Pennsylvania Regulatory Program, 66989-66991 [2024-18512]
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Federal Register / Vol. 89, No. 160 / Monday, August 19, 2024 / Rules and Regulations
section of this document. These
amendments will be published in the
next update to FAA Order JO 7400.11.
FAA Order JO 7400.11H lists Class A, B,
C, D, and E airspace areas, air traffic
service routes, and reporting points.
The Rule
This amendment to 14 CFR part 71
removes Class E airspace extending
upward from 700 feet above the surface
at Manchester Boston Regional Airport,
Manchester, NH, as the overlying Class
C airspace deems the Class E surface
airspace unnecessary. Controlled
airspace is necessary for the safety and
management of instrument flight rules
(IFR) operations in the area.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore: (1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
Regulatory Evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this proposed rule,
when promulgated, will not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant the preparation of an
environmental assessment.
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Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
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PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
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 Federal Aviation
Administration Order JO 7400.11H,
Airspace Designations and Reporting
Points, dated August 11, 2023, and
effective September 15, 2023, is
amended as follows:
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
ANE NH E2
[Removed]
*
*
*
*
Manchester, NH
*
*
*
Issued in College Park, Georgia, on August
13, 2024.
Patrick Young,
Manager, Airspace & Procedures Team North,
Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2024–18435 Filed 8–16–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 938
[SATS No. PA–175–FOR; Docket ID: OSM–
2022–0003; S1D1S SS08011000 SX064A000
245S180110; S2D2S SS08011000
SX064A000 24XS501520]
Pennsylvania Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule.
AGENCY:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSMRE), are removing our disapproval
of two provisions of the Pennsylvania
regulatory program (the Pennsylvania
program) that we have previously
addressed, but which remained codified
in the Code of Federal Regulations
(CFR). The disapprovals are no longer
necessary because Pennsylvania
subsequently submitted and obtained
OSMRE approval of revised regulations.
DATES: Effective August 19, 2024.
FOR FURTHER INFORMATION CONTACT: Ben
Owens, Acting Field Office Director,
SUMMARY:
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66989
Pittsburgh Field Office, Office of Surface
Mining Reclamation and Enforcement, 3
Parkway Center, Pittsburgh, PA 15220,
Telephone: (412) 937–2827, Email:
bowens@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Discussion of Final Rule
II. Statutory and Executive Order Reviews
I. Discussion of Final Rule
By letter dated March 7, 2022 (SATS
No. PA–175–FOR; Administrative
Record No. OSM–2022–0003),
Pennsylvania requested that we remove
our previous disapprovals at 30 CFR
938.12(e)(1) and (2), which disapproved
proposed 2006 revisions to
Pennsylvania’s regulations at Title 25 of
the Pennsylvania Code (Pa. Code)
86.17(e) and 86.283(c). Pennsylvania
believes that removal of the
disapprovals will clarify that the
deficiencies noted in the CFR were
resolved and that no further action by
Pennsylvania is required.
On May 23, 2006, Pennsylvania sent
us an amendment to revise its program
regulations at Title 25 of the Pa. Code
(SATS No. PA–147–FOR;
Administrative Record No. PA 793.11)
in response to five required program
amendments. See 72 FR 19117 (Apr. 17,
2007). The proposed amendment also
included four additional changes, which
were made at Pennsylvania’s own
initiative. Two of the four additional
changes that Pennsylvania proposed
concerned money received from
reclamation fees intended to
supplement funding for the reclamation
bond pool that supported its Alternative
Bonding System (ABS). Pennsylvania
contended that there was no longer a
basis for maintaining the reclamation
fee because the State had discontinued
its ABS and revised its bonding
regulations to require that all mine
permits post a full-cost reclamation
bond. Pennsylvania submitted a request
to discontinue the collection of the $100
per acre reclamation fee authorized
under 25 Pa. Code 86.17(e) by proposing
the following sentence: ‘‘This fee shall
not be required after (effective date of
this rulemaking).’’
Pennsylvania also proposed to amend
Title 25 of the Pennsylvania Code by
removing section 86.283(c) because it
referenced the reclamation fee in
relation to mine operators approved to
participate in the remining financial
guarantees program. Pennsylvania
submitted the amendment to create
consistency with the proposed
amendment to section 86.17(e) that
would delete the reclamation fee.
While we approved the other
requested changes related to PA–147–
FOR, we deferred our decision on the
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66990
Federal Register / Vol. 89, No. 160 / Monday, August 19, 2024 / Rules and Regulations
two changes pertaining to the
discontinuation of a $100 per acre
reclamation fee. We deferred our
decision because aspects of
Pennsylvania’s decision to eliminate its
ABS in favor of a conventional, or ‘‘fullcost,’’ bonding system had been
challenged, and the matter was pending
before the United States Court of
Appeals for the Third Circuit in
Pennsylvania Federation of Sportsmen’s
Clubs v. Kempthorne, 497 F.3d 337 (3d
Cir. 2007). The Third Circuit in
Kempthorne set aside our decision to
rescind a requirement that we imposed
on Pennsylvania in 1991, which had
required Pennsylvania to submit
information sufficient to demonstrate
that the revenues generated by the
collection of the reclamation fee under
25 Pa. Code 86.17(e) would assure that
the State’s bond pool fund satisfied our
bonding requirements at 30 CFR
800.11(e). Following the Kempthorne
decision, we disapproved
Pennsylvania’s proposed deletion of the
reclamation fee under 25 Pa. Code
86.17(e) and related reference in 25 Pa.
Code 86.283(c), see 73 FR 38918 (July 8,
2008), and reinserted the 1991 required
amendment at 30 CFR 938.16(h), see 74
FR 12265 (Mar. 24, 2009).
Likewise, Pennsylvania revised its
program to comply with the Third
Circuit’s judgment in Kempthorne. On
August 1, 2008, Pennsylvania submitted
a number of revisions that, among other
things, retained the reclamation fee
under 25 Pa. Code 86.17(e), making it
adjustable on an annual basis in lieu of
a fixed $100 per acre fee, and retained
the related reference in 25 Pa. Code
86.283(c). On August 10, 2010, we
approved Pennsylvania’s revision to 25
Pa. Code 86.17(e) and retention of 25 Pa.
Code 86.283(c). See 75 FR 48526 (Aug.
10, 2010). The 2010 approval resolved
our initial disapproval of Pennsylvania’s
proposed elimination of the reclamation
fee. It also meant that the disapprovals
at 30 CFR 938.12(e)(1) and (2) became
moot. At Pennsylvania’s request, we are
removing 30 CFR 938.12(e)(1) and (2) in
this final rule.
This final rule, which removes our
disapproval of Pennsylvania’s 2006
proposed amendment, does not entail
any new substantive decisions on this or
any other part of the Pennsylvania
program, nor does it alter the terms of
any of our prior decisions.
Pennsylvania’s letter of March 7, 2022,
confirms that the state has implemented
and will continue to implement 25 Pa.
Code 86.17(e) and 25 Pa. Code 86.283(c)
of its regulations in a manner consistent
with our 2010 approval of the 2008
amendment.
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II. Statutory and Executive Order
Reviews
Administrative Procedure Act
We are publishing this final rule
without prior public notice or
opportunity for public comment. The
Administrative Procedure Act, 5 U.S.C.
533, provides an exception to notice and
comment requirements when an agency
finds that there is good cause for
dispensing with notice and comment
procedures on the basis that they are
impracticable, unnecessary, or contrary
to the public interest. We have
determined that under 5 U.S.C.
553(b)(3)(B), good cause exists for
dispensing with the notice of proposed
rulemaking and public comment
procedures for this rule.
Specifically, we have determined that
notice and comment is unnecessary for
this rule because it is nonsubstantiative. As discussed above, this
rule removes provisions concerning
now-moot state program disapprovals
for Pennsylvania that remained codified
at 30 CFR 938.12(e). This rule neither
imposes new regulatory requirements
nor removes any existing regulatory
requirements.
For the same reasons, we find that
good cause exists under 5 U.S.C.
533(d)(3) to have the regulation become
effective on a date that is less than 30
days after the date of publication in the
Federal Register.
Executive Order 12630—Governmental
Actions and Interference With
Constitutionally Protected Property
Rights
This rule would not effect a taking of
private property or otherwise have
taking implications that would result in
private property being taken for
government use without just
compensation under the law. Therefore,
a takings implication assessment is not
required. This determination is based on
the nature of this rule, in which we do
not make any substantive decision.
Executive Orders 12866—Regulatory
Planning and Review and 13563—
Improving Regulation and Regulatory
Review, and 14094—Modernizing
Regulatory Review
Executive Order 12866, as amended
by Executive Order 14094, provides that
the Office of Information and Regulatory
Affairs in the Office of Management and
Budget (OMB) will review all significant
rules. Pursuant to OMB guidance (OMB
Memo M–94–3), dated October 12, 1993,
the approval of State program
amendments is exempted from OMB
review under Executive Order 12866, as
amended by Executive Order 14094.
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Executive Order 13563, which reaffirms
and supplements Executive Order
12866, retains this exemption.
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 review 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.
Executive Order 13132—Federalism
This rule has no potential Federalism
implications as defined under section
1(a) of Executive Order 13132.
Executive Order 13132 directs agencies
to ‘‘grant the States the maximum
administrative discretion possible’’ with
respect to Federal statutes and
regulations administered by the States.
Pennsylvania, through its approved
regulatory program, implements and
administers SMCRA and its
implementing regulations at the State
level. This rule only corrects the CFR to
reflect our prior disapprovals of the
Pennsylvania program submitted and
drafted by the State, and thus, has no
effect on the maximum administrative
discretion we are directed to give to
States.
Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
The Department of the Interior strives
to strengthen its government-togovernment relationship with Tribes
through a commitment to consultation
with Tribes and recognition of their
right to self-governance and tribal
sovereignty. We have evaluated this rule
under the Department’s consultation
policy and under the criteria in
Executive Order 13175 and have
determined that it has no substantial
direct effects on the distribution of
power and responsibilities between the
Federal Government and Tribes. The
basis for this determination is that our
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Federal Register / Vol. 89, No. 160 / Monday, August 19, 2024 / Rules and Regulations
decision on the Pennsylvania program
does not include Indian lands as
defined by SMCRA or other Tribal lands
and it does not affect the regulation of
activities on Indian lands or other Tribal
lands. Indian lands under SMCRA are
regulated independently under the
applicable Federal Indian program. The
Department’s consultation policy also
acknowledges that our rules may have
Tribal implications where the state
proposing the amendment encompasses
ancestral lands in areas with minable
coal. We are currently working to
identify and engage appropriate Tribal
stakeholders to devise a constructive
approach for consulting on these
amendments.
Executive Order 13211—Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
Executive Order 13211 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
significant energy action under the
definition in Executive Order 13211, a
Statement of Energy Effects is not
required.
National Environmental Policy Act
Consistent with sections 501(a) and
702(d) of SMCRA (30 U.S.C. 1251(a) and
1292(d), respectively) and the U.S.
Department of the Interior Departmental
Manual, part 516, section 13.5(A), State
program amendments are not major
Federal actions within the meaning of
section 102(2)(C) of the National
Environmental Policy Act (42 U.S.C.
4332(2)(C)).
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Paperwork Reduction Act
This rule does not include requests
and requirements of an individual,
partnership, or corporation to obtain
information and report it to a Federal
agency. As this rule does not contain
information collection requirements, a
submission to the Office of Management
and Budget under the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.)
is not required.
Regulatory Flexibility Act
This rule will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). The State submittal, which is
the subject of this rule, requests that we
correct the CFR to accurately reflect our
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prior approval of parts of the
Pennsylvania program, and therefore,
would not have a significant economic
effect upon a substantial number of
small entities.
Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule: (a) 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 on the nature of
this rule, in which we do not make any
substantive decision.
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. This
determination is based on the nature of
this rule, in which we do not make any
substantive decision. 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 938
Intergovernmental relations, Surface
mining, Underground mining.
Thomas D. Shope,
Regional Director, North Atlantic—
Appalachian Region.
For the reasons set out in the
preamble, 30 CFR part 938 is amended
as set forth below:
PART 938—PENNSYLVANIA
1. The authority citation for part 938
continues to read as follows:
■
Authority: 30 U.S.C. 1201 et seq.
§ 938.12
Amended]
2. In § 938.12, remove paragraph (e)
and redesignate paragraph (f) as
paragraph (e).
■
[FR Doc. 2024–18512 Filed 8–16–24; 8:45 am]
BILLING CODE 4310–05–P
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66991
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 21
RIN 2900–AQ99
Bar to Approval
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is amending its regulations
that govern VA’s administration of
educational assistance programs to
implement a provision of the Veterans
Benefits and Transition Act of 2018,
which requires a State Approving
Agency (SAA), or the Secretary of
Veterans Affairs (when acting as the
SAA), to disapprove programs of
education provided by educational
institutions that do not permit
individuals using benefits under certain
VA educational assistance programs to
attend or participate in courses while
awaiting payment from VA or that
impose a penalty on an individual for
failure to meet financial obligations due
to a delayed VA payment. VA is also
implementing a provision that allows
educational institutions to require a
claimant using educational benefits to
submit certain documents and to pay
certain fees or charges if VA delays
payment and ultimately pays less than
what an educational institution
anticipated receiving.
DATES:
Effective date: This rule is effective
September 18, 2024.
Applicability date: The provisions of
this final rule shall apply to all terms
that began on or after August 1, 2019.
FOR FURTHER INFORMATION CONTACT:
Thomas Alphonso, Assistant Director,
Policy and Procedures, Education
Service, Department of Veterans Affairs,
810 Vermont Avenue NW, Washington,
DC 20420, (202) 461–9800. (This is not
a toll-free number.)
SUPPLEMENTARY INFORMATION: On
February 27, 2023, VA published a
proposed rule in the Federal Register at
88 FR 12293 to amend its regulations to
require an SAA, or the Secretary of
Veterans Affairs when acting as an SAA,
to disapprove programs of education
that do not permit individuals using
benefits under either Chapter 31 or
Chapter 33 to attend or participate in
courses while awaiting payment from
VA, and to implement other provisions
of the Veterans Benefits and Transition
Act of 2018, Public Law 115–407. The
60-day comment period ended on April
28, 2023.
VA received comments from five
commenters in response to the proposed
SUMMARY:
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]]>Agencies
[Federal Register Volume 89, Number 160 (Monday, August 19, 2024)]
[Rules and Regulations]
[Pages 66989-66991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18512]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 938
[SATS No. PA-175-FOR; Docket ID: OSM-2022-0003; S1D1S SS08011000
SX064A000 245S180110; S2D2S SS08011000 SX064A000 24XS501520]
Pennsylvania Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are removing our disapproval of two provisions of the
Pennsylvania regulatory program (the Pennsylvania program) that we have
previously addressed, but which remained codified in the Code of
Federal Regulations (CFR). The disapprovals are no longer necessary
because Pennsylvania subsequently submitted and obtained OSMRE approval
of revised regulations.
DATES: Effective August 19, 2024.
FOR FURTHER INFORMATION CONTACT: Ben Owens, Acting Field Office
Director, Pittsburgh Field Office, Office of Surface Mining Reclamation
and Enforcement, 3 Parkway Center, Pittsburgh, PA 15220, Telephone:
(412) 937-2827, Email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Discussion of Final Rule
II. Statutory and Executive Order Reviews
I. Discussion of Final Rule
By letter dated March 7, 2022 (SATS No. PA-175-FOR; Administrative
Record No. OSM-2022-0003), Pennsylvania requested that we remove our
previous disapprovals at 30 CFR 938.12(e)(1) and (2), which disapproved
proposed 2006 revisions to Pennsylvania's regulations at Title 25 of
the Pennsylvania Code (Pa. Code) 86.17(e) and 86.283(c). Pennsylvania
believes that removal of the disapprovals will clarify that the
deficiencies noted in the CFR were resolved and that no further action
by Pennsylvania is required.
On May 23, 2006, Pennsylvania sent us an amendment to revise its
program regulations at Title 25 of the Pa. Code (SATS No. PA-147-FOR;
Administrative Record No. PA 793.11) in response to five required
program amendments. See 72 FR 19117 (Apr. 17, 2007). The proposed
amendment also included four additional changes, which were made at
Pennsylvania's own initiative. Two of the four additional changes that
Pennsylvania proposed concerned money received from reclamation fees
intended to supplement funding for the reclamation bond pool that
supported its Alternative Bonding System (ABS). Pennsylvania contended
that there was no longer a basis for maintaining the reclamation fee
because the State had discontinued its ABS and revised its bonding
regulations to require that all mine permits post a full-cost
reclamation bond. Pennsylvania submitted a request to discontinue the
collection of the $100 per acre reclamation fee authorized under 25 Pa.
Code 86.17(e) by proposing the following sentence: ``This fee shall not
be required after (effective date of this rulemaking).''
Pennsylvania also proposed to amend Title 25 of the Pennsylvania
Code by removing section 86.283(c) because it referenced the
reclamation fee in relation to mine operators approved to participate
in the remining financial guarantees program. Pennsylvania submitted
the amendment to create consistency with the proposed amendment to
section 86.17(e) that would delete the reclamation fee.
While we approved the other requested changes related to PA-147-
FOR, we deferred our decision on the
[[Page 66990]]
two changes pertaining to the discontinuation of a $100 per acre
reclamation fee. We deferred our decision because aspects of
Pennsylvania's decision to eliminate its ABS in favor of a
conventional, or ``full-cost,'' bonding system had been challenged, and
the matter was pending before the United States Court of Appeals for
the Third Circuit in Pennsylvania Federation of Sportsmen's Clubs v.
Kempthorne, 497 F.3d 337 (3d Cir. 2007). The Third Circuit in
Kempthorne set aside our decision to rescind a requirement that we
imposed on Pennsylvania in 1991, which had required Pennsylvania to
submit information sufficient to demonstrate that the revenues
generated by the collection of the reclamation fee under 25 Pa. Code
86.17(e) would assure that the State's bond pool fund satisfied our
bonding requirements at 30 CFR 800.11(e). Following the Kempthorne
decision, we disapproved Pennsylvania's proposed deletion of the
reclamation fee under 25 Pa. Code 86.17(e) and related reference in 25
Pa. Code 86.283(c), see 73 FR 38918 (July 8, 2008), and reinserted the
1991 required amendment at 30 CFR 938.16(h), see 74 FR 12265 (Mar. 24,
2009).
Likewise, Pennsylvania revised its program to comply with the Third
Circuit's judgment in Kempthorne. On August 1, 2008, Pennsylvania
submitted a number of revisions that, among other things, retained the
reclamation fee under 25 Pa. Code 86.17(e), making it adjustable on an
annual basis in lieu of a fixed $100 per acre fee, and retained the
related reference in 25 Pa. Code 86.283(c). On August 10, 2010, we
approved Pennsylvania's revision to 25 Pa. Code 86.17(e) and retention
of 25 Pa. Code 86.283(c). See 75 FR 48526 (Aug. 10, 2010). The 2010
approval resolved our initial disapproval of Pennsylvania's proposed
elimination of the reclamation fee. It also meant that the disapprovals
at 30 CFR 938.12(e)(1) and (2) became moot. At Pennsylvania's request,
we are removing 30 CFR 938.12(e)(1) and (2) in this final rule.
This final rule, which removes our disapproval of Pennsylvania's
2006 proposed amendment, does not entail any new substantive decisions
on this or any other part of the Pennsylvania program, nor does it
alter the terms of any of our prior decisions. Pennsylvania's letter of
March 7, 2022, confirms that the state has implemented and will
continue to implement 25 Pa. Code 86.17(e) and 25 Pa. Code 86.283(c) of
its regulations in a manner consistent with our 2010 approval of the
2008 amendment.
II. Statutory and Executive Order Reviews
Administrative Procedure Act
We are publishing this final rule without prior public notice or
opportunity for public comment. The Administrative Procedure Act, 5
U.S.C. 533, provides an exception to notice and comment requirements
when an agency finds that there is good cause for dispensing with
notice and comment procedures on the basis that they are impracticable,
unnecessary, or contrary to the public interest. We have determined
that under 5 U.S.C. 553(b)(3)(B), good cause exists for dispensing with
the notice of proposed rulemaking and public comment procedures for
this rule.
Specifically, we have determined that notice and comment is
unnecessary for this rule because it is non-substantiative. As
discussed above, this rule removes provisions concerning now-moot state
program disapprovals for Pennsylvania that remained codified at 30 CFR
938.12(e). This rule neither imposes new regulatory requirements nor
removes any existing regulatory requirements.
For the same reasons, we find that good cause exists under 5 U.S.C.
533(d)(3) to have the regulation become effective on a date that is
less than 30 days after the date of publication in the Federal
Register.
Executive Order 12630--Governmental Actions and Interference With
Constitutionally Protected Property Rights
This rule would not effect a taking of private property or
otherwise have taking implications that would result in private
property being taken for government use without just compensation under
the law. Therefore, a takings implication assessment is not required.
This determination is based on the nature of this rule, in which we do
not make any substantive decision.
Executive Orders 12866--Regulatory Planning and Review and 13563--
Improving Regulation and Regulatory Review, and 14094--Modernizing
Regulatory Review
Executive Order 12866, as amended by Executive Order 14094,
provides that the Office of Information and Regulatory Affairs in the
Office of Management and Budget (OMB) will review all significant
rules. Pursuant to OMB guidance (OMB Memo M-94-3), dated October 12,
1993, the approval of State program amendments is exempted from OMB
review under Executive Order 12866, as amended by Executive Order
14094. Executive Order 13563, which reaffirms and supplements Executive
Order 12866, retains this exemption.
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
review 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.
Executive Order 13132--Federalism
This rule has no potential Federalism implications as defined under
section 1(a) of Executive Order 13132. Executive Order 13132 directs
agencies to ``grant the States the maximum administrative discretion
possible'' with respect to Federal statutes and regulations
administered by the States. Pennsylvania, through its approved
regulatory program, implements and administers SMCRA and its
implementing regulations at the State level. This rule only corrects
the CFR to reflect our prior disapprovals of the Pennsylvania program
submitted and drafted by the State, and thus, has no effect on the
maximum administrative discretion we are directed to give to States.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
The Department of the Interior strives to strengthen its
government-to-government relationship with Tribes through a commitment
to consultation with Tribes and recognition of their right to self-
governance and tribal sovereignty. We have evaluated this rule under
the Department's consultation policy and under the criteria in
Executive Order 13175 and have determined that it has no substantial
direct effects on the distribution of power and responsibilities
between the Federal Government and Tribes. The basis for this
determination is that our
[[Page 66991]]
decision on the Pennsylvania program does not include Indian lands as
defined by SMCRA or other Tribal lands and it does not affect the
regulation of activities on Indian lands or other Tribal lands. Indian
lands under SMCRA are regulated independently under the applicable
Federal Indian program. The Department's consultation policy also
acknowledges that our rules may have Tribal implications where the
state proposing the amendment encompasses ancestral lands in areas with
minable coal. We are currently working to identify and engage
appropriate Tribal stakeholders to devise a constructive approach for
consulting on these amendments.
Executive Order 13211--Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
Executive Order 13211 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
significant energy action under the definition in Executive Order
13211, a Statement of Energy Effects is not required.
National Environmental Policy Act
Consistent with sections 501(a) and 702(d) of SMCRA (30 U.S.C.
1251(a) and 1292(d), respectively) and the U.S. Department of the
Interior Departmental Manual, part 516, section 13.5(A), State program
amendments are not major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)).
Paperwork Reduction Act
This rule does not include requests and requirements of an
individual, partnership, or corporation to obtain information and
report it to a Federal agency. As this rule does not contain
information collection requirements, a submission to the Office of
Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501
et seq.) is not required.
Regulatory Flexibility Act
This rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). The State submittal, which is the subject
of this rule, requests that we correct the CFR to accurately reflect
our prior approval of parts of the Pennsylvania program, and therefore,
would not have a significant economic effect upon a substantial number
of small entities.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule: (a) 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 on the nature of this rule, in
which we do not make any substantive decision.
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. This determination
is based on the nature of this rule, in which we do not make any
substantive decision. 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 938
Intergovernmental relations, Surface mining, Underground mining.
Thomas D. Shope,
Regional Director, North Atlantic--Appalachian Region.
For the reasons set out in the preamble, 30 CFR part 938 is amended
as set forth below:
PART 938--PENNSYLVANIA
0
1. The authority citation for part 938 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
Sec. 938.12 Amended]
0
2. In Sec. 938.12, remove paragraph (e) and redesignate paragraph (f)
as paragraph (e).
[FR Doc. 2024-18512 Filed 8-16-24; 8:45 am]
BILLING CODE 4310-05-P
