[Federal Register Volume 77, Number 133 (Wednesday, July 11, 2012)]
[Rules and Regulations]
[Pages 40796-40798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16940]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 950
[SATS No: WY-042-FOR; Docket ID OSM-2012-0001]
Wyoming Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are removing a disapproval codified in OSM regulations
concerning a 1986 proposed amendment to the enforcement provisions of
the Wyoming regulatory program (the Wyoming program) under the Surface
Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The
disapproval is no longer necessary because Wyoming subsequently
submitted and obtained approval of replacement regulations.
DATES: Effective Date: July 11, 2012.
FOR FURTHER INFORMATION CONTACT: Jeffrey W. Fleischman, Telephone:
(307) 261-6550, Email address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Discussion of Final Rule
II. Procedural Determinations
I. Discussion of Final Rule
By letter dated March 5, 2010 (SATS number: WY-042-FOR,
Administrative Record Docket ID No. OSM-2012-0001), Wyoming requested
that we remove the disapproval at 30 CFR 950.12(a)(12) of the proposed
1986 revisions to Chapter XVII of the rules and regulations of the
Wyoming Department of Environmental Quality (WDEQ), Land Quality
Division (LQD). Wyoming requests that we remove the disapproval because
the state believes that retention of the disapproval is inconsistent
with our subsequent approval of replacement rules for the disapproved
amendment.
On May 1, 1986, the Wyoming Department of Environmental Quality
(WDEQ), Land Quality Division (LQD) submitted proposed amendments to
its approved regulatory program under SMCRA. The revisions to Chapter
XVII of the LQD Rules and Regulations proposed to incorporate the
concept of ``minor violations'' into the rules on inspection and
enforcement. The inspector could cite minor violations in inspection
reports rather than through issuance of the more standard notice of
violation form.
However, we found that the proposed amendment to Chapter XVII did
not provide for adequate enforcement of the approved Wyoming program
and therefore was less effective than the Federal regulations.
Specifically, the Director found that the proposed amendment was ``not
adequately limited to violations which are only minor,'' did not
``ensure that operators who repeatedly incur minor infractions or who
do not abate the minor infractions in a timely manner will be formally
cited,'' and did not ``ensure that minor infractions beyond some
specified threshold number will be considered for purposes of
determining a pattern of violations'' (51 FR 42209, 42216, November 24,
1986). We subsequently disapproved ``[a]ll revisions to Chapter XVII,
which would have introduced a new enforcement scheme.'' See 30 CFR
950.12(a)(12) and 51 FR 42209, November 24, 1986.
On March 31, 1989, the WDEQ submitted additional proposed revisions
to Chapter XVII to resolve the issues resulting in the disapproval of
the 1986 amendment concerning that chapter. We subsequently approved
the proposed revisions, finding that the ``proposed rule is consistent
with and no less stringent than the requirements of SMCRA and the
regulations adopted pursuant to SMCRA regarding enforcement.'' See 55
FR 30221, 30230, July 25, 1990. In our 1990 approval, we stated that
``[e]xamples of minor violations that will be identified in the
inspection report, but may or may not be subject to formal notice of
violation, are listed in chapter XVII, section 2(f)(i) through
(f)(ix).'' We also specified that ``[o]nly those violations listed at
that section may be noted in an inspection report'' and ``[a] formal
notice of violation will be issued for all other violations.'' See 55
FR 30221, 30229.
Our approval in 1990 of Wyoming's 1989 proposed amendment to its
enforcement rules meant that the disapproval at 30 CFR 950.12(a)(12) of
the 1986 proposed amendment that the 1989 amendment replaced became
moot. At Wyoming's request, we are removing 30 CFR 950.12(a)(12) in
this final rule.
Removal of our disapproval of the 1986 proposed amendment does not
alter the terms of our decisions on either the 1986 or the 1989
proposed amendments. Wyoming's March 5, 2010, letter confirms that the
state has implemented and will continue to implement subsection 2(f) of
its enforcement rules in a manner consistent with our 1990 approval of
the 1989 proposed amendment. In other words, only those infractions
listed in subsection 2(f) may be considered minor violations. All other
violations will be cited by issuing a formal notice of violation.
II. Procedural Determinations
Administrative Procedure Act
We are publishing this final rule without prior public notice or
opportunity for public comment. The Administrative Procedure Act (APA),
5 U.S.C. 553, 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 nonsubstantive. As discussed
above, this rule removes a now-moot provision concerning a proposed
amendment to the Wyoming program that has since been replaced with a
subsequent program amendment.
[[Page 40797]]
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.
553(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 12866--Regulatory Planning and Review
This rule is not a significant rule and is not subject to review by
the Office of Management and Budget under Executive Order 12866. As
discussed above, this rule removes a now-moot provision concerning a
proposed amendment to the Wyoming program that has since been replaced
with a subsequent program amendment. This rule neither imposes new
regulatory requirements nor removes any existing regulatory
requirements. For these reasons, we find that:
(1) This rule will not have an effect of $100 million or more on
the economy. It will not adversely affect in a material way the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities.
(2) This rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency for the
reasons stated above.
(3) This rule does not alter the budgetary effects of entitlements,
grants, user fees, or loan programs or the rights or obligations of
their recipients.
(4) This rule does not raise novel legal or policy issues for the
reasons stated above.
Regulatory Flexibility Act
The Department of the Interior certifies that 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.).
As discussed above, this rule removes a now-moot provision concerning a
proposed amendment to the Wyoming program that has since been replaced
with a subsequent program amendment. This rule neither imposes new
regulatory requirements nor removes any existing regulatory
requirements.
Small Business Regulatory Enforcement Fairness Act
As discussed above, this rule removes a now-moot provision
concerning a proposed amendment to the Wyoming program that has since
been replaced with a subsequent program amendment. This rule neither
imposes new regulatory requirements nor removes any existing regulatory
requirements. Therefore, this rule is not considered a major rule under
5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness
Act, and it will not--
(1) Have an annual effect on the economy of $100 million.
(2) Cause a major increase in costs or prices for consumers,
individual industries, Federal, state, or local government agencies, or
geographic regions because the rule does not impose new requirements on
the coal mining industry or consumers.
(3) Have significant adverse effects on competition, employment,
investment, productivity, innovation, or the ability of U.S. based
enterprises to compete with foreign-based enterprises.
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. As discussed above,
this rule removes a now-moot provision concerning a proposed amendment
to the Wyoming program that has since been replaced with a subsequent
program amendment. This rule neither imposes new regulatory
requirements nor removes any existing regulatory requirements. A
statement containing the information required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not required.
Federal Paperwork Reduction Act
This rule does not contain collections of information that require
approval by the Office of Management and Budget under 44 U.S.C. 3501 et
seq.
National Environmental Policy Act
This rule does not require an environmental assessment or
environmental impact statement because section 702(d) of SMCRA, 30
U.S.C. 1292(d), provides that agency actions pertaining to approval of
state regulatory programs do not constitute major Federal actions
within the meaning of section 102(2)(C) of the National Environmental
Policy Act, 42 U.S.C. 4332(2)(C).
Executive Order 12988--Civil Justice Reform
This rule complies with the requirements of Executive Order 12988.
Specifically, this rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(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 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
Executive Order 13211 requires agencies to prepare a statement of
energy effects for a rule 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. This rule is not
considered significant under Executive Order 12866, nor would it have a
significant adverse effect on the supply, distribution, or use of
energy. Therefore, a statement of energy effects is not required.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on federally recognized Indian tribes
and have determined that the removal of a now-moot provision concerning
a 1986 proposed amendment to the Wyoming regulatory program would not
have substantial direct effects 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.
Executive Order 12630--Takings
Under the criteria in Executive Order 12630, this rule does not
have significant takings implications; therefore, a takings implication
assessment is not required. As discussed above, this rule removes a
now-moot provision concerning a proposed amendment to the Wyoming
program that has since been replaced with a subsequent program
amendment. This rule neither imposes new regulatory requirements nor
removes any existing regulatory requirements.
Executive Order 13132--Federalism
This rule does not have federalism implications. For the reasons
previously stated, it 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.''
[[Page 40798]]
Data Quality Act
In developing this rule, we did not conduct or use a study,
experiment, or survey requiring peer review under the Data Quality Act
(Pub. L. 106-554).
List of Subjects in 30 CFR Part 950
Intergovernmental relations, Surface mining, Underground mining.
Dated: April 27, 2012.
Allen D. Klein,
Regional Director, Western Region.
For the reasons set out in the preamble, 30 CFR part 950 is amended
as set forth below:
PART 950--WYOMING
0
1. The authority citation for part 950 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
2. In Sec. 950.12:
0
a. Remove ``; and'' from paragraph (a)(11) and add a period in its
place; and
0
b. Remove paragraph (a)(12).
[FR Doc. 2012-16940 Filed 7-10-12; 8:45 am]
BILLING CODE 4310-05-P