Acceptable Payment Methods, 8071-8074 [2024-01971]
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Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Rules and Regulations
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order JO 7400.11H,
Airspace Designations and Reporting
Points, dated August 11, 2023, and
effective September 15, 2023, is
amended as follows:
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Paragraph 5000
Class D Airspace.
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ASO FL D
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ASO FL E4
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Jupiter, FL [Removed]
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Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
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ASO FL E5
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Jupiter, FL [Amended]
William P. Gwinn Airport, FL
(Lat. 26°54′29″ N, long. 80°19′42″ W)
That airspace extending upward from 700
feet above the surface within a 7.5-mile
radius of William P. Gwinn Airport.
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Issued in College Park, Georgia, on January
23, 2024.
Andreese C. Davis,
Manager, Airspace & Procedures Team South,
Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2024–01649 Filed 2–5–24; 8:45 am]
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BILLING CODE 4910–13–P
VerDate Sep<11>2014
16:01 Feb 05, 2024
[Docket ID: OSM 2023–0010; S1D1S
SS08011000 SX064A000 245S180110;S2D2S
SS08011000 SX064A000 24XS501520]
RIN 1029–AC25
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Direct final rule.
Paragraph 6004 Class E Airspace
Designated as an Extension to Class D or E
Surface Area.
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30 CFR Part 870
AGENCY:
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Jupiter, FL [Amended]
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Office of Surface Mining Reclamation
and Enforcement
Acceptable Payment Methods
William P. Gwinn Airport, FL
(Lat. 26°54′29″ N, long. 80°19′42″ W)
That airspace extending upward from the
surface to and including 2,500 feet MSL
within a 4.5-mile radius of William P. Gwinn
Airport. This Class D airspace area is
effective during the specific dates and times
established in advance by a Notice to Air
Missions. The effective date and time will
thereafter be continuously published in the
Chart Supplement.
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DEPARTMENT OF THE INTERIOR
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The Office of Surface Mining
Reclamation and Enforcement (OSMRE)
is issuing this direct final rule to amend
its regulations by reducing the threshold
for electronic payment of quarterly
Abandoned Mine Land (AML)
reclamation fees from $25,000 to $500.
On April 30, 2024, the U.S. Department
of the Treasury (Treasury) will close
OSMRE’s lockbox, which is used to
process non-electronic reclamation fee
payments. After April 15, 2024,
quarterly reclamation fees of $500 or
more must be paid by electronic
transfer, while quarterly reclamation
fees of less than $500 may be paid by
electronic transfer or by check or money
order sent to OSMRE’s Division of
Financial Management. By reducing the
threshold for electronic payments,
OSMRE will receive more payments
through electronic funds transfer, which
will expedite and streamline its fee
collection efforts.
DATES: This direct final rule is effective
April 15, 2024, without further notice,
unless OSMRE receives significant
adverse comment by March 7, 2024. If
OSMRE receives a significant adverse
comment that leads it to conclude that
the rule is controversial, OSMRE will
publish a timely withdrawal in the
Federal Register.
ADDRESSES: Send written comments
identified by docket number OSM–
2023–0010 or regulation identifier
number (RIN) 1029–AC25 by the
following method:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments to
docket number OSM–2023–0010.
• U.S. Postal Service or other mail
delivery service: Address comments to
Division of Regulatory Support, Office
of Surface Mining Reclamation and
Enforcement, Department of the Interior,
Attn: James Tyree, 1849 C Street NW,
Mail Stop 4557, Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT:
James Tyree, Chief, Division of
SUMMARY:
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8071
Regulatory Support, (202) 208–4479,
jtyree@osmre.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Direct Final Rulemaking
III. Discussion
IV. Procedural Matters and Required
Determinations
I. Background
Title IV of the Surface Mining Control
and Reclamation Act of 1977 (SMCRA)
(30 U.S.C. 1231–1244) created the
Abandoned Mine Reclamation Fund,
which is funded in part by a
reclamation fee (also known as the
Abandoned Mine Land (AML) fee)
assessed on each ton of coal produced
in the United States, and that, among
other things, provides funding to
eligible States and Tribes for the
reclamation of coal mining sites
abandoned or left in an inadequate
reclamation status as of August 3, 1977.
Section 402(b) of SMCRA (30 U.S.C.
1232(b)) requires coal mine operators
and/or permittees to pay reclamation
fees no later than thirty days after the
end of each calendar quarter.
OSMRE collects these fees from coal
mine operators and/or permittees
through electronic funds transfer and
non-electronic payments. Currently,
coal mine operators and/or permittees
are required to send non-electronic fee
payments to OSMRE’s lockbox in
Pittsburgh, Pennsylvania.
In April 2018, Treasury’s Bureau of
the Fiscal Service published a white
paper titled, ‘‘The Future of Federal
Financial Management,’’ which outlined
an initiative to transform Federal
collections by, among other things,
reducing revenue collection lockboxes
and increasing digitization.
Subsequently, OSMRE received notice
from Treasury’s General Lockbox
Network (GLN) that it intended to close
OSMRE’s lockbox by September 30,
2023, as part of its effort to close all
lockboxes functioning below a
minimum item threshold of 1,000 items.
(OSMRE’s lockbox receives fewer than
400 items annually.) The GLN is a
collection and processing service
provided by certain financial
institutions to help federal government
agencies process paper checks and other
remittance documents (not related to
taxes) that are received through the
mail. To allow time to amend its
regulations, OSMRE requested a lockbox
closure extension until April 30, 2024,
which Treasury approved.
OSMRE is promulgating this direct
final rule pursuant to section 413(a) of
SMCRA (30 U.S.C. 1242(a)), which
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authorizes the Secretary of the Interior
to do all things necessary or expedient,
including promulgation of rules and
regulations, to implement and
administer the provisions of SMCRA
relating to abandoned mine reclamation.
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II. Direct Final Rulemaking
OSMRE is issuing this rule as a direct
final rule. Although the Administrative
Procedure Act (APA, 5 U.S.C. 551–559)
generally requires agencies to engage in
notice and comment rulemaking,
section 553 of the APA provides an
exception when the agency ‘‘for good
cause finds’’ that notice and comment
are ‘‘impracticable, unnecessary, or
contrary to the public interest.’’ Id.
553(b)(B). OSMRE has determined that
notice and comment are unnecessary
because this rule is noncontroversial; of
a minor, technical nature; involves little
agency discretion; and is unlikely to
receive any significant adverse
comments. A significant adverse
comment is one that explains: (1) why
the rule is inappropriate, including
challenges to the rule’s underlying
premise or approach; or (2) why the
direct final rule will be ineffective or
unacceptable without a change. If such
a comment is received, this direct final
rule will be withdrawn. If no such
comment is received, this direct final
rule will become effective on April 15,
2024, without further OSMRE action. A
comment recommending an addition to
the rule will not be considered
significant and adverse unless the
comment explains how this direct final
rule would be ineffective without the
addition.
III. Discussion
OSMRE is amending 30 CFR 870.16
to: (1) reduce the threshold for
electronic payment of quarterly AML
fees; (2) update the instructions for
remitting both electronic and nonelectronic payment; and (3) remove
paragraph (c).
OSMRE is amending 30 CFR 870.16(a)
and (b) to reduce the threshold for
electronic payment of quarterly AML
fees from $25,000 to $500. By reducing
the threshold, OSMRE will receive more
payments through electronic funds
transfer, which will expedite and
streamline its fee collection efforts and
align with Treasury’s initiative to
transform Federal collections. However,
coal mine operators and/or permittees
who owe quarterly AML fees in an
amount below the electronic payment
threshold ($500) may still pay those fees
using non-electronic methods.
In addition, OSMRE is amending 30
CFR 870.16(a)(3) by updating the
instructions for locating the Master
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Entity Number on the OSM–1 form to
read ‘‘Part 1-Block 3’’ instead of ‘‘Part 1Block 4’’ and by revising ‘‘on the wire
message’’ to read ‘‘with the electronic
payment.’’
OSMRE is also amending 30 CFR
870.16(b)(2) by removing the lockbox
address and directing coal mine
operators and/or permittees to send
non-electronic payments to the address
indicated in the ‘‘Instructions for
Completing the OSM–1 Form.’’ Relying
on the ‘‘Instructions for Completing the
OSM–1 Form’’ to communicate the
location where coal mine operators and/
or permittees must send non-electronic
reclamation fee payments will allow
OSMRE to update the location for nonelectronic payments in the future
without requiring OSMRE to further
amend its regulations.
Finally, OSMRE is amending 30 CFR
870.16 by removing paragraph (c),
which explains that payment of
reclamation fees over the electronic
payment threshold by any means other
than electronic funds transfer is a
violation of SMCRA. As SMCRA clearly
requires that coal mine operators and/or
permittees pay reclamation fees and the
Federal regulations clearly prescribe
how those fee payments must be made,
paragraph (c) is unnecessary.
Who is impacted by this rulemaking?
This direct final rule will impact coal
mine operators and/or permittees who
use non-electronic methods to pay the
reclamation fees required under Title IV
of SMCRA. However, ninety-eight
percent (98%) of OSMRE’s total
collections are already paid through
electronic fund transfer mechanisms.
This direct final rule will not affect
those operators and/or permittees.
Why is the effective date of the rule
April 15, 2024?
An effective date of April 15, 2024,
will afford OSMRE the time necessary to
deliver and process payments submitted
to the lockbox before its closure on
April 30, 2024.
What if I send a payment to the lockbox
after April 15, 2024?
OSMRE will continue to process
payments submitted to the lockbox
between April 15 and April 30, 2024.
However, if you submit a payment to
the lockbox after April 30, 2024, it will
be returned to you, and you will be
required to submit payment to the
address indicated in the ‘‘Instructions
for Completing the OSM–1 Form’’ or
through electronic funds transfer. If
your reclamation fees are due and you
fail to submit payment through either of
the acceptable payment methods by the
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due date, your payment will be
considered late and may be subject to
one or more of the actions specified in
30 CFR 870.21.
IV. Procedural Matters and Required
Determinations
Executive Order 12630—Governmental
Actions and Interference With
Constitutionally Protected Property
Rights
This rule does not result in a taking
of private property or otherwise have
regulatory takings implications under
Executive Order 12630. The rule
primarily concerns a new dollar
threshold for electronic payment of
quarterly AML fees; therefore, the rule
will not result in private property being
taken for public use without just
compensation. A takings implication
assessment is not required.
Executive Order 12866—Regulatory
Planning and Review, Executive Order
13563—Improving Regulation and
Regulatory Review and Executive Order
14094—Modernizing Regulatory Review
Executive Order 12866, as amended
by Executive Order 14094, provides that
the Office of Information and Regulatory
Affairs (OIRA) in the Office of
Management and Budget (OMB) will
review all significant rules. OIRA has
determined that this rule is not
significant.
Executive Order 13563 reaffirms the
principles of Executive Order 12866, as
amended by Executive Order 14094,
while calling for improvements in the
Nation’s regulatory system to promote
predictability, reduce uncertainty, and
use the best, most innovative, and least
burdensome tools for achieving
regulatory ends. Executive Order 13563
directs agencies to consider regulatory
approaches that reduce burdens and
maintain flexibility and freedom of
choice for the public where these
approaches are relevant, feasible, and
consistent with regulatory objectives.
Executive Order 13563 emphasizes
further that agencies must base
regulations on the best available science
and that the rulemaking process must
allow for public participation and an
open exchange of ideas. OSMRE
developed this rule in a manner
consistent with these requirements.
Executive Order 12988—Civil Justice
Reform
This direct final rule complies with
the requirements of Executive Order
12988. Among other things, this rule:
(a) Meets the criteria of section 3(a)
requiring that all regulations be
reviewed to eliminate errors and
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ambiguity and be written to minimize
litigation;
(b) Meets the criteria of section 3(b)(2)
requiring that all regulations be written
in clear language and contain clear legal
standards.
Executive Order 13132—Federalism
Under the criteria of section 1 of
Executive Order 13132, this rule does
not have sufficient federalism
implications to warrant the preparation
of a federalism summary impact
statement. This rule will not have
substantial direct effects on the States,
on the relationship between the
National Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government. A federalism
summary impact statement is not
required.
Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
The Department of the Interior strives
to strengthen its government-togovernment relationship with Indian
tribes through a commitment to
consultation with Tribes and
recognition of their right to selfgovernance and Tribal sovereignty.
OSMRE evaluated this direct final rule
under Executive Order 13175 and the
Department’s and OSMRE’s
consultation policies and determined
that it has no substantial direct effects
on Federally recognized Indian tribes
and that consultation under the
Department’s or OSMRE’s Tribal
consultation policies is not required.
The rule merely revises OSMRE’s
regulations to be consistent with
Treasury’s Federal collections initiative
and to remove unnecessary regulatory
language.
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Executive Order 13211—Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This direct final rule is not a
significant energy action as defined in
Executive Order 13211. Therefore, a
Statement of Energy Effects is not
required.
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Paperwork Reduction Act
This rule does not impose any new
information collection burden under the
Paperwork Reduction Act. OMB
previously approved the information
collection activities contained in the
existing regulations and assigned OMB
control number 1029–0063. This rule
does not impose an information
collection burden because OSMRE is
not making any changes to the
information collection requirements.
During routine renewal of the
information collection and before April
15, 2024, OSMRE will update the
‘‘Instructions for Completing the OSM–
1 Form’’ to reflect (1) the new electronic
payment threshold, and (2) the new
mailing address for non-electronic
payments. Additionally, as part of the
renewal, OSMRE will update the
‘‘OSM–1 Form’’ and ‘‘Amended OSM–1
Form’’ to reflect the new mailing
address for non-electronic payments.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA,
5 U.S.C. 601–612) requires an agency to
prepare a regulatory flexibility analysis
for all rules unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. The RFA
applies only to rules for which an
agency is required to first publish a
proposed rule. See 5 U.S.C. 603(a) and
604(a). As OSMRE is not required to
publish a notice of proposed rulemaking
for this direct final rule, the RFA does
not apply.
Congressional Review Act
National Environmental Policy Act
This direct final rule does not
constitute a major Federal action
significantly affecting the quality of the
human environment. A detailed
statement under the National
Environmental Policy Act (NEPA, 42
U.S.C. 4321 et seq.) is not required
because this rule is covered by a
categorical exclusion applicable to
regulatory functions ‘‘that are of an
VerDate Sep<11>2014
administrative, financial, legal,
technical, or procedural nature.’’ 43 CFR
46.210(i). In addition, OSMRE has
determined that this rule does not
involve any of the extraordinary
circumstances listed in 43 CFR 46.215
that would require further analysis
under NEPA.
This rule is not a major rule under the
Congressional Review Act, 5 U.S.C.
804(2). Specifically, the direct final rule:
(a) will not have an annual effect on the
economy of $100 million or more; (b)
will not cause a major increase in costs
or prices for consumers, individual
industries, Federal, State, or local
Government agencies, or geographic
regions; and (c) will not have significant
adverse effects on competition,
employment, investment, productivity,
innovation, or on the ability of United
States-based enterprises to compete
with foreign-based enterprises in
domestic and export markets.
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Unfunded Mandates Reform Act
This rule does not impose an
unfunded mandate on State, local, or
Tribal Governments, or the private
sector, of more than $100 million per
year. The rule does not have a
significant or unique effect on State,
local, or Tribal Governments, or the
private sector. The rule merely revises
OSMRE’s regulations to reduce the
threshold for electronic fee payment and
to remove unnecessary regulatory
language. Therefore, a statement
containing the information required by
the Unfunded Mandates Reform Act (2
U.S.C. 1531 et seq.) is not required.
List of Subjects in 30 CFR Part 870
Abandoned Mine Reclamation
Fund—Fee Collection and Coal
Production Reporting.
Delegation of Signing Authority
The action taken herein is pursuant to
an existing delegation of authority.
Steven H. Feldgus,
Principal Deputy Assistant Secretary, Land
and Minerals Management.
For the reasons stated in the
preamble, the Department of the
Interior, acting through OSMRE, amends
30 CFR part 870 as follows:
PART 870 ABANDONED MINE
RECLAMATION FUND—FEE
COLLECTION AND COAL
PRODUCTION REPORTING
1. The authority citation for part 870
continues to read as follows:
■
Authority: 28 U.S.C. 1746, 30 U.S.C. 1201
et seq., and Pub. L. 105–277, 112 Stat. 2681.
2. Amend § 870.16 by revising
paragraphs (a) and (b) and removing
paragraph (c) to read as follows:
■
§ 870.16
Acceptable payment methods.
(a) If you owe total quarterly
reclamation fees of $500 or more for one
or more mines, you must:
(1) Use an electronic fund transfer
mechanism approved by the U.S.
Department of the Treasury;
(2) Forward payments by electronic
transfer;
(3) Include the applicable Master
Entity No.(s) (Part 1-Block 3 on the
OSM–1 Form), and OSM Document
No.(s) (Part 1-upper right corner of the
OSM–1 Form) with the electronic
payment; and
(4) Use our approved form or
approved electronic form to report coal
tonnage sold, used, or for which
ownership was transferred to the
address indicated in the Instructions for
Completing the OSM–1 Form.
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(b) If you owe less than $500 in
quarterly reclamation fees for one or
more mines, you may:
(1) Forward payments by electronic
transfer in accordance with the
procedures specified in paragraph (a) of
this section; or
(2) Submit a check or money order
payable to the Office of Surface Mining
Reclamation and Enforcement in the
same envelope with the OSM–1 Form to
the address indicated in the Instructions
for Completing the OSM–1 Form.
[FR Doc. 2024–01971 Filed 2–5–24; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2022–0222]
Drawbridge Operation Regulation;
Okeechobee Waterway, Stuart, FL
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Notice of temporary deviation
from regulations; request for comments.
AGENCY:
The Coast Guard is modifying
a temporary deviation from the
operating schedule that governs the
Florida East Coast (FEC) Railroad
Bridge, across the Okeechobee
Waterway (OWW), mile 7.41, at Stuart,
Florida. This modification tests an
alternate temporary deviation to
determine if the updated mobile
application and simplified drawbridge
opening requirements are reliable and
predictable and will meet the reasonable
needs of navigation and competing
modes of transportation given the
increase in railway activity. The Coast
Guard is seeking comments from the
public regarding this deviation.
DATES: This deviation is effective from
12:01 a.m. on February 12, 2024,
through 11:59 p.m. on August 9, 2024.
Comments and related material must
reach the Coast Guard on or before May
6, 2024.
ADDRESSES: You may submit comments
identified by docket number USCG–
2022–0222 using Federal Decision
Making Portal at https://
www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
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SUMMARY:
If
you have questions on this temporary
FOR FURTHER INFORMATION CONTACT:
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16:01 Feb 05, 2024
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deviation, call or email Ms. Jennifer
Zercher, Bridge Management Specialist,
Seventh Coast Guard District; telephone
571–607–5951, email
Jennifer.N.Zercher@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Background, Purpose and Legal Basis
The Florida East Coast (FEC) Railroad
Bridge across the Okeechobee Waterway
(OWW), mile 7.41, at Stuart, Florida, is
a single-leaf bascule bridge with a sixfoot vertical clearance at mean high
water in the closed position. The normal
operating schedule for the bridge is
found in 33 CFR 117.317(c).
On August 11, 2023, the Coast Guard
published a temporary deviation
entitled ‘‘Drawbridge Operation
Regulation; Okeechobee Waterway,
Stuart, FL’’ in the Federal Register (88
FR 54487). That temporary deviation,
effective from 12:01 a.m. on August 15,
2023, through 11:59 p.m. on December
17, 2023, allowed the drawbridge to
operate on a more predictable schedule
due to the significant increase in
railway activity.
On November 7, 2023, the Coast
Guard published a notice reopening the
comment period until November 30,
2023, because service was delayed on
the passenger train (88 FR 76666).
On December 7, 2023, the Coast
Guard published a temporary deviation
modification which extended the
temporary deviation through 12:59 p.m.
on February 11, 2024. This action was
necessary to allow the Coast Guard
sufficient time to review public
comments, while providing continuity
in the operation of the drawbridge to
determine if the temporary deviation
will meet the reasonable needs of
competing modes of transportation or if
an alternate temporary deviation may be
needed (88 FR 85111).
The Coast Guard has determined an
alternate temporary deviation should be
considered based on comments and
feedback from marine industries and the
bridge owner. Of the 216 comments
received, 185 were unrelated to the
temporary deviation and were not taken
into consideration when developing this
alternate temporary deviation. There
were 16 comments received that stated
the temporary deviation does not
provide sufficient time for marine
traffic, but no extenuating information
was given to support that comment. The
remaining comments stated the mobile
application was not reliable as it was
not accurately displaying the status of
the drawbridge. Mariners were unable to
plan for transits as the mobile
application would show the drawbridge
open to navigation, but the bridge was
closed to navigation for the passage of
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rail traffic when mariners arrived at the
bridge. It was discovered the mobile
application was not updated with the
full train schedule for both freight and
passenger rail service. We are testing
this alternate temporary deviation to
determine if the updated mobile
application and simplified drawbridge
opening requirements are reliable and
predictable and will meet the reasonable
need of navigation.
Under this temporary deviation
modification from 12:01 a.m. on
February 12, 2024, through 11:59 p.m.
on August 9, 2024, the FEC Railroad
Bridge will be maintained in the fully
open-to-navigation position, except
during periods when it is closed for the
passage of train traffic, to conduct
inspections, and to perform
maintenance and repairs authorized by
the Coast Guard. However, the bridge
will not be closed for more than 50
consecutive minutes in any given hour
during daytime operations (6 a.m. to 8
p.m.) and for more than 7 total hours
during daytime operations (6 a.m. to 8
p.m.).
Notwithstanding the above paragraph,
the drawbridge will open and remain
open to navigation for a fixed 10-minute
period at the top of each hour from 6
a.m. to 8 p.m.
From 8:01 p.m. until 5:59 a.m. daily,
the drawbridge will remain in the fully
open-to-navigation position, except
during periods when it is closed for the
passage of train traffic, to conduct
inspections, and to perform
maintenance and repairs authorized by
the Coast Guard. The drawbridge will
not be closed more than 60 consecutive
minutes.
If a train is in the track circuit at the
start of a fixed opening period, the
opening may be delayed up to, but not
more than, five minutes. Once the train
has cleared the circuit, the bridge must
open immediately for navigation to
begin the fixed opening period.
The drawbridge will be tended from
6 a.m. to 8 p.m., daily. The bridge
tender will monitor VHF–FM channels
9 and 16 and will provide estimated
times of drawbridge openings and
closures, or any operational information
requested. Operational information will
be provided 24 hours a day by
telephone at (772) 403–1005.
The drawbridge owner will maintain
a mobile application. The drawbridge
owner will publish drawbridge opening
times, and the drawbridge owner will
provide timely updates to schedules,
including but not limited to, impacts
due to emergency circumstances,
inspections, maintenance, and repairs
authorized by the Coast Guard.
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]]>Agencies
[Federal Register Volume 89, Number 25 (Tuesday, February 6, 2024)]
[Rules and Regulations]
[Pages 8071-8074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01971]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 870
[Docket ID: OSM 2023-0010; S1D1S SS08011000 SX064A000 245S180110;S2D2S
SS08011000 SX064A000 24XS501520]
RIN 1029-AC25
Acceptable Payment Methods
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Direct final rule.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement
(OSMRE) is issuing this direct final rule to amend its regulations by
reducing the threshold for electronic payment of quarterly Abandoned
Mine Land (AML) reclamation fees from $25,000 to $500. On April 30,
2024, the U.S. Department of the Treasury (Treasury) will close OSMRE's
lockbox, which is used to process non-electronic reclamation fee
payments. After April 15, 2024, quarterly reclamation fees of $500 or
more must be paid by electronic transfer, while quarterly reclamation
fees of less than $500 may be paid by electronic transfer or by check
or money order sent to OSMRE's Division of Financial Management. By
reducing the threshold for electronic payments, OSMRE will receive more
payments through electronic funds transfer, which will expedite and
streamline its fee collection efforts.
DATES: This direct final rule is effective April 15, 2024, without
further notice, unless OSMRE receives significant adverse comment by
March 7, 2024. If OSMRE receives a significant adverse comment that
leads it to conclude that the rule is controversial, OSMRE will publish
a timely withdrawal in the Federal Register.
ADDRESSES: Send written comments identified by docket number OSM-2023-
0010 or regulation identifier number (RIN) 1029-AC25 by the following
method:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments to docket number OSM-
2023-0010.
U.S. Postal Service or other mail delivery service:
Address comments to Division of Regulatory Support, Office of Surface
Mining Reclamation and Enforcement, Department of the Interior, Attn:
James Tyree, 1849 C Street NW, Mail Stop 4557, Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: James Tyree, Chief, Division of
Regulatory Support, (202) 208-4479, [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Direct Final Rulemaking
III. Discussion
IV. Procedural Matters and Required Determinations
I. Background
Title IV of the Surface Mining Control and Reclamation Act of 1977
(SMCRA) (30 U.S.C. 1231-1244) created the Abandoned Mine Reclamation
Fund, which is funded in part by a reclamation fee (also known as the
Abandoned Mine Land (AML) fee) assessed on each ton of coal produced in
the United States, and that, among other things, provides funding to
eligible States and Tribes for the reclamation of coal mining sites
abandoned or left in an inadequate reclamation status as of August 3,
1977. Section 402(b) of SMCRA (30 U.S.C. 1232(b)) requires coal mine
operators and/or permittees to pay reclamation fees no later than
thirty days after the end of each calendar quarter.
OSMRE collects these fees from coal mine operators and/or
permittees through electronic funds transfer and non-electronic
payments. Currently, coal mine operators and/or permittees are required
to send non-electronic fee payments to OSMRE's lockbox in Pittsburgh,
Pennsylvania.
In April 2018, Treasury's Bureau of the Fiscal Service published a
white paper titled, ``The Future of Federal Financial Management,''
which outlined an initiative to transform Federal collections by, among
other things, reducing revenue collection lockboxes and increasing
digitization. Subsequently, OSMRE received notice from Treasury's
General Lockbox Network (GLN) that it intended to close OSMRE's lockbox
by September 30, 2023, as part of its effort to close all lockboxes
functioning below a minimum item threshold of 1,000 items. (OSMRE's
lockbox receives fewer than 400 items annually.) The GLN is a
collection and processing service provided by certain financial
institutions to help federal government agencies process paper checks
and other remittance documents (not related to taxes) that are received
through the mail. To allow time to amend its regulations, OSMRE
requested a lockbox closure extension until April 30, 2024, which
Treasury approved.
OSMRE is promulgating this direct final rule pursuant to section
413(a) of SMCRA (30 U.S.C. 1242(a)), which
[[Page 8072]]
authorizes the Secretary of the Interior to do all things necessary or
expedient, including promulgation of rules and regulations, to
implement and administer the provisions of SMCRA relating to abandoned
mine reclamation.
II. Direct Final Rulemaking
OSMRE is issuing this rule as a direct final rule. Although the
Administrative Procedure Act (APA, 5 U.S.C. 551-559) generally requires
agencies to engage in notice and comment rulemaking, section 553 of the
APA provides an exception when the agency ``for good cause finds'' that
notice and comment are ``impracticable, unnecessary, or contrary to the
public interest.'' Id. 553(b)(B). OSMRE has determined that notice and
comment are unnecessary because this rule is noncontroversial; of a
minor, technical nature; involves little agency discretion; and is
unlikely to receive any significant adverse comments. A significant
adverse comment is one that explains: (1) why the rule is
inappropriate, including challenges to the rule's underlying premise or
approach; or (2) why the direct final rule will be ineffective or
unacceptable without a change. If such a comment is received, this
direct final rule will be withdrawn. If no such comment is received,
this direct final rule will become effective on April 15, 2024, without
further OSMRE action. A comment recommending an addition to the rule
will not be considered significant and adverse unless the comment
explains how this direct final rule would be ineffective without the
addition.
III. Discussion
OSMRE is amending 30 CFR 870.16 to: (1) reduce the threshold for
electronic payment of quarterly AML fees; (2) update the instructions
for remitting both electronic and non-electronic payment; and (3)
remove paragraph (c).
OSMRE is amending 30 CFR 870.16(a) and (b) to reduce the threshold
for electronic payment of quarterly AML fees from $25,000 to $500. By
reducing the threshold, OSMRE will receive more payments through
electronic funds transfer, which will expedite and streamline its fee
collection efforts and align with Treasury's initiative to transform
Federal collections. However, coal mine operators and/or permittees who
owe quarterly AML fees in an amount below the electronic payment
threshold ($500) may still pay those fees using non-electronic methods.
In addition, OSMRE is amending 30 CFR 870.16(a)(3) by updating the
instructions for locating the Master Entity Number on the OSM-1 form to
read ``Part 1-Block 3'' instead of ``Part 1-Block 4'' and by revising
``on the wire message'' to read ``with the electronic payment.''
OSMRE is also amending 30 CFR 870.16(b)(2) by removing the lockbox
address and directing coal mine operators and/or permittees to send
non-electronic payments to the address indicated in the ``Instructions
for Completing the OSM-1 Form.'' Relying on the ``Instructions for
Completing the OSM-1 Form'' to communicate the location where coal mine
operators and/or permittees must send non-electronic reclamation fee
payments will allow OSMRE to update the location for non-electronic
payments in the future without requiring OSMRE to further amend its
regulations.
Finally, OSMRE is amending 30 CFR 870.16 by removing paragraph (c),
which explains that payment of reclamation fees over the electronic
payment threshold by any means other than electronic funds transfer is
a violation of SMCRA. As SMCRA clearly requires that coal mine
operators and/or permittees pay reclamation fees and the Federal
regulations clearly prescribe how those fee payments must be made,
paragraph (c) is unnecessary.
Who is impacted by this rulemaking?
This direct final rule will impact coal mine operators and/or
permittees who use non-electronic methods to pay the reclamation fees
required under Title IV of SMCRA. However, ninety-eight percent (98%)
of OSMRE's total collections are already paid through electronic fund
transfer mechanisms. This direct final rule will not affect those
operators and/or permittees.
Why is the effective date of the rule April 15, 2024?
An effective date of April 15, 2024, will afford OSMRE the time
necessary to deliver and process payments submitted to the lockbox
before its closure on April 30, 2024.
What if I send a payment to the lockbox after April 15, 2024?
OSMRE will continue to process payments submitted to the lockbox
between April 15 and April 30, 2024. However, if you submit a payment
to the lockbox after April 30, 2024, it will be returned to you, and
you will be required to submit payment to the address indicated in the
``Instructions for Completing the OSM-1 Form'' or through electronic
funds transfer. If your reclamation fees are due and you fail to submit
payment through either of the acceptable payment methods by the due
date, your payment will be considered late and may be subject to one or
more of the actions specified in 30 CFR 870.21.
IV. Procedural Matters and Required Determinations
Executive Order 12630--Governmental Actions and Interference With
Constitutionally Protected Property Rights
This rule does not result in a taking of private property or
otherwise have regulatory takings implications under Executive Order
12630. The rule primarily concerns a new dollar threshold for
electronic payment of quarterly AML fees; therefore, the rule will not
result in private property being taken for public use without just
compensation. A takings implication assessment is not required.
Executive Order 12866--Regulatory Planning and Review, Executive Order
13563--Improving Regulation and Regulatory Review and Executive Order
14094--Modernizing Regulatory Review
Executive Order 12866, as amended by Executive Order 14094,
provides that the Office of Information and Regulatory Affairs (OIRA)
in the Office of Management and Budget (OMB) will review all
significant rules. OIRA has determined that this rule is not
significant.
Executive Order 13563 reaffirms the principles of Executive Order
12866, as amended by Executive Order 14094, while calling for
improvements in the Nation's regulatory system to promote
predictability, reduce uncertainty, and use the best, most innovative,
and least burdensome tools for achieving regulatory ends. Executive
Order 13563 directs agencies to consider regulatory approaches that
reduce burdens and maintain flexibility and freedom of choice for the
public where these approaches are relevant, feasible, and consistent
with regulatory objectives. Executive Order 13563 emphasizes further
that agencies must base regulations on the best available science and
that the rulemaking process must allow for public participation and an
open exchange of ideas. OSMRE developed this rule in a manner
consistent with these requirements.
Executive Order 12988--Civil Justice Reform
This direct final rule complies with the requirements of Executive
Order 12988. Among other things, this rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and
[[Page 8073]]
ambiguity and be written to minimize litigation;
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Executive Order 13132--Federalism
Under the criteria of section 1 of Executive Order 13132, this rule
does not have sufficient federalism implications to warrant the
preparation of a federalism summary impact statement. This rule will
not have substantial direct effects on the States, on the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government. A
federalism summary impact statement is not required.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian tribes through a
commitment to consultation with Tribes and recognition of their right
to self-governance and Tribal sovereignty. OSMRE evaluated this direct
final rule under Executive Order 13175 and the Department's and OSMRE's
consultation policies and determined that it has no substantial direct
effects on Federally recognized Indian tribes and that consultation
under the Department's or OSMRE's Tribal consultation policies is not
required. The rule merely revises OSMRE's regulations to be consistent
with Treasury's Federal collections initiative and to remove
unnecessary regulatory language.
Executive Order 13211--Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This direct final rule is not a significant energy action as
defined in Executive Order 13211. Therefore, a Statement of Energy
Effects is not required.
National Environmental Policy Act
This direct final rule does not constitute a major Federal action
significantly affecting the quality of the human environment. A
detailed statement under the National Environmental Policy Act (NEPA,
42 U.S.C. 4321 et seq.) is not required because this rule is covered by
a categorical exclusion applicable to regulatory functions ``that are
of an administrative, financial, legal, technical, or procedural
nature.'' 43 CFR 46.210(i). In addition, OSMRE has determined that this
rule does not involve any of the extraordinary circumstances listed in
43 CFR 46.215 that would require further analysis under NEPA.
Paperwork Reduction Act
This rule does not impose any new information collection burden
under the Paperwork Reduction Act. OMB previously approved the
information collection activities contained in the existing regulations
and assigned OMB control number 1029-0063. This rule does not impose an
information collection burden because OSMRE is not making any changes
to the information collection requirements. During routine renewal of
the information collection and before April 15, 2024, OSMRE will update
the ``Instructions for Completing the OSM-1 Form'' to reflect (1) the
new electronic payment threshold, and (2) the new mailing address for
non-electronic payments. Additionally, as part of the renewal, OSMRE
will update the ``OSM-1 Form'' and ``Amended OSM-1 Form'' to reflect
the new mailing address for non-electronic payments.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA, 5 U.S.C. 601-612) requires an
agency to prepare a regulatory flexibility analysis for all rules
unless the agency certifies that the rule will not have a significant
economic impact on a substantial number of small entities. The RFA
applies only to rules for which an agency is required to first publish
a proposed rule. See 5 U.S.C. 603(a) and 604(a). As OSMRE is not
required to publish a notice of proposed rulemaking for this direct
final rule, the RFA does not apply.
Congressional Review Act
This rule is not a major rule under the Congressional Review Act, 5
U.S.C. 804(2). Specifically, the direct final rule: (a) will not have
an annual effect on the economy of $100 million or more; (b) will not
cause a major increase in costs or prices for consumers, individual
industries, Federal, State, or local Government agencies, or geographic
regions; and (c) will not have significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based enterprises to compete with foreign-
based enterprises in domestic and export markets.
Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
Tribal Governments, or the private sector, of more than $100 million
per year. The rule does not have a significant or unique effect on
State, local, or Tribal Governments, or the private sector. The rule
merely revises OSMRE's regulations to reduce the threshold for
electronic fee payment and to remove unnecessary regulatory language.
Therefore, a statement containing the information required by the
Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required.
List of Subjects in 30 CFR Part 870
Abandoned Mine Reclamation Fund--Fee Collection and Coal Production
Reporting.
Delegation of Signing Authority
The action taken herein is pursuant to an existing delegation of
authority.
Steven H. Feldgus,
Principal Deputy Assistant Secretary, Land and Minerals Management.
For the reasons stated in the preamble, the Department of the
Interior, acting through OSMRE, amends 30 CFR part 870 as follows:
PART 870 ABANDONED MINE RECLAMATION FUND--FEE COLLECTION AND COAL
PRODUCTION REPORTING
0
1. The authority citation for part 870 continues to read as follows:
Authority: 28 U.S.C. 1746, 30 U.S.C. 1201 et seq., and Pub. L.
105-277, 112 Stat. 2681.
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2. Amend Sec. 870.16 by revising paragraphs (a) and (b) and removing
paragraph (c) to read as follows:
Sec. 870.16 Acceptable payment methods.
(a) If you owe total quarterly reclamation fees of $500 or more for
one or more mines, you must:
(1) Use an electronic fund transfer mechanism approved by the U.S.
Department of the Treasury;
(2) Forward payments by electronic transfer;
(3) Include the applicable Master Entity No.(s) (Part 1-Block 3 on
the OSM-1 Form), and OSM Document No.(s) (Part 1-upper right corner of
the OSM-1 Form) with the electronic payment; and
(4) Use our approved form or approved electronic form to report
coal tonnage sold, used, or for which ownership was transferred to the
address indicated in the Instructions for Completing the OSM-1 Form.
[[Page 8074]]
(b) If you owe less than $500 in quarterly reclamation fees for one
or more mines, you may:
(1) Forward payments by electronic transfer in accordance with the
procedures specified in paragraph (a) of this section; or
(2) Submit a check or money order payable to the Office of Surface
Mining Reclamation and Enforcement in the same envelope with the OSM-1
Form to the address indicated in the Instructions for Completing the
OSM-1 Form.
[FR Doc. 2024-01971 Filed 2-5-24; 8:45 am]
BILLING CODE 4310-05-P
