve operational
efficiency. Missouri proposed revisions
to Title 10 of its Code of State
Regulations (CSR) under Division 40
Land Reclamation Commission. The
specific sections of 10 CSR 40 changed
by Missouri’s amendment are discussed
in Part III OSMRE’s Findings. Missouri
revised its program to be no less
effective than the Federal regulations, to
change terms, add clarifying language,
make grammatical changes, and correct
reference errors.
We announced receipt of the
proposed amendment in the May 20,
2014, Federal Register (79 FR 28852). 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 neither was
requested. The public comment period
ended on June 19, 2014. We did not
receive any public comments.
III. OSMRE’s Findings
The following are the findings we
made concerning Missouri’s amendment
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revisions under SMCRA and the Federal
regulations at 30 CFR 732.15 and
732.17. Any revisions that we do not
specifically discuss below concerning
non-substantive wording or editorial
changes can be found in the full text of
the program amendment available at
www.regulations.gov.
A. 10 CSR 40–6.030—Surface Mining
Permit Applications—Minimum
Requirements for Legal, Financial,
Compliance, and Related Information
Missouri revised paragraphs (1)(B)1
and 3, and subsections (2)(A) and (4)(C)
of this part to clarify the information
that must be provided in the permit
application. We find that Missouri’s
revisions makes the regulations no less
effective than the corresponding Federal
regulations at 30 CFR 778.11(c),
778.12(a), 778.14(a), and 778.16(c),
respectively. Therefore, we approve
these revisions.
OSMRE found that Missouri did not
revise its regulations to include a
counterpart to 30 CFR 778.11(b)(4),
which requires information to be
provided for, ‘‘[e]ach business entity in
the applicant’s and operator’s
organizational structure, up to and
including the ultimate parent entity of
the applicant and operator.’’
Additionally, paragraphs (1)(B) and
(1)(C) require names and addresses for
certain individuals on the application,
but do not require telephone numbers,
which is inconsistent with the
requirements of 30 CFR 778.11(d)(1).
We find that these omissions make
Missouri’s regulations in this section
inconsistent with the corresponding
Federal regulations at 30 CFR
778.11(b)(4) and (d)(1).
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B. 10 CSR 40–6.070—Review, Public
Participation and Approval of Permit
Applications and Permit Terms and
Conditions
Missouri revised subsection (7)(C) of
this part by adding ‘‘operator’’ in
conjunction with the term ‘‘applicant’’
as an additional person on which permit
application information must be
collected. We find that Missouri’s
revision makes its regulations no less
effective than the corresponding Federal
regulations at 30 CFR 773.14. Therefore,
we approve Missouri’s revision.
Missouri revised subsections (8)(M)
and (N) of this part by including
requirements regarding lands eligible for
remining and applicant eligibility as
criteria for permit approval or denial.
We find that Missouri’s revisions make
its regulations no less effective than the
corresponding Federal regulations at 30
CFR 785.25 and 773.15(n), respectively.
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Therefore, we approve Missouri’s
revisions.
Missouri added paragraph (11)(A)4
and revised subsection (B) in this part
regarding when the regulatory authority
will consider a provisionally issued
permit to be improvidently issued,
under what conditions the permits will
be suspended or rescinded if found to
be improvidently issued, and the
suspension and rescission procedures.
We find that Missouri’s revisions make
its regulations no less effective than the
corresponding Federal regulations at 30
CFR 773.21 through 773.23. Therefore,
we approve Missouri’s revisions.
C. 10 CSR 40–6.100—Underground
Mining Permit Applications—Minimum
Requirements for Legal, Financial,
Compliance, and Related Information
Missouri revised subsections (1)(B)
and (2)(A) of this part to clarify who
must be identified and who must
provide compliance information in a
permit application. We find that
Missouri’s revisions make its
regulations no less effective than the
corresponding Federal regulations at 30
CFR 778.11 and 778.14, respectively.
Therefore, we are approving Missouri’s
revisions.
OSMRE found that Missouri did not
revise its regulations to include a
counterpart to 30 CFR 778.11(b)(4),
which requires information to be
provided for, ‘‘[e]ach business entity in
the applicant’s and operator’s
organizational structure, up to and
including the ultimate parent entity of
the applicant and operator.’’
Additionally, paragraphs (1)(B) and
(1)(C) require names and addresses for
certain individuals on the application,
but do not require telephone numbers,
which is inconsistent with the
requirements of 30 CFR 778.11(d)(1).
We find that these omissions make
Missouri’s regulations in this section
inconsistent with the corresponding
Federal regulations at 30 CFR
778.11(b)(4) and (d)(1).
D. 10 CSR 40–8.030—Permanent
Program Inspection and Enforcement
Missouri revised subsection (6)(G) of
this part by clarifying who is notified
following the issuance of a cessation
order. We find that Missouri’s revision
will make its regulations no less
effective than the corresponding Federal
regulations at 30 CFR 843.11(g).
Therefore, we are approving Missouri’s
revision.
Missouri also revised subsection
(6)(H) of this part regarding post permit
issuance information requirements. We
find that Missouri’s revision is
substantively the same as the
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corresponding Federal regulations at 30
CFR 774.12. Therefore, we are
approving Missouri’s revision.
E. 10 CSR 40–8.040—Penalty
Assessment
Missouri revised subsection (5)(B) of
this part by increasing the minimum
civil penalty amount assessed each day
from not less than $750 to not less than
$1,025. We find that Missouri’s revision
is substantively the same as the
corresponding Federal regulations at 30
CFR 845.15(b). Therefore, we are
approving Missouri’s revision.
IV. Summary and Disposition of
Comments
Public Comments
We asked for public comments on the
amendment, but did not receive any.
Federal Agency Comments
On April 2, 2014, pursuant to 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 Missouri program
(Administrative Record No. MO–
679.01). 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 Missouri 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, on April 2, 2014,
under 30 CFR 732.17(h)(11)(i), we
requested comments on the amendment
from EPA (Administrative Record No.
MO–679.01). The EPA did not respond
to our request.
State Historic Preservation Officer
(SHPO) and the Advisory Council on
Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are
required to request comments from the
SHPO and ACHP on amendments that
may have an effect on historic
properties. On April 2, 2014, under 30
CFR 732.17(h)(11)(i), we requested
comments on the amendment
(Administrative Record No. MO–
679.01), but neither the SHPO nor
ACHP responded to our request.
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V. OSMRE’s Decision
Based on the above findings, we are:
1. Approving, in part, the amendment
Missouri sent us on February 18, 2014;
2. not approving 10 CSR 40–6.030 and
40–6.100, pertaining to the 30 CFR
778.11(b)(4) requirement for applicant
and operator information provided in
the permit application, and requiring
Missouri to submit a proposed
amendment, or a description of an
amendment to be proposed, along with
a timetable for enactment, at 30 CFR
925.16(v); and
3. not approving 10 CSR 40–
6.030(1)(B)–(C) and 40–6.100(1)(B)–(C),
pertaining to the 30 CFR 778.11(d)(1)
requirement to include telephone
numbers for certain individuals in the
permit application, and requiring
Missouri to submit a proposed
amendment, or a description of an
amendment to be proposed, along with
a timetable for enactment, at 30 CFR
925.16(w).
To implement this decision, we are
amending the Federal regulations at 30
CFR part 925, which codify decisions
concerning the Missouri program. In
accordance with the Administrative
Procedure Act, this rule will take effect
30 days after the date of publication.
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. SMCRA requires consistency
of State and Federal standards.
VI. Procedural Determination
Executive Order 12630—Takings
This rulemaking does not have
takings implications. This
determination is based on the analysis
performed for the counterpart Federal
regulation.
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Executive Order 12866—Regulatory
Planning and Review
Pursuant to Office of Management and
Budget (OMB) Guidance dated October
12, 1993, the approval of state program
amendments is exempted from OMB
review under Executive Order 12866.
Executive Order 12988—Civil Justice
Reform
The Department of the Interior has
reviewed this rule as required by
Section 3(a) of Executive Order 12988.
The Department has determined that
this Federal Register notice meets the
criteria of Section 3 of Executive Order
12988, which is intended to ensure that
the agency review its legislation and
regulations to minimize litigation; and
that the agency’s legislation and
regulations provide a clear legal
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standard for affected conduct rather
than a general standard, and promote
simplification and burden reduction.
Because Section 3 focuses on the quality
of Federal legislation and regulations,
the Department limited its review under
this Executive Order to the quality of
this Federal Register notice and to
changes to the Federal regulations. The
review under this Executive Order did
not extend to the language of the State
regulatory program or to the program
amendment that the State of Missouri
drafted.
Executive Order 13132—Federalism
This rule is not a ‘‘[p]olicy that [has]
Federalism implications’’ as defined by
Section 1(a) of Executive Order 13132
because it does 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.’’ Instead, this rule
approves an amendment to the Missouri
program submitted and drafted by that
State. OSMRE reviewed the submission
with fundamental federalism principles
in mind as set forth in Section 2 and 3
of the Executive Order and with the
principles of cooperative federalism as
set forth in SMCRA. See, e.g., 30 U.S.C.
1201(f). As such, pursuant to Section
503(a)(1) and (7)(30 U.S.C. 1253(a)(1)
and (7)), OSMRE reviewed the program
amendment to ensure that it is ‘‘in
accordance with’’ the requirements of
SMCRA and ‘‘consistent with’’ the
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 rulemaking on Federallyrecognized Indian tribes and have
determined that the rulemaking 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. The basis
for this determination is that our
decision is on a State regulatory
program and does not involve Federal
regulations involving Indian lands.
Executive Order 13211—Regulations
That Significantly Affect the Supply,
Distribution, or Use of Energy
Executive Order 13211 of May 18,
2001, requires agencies to prepare a
Statement of Energy Effects for a
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22851
rulemaking 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 rulemaking 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 rulemaking 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 rulemaking 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 rulemaking 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 rulemaking,
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 rulemaking 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 rulemaking is not a major rule
under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement
Fairness Act. This rulemaking: (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.
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This determination is based upon the
fact that the State submittal, which is
the subject of this rulemaking, 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 rulemaking 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
Original amendment submission
date
*
*
April 18, 2014 .................................
is the subject of this rulemaking, 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 925
Intergovernmental relations, Surface
mining, Underground mining.
Dated: February 13, 2018.
Alfred L. Clayborne,
Regional Director, Mid-Continent Region.
For the reasons set out in the
preamble, 30 CFR part 925 is amended
as set forth below:
2. Section 925.15 is amended in the
table by adding an entry in
chronological order by ‘‘Date of final
publication’’ to read as follows:
■
§ 925.15 Approval of Missouri regulatory
program amendments.
*
*
*
*
*
*
*
*
*
*
May 17, 2018 ................................. 10 CSR 40–6.030(1)(B)1., 3., (2)(A), and (4)(C); 6.070(7)(C), (8)(M),
(N), (11)(A)4., and (B); 6.100(1)(B) and (2)(A); 8.030(6)(G) and (H);
and 8.040(5)(B).
DEPARTMENT OF DEFENSE
§ 925.16
32 CFR Part 733
Required program amendments.
*
*
*
*
*
(v) By November 19, 2018, Missouri
shall submit a proposed amendment, or
a description of an amendment to be
proposed, along with a timetable for
enactment, that will add a counterpart
to 30 CFR 778.11(b)(4), pertaining to the
requirement for applicant and operator
information provided in the permit
application, at 10 CSR 40–6.030 and 10
CSR 40–6.100.
(w) By November 19, 2018, Missouri
shall submit a proposed amendment, or
a description of an amendment to be
proposed, along with a timetable for
enactment, that will add a counterpart
to 30 CFR 778.11(d)(1), pertaining to the
requirement to include telephone
numbers for certain individuals in the
permit application, at 10 CSR 40–
6.030(1)(B)–(C) and 10 CSR 40–
6.100(1)(B)–(C).
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Authority: 30 U.S.C. 1201 et seq.
Citation/description
3. Section 925.16 is amended by
adding paragraphs (v) and (w) to read as
follows:
16:58 May 16, 2018
1. The authority citation for part 925
continues to read as follows:
■
Date of final publication
■
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PART 925—MISSOURI
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Department of the Navy
[Docket ID: USN–2017–HQ–0006]
RIN 0703–AA96
Assistance to and Support of
Dependents; Paternity Complaints
AGENCY:
Department of the Navy (DoN),
DoD.
ACTION:
Final rule.
This final rule removes DoD’s
regulation requiring naval personnel to
provide support to dependents. It has
been determined that the content of this
part is internal DoD policy, and while
that policy is publicly available, the part
should be removed.
DATES: This rule is effective on May 17,
2018.
FOR FURTHER INFORMATION CONTACT: CDR
Amanda Myers, 703–697–1311.
SUPPLEMENTARY INFORMATION: It has been
determined that publication of this CFR
part removal for public comment is
impracticable, unnecessary, and
contrary to public interest since it is
based on removing DoD internal
policies and procedures that are
publically available on the Department’s
website.
This part is proprietary or of unique
interest to the Department of the Navy.
The Military Personnel Manual
(MILPERSMAN) (for the Navy)
(available at https://
www.public.navy.mil/bupers-npc/
SUMMARY:
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reference/milpersman/pages/
default.aspx) and the Marine Corps
Manual for Legal Administration
(LEGADMINMAN) (for the Marine
Corps) (available at https://
www.marines.mil/Portals/59/
MCOP5800.16AWCH1-7.pdf) are readily
available online and used by commands
as administrative tools to determine
equitable support when there is no
competent court order. There is no right
afforded to the public (specifically,
dependents) either by statute or internal
service regulation. The MILPERSMAN
and LEGADMINMAN are clear that the
guidelines contained therein are tools
that a commander may use to ensure
good order and discipline within the
unit. For these reasons, this part has
been determined to be internal DoD
policy and as such, it does not fall
under the criteria of rulemaking under
the Administrative Procedure Act.
This rule is not significant under
Executive Order (E.O.) 12866,
‘‘Regulatory Planning and Review,’’
therefore, E.O. 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs’’ does not apply.
List of Subjects in 32 CFR Part 733
Alimony, Child support, Claims,
Military personnel, Wages.
PART 733—[REMOVED]
Accordingly, by the authority of 5
U.S.C. 301, 32 CFR part 733 is removed.
■
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]]>Agencies
[Federal Register Volume 83, Number 96 (Thursday, May 17, 2018)]
[Rules and Regulations]
[Pages 22849-22852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10482]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 925
[SATS No. MO-042-FOR; Docket ID: OSM-2014-0002; S1D1S SS08011000
SX064A000 189S180110; S2D2S SS08011000 SX064A000 18XS501520]
Missouri Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval and required amendments.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are approving, in part, an amendment to the Missouri
regulatory program (Missouri program) under the Surface Mining Control
and Reclamation Act of 1977 (SMCRA or the Act). Missouri proposed
revisions to its coal Ownership and Control Rules. Missouri intends to
revise its program to be no less effective than the Federal regulations
and to improve operational efficiency.
DATES: The effective date is June 18, 2018.
FOR FURTHER INFORMATION CONTACT: Len Meier, Division Chief, Alton Field
Division, Office of Surface Mining Reclamation and Enforcement, 501
Belle Street, Suite 216, Alton, IL 62002. Telephone: (618) 463-6460.
Email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Missouri Program
II. Submission of the Amendment
III. OSMRE's Findings
IV. Summary and Disposition of Comments
V. OSMRE's Decision
VI. Procedural Determinations
I. Background on the Missouri 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, State laws and regulations
that govern surface coal mining and reclamation operations in
accordance with the Act and consistent with the Federal regulations.
See 30 U.S.C. 1253(a)(1) and (7). On the basis of these criteria, the
Secretary of the Interior conditionally approved the Missouri program
on November 21, 1980. You can find background information on the
Missouri program, including the Secretary's findings, the disposition
of comments, and conditions of approval, in the November 21, 1980,
Federal Register (45 FR 77027). You can also find later subsequent
actions concerning the Missouri program and program amendments at 30
CFR 925.10, 925.12, 925.15, and 925.16.
II. Submission of the Amendment
By letter dated February 18, 2014 (Administrative Record No. MO-
679), Missouri sent us an amendment to its program under SMCRA (30
U.S.C. 1201 et seq.). Missouri submitted the amendment in response to a
September 30, 2009, letter (Administrative Record No. MO-670A) that
OSMRE had sent to Missouri in accordance with 30 CFR 732.17(c) and to
improve operational efficiency. Missouri proposed revisions to Title 10
of its Code of State Regulations (CSR) under Division 40 Land
Reclamation Commission. The specific sections of 10 CSR 40 changed by
Missouri's amendment are discussed in Part III OSMRE's Findings.
Missouri revised its program to be no less effective than the Federal
regulations, to change terms, add clarifying language, make grammatical
changes, and correct reference errors.
We announced receipt of the proposed amendment in the May 20, 2014,
Federal Register (79 FR 28852). 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 neither was requested. The public comment
period ended on June 19, 2014. We did not receive any public comments.
III. OSMRE's Findings
The following are the findings we made concerning Missouri's
amendment
[[Page 22850]]
revisions under SMCRA and the Federal regulations at 30 CFR 732.15 and
732.17. Any revisions that we do not specifically discuss below
concerning non-substantive wording or editorial changes can be found in
the full text of the program amendment available at
www.regulations.gov.
A. 10 CSR 40-6.030--Surface Mining Permit Applications--Minimum
Requirements for Legal, Financial, Compliance, and Related Information
Missouri revised paragraphs (1)(B)1 and 3, and subsections (2)(A)
and (4)(C) of this part to clarify the information that must be
provided in the permit application. We find that Missouri's revisions
makes the regulations no less effective than the corresponding Federal
regulations at 30 CFR 778.11(c), 778.12(a), 778.14(a), and 778.16(c),
respectively. Therefore, we approve these revisions.
OSMRE found that Missouri did not revise its regulations to include
a counterpart to 30 CFR 778.11(b)(4), which requires information to be
provided for, ``[e]ach business entity in the applicant's and
operator's organizational structure, up to and including the ultimate
parent entity of the applicant and operator.'' Additionally, paragraphs
(1)(B) and (1)(C) require names and addresses for certain individuals
on the application, but do not require telephone numbers, which is
inconsistent with the requirements of 30 CFR 778.11(d)(1). We find that
these omissions make Missouri's regulations in this section
inconsistent with the corresponding Federal regulations at 30 CFR
778.11(b)(4) and (d)(1).
B. 10 CSR 40-6.070--Review, Public Participation and Approval of Permit
Applications and Permit Terms and Conditions
Missouri revised subsection (7)(C) of this part by adding
``operator'' in conjunction with the term ``applicant'' as an
additional person on which permit application information must be
collected. We find that Missouri's revision makes its regulations no
less effective than the corresponding Federal regulations at 30 CFR
773.14. Therefore, we approve Missouri's revision.
Missouri revised subsections (8)(M) and (N) of this part by
including requirements regarding lands eligible for remining and
applicant eligibility as criteria for permit approval or denial. We
find that Missouri's revisions make its regulations no less effective
than the corresponding Federal regulations at 30 CFR 785.25 and
773.15(n), respectively. Therefore, we approve Missouri's revisions.
Missouri added paragraph (11)(A)4 and revised subsection (B) in
this part regarding when the regulatory authority will consider a
provisionally issued permit to be improvidently issued, under what
conditions the permits will be suspended or rescinded if found to be
improvidently issued, and the suspension and rescission procedures. We
find that Missouri's revisions make its regulations no less effective
than the corresponding Federal regulations at 30 CFR 773.21 through
773.23. Therefore, we approve Missouri's revisions.
C. 10 CSR 40-6.100--Underground Mining Permit Applications--Minimum
Requirements for Legal, Financial, Compliance, and Related Information
Missouri revised subsections (1)(B) and (2)(A) of this part to
clarify who must be identified and who must provide compliance
information in a permit application. We find that Missouri's revisions
make its regulations no less effective than the corresponding Federal
regulations at 30 CFR 778.11 and 778.14, respectively. Therefore, we
are approving Missouri's revisions.
OSMRE found that Missouri did not revise its regulations to include
a counterpart to 30 CFR 778.11(b)(4), which requires information to be
provided for, ``[e]ach business entity in the applicant's and
operator's organizational structure, up to and including the ultimate
parent entity of the applicant and operator.'' Additionally, paragraphs
(1)(B) and (1)(C) require names and addresses for certain individuals
on the application, but do not require telephone numbers, which is
inconsistent with the requirements of 30 CFR 778.11(d)(1). We find that
these omissions make Missouri's regulations in this section
inconsistent with the corresponding Federal regulations at 30 CFR
778.11(b)(4) and (d)(1).
D. 10 CSR 40-8.030--Permanent Program Inspection and Enforcement
Missouri revised subsection (6)(G) of this part by clarifying who
is notified following the issuance of a cessation order. We find that
Missouri's revision will make its regulations no less effective than
the corresponding Federal regulations at 30 CFR 843.11(g). Therefore,
we are approving Missouri's revision.
Missouri also revised subsection (6)(H) of this part regarding post
permit issuance information requirements. We find that Missouri's
revision is substantively the same as the corresponding Federal
regulations at 30 CFR 774.12. Therefore, we are approving Missouri's
revision.
E. 10 CSR 40-8.040--Penalty Assessment
Missouri revised subsection (5)(B) of this part by increasing the
minimum civil penalty amount assessed each day from not less than $750
to not less than $1,025. We find that Missouri's revision is
substantively the same as the corresponding Federal regulations at 30
CFR 845.15(b). Therefore, we are approving Missouri's revision.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment, but did not receive
any.
Federal Agency Comments
On April 2, 2014, pursuant to 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 Missouri
program (Administrative Record No. MO-679.01). 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 Missouri 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, on
April 2, 2014, under 30 CFR 732.17(h)(11)(i), we requested comments on
the amendment from EPA (Administrative Record No. MO-679.01). The EPA
did not respond to our request.
State Historic Preservation Officer (SHPO) and the Advisory Council on
Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are required to request comments from
the SHPO and ACHP on amendments that may have an effect on historic
properties. On April 2, 2014, under 30 CFR 732.17(h)(11)(i), we
requested comments on the amendment (Administrative Record No. MO-
679.01), but neither the SHPO nor ACHP responded to our request.
[[Page 22851]]
V. OSMRE's Decision
Based on the above findings, we are:
1. Approving, in part, the amendment Missouri sent us on February
18, 2014;
2. not approving 10 CSR 40-6.030 and 40-6.100, pertaining to the 30
CFR 778.11(b)(4) requirement for applicant and operator information
provided in the permit application, and requiring Missouri to submit a
proposed amendment, or a description of an amendment to be proposed,
along with a timetable for enactment, at 30 CFR 925.16(v); and
3. not approving 10 CSR 40-6.030(1)(B)-(C) and 40-6.100(1)(B)-(C),
pertaining to the 30 CFR 778.11(d)(1) requirement to include telephone
numbers for certain individuals in the permit application, and
requiring Missouri to submit a proposed amendment, or a description of
an amendment to be proposed, along with a timetable for enactment, at
30 CFR 925.16(w).
To implement this decision, we are amending the Federal regulations
at 30 CFR part 925, which codify decisions concerning the Missouri
program. In accordance with the Administrative Procedure Act, this rule
will take effect 30 days after the date of publication. 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. SMCRA requires consistency of State and Federal
standards.
VI. Procedural Determination
Executive Order 12630--Takings
This rulemaking 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
Pursuant to Office of Management and Budget (OMB) Guidance dated
October 12, 1993, the approval of state program amendments is exempted
from OMB review under Executive Order 12866.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has reviewed this rule as required
by Section 3(a) of Executive Order 12988. The Department has determined
that this Federal Register notice meets the criteria of Section 3 of
Executive Order 12988, which is intended to ensure that the agency
review its legislation and regulations to minimize litigation; and that
the agency's legislation and regulations provide a clear legal standard
for affected conduct rather than a general standard, and promote
simplification and burden reduction. Because Section 3 focuses on the
quality of Federal legislation and regulations, the Department limited
its review under this Executive Order to the quality of this Federal
Register notice and to changes to the Federal regulations. The review
under this Executive Order did not extend to the language of the State
regulatory program or to the program amendment that the State of
Missouri drafted.
Executive Order 13132--Federalism
This rule is not a ``[p]olicy that [has] Federalism implications''
as defined by Section 1(a) of Executive Order 13132 because it does 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.''
Instead, this rule approves an amendment to the Missouri program
submitted and drafted by that State. OSMRE reviewed the submission with
fundamental federalism principles in mind as set forth in Section 2 and
3 of the Executive Order and with the principles of cooperative
federalism as set forth in SMCRA. See, e.g., 30 U.S.C. 1201(f). As
such, pursuant to Section 503(a)(1) and (7)(30 U.S.C. 1253(a)(1) and
(7)), OSMRE reviewed the program amendment to ensure that it is ``in
accordance with'' the requirements of SMCRA and ``consistent with'' the
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 rulemaking on Federally-recognized Indian
tribes and have determined that the rulemaking 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. The basis for this determination is that
our decision is on a State regulatory program and does not involve
Federal regulations involving Indian lands.
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
Executive Order 13211 of May 18, 2001, requires agencies to prepare
a Statement of Energy Effects for a rulemaking 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 rulemaking 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 rulemaking 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 rulemaking 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 rulemaking 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 rulemaking, 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 rulemaking
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 rulemaking is not a major rule under 5 U.S.C. 804(2), the
Small Business Regulatory Enforcement Fairness Act. This rulemaking:
(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.
[[Page 22852]]
This determination is based upon the fact that the State submittal,
which is the subject of this rulemaking, 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 rulemaking 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 rulemaking, 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 925
Intergovernmental relations, Surface mining, Underground mining.
Dated: February 13, 2018.
Alfred L. Clayborne,
Regional Director, Mid-Continent Region.
For the reasons set out in the preamble, 30 CFR part 925 is amended
as set forth below:
PART 925--MISSOURI
0
1. The authority citation for part 925 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
2. Section 925.15 is amended in the table by adding an entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 925.15 Approval of Missouri regulatory program amendments.
* * * * *
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Original amendment submission Date of final
date publication Citation/description
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* * * * * * *
April 18, 2014................ May 17, 2018..... 10 CSR 40-
6.030(1)(B)1., 3.,
(2)(A), and (4)(C);
6.070(7)(C), (8)(M),
(N), (11)(A)4., and
(B); 6.100(1)(B) and
(2)(A); 8.030(6)(G)
and (H); and
8.040(5)(B).
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0
3. Section 925.16 is amended by adding paragraphs (v) and (w) to read
as follows:
Sec. 925.16 Required program amendments.
* * * * *
(v) By November 19, 2018, Missouri shall submit a proposed
amendment, or a description of an amendment to be proposed, along with
a timetable for enactment, that will add a counterpart to 30 CFR
778.11(b)(4), pertaining to the requirement for applicant and operator
information provided in the permit application, at 10 CSR 40-6.030 and
10 CSR 40-6.100.
(w) By November 19, 2018, Missouri shall submit a proposed
amendment, or a description of an amendment to be proposed, along with
a timetable for enactment, that will add a counterpart to 30 CFR
778.11(d)(1), pertaining to the requirement to include telephone
numbers for certain individuals in the permit application, at 10 CSR
40-6.030(1)(B)-(C) and 10 CSR 40-6.100(1)(B)-(C).
[FR Doc. 2018-10482 Filed 5-16-18; 8:45 am]
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