Alabama Abandoned Mine Land Reclamation Plan, 28996-29001 [2018-13434]
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28996
Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations
or its elements in accordance with
paragraphs (b)(1)(v) and (b)(2)(vi) of this
section.
(F) A description of internal and
external controls that are recommended
or provided and control procedures. The
description must identify those control
elements that are incorporated into the
testing procedure.
(iv) Information demonstrating
analytical validity of the device
according to analytical performance
characteristics, evaluated either
specifically for each gene/mutation or,
when clinically and practically justified,
using a representative approach based
on other mutations of the same type,
including:
(A) Data that adequately supports the
intended specimen type (e.g., formalinfixed, paraffin-embedded tumor tissue),
specimen handling protocol, and
nucleic acid purification for specific
tumor types or for a pan-tumor claim.
(B) A summary of the empirical
evidence obtained to demonstrate how
the analytical quality metrics and
thresholds were optimized.
(C) Device precision data using
clinical samples to adequately evaluate
intra-run, inter-run, and total variability.
The samples must cover all mutation
types tested (both positive and negative
samples) and include samples near the
limit of detection of the device.
Precision must be assessed by
agreement within replicates on the assay
final result for each representative
mutation, as applicable, and also
supported by sequencing quality metrics
for targeted regions across the panel.
(D) Description of the protocols and/
or data adequately demonstrating the
interchangeability of reagent lots and
multiplexing barcodes.
(E) A description of the nucleic acid
assay input concentration range and the
evidence to adequately support the
range.
(F) A description of the data
adequately supporting the limit of
detection of the device.
(G) A description of the data to
adequately support device accuracy
using clinical specimens representing
the intended specimen type and range
of tumor types, as applicable.
(1) Clinical specimens tested to
support device accuracy must
adequately represent the list of cancer
mutations with evidence of clinical
significance to be detected by the
device.
(2) For mutations that are designated
as cancer mutations with evidence of
clinical significance and that are based
on evidence established in the intended
specimen type (e.g., tumor tissues) but
for a different analyte type (e.g., protein,
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RNA) and/or a measurement (e.g.,
incorporating a score or copy number)
and/or with an alternative technology
(e.g., IHC, RT-qPCR, FISH), evidence of
accuracy must include clinically
adequate concordance between results
for the mutation and the medically
established biomarker test (e.g.,
evidence generated from an
appropriately sized method comparison
study using clinical specimens from the
target population).
(3) For qualitative DNA mutations not
described in paragraph (b)(1)(iv)(G)(2) of
this section, accuracy studies must
include both mutation-positive and
wild-type results.
(H) Adequate device stability
information.
(v) Information that adequately
supports the clinical significance of the
panel must include:
(A) Criteria established on what types
and levels of evidence will clinically
validate a mutation as a cancer mutation
with evidence of clinical significance
versus a cancer mutation with potential
clinical significance.
(B) For representative mutations of
those designated as cancer mutations
with evidence of clinical significance, a
description of the clinical evidence
associated with such mutations, such as
clinical evidence presented in
professional guidelines, as appropriate,
with method comparison performance
data as described in paragraph
(b)(1)(iv)(G) of this section.
(C) For all other mutations designated
as cancer mutations with potential
clinical significance, a description of the
rationale for reporting.
(2) The 21 CFR 809.10 compliant
labeling and any product information
and test report generated, must include
the following, as applicable:
(i) The intended use statement must
specify the following:
(A) The test is indicated for
previously diagnosed cancer patients.
(B) The intended specimen type(s)
and matrix (e.g., formalin-fixed,
paraffin-embedded tumor tissue).
(C) The mutation types (e.g., single
nucleotide variant, insertion, deletion,
copy number variation or gene
rearrangement) for which validation
data has been provided.
(D) The name of the testing facility or
facilities, as applicable.
(ii) A description of the device and
summary of the results of the
performance studies performed in
accordance with paragraphs (b)(1)(iii),
(b)(1)(iv), and (b)(1)(v) of this section.
(iii) A description of applicable test
limitations, including, for device
specific mutations validated with
method comparison data to a medically
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established test in the same intended
specimen type, appropriate description
of the level of evidence and/or the
differences between next generation
sequencing results and results from the
medically established test (e.g., as
described in professional guidelines).
(iv) A listing of all somatic mutations
that are intended to be detected by the
device and that are reported in the test
results under the following two
categories or equivalent designations, as
appropriate: ‘‘cancer mutations panel
with evidence of clinical significance’’
or ‘‘cancer mutations panel with
potential clinical significance.’’
(v) For mutations reported under the
category of ‘‘cancer mutations panel
with potential clinical significance,’’ a
limiting statement that states ‘‘For the
mutations listed in [cancer mutations
panel with potential clinical
significance or equivalent designation],
the clinical significance has not been
demonstrated [with adequate clinical
evidence (e.g., by professional
guidelines) in accordance with
paragraph (b)(1)(v) of this section] or
with this test.’’
(vi) For mutations under the category
of ‘‘cancer mutations panel with
evidence of clinical significance,’’ or
equivalent designation, link(s) for
physicians to access internal or external
information concerning decision rules
or conclusions about the level of
evidence for clinical significance that is
associated with the marker in
accordance with paragraph (b)(1)(v) of
this section.
Dated: June 18, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018–13406 Filed 6–21–18; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 901
[SATS No. AL–080–FOR; Docket ID: OSM–
2016–0011; S1D1S SS08011000 SX064A000
189S180110; S2D2S SS08011000
SX064A000 18XS501520]
Alabama Abandoned Mine Land
Reclamation Plan
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of
amendment.
AGENCY:
We, the Office of Surface
Mining Reclamation and Enforcement
SUMMARY:
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(OSMRE), are approving an amendment
to the Alabama Abandoned Mine Land
Reclamation (AMLR) Plan (hereinafter,
the Plan) under the Surface Mining
Control and Reclamation Act of 1977
(SMCRA or the Act). Alabama proposed
updates to their Plan with changes
required by the 2006 Amendments to
SMCRA.
DATES:
The effective date is July 23,
2018.
FOR FURTHER INFORMATION CONTACT:
William L. Joseph, Acting Director,
Birmingham Field Office, Office of
Surface Mining Reclamation and
Enforcement, 135 Gemini Circle, Suite
215, Homewood, Alabama 35209.
Telephone: (205) 290–7282. Email:
bjoseph@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Alabama Plan
II. Submission of the Amendment
III. OSMRE’s Findings
IV. Summary and Disposition of Comments
V. OSMRE’s Decision
VI. Procedural Determinations
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 May 8, 2017. We did
not receive any public comments.
During OSMRE’s review, several
minor deficiencies were noted,
including section numbering
inconsistencies and the lien language in
the ‘‘Reclamation of Private Land’’
section. By letter dated July 17, 2017
(Administrative Record No. AL–0670–
02), OSMRE requested that Alabama
address these minor deficiencies.
Because these requested changes were
minor, Alabama was given the option to
either incorporate the changes or
withdraw the amendment and resubmit
the Plan amendment at a later date. By
letter dated July 28, 2017
(Administrative Record No. AL–0670–
03), Alabama returned a revised Plan
amendment correcting the deficiencies
and the amendment process resumed.
I. Background on the Alabama Plan
III. OSMRE’s Findings
The Abandoned Mine Land
Reclamation Program was established
by Title IV of the Act, (30 U.S.C. 1201
et seq.) in response to concerns over
extensive environmental damage caused
by past coal mining activities. The
program is funded by a reclamation fee
collected on each ton of coal that is
produced. The money collected is used
to finance the reclamation of abandoned
coal mines and for other authorized
activities. Section 405 of the Act 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. Background information on the
Alabama Plan, including the Secretary’s
findings, the disposition of comments,
and the approval of the Plan, is found
in the May 20, 1982, Federal Register
(47 FR 22057). Later actions concerning
the Alabama Plan and amendments to
the Plan, are found at 30 CFR 901.20
and 901.25.
We are approving the amendment as
described below. The following are the
findings we made concerning Alabama’s
amendment under SMCRA and the
Federal regulations at 30 CFR 884.14
and 884.15. 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 Plan amendment
available at www.regulations.gov.
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II. Submission of the Amendment
By letter dated June 7, 2016
(Administrative Record No. AL–0670),
Alabama sent OSMRE an amendment to
its Plan under SMCRA (30 U.S.C. 1201
et seq.) at its own initiative.
We announced receipt of the
proposed amendment in the April 7,
2017, Federal Register (82 FR 16975). In
the same document, we opened the
public comment period and provided an
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Alabama Reclamation Plan
1. Governor’s Letter of Designation [30
CFR 884.13(a)(1)]
Alabama included a 1979 letter from
the Governor designating the Alabama
Department of Industrial Relations, now
known as the Alabama Department of
Labor (ADOL), as the agency responsible
for the abandoned mine lands
reclamation program in the state of
Alabama. This letter was submitted and
approved as part of the original
proposed reclamation plan and is
consistent with the Federal
requirements of 30 CFR 884.13(a)(1).
Therefore, we are approving its
inclusion.
2. Legal Opinion [30 CFR 884.13(a)(2)]
Alabama included a 1981 legal
opinion from the Attorney General of
Alabama authorizing the Alabama
Department of Industrial Relations,
under the legal authority of Alabama
law, to conduct its reclamation program
in accordance with the requirements of
Title IV of the Act. This legal opinion
was submitted and approved as part of
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the original proposed reclamation plan
and is consistent with the Federal
requirements of 30 CFR 884.13(a)(2).
Therefore, we are approving its
inclusion.
3. Purpose, Goals and Objectives [30
CFR 884.13(a)(3)(i)]
Alabama, in section 884.13(a)(3)(i) of
the Plan, stated that the goal of its
AMLR Plan is to amend those adverse
effects of past coal mining conducted
prior to August 3, 1977, which impact
public health, safety, or general welfare,
and cause environmental degradation.
The stated objectives of the AMLR Plan
are to identify and prioritize these
adverse impacts, provide planning
procedures, and affect their ultimate
reclamation. Alabama also stated that,
although the primary purpose of the
program is the reclamation of coal mine
lands, any non-coal AML issues will be
dealt with in accordance with OSMRE
policies. ADOL elected to set aside up
to the maximum amount allowed by
OSMRE of each year’s allocation of
AML funds into a separate fund for the
abatement of the causes and treatment
of the effects of acid mine drainage.
These funds are used in accordance
with all applicable State and Federal
regulations and are used to achieve the
priorities of SMCRA. The program
purpose, goals, and objectives are
consistent with the Federal
requirements of 30 CFR 884.13(a)(3)(i).
Therefore, we are approving their
inclusion.
4. Project Ranking, Selection and
Development Procedures [30 CFR
884.13(a)(3)(ii)]
Alabama, in section 884.13(a)(3)(ii) of
the Plan, described the priority system
and the specific criteria for identifying
and ranking all sites eligible for
reclamation under Title IV of the Act.
Examples of eligible site problems
include: Open and unprotected mine
entries; open shafts; hazardous
highwalls and other steep
embankments; hazardous mine
structures; underground mine
subsidence; trash dumps on mine lands;
water bodies adversely affected by coal
mine drainage; dangerous
impoundments; and any other mine
related danger. The sites given highest
priority are those exhibiting extreme
danger to public health, safety, and
property from adverse effects of coal
mining practices. The sites given the
second highest priority are those
exhibiting adverse effects of coal mining
practices that may impact public health
and safety. The sites given third priority
for restoration are those land and water
resources previously degraded by
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adverse effects of coal mining, including
measures for the conservation and
development of soil, water, woodland,
fish and wildlife, recreational resources,
and agricultural productivity. The three
priority categories described are
consistent with Section 403(a) of
SMCRA. Alabama also describes
ADOL’s data acquisition procedures in
determining site eligibility, which
include the review of past mining
records (available in the OSMRE’s
Abandoned Mine Land Inventory
System (e-AMLIS)), site inventories,
field investigations, and public input.
Alabama states that site priority will be
determined for all eligible sites,
regardless of resource recovery
potential, and that any resource
recovery will be undertaken in
accordance with Federal rules. Any
remined sites will remain eligible for
AML reclamation. These descriptions
are consistent with the Federal
requirements of 30 CFR 884.13(a)(3)(ii).
Therefore, we are approving their
inclusion.
public health, safety, or general welfare.
The AML Emergency Program is
discussed further in Section 8, ‘‘Rights
of Entry.’’ This description of agency
coordination is consistent with the
Federal requirements of 30 CFR
884.13(a)(3)(iii). Therefore, we are
approving its inclusion.
5. Coordination With Other Programs
[30 CFR 884.13(a)(3)(iii)]
Alabama, in section 884.13(a)(3)(iii) of
the Plan, described ADOL’s
coordination with other agencies. The
ADOL AML Program coordinates with
other State divisions such as the
Alabama Department of Environmental
Management (ADEM), the State Historic
Preservation Office (SHPO), and the
Alabama Department of Conservation
and Natural Resources (ADCNR), to
review proposed reclamation projects,
provide assistance, and offer expertise
to ensure that reclamation activities
restore adversely impacted land and
water to a productive state while
protecting natural and historic/cultural
resources. ADOL maintains an annual
cooperative agreement with a non-profit
organization, the Walker County Soil
and Water Conservation District Board
(WCB), which funds and oversees a
reclamation group that performs
reclamation and maintenance on AML
sites and responds to AML emergencies.
Historically, several major and minor
tribes occupied Alabama; however, no
tribal reservations were historically or
are currently located in the areas where
AML reclamation presently takes place
within the Alabama Coal Region.
Consultations concerning potential
cultural resource impacts are conducted
through the SHPO’s Alabama Historical
Commission through the NEPA review
process. Alabama also describes the
purpose of its AML Emergency Program,
which is to stabilize the emergency
aspects of an AML problem by
eliminating the immediate danger to
Alabama, in section 884.13(a)(3)(v) of
the Plan, described its policies and
procedures for reclamation on private
land. Under its Plan, the ADOL State
Programs Administrator has the
authority to place or waive a lien against
private property if the owner has
consented to, participated in, or
exercised control over the mining
operation, and if reclamation will result
in a significant increase in property
value. If an initial evaluation suggests
an increase in property value of $25,000
or more, the land appraisal may be
conducted by an independent appraiser.
The Administrator will determine
whether to place or waive a lien based
on both the independent appraisal
findings and other relevant facts, in
accordance with Code of Alabama
Section 9–16–129. During OSMRE’s
review, it was noted that this section of
the Plan, as well as the referenced
Alabama state law (Code of Alabama
Section 9–16–129), fails to address the
full requirements of 30 CFR 882.13(b) in
regard to notifying the landowner of the
proposed lien and allowing the
landowner a reasonable time to pay that
amount in lieu of filing the lien. On July
17, 2017 (Administrative Record No.
AL–0670–02), OSMRE requested that
Alabama add this lien language to its
proposed Plan. On July 28, 2017,
Alabama returned a revised Plan which
incorporated the additional lien
language. These revised policies and
procedures are consistent with the
Federal requirements of 30 CFR
884.13(a)(3)(v) and 882.13(b). Therefore,
we are approving this inclusion.
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6. Land Acquisition, Management, and
Disposal [30 CFR 884.13(a)(3)(iv)]
Alabama, in section 884.13(a)(3)(iv) of
the Plan, stated that ADOL may acquire,
manage, and dispose of lands that have
been adversely affected by coal mining
activity, if deemed necessary, pursuant
to Section 407 of SMCRA, 30 U.S.C.
1237, and Code of Alabama Section
9–16–127. These acquisition,
management, and disposition policies
and procedures are consistent with the
Federal requirements of 30 CFR
884.13(a)(3)(iv). Therefore, we are
approving their inclusion.
7. Reclamation of Private Land [30 CFR
884.13(a)(3)(v)]
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8. Rights of Entry [30 CFR
884.13(a)(3)(vi)]
Alabama, in section 884.13(a)(3)(vi)
and (iii) of the Plan, stated its policies
and procedures regarding rights of entry
to lands or property. Pursuant to Code
of Alabama Section 9–16–126, ADOL
will take all reasonable actions to obtain
advance written consent from the
property owner for the purposes of
reclamation. In the event that
permission cannot be obtained on
properties where reclamation is needed
and there is an immediate danger to
public health, safety, or general welfare,
police power entry is authorized under
the AML Emergency Program. If police
power entry is necessary, a written
notice must be mailed to the property
owner at least 30 days prior to entry. If
the property owner’s address is not
known, the notice must be posted on the
property and advertised in the
newspaper. These policies and
procedures are consistent with the
Federal requirements of 30 CFR
884.13(a)(3)(vi). Therefore, we are
approving their inclusion.
9. Public Participation Policies [30 CFR
884.13(a)(3)(vii)]
Alabama, in section 884.13(a)(3)(vii)
of the Plan, described its public
participation policies in the
development and operation of its Plan.
The ADOL encourages the public to
contact its office with any questions or
concerns regarding mining related
problems or the AML program, or to
visit the ADOL Inspections Division
Abandoned Mine Lands Program Office.
For future projects, ADOL distributes
notifications to Federal, State, and local
elected officials, and publishes public
notices to news outlets within the
county where the proposed activity is
located. If sufficient public response is
received, a public meeting may be
scheduled to provide information on
proposed activities and address the
concerns of the citizens. Additional
public involvement in the preparation
of any revisions or amendments to the
AML Plan will be coordinated and
executed by OSMRE during the public
comment and review period. These
policies and procedures are consistent
with the Federal requirements of 30 CFR
884.13(a)(3)(vii). Therefore, we are
approving their inclusion.
10. Organization of the Designated
Agency [30 CFR 884.13(a)(4)(i)]
Alabama, in section 884.13(a)(4)(i) of
the Plan, described the organization of
ADOL and its relationship to other State
organizations that may become involved
in its reclamation program. ADOL also
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attached an updated organizational
chart. The Inspections Division of
ADOL reports to the Commissioner, via
the State Programs Administrator. The
Commissioner for ADOL reports directly
to the Governor. The ADOL AML
Program also coordinates with other
State divisions such as the ADEM,
SHPO, and the ADCNR to review
proposed reclamation projects, provide
assistance, and offer expertise to ensure
that reclamation activities restore
adversely impacted land and water to a
productive state while protecting
natural and historic/cultural resources.
This description of agency organization
is consistent with the Federal
requirements of 30 CFR 884.13(a)(4)(i).
Therefore, we are approving its
inclusion.
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11. Personnel Staffing Policies [30 CFR
884.13(a)(4)(ii)]
Alabama, in section 884.13(a)(4)(ii) of
the Plan, described the personnel
staffing policies that will govern the
assignment of personnel to its
reclamation program. The program’s
staff is selected on the basis of
applicable academic and professional
experience. ADOL will be responsible
for complying with all pertinent Federal
and State laws. This description of
agency personnel policies is consistent
with the Federal requirements of 30 CFR
884.13(a)(4)(ii). Therefore, we are
approving its inclusion.
12. Purchasing and Procurement [30
CFR 884.13(a)(4)(iii)]
Alabama, in section 884.13(a)(4)(iii) of
the Plan, stated that the purchasing and
procurement systems used by ADOL
will be in accordance with the
requirements of Office of Management
and Budget (OMB) Circular A–102,
Attachment 0. Purchasing and
procurement program staff is trained in
all applicable State and Federal
regulations and larger transactions are
reviewed, if necessary, by the Alabama
Department of Finance, the State
Attorney General, the Alabama
Department of Examiners of Public
Accounts, and the State Auditor.
Alabama also described its AML
Applicant/Violator System (AVS),
which ensures that no company owners,
directors, or major shareholders bidding
on AML Federally funded projects have
any Federal coal mining violations or
state cessation orders that would render
them ineligible. Emergency program
contractors are also required to meet
AVS clearance requirements, unless an
overriding need to proceed is
determined. These systems are
consistent with the Federal
requirements of 30 CFR 884.13(a)(4)(iii).
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Therefore, we are approving their
inclusion.
13. Accounting [30 CFR 884.13(a)(4)(iv)]
Alabama, in section 884.13(a)(4)(iv) of
the Plan, described the ADOL’s
accounting system, including
procedures for the operation of the State
Abandoned Mine Reclamation Fund.
The ADOL Finance Division is
responsible for the proper accounting of
Federal draws, income, and expenses,
including the maintenance of records
for annual audits conducted by the
Alabama Department of Examiners of
Public Accounts. AML projects,
including administrative, operational,
and construction costs, are grant-funded
and detailed financial records are
maintained for auditing purposes, in
accordance with 30 CFR part 886 and
OMB Circular A–102, Attachment 0.
This system description is consistent
with the Federal requirements of 30 CFR
884.13(a)(4)(iv). Therefore, we are
approving its inclusion.
14. Eligible Lands and Waters [30 CFR
884.13(a)(5)] [30 CFR 884.13(a)(5)(i)]
Alabama, in section 884.13(a)(5) and
(a)(5)(i) of the Plan, included a list of
documents and data sources offering
general descriptions of known or
suspected eligible lands and waters
within the State of Alabama which
potentially required reclamation at the
time of publication. Alabama also
included a list of counties, in order of
significance which have either reported
coal mining prior to 1978, currently
have conditions associated with past
surface mining practices, or currently
have physical hazards or environmental
conditions associated with past
underground mining practices. Alabama
also included a mine map repository
showing the general location of known
or suspected eligible lands and waters
within the State which require
reclamation. These descriptions are
consistent with the Federal
requirements of 30 CFR 884.13(a)(5) and
(a)(5)(i). Therefore, we are approving
their inclusion.
15. Environmental Problems and
Reclamation Techniques [30 CFR
884.13(a)(5)(ii)] [30 CFR
884.13(a)(5)(iii)]
Alabama, in section 884.13(a)(5)
through (a)(5)(iii) of the Plan, described
the problems occurring on known or
suspected lands and waters which
require reclamation, including a table
expressing the percentage of total
abandoned mine lands affected by each
problem or source. Examples of such
problems include: Open shafts and
portals; subsidence; highwalls;
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28999
abandoned structures and equipment;
insect or vermin vectors; water
impoundments; waste banks; minerelated fires; landslide and flood
hazards; pollution of domestic water
supplies; erosion; sedimentation;
reduced land potential; and aesthetic
disamenities. Reclamation techniques to
restore the site to an environmentally
stable condition will be based on
ADOL’s site specific assessments,
current industry construction standards,
and the reclamation cost estimate
procedures outlined in OSMRE
Directive AML–1. These descriptions
are consistent with the Federal
requirements of 30 CFR 884.13(a)(5)(ii)
and (iii). Therefore, we are approving
their inclusion.
16. The Economic Base [30 CFR
884.13(a)(6)(i)]
Alabama, in section 884.13(a)(6)(i) of
the Plan, described the economic base
for the state’s primary coal producing
region, including population size,
market accessibility, economic
activities, such as agricultural products
and manufacturing, and available
mining resources. This description is
consistent with the Federal
requirements of 30 CFR 884.13(a)(6)(i).
Therefore, we are approving its
inclusion.
17. Significant Aesthetic, Historic, and
Recreational Values [30 CFR
884.13(a)(6)(ii)]
Alabama, in section 884.13(a)(6)(ii) of
the Plan, described the aesthetic,
historic, and recreational values of
Alabama. Alabama stated that, to ensure
that all potential impacts of the
reclamation process are mitigated,
ADOL’s Planning and Maintenance
Branch will consult with the SHPO’s
Alabama Historical Commission. This
statement is consistent with the Federal
requirements of 30 CFR 884.13(a)(6)(ii).
Therefore, we are approving its
inclusion.
18. Flora and Fauna of the Northern
One-Half of Alabama [30 CFR
884.13(a)(6)(iii)]
Alabama, in section 884.13(a)(6)(iii) of
the Plan, stated that, during the
planning stages of proposed AML
reclamation projects, evaluations are
conducted by the Planning and
Maintenance Branch to determine the
presence of wetlands, endangered
species, and other environmental
concerns. Recommendations are
provided to enhance or improve wildlife
habitat, and to preserve wetlands and
other critical wildlife habitat during
construction. During this process, ADOL
consults with the U.S. Fish and Wildlife
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Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations
Service to determine whether the
project will adversely affect any
Federally-listed threatened or
endangered species and to develop
appropriate mitigation measures and
minimize disturbance, if necessary.
ADOL also coordinates with the ADCNR
and reviews the Outdoor Alabama
Watchable Wildlife database to
determine whether any important
natural features are recorded at or near
the proposed reclamation project. These
descriptions are consistent with the
Federal requirements of 30 CFR
884.13(a)(6)(iii). Therefore, we are
approving their inclusion.
19. Locations of Documented Coal
Mines in Alabama [30 CFR
884.13(a)(5)(i)]
Alabama included a mine map
repository showing the general location
of known or suspected eligible lands
and waters within the State which
require reclamation. This map
repository is consistent with the Federal
requirements of 30 CFR 884.13(a)(5)(i).
Therefore, we are approving its
inclusion.
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 June 27, 2016, under 30 CFR
884.14(a), we requested comments on
the amendment from various Federal
agencies with an actual or potential
interest in the Alabama plan
(Administrative Record No. AL–0670).
We did not receive any comments.
daltland on DSKBBV9HB2PROD with RULES
State Historical Preservation Officer
(SHPO) and the Advisory Council on
Historic Preservation (ACHP)
Under 30 CFR 884.14(a)(2), we are
required to request comments from the
SHPO and ACHP on amendments that
may have an effect on historic
properties. On June 27, 2016, we
requested comments on Alabama’s
amendment (Administrative Record No.
AL–0670), but neither the SHPO nor
ACHP responded to our request.
V. OSMRE’s Decision
Based on the above findings, we
approve the revised amendment
Alabama sent us on July 28, 2017
(Administrative Record No. AL–0670–
03).
To implement this decision, we are
amending the Federal regulations at 30
CFR part 901, that codify decisions
concerning the Alabama Plan. In
accordance with the Administrative
VerDate Sep<11>2014
16:09 Jun 21, 2018
Jkt 244001
Procedure Act, this rule will take effect
30 days after the date of publication.
Section 405 of SMCRA requires that
each state with an abandoned mine
reclamation program must have an
approved State regulatory program
pursuant to Section 503 of the Act.
Section 503(a) of the Act 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 Determinations
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 of Executive Order 12988. The
Department determined that this
Federal Register document meets the
criteria of Section 3 of Executive Order
12988, which is intended to ensure that
the agency reviews its legislation and
proposed regulations to eliminate
drafting errors and ambiguity, that the
agency write 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 document and to
changes to the Federal regulations. The
review under this Executive Order did
not extend to the language of the State
AML program or to the Plan amendment
that the State of Alabama 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
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
responsibilities among the various
levels of government.’’ Instead, this rule
approves an amendment to the Alabama
Plan submitted and drafted by that
State. OSMRE reviewed the submission
with fundamental federalism principles
in mind as set forth in Sections 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 plan
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 AML 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 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 rulemaking does not require an
environmental impact statement
because it falls within a categorical
exclusion within the meaning of the
National Environmental Policy Act (42
U.S.C. 4332(2)(C)). It is documented in
the DOI Departmental Manual, 516 DM
13.5(B)(29), that agency decisions on
approval of state reclamation plans for
abandoned mine lands do not constitute
major Federal Actions.
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Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations
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
Original amendment
submission date
BILLING CODE 4310–05–P
DEPARTMENT OF DEFENSE
Department of the Navy
32 CFR Part 736
[Docket ID: USN–2018–HQ–0002]
RIN 0703–AB05
Disposition of Property
Department of the Navy,
Department of Defense.
ACTION: Final rule.
AGENCY:
This final rule removes
Department of the Navy regulations
governing disposition of property,
including surplus real property,
warships, other surface vessels, personal
property, and strategic materials. The
disposal of surplus property is governed
by standing authorities found within the
U.S. Code. Further, disposal of surplus
property is also governed by Department
SUMMARY:
daltland on DSKBBV9HB2PROD with RULES
List of Subjects in 30 CFR Part 901
Intergovernmental relations, Surface
mining, Underground mining.
Dated: May 31, 2018.
Paul Ehret,
Acting Regional Director, Mid-Continent
Region.
For the reasons set out in the
preamble, 30 CFR part 901 is amended
as set forth below:
PART 901—ALABAMA
1. The authority citation for part 901
continues to read as follows:
■
Authority: 30 U.S.C. 1201 et seq.
2. Section 901.25 is amended in the
table by adding a new entry in
chronological order by ‘‘Date of final
publication’’ to read as follows:
■
§ 901.25 Approval of Alabama abandoned
mine land reclamation plan amendments.
*
*
*
*
*
Citation/description
*
*
*
*
*
June 22, 2018 ................................ Abandoned Mine Land Reclamation Plan for the State of Alabama.
[FR Doc. 2018–13434 Filed 6–21–18; 8:45 am]
16:09 Jun 21, 2018
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.
Date of final publication
*
*
June 7, 2016 ..................................
VerDate Sep<11>2014
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.
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
rulemaking.
29001
Jkt 244001
of Defense regulations entitled ‘‘Defense
Material Disposition.’’ Therefore, this
rule can be removed from the CFR.
DATES: This rule is effective on June 22,
2018.
FOR FURTHER INFORMATION CONTACT:
James Omans at 703–614–5848.
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 a duplicative CFR
part.
Removal of this part does not add or
reduce the burden or cost on the public
in any way. The cost of disposal of
surplus property will remain the same
with removal of the part.
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 736
Surplus Government property.
PO 00000
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Fmt 4700
Sfmt 4700
PART 736—[REMOVED]
Accordingly, by the authority of 5
U.S.C. 301, 32 CFR part 736 is removed.
■
Dated: June 12, 2018.
E.K. Baldini,
Lieutenant Commander, Judge Advocate
General’s Corps, U.S. Navy, Federal Register
Liaison Officer.
[FR Doc. 2018–13409 Filed 6–21–18; 8:45 am]
BILLING CODE 3810–FF–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2018–0541]
Drawbridge Operation Regulation;
Cape Fear River, North Carolina,
Wilmington, NC
AGENCY:
E:\FR\FM\22JNR1.SGM
Coast Guard, DHS.
22JNR1
]]>Agencies
[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Rules and Regulations]
[Pages 28996-29001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13434]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 901
[SATS No. AL-080-FOR; Docket ID: OSM-2016-0011; S1D1S SS08011000
SX064A000 189S180110; S2D2S SS08011000 SX064A000 18XS501520]
Alabama Abandoned Mine Land Reclamation Plan
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
[[Page 28997]]
(OSMRE), are approving an amendment to the Alabama Abandoned Mine Land
Reclamation (AMLR) Plan (hereinafter, the Plan) under the Surface
Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Alabama
proposed updates to their Plan with changes required by the 2006
Amendments to SMCRA.
DATES: The effective date is July 23, 2018.
FOR FURTHER INFORMATION CONTACT: William L. Joseph, Acting Director,
Birmingham Field Office, Office of Surface Mining Reclamation and
Enforcement, 135 Gemini Circle, Suite 215, Homewood, Alabama 35209.
Telephone: (205) 290-7282. Email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Alabama Plan
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 Alabama Plan
The Abandoned Mine Land Reclamation Program was established by
Title IV of the Act, (30 U.S.C. 1201 et seq.) in response to concerns
over extensive environmental damage caused by past coal mining
activities. The program is funded by a reclamation fee collected on
each ton of coal that is produced. The money collected is used to
finance the reclamation of abandoned coal mines and for other
authorized activities. Section 405 of the Act 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. Background
information on the Alabama Plan, including the Secretary's findings,
the disposition of comments, and the approval of the Plan, is found in
the May 20, 1982, Federal Register (47 FR 22057). Later actions
concerning the Alabama Plan and amendments to the Plan, are found at 30
CFR 901.20 and 901.25.
II. Submission of the Amendment
By letter dated June 7, 2016 (Administrative Record No. AL-0670),
Alabama sent OSMRE an amendment to its Plan under SMCRA (30 U.S.C. 1201
et seq.) at its own initiative.
We announced receipt of the proposed amendment in the April 7,
2017, Federal Register (82 FR 16975). 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 May 8, 2017. We did not receive any public
comments.
During OSMRE's review, several minor deficiencies were noted,
including section numbering inconsistencies and the lien language in
the ``Reclamation of Private Land'' section. By letter dated July 17,
2017 (Administrative Record No. AL-0670-02), OSMRE requested that
Alabama address these minor deficiencies. Because these requested
changes were minor, Alabama was given the option to either incorporate
the changes or withdraw the amendment and resubmit the Plan amendment
at a later date. By letter dated July 28, 2017 (Administrative Record
No. AL-0670-03), Alabama returned a revised Plan amendment correcting
the deficiencies and the amendment process resumed.
III. OSMRE's Findings
We are approving the amendment as described below. The following
are the findings we made concerning Alabama's amendment under SMCRA and
the Federal regulations at 30 CFR 884.14 and 884.15. 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 Plan
amendment available at www.regulations.gov.
Alabama Reclamation Plan
1. Governor's Letter of Designation [30 CFR 884.13(a)(1)]
Alabama included a 1979 letter from the Governor designating the
Alabama Department of Industrial Relations, now known as the Alabama
Department of Labor (ADOL), as the agency responsible for the abandoned
mine lands reclamation program in the state of Alabama. This letter was
submitted and approved as part of the original proposed reclamation
plan and is consistent with the Federal requirements of 30 CFR
884.13(a)(1). Therefore, we are approving its inclusion.
2. Legal Opinion [30 CFR 884.13(a)(2)]
Alabama included a 1981 legal opinion from the Attorney General of
Alabama authorizing the Alabama Department of Industrial Relations,
under the legal authority of Alabama law, to conduct its reclamation
program in accordance with the requirements of Title IV of the Act.
This legal opinion was submitted and approved as part of the original
proposed reclamation plan and is consistent with the Federal
requirements of 30 CFR 884.13(a)(2). Therefore, we are approving its
inclusion.
3. Purpose, Goals and Objectives [30 CFR 884.13(a)(3)(i)]
Alabama, in section 884.13(a)(3)(i) of the Plan, stated that the
goal of its AMLR Plan is to amend those adverse effects of past coal
mining conducted prior to August 3, 1977, which impact public health,
safety, or general welfare, and cause environmental degradation. The
stated objectives of the AMLR Plan are to identify and prioritize these
adverse impacts, provide planning procedures, and affect their ultimate
reclamation. Alabama also stated that, although the primary purpose of
the program is the reclamation of coal mine lands, any non-coal AML
issues will be dealt with in accordance with OSMRE policies. ADOL
elected to set aside up to the maximum amount allowed by OSMRE of each
year's allocation of AML funds into a separate fund for the abatement
of the causes and treatment of the effects of acid mine drainage. These
funds are used in accordance with all applicable State and Federal
regulations and are used to achieve the priorities of SMCRA. The
program purpose, goals, and objectives are consistent with the Federal
requirements of 30 CFR 884.13(a)(3)(i). Therefore, we are approving
their inclusion.
4. Project Ranking, Selection and Development Procedures [30 CFR
884.13(a)(3)(ii)]
Alabama, in section 884.13(a)(3)(ii) of the Plan, described the
priority system and the specific criteria for identifying and ranking
all sites eligible for reclamation under Title IV of the Act. Examples
of eligible site problems include: Open and unprotected mine entries;
open shafts; hazardous highwalls and other steep embankments; hazardous
mine structures; underground mine subsidence; trash dumps on mine
lands; water bodies adversely affected by coal mine drainage; dangerous
impoundments; and any other mine related danger. The sites given
highest priority are those exhibiting extreme danger to public health,
safety, and property from adverse effects of coal mining practices. The
sites given the second highest priority are those exhibiting adverse
effects of coal mining practices that may impact public health and
safety. The sites given third priority for restoration are those land
and water resources previously degraded by
[[Page 28998]]
adverse effects of coal mining, including measures for the conservation
and development of soil, water, woodland, fish and wildlife,
recreational resources, and agricultural productivity. The three
priority categories described are consistent with Section 403(a) of
SMCRA. Alabama also describes ADOL's data acquisition procedures in
determining site eligibility, which include the review of past mining
records (available in the OSMRE's Abandoned Mine Land Inventory System
(e-AMLIS)), site inventories, field investigations, and public input.
Alabama states that site priority will be determined for all eligible
sites, regardless of resource recovery potential, and that any resource
recovery will be undertaken in accordance with Federal rules. Any
remined sites will remain eligible for AML reclamation. These
descriptions are consistent with the Federal requirements of 30 CFR
884.13(a)(3)(ii). Therefore, we are approving their inclusion.
5. Coordination With Other Programs [30 CFR 884.13(a)(3)(iii)]
Alabama, in section 884.13(a)(3)(iii) of the Plan, described ADOL's
coordination with other agencies. The ADOL AML Program coordinates with
other State divisions such as the Alabama Department of Environmental
Management (ADEM), the State Historic Preservation Office (SHPO), and
the Alabama Department of Conservation and Natural Resources (ADCNR),
to review proposed reclamation projects, provide assistance, and offer
expertise to ensure that reclamation activities restore adversely
impacted land and water to a productive state while protecting natural
and historic/cultural resources. ADOL maintains an annual cooperative
agreement with a non-profit organization, the Walker County Soil and
Water Conservation District Board (WCB), which funds and oversees a
reclamation group that performs reclamation and maintenance on AML
sites and responds to AML emergencies. Historically, several major and
minor tribes occupied Alabama; however, no tribal reservations were
historically or are currently located in the areas where AML
reclamation presently takes place within the Alabama Coal Region.
Consultations concerning potential cultural resource impacts are
conducted through the SHPO's Alabama Historical Commission through the
NEPA review process. Alabama also describes the purpose of its AML
Emergency Program, which is to stabilize the emergency aspects of an
AML problem by eliminating the immediate danger to public health,
safety, or general welfare. The AML Emergency Program is discussed
further in Section 8, ``Rights of Entry.'' This description of agency
coordination is consistent with the Federal requirements of 30 CFR
884.13(a)(3)(iii). Therefore, we are approving its inclusion.
6. Land Acquisition, Management, and Disposal [30 CFR 884.13(a)(3)(iv)]
Alabama, in section 884.13(a)(3)(iv) of the Plan, stated that ADOL
may acquire, manage, and dispose of lands that have been adversely
affected by coal mining activity, if deemed necessary, pursuant to
Section 407 of SMCRA, 30 U.S.C. 1237, and Code of Alabama Section 9-16-
127. These acquisition, management, and disposition policies and
procedures are consistent with the Federal requirements of 30 CFR
884.13(a)(3)(iv). Therefore, we are approving their inclusion.
7. Reclamation of Private Land [30 CFR 884.13(a)(3)(v)]
Alabama, in section 884.13(a)(3)(v) of the Plan, described its
policies and procedures for reclamation on private land. Under its
Plan, the ADOL State Programs Administrator has the authority to place
or waive a lien against private property if the owner has consented to,
participated in, or exercised control over the mining operation, and if
reclamation will result in a significant increase in property value. If
an initial evaluation suggests an increase in property value of $25,000
or more, the land appraisal may be conducted by an independent
appraiser. The Administrator will determine whether to place or waive a
lien based on both the independent appraisal findings and other
relevant facts, in accordance with Code of Alabama Section 9-16-129.
During OSMRE's review, it was noted that this section of the Plan, as
well as the referenced Alabama state law (Code of Alabama Section 9-16-
129), fails to address the full requirements of 30 CFR 882.13(b) in
regard to notifying the landowner of the proposed lien and allowing the
landowner a reasonable time to pay that amount in lieu of filing the
lien. On July 17, 2017 (Administrative Record No. AL-0670-02), OSMRE
requested that Alabama add this lien language to its proposed Plan. On
July 28, 2017, Alabama returned a revised Plan which incorporated the
additional lien language. These revised policies and procedures are
consistent with the Federal requirements of 30 CFR 884.13(a)(3)(v) and
882.13(b). Therefore, we are approving this inclusion.
8. Rights of Entry [30 CFR 884.13(a)(3)(vi)]
Alabama, in section 884.13(a)(3)(vi) and (iii) of the Plan, stated
its policies and procedures regarding rights of entry to lands or
property. Pursuant to Code of Alabama Section 9-16-126, ADOL will take
all reasonable actions to obtain advance written consent from the
property owner for the purposes of reclamation. In the event that
permission cannot be obtained on properties where reclamation is needed
and there is an immediate danger to public health, safety, or general
welfare, police power entry is authorized under the AML Emergency
Program. If police power entry is necessary, a written notice must be
mailed to the property owner at least 30 days prior to entry. If the
property owner's address is not known, the notice must be posted on the
property and advertised in the newspaper. These policies and procedures
are consistent with the Federal requirements of 30 CFR
884.13(a)(3)(vi). Therefore, we are approving their inclusion.
9. Public Participation Policies [30 CFR 884.13(a)(3)(vii)]
Alabama, in section 884.13(a)(3)(vii) of the Plan, described its
public participation policies in the development and operation of its
Plan. The ADOL encourages the public to contact its office with any
questions or concerns regarding mining related problems or the AML
program, or to visit the ADOL Inspections Division Abandoned Mine Lands
Program Office. For future projects, ADOL distributes notifications to
Federal, State, and local elected officials, and publishes public
notices to news outlets within the county where the proposed activity
is located. If sufficient public response is received, a public meeting
may be scheduled to provide information on proposed activities and
address the concerns of the citizens. Additional public involvement in
the preparation of any revisions or amendments to the AML Plan will be
coordinated and executed by OSMRE during the public comment and review
period. These policies and procedures are consistent with the Federal
requirements of 30 CFR 884.13(a)(3)(vii). Therefore, we are approving
their inclusion.
10. Organization of the Designated Agency [30 CFR 884.13(a)(4)(i)]
Alabama, in section 884.13(a)(4)(i) of the Plan, described the
organization of ADOL and its relationship to other State organizations
that may become involved in its reclamation program. ADOL also
[[Page 28999]]
attached an updated organizational chart. The Inspections Division of
ADOL reports to the Commissioner, via the State Programs Administrator.
The Commissioner for ADOL reports directly to the Governor. The ADOL
AML Program also coordinates with other State divisions such as the
ADEM, SHPO, and the ADCNR to review proposed reclamation projects,
provide assistance, and offer expertise to ensure that reclamation
activities restore adversely impacted land and water to a productive
state while protecting natural and historic/cultural resources. This
description of agency organization is consistent with the Federal
requirements of 30 CFR 884.13(a)(4)(i). Therefore, we are approving its
inclusion.
11. Personnel Staffing Policies [30 CFR 884.13(a)(4)(ii)]
Alabama, in section 884.13(a)(4)(ii) of the Plan, described the
personnel staffing policies that will govern the assignment of
personnel to its reclamation program. The program's staff is selected
on the basis of applicable academic and professional experience. ADOL
will be responsible for complying with all pertinent Federal and State
laws. This description of agency personnel policies is consistent with
the Federal requirements of 30 CFR 884.13(a)(4)(ii). Therefore, we are
approving its inclusion.
12. Purchasing and Procurement [30 CFR 884.13(a)(4)(iii)]
Alabama, in section 884.13(a)(4)(iii) of the Plan, stated that the
purchasing and procurement systems used by ADOL will be in accordance
with the requirements of Office of Management and Budget (OMB) Circular
A-102, Attachment 0. Purchasing and procurement program staff is
trained in all applicable State and Federal regulations and larger
transactions are reviewed, if necessary, by the Alabama Department of
Finance, the State Attorney General, the Alabama Department of
Examiners of Public Accounts, and the State Auditor. Alabama also
described its AML Applicant/Violator System (AVS), which ensures that
no company owners, directors, or major shareholders bidding on AML
Federally funded projects have any Federal coal mining violations or
state cessation orders that would render them ineligible. Emergency
program contractors are also required to meet AVS clearance
requirements, unless an overriding need to proceed is determined. These
systems are consistent with the Federal requirements of 30 CFR
884.13(a)(4)(iii). Therefore, we are approving their inclusion.
13. Accounting [30 CFR 884.13(a)(4)(iv)]
Alabama, in section 884.13(a)(4)(iv) of the Plan, described the
ADOL's accounting system, including procedures for the operation of the
State Abandoned Mine Reclamation Fund. The ADOL Finance Division is
responsible for the proper accounting of Federal draws, income, and
expenses, including the maintenance of records for annual audits
conducted by the Alabama Department of Examiners of Public Accounts.
AML projects, including administrative, operational, and construction
costs, are grant-funded and detailed financial records are maintained
for auditing purposes, in accordance with 30 CFR part 886 and OMB
Circular A-102, Attachment 0. This system description is consistent
with the Federal requirements of 30 CFR 884.13(a)(4)(iv). Therefore, we
are approving its inclusion.
14. Eligible Lands and Waters [30 CFR 884.13(a)(5)] [30 CFR
884.13(a)(5)(i)]
Alabama, in section 884.13(a)(5) and (a)(5)(i) of the Plan,
included a list of documents and data sources offering general
descriptions of known or suspected eligible lands and waters within the
State of Alabama which potentially required reclamation at the time of
publication. Alabama also included a list of counties, in order of
significance which have either reported coal mining prior to 1978,
currently have conditions associated with past surface mining
practices, or currently have physical hazards or environmental
conditions associated with past underground mining practices. Alabama
also included a mine map repository showing the general location of
known or suspected eligible lands and waters within the State which
require reclamation. These descriptions are consistent with the Federal
requirements of 30 CFR 884.13(a)(5) and (a)(5)(i). Therefore, we are
approving their inclusion.
15. Environmental Problems and Reclamation Techniques [30 CFR
884.13(a)(5)(ii)] [30 CFR 884.13(a)(5)(iii)]
Alabama, in section 884.13(a)(5) through (a)(5)(iii) of the Plan,
described the problems occurring on known or suspected lands and waters
which require reclamation, including a table expressing the percentage
of total abandoned mine lands affected by each problem or source.
Examples of such problems include: Open shafts and portals; subsidence;
highwalls; abandoned structures and equipment; insect or vermin
vectors; water impoundments; waste banks; mine-related fires; landslide
and flood hazards; pollution of domestic water supplies; erosion;
sedimentation; reduced land potential; and aesthetic disamenities.
Reclamation techniques to restore the site to an environmentally stable
condition will be based on ADOL's site specific assessments, current
industry construction standards, and the reclamation cost estimate
procedures outlined in OSMRE Directive AML-1. These descriptions are
consistent with the Federal requirements of 30 CFR 884.13(a)(5)(ii) and
(iii). Therefore, we are approving their inclusion.
16. The Economic Base [30 CFR 884.13(a)(6)(i)]
Alabama, in section 884.13(a)(6)(i) of the Plan, described the
economic base for the state's primary coal producing region, including
population size, market accessibility, economic activities, such as
agricultural products and manufacturing, and available mining
resources. This description is consistent with the Federal requirements
of 30 CFR 884.13(a)(6)(i). Therefore, we are approving its inclusion.
17. Significant Aesthetic, Historic, and Recreational Values [30 CFR
884.13(a)(6)(ii)]
Alabama, in section 884.13(a)(6)(ii) of the Plan, described the
aesthetic, historic, and recreational values of Alabama. Alabama stated
that, to ensure that all potential impacts of the reclamation process
are mitigated, ADOL's Planning and Maintenance Branch will consult with
the SHPO's Alabama Historical Commission. This statement is consistent
with the Federal requirements of 30 CFR 884.13(a)(6)(ii). Therefore, we
are approving its inclusion.
18. Flora and Fauna of the Northern One-Half of Alabama [30 CFR
884.13(a)(6)(iii)]
Alabama, in section 884.13(a)(6)(iii) of the Plan, stated that,
during the planning stages of proposed AML reclamation projects,
evaluations are conducted by the Planning and Maintenance Branch to
determine the presence of wetlands, endangered species, and other
environmental concerns. Recommendations are provided to enhance or
improve wildlife habitat, and to preserve wetlands and other critical
wildlife habitat during construction. During this process, ADOL
consults with the U.S. Fish and Wildlife
[[Page 29000]]
Service to determine whether the project will adversely affect any
Federally-listed threatened or endangered species and to develop
appropriate mitigation measures and minimize disturbance, if necessary.
ADOL also coordinates with the ADCNR and reviews the Outdoor Alabama
Watchable Wildlife database to determine whether any important natural
features are recorded at or near the proposed reclamation project.
These descriptions are consistent with the Federal requirements of 30
CFR 884.13(a)(6)(iii). Therefore, we are approving their inclusion.
19. Locations of Documented Coal Mines in Alabama [30 CFR
884.13(a)(5)(i)]
Alabama included a mine map repository showing the general location
of known or suspected eligible lands and waters within the State which
require reclamation. This map repository is consistent with the Federal
requirements of 30 CFR 884.13(a)(5)(i). Therefore, we are approving its
inclusion.
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 June 27, 2016, under 30 CFR 884.14(a), we requested comments on
the amendment from various Federal agencies with an actual or potential
interest in the Alabama plan (Administrative Record No. AL-0670). We
did not receive any comments.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Under 30 CFR 884.14(a)(2), we are required to request comments from
the SHPO and ACHP on amendments that may have an effect on historic
properties. On June 27, 2016, we requested comments on Alabama's
amendment (Administrative Record No. AL-0670), but neither the SHPO nor
ACHP responded to our request.
V. OSMRE's Decision
Based on the above findings, we approve the revised amendment
Alabama sent us on July 28, 2017 (Administrative Record No. AL-0670-
03).
To implement this decision, we are amending the Federal regulations
at 30 CFR part 901, that codify decisions concerning the Alabama Plan.
In accordance with the Administrative Procedure Act, this rule will
take effect 30 days after the date of publication. Section 405 of SMCRA
requires that each state with an abandoned mine reclamation program
must have an approved State regulatory program pursuant to Section 503
of the Act. Section 503(a) of the Act 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 Determinations
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 of Executive Order 12988. The Department determined that
this Federal Register document meets the criteria of Section 3 of
Executive Order 12988, which is intended to ensure that the agency
reviews its legislation and proposed regulations to eliminate drafting
errors and ambiguity, that the agency write 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 document
and to changes to the Federal regulations. The review under this
Executive Order did not extend to the language of the State AML program
or to the Plan amendment that the State of Alabama 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 Alabama Plan submitted
and drafted by that State. OSMRE reviewed the submission with
fundamental federalism principles in mind as set forth in Sections 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 plan 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 AML 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 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 rulemaking does not require an environmental impact statement
because it falls within a categorical exclusion within the meaning of
the National Environmental Policy Act (42 U.S.C. 4332(2)(C)). It is
documented in the DOI Departmental Manual, 516 DM 13.5(B)(29), that
agency decisions on approval of state reclamation plans for abandoned
mine lands do not constitute major Federal Actions.
[[Page 29001]]
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. 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 rulemaking.
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 901
Intergovernmental relations, Surface mining, Underground mining.
Dated: May 31, 2018.
Paul Ehret,
Acting Regional Director, Mid-Continent Region.
For the reasons set out in the preamble, 30 CFR part 901 is amended
as set forth below:
PART 901--ALABAMA
0
1. The authority citation for part 901 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
2. Section 901.25 is amended in the table by adding a new entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 901.25 Approval of Alabama abandoned mine land reclamation plan
amendments.
* * * * *
------------------------------------------------------------------------
Original amendment submission Date of final
date publication Citation/description
------------------------------------------------------------------------
* * * * * * *
June 7, 2016.................. June 22, 2018.... Abandoned Mine Land
Reclamation Plan for
the State of
Alabama.
------------------------------------------------------------------------
[FR Doc. 2018-13434 Filed 6-21-18; 8:45 am]
BILLING CODE 4310-05-P
