[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)]
[Rules and Regulations]
[Pages 16562-16563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06958]
[[Page 16562]]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 924
[SATS No. MS-024-FOR; Docket No. OSM- 2014-0005; S1D1SSS08011000SX066A
00067F154S180110; S2D2SSS08011000SX 066A00033F15XS501520]
Mississippi Abandoned Mine Land Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are approving an amendment to the Mississippi Abandoned Mine
Land Reclamation Plan (hereinafter, the Mississippi Plan) under the
Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act).
Mississippi requested concurrence from the Secretary of the Department
of the Interior with its certification of completion of all coal-
related reclamation objectives. Mississippi intends to request
Abandoned Mine Land (AML) Reclamation funds to pursue projects in
accordance with section 411 of SMCRA, 30 U.S.C. 1240a.
DATES: Effective March 30, 2015.
FOR FURTHER INFORMATION CONTACT: Sherry Wilson, Director, Birmingham
Field Office. Telephone: (205) 290-7282. Email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Mississippi Plan
II. Submission of the Amendment
III. Summary and Disposition of Comments
IV. OSMRE's Decision
V. Procedural Determinations
I. Background on the Mississippi Plan
Title IV of the Act (30 U.S.C. 1231 et seq.) established the AML
program in order to address the extensive environmental damage caused
by past coal mining activities. The AML program is funded primarily by
a reclamation fee collected on each ton of coal produced. The money
collected is placed in the Abandoned Mine Reclamation Fund (the
``Fund'') and used to finance the reclamation of abandoned coal mines
and for other authorized activities. In addition to moneys from the
Fund, Title IV also provides for the use of some general Treasury
moneys to fund reclamation projects and other authorized activities.
Section 405 of the Act, 30 U.S.C. 1235, allows States and Indian
tribes to assume exclusive responsibility for reclamation activity
within the State or on Indian lands if they develop and submit to the
Secretary of the Interior for approval, a program (often referred to as
a plan) for the reclamation of abandoned coal mines. On September 27,
2007, the Secretary of the Interior approved the Mississippi Plan. You
can find background information on the Mississippi Plan, including the
Secretary's findings, the disposition of comments, and the approval of
the plan in the September 27, 2007, Federal Register (72 FR 54832). No
prior amendments have been made to the Mississippi Plan (30 CFR part
924.20).
II. Submission of the Amendment
By letter dated August 11, 2014 (Administrative Record No. MS-
0424), Mississippi certified to OSMRE that all coal-related impacts on
abandoned mine lands within the State have been successfully addressed
under SMCRA. Mississippi sent the request for concurrence with its
certification at its own initiative. As indicated by our November 12,
2014, Federal Register (79 FR 67115) notice, we also construed this
request for certification as an amendment to Mississippi's Plan. In
addition to this current amendment, Mississippi will most likely be
required to revise its plan again in the future to implement a program
under section 411 of SMCRA.
III. Summary and Disposition of Comments
We announced receipt of the proposed certification in the November
12, 2014, Federal Register (79 FR 67115). In the same document, we
opened the public comment period and provided an opportunity for a
public hearing or meeting on the certification's adequacy. We did not
receive any requests for a public hearing or meeting and, thus, did not
hold one.
Public Comments
The public comment period ended on December 12, 2014. We did not
receive any public comments.
Federal Agency Comments
On September 3, 2014, as required by 30 CFR 884.14(a)(2) and
884.15(a), we requested comments on the proposed Mississippi Plan
amendment from various Federal agencies with an actual or potential
interest in the Mississippi program (Administrative Record No. MS-0424-
01). We did not receive any comments.
IV. OSMRE's Decision
After a review of all of the relevant information, on December 18,
2014, the Director of OSMRE, in accordance with section 411(a)(1) of
SMCRA (30 U.S.C. 1240(a)(1)) and 30 CFR 875.13(b) determined that
Mississippi met all of the applicable criteria and concurred with
Mississippi's certification (Administrative Record MS-0424-02). The
Director's concurrence with Mississippi's certification of completion
of coal reclamation means that Mississippi may now use funds provided
under Title IV of SMCRA in accordance with section 411 of SMCRA and its
current plan. In addition, as part of its certification and in
accordance with 30 CFR 875.13(a)(3), Mississippi agrees to acknowledge
and give top priority to any coal-related problem(s) that may be found
or occur after submission of the certification.
In order to implement Mississippi's certification, we are amending
the Federal regulations at 30 CFR part 924 that codify decisions
concerning the Mississippi Plan. Given the technical nature of this
rule, we find that delaying the effective date of this rule would be
unnecessary and contrary to the public interest. This rule merely
codifies the decision by the Director that became immediately effective
on December 18, 2014, when he concurred in Mississippi's certification
under section 411(a) of SMCRA. Therefore, we find good cause to waive
the 30-day delay in effective date under 5 U.S.C. 553(d)(3).
V. Procedural Determinations
Executive Order 12630--Takings
This rule does not have significant takings implications because it
is not a governmental action capable of interference with
constitutionally protected property rights. A takings implication
assessment is not required.
Executive Orders 12866 and 13563--Regulatory Planning and Review
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) will review all significant rules. OIRA has
determined that this rule is not significant.
Executive Order 13563 reaffirms the principles of Executive Order
12866 while calling for improvements in the nation's regulatory system
to promote predictability, to reduce uncertainty, and to use the best,
most innovative, and least burdensome tools for achieving regulatory
ends. The executive order 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
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emphasizes further that regulations must be based on the best available
science and that the rulemaking process must allow for public
participation and an open exchange of ideas. This rule is merely a
technical amendment to the Mississippi regulations at 30 CFR Part 924
to denote that Mississippi is certified. As such, it does not implicate
any of the considerations embodied in this executive order.
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 13132--Federalism
This rule does not have Federalism implications. 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.''
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 rule does not have substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
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 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
We have determined that the revisions in this rule are
categorically excluded from preparation of an environmental assessment
or environmental impact statement under the National Environmental
Policy Act of 1969, as provided in 43 CFR 46.205(b). We have determined
the rule is covered by the specific categorical exclusion listed in the
Department of the Interior regulations at 43 CFR 46.210(i). That
categorical exclusion covers regulations such as this one that are of
an administrative or technical nature. We have also determined that the
rule does not involve any of the extraordinary circumstances listed in
43 CFR 46.215 that would require further analysis under the National
Environmental Policy Act.
Paperwork Reduction Act
This rule does not contain collections of information that require
approval by the Office of Management and Budget under the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.).
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, the aggregate economic impact of this rulemaking on
small business entities should be minimal.
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) Will 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) will 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.
Unfunded Mandates Reform Act
This rule will not impose an unfunded mandate on State, local, or
tribal governments or the private sector of $100 million or more in any
given year. As previously discussed, this rulemaking will not have a
substantial economic impact on any entity.
List of Subjects in 30 CFR Part 924
Intergovernmental relations, Surface mining, Underground mining,
Abandoned mine reclamation programs.
Dated: January 20, 2015.
Ervin J. Barchenger,
Regional Director, Mid-Continent Region.
For the reasons set out in the preamble, 30 CFR part 924 is amended
as set forth below:
PART 924--MISSISSIPPI
0
1. The authority citation for Part 924 is revised to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
2. Section 924.25 is added to read as follows:
Sec. 924.25 Approval of Mississippi abandoned mine land reclamation
plan amendments.
The following is a list of the dates on which the State of
Mississippi submitted amendments to OSMRE, the dates when the
Director's decision approving all, or portions of these amendments,
were published in the Federal Register, and the State citations or a
brief description of each amendment. The amendments in this table are
listed in order of the date of final publication in the Federal
Register.
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Original amendment submission Date of final
date publication Citation/description
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August 11, 2014................ March 30, 2015... Certification that
the State has
reclaimed all lands
adversely impacted
by past coal
mining.
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[FR Doc. 2015-06958 Filed 3-27-15; 8:45 am]
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