80 FR 16562 - Mississippi Abandoned Mine Land Plan
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement Federal Register Volume 80, Issue 60 (March 30, 2015)
Office of Surface Mining Reclamation and Enforcement
Federal Register Volume 80, Issue 60 (March 30, 2015)
| Page Range | 16562-16563 | |
| FR Document | 2015-06958 |
[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)] [Rules and Regulations] [Pages 16562-16563] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06958] [[Page 16562]] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 [[Page 16563]] 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. ------------------------------------------------------------------------ Original amendment submission Date of final date publication Citation/description ------------------------------------------------------------------------ August 11, 2014................ March 30, 2015... Certification that the State has reclaimed all lands adversely impacted by past coal mining. ------------------------------------------------------------------------ [FR Doc. 2015-06958 Filed 3-27-15; 8:45 am] BILLING CODE 4310-05-P
![16562 Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations
DEPARTMENT OF THE INTERIOR reclamation activity within the State or Director of OSMRE, in accordance with
on Indian lands if they develop and section 411(a)(1) of SMCRA (30 U.S.C.
Office of Surface Mining Reclamation submit to the Secretary of the Interior 1240(a)(1)) and 30 CFR 875.13(b)
and Enforcement for approval, a program (often referred determined that Mississippi met all of
to as a plan) for the reclamation of the applicable criteria and concurred
30 CFR Part 924 abandoned coal mines. On September with Mississippi’s certification
[SATS No. MS–024–FOR; Docket No. OSM– 27, 2007, the Secretary of the Interior (Administrative Record MS–0424–02).
2014–0005; S1D1SSS08011000SX066A approved the Mississippi Plan. You can The Director’s concurrence with
00067F154S180110; S2D2SSS08011000SX find background information on the Mississippi’s certification of completion
066A00033F15XS501520] Mississippi Plan, including the of coal reclamation means that
Secretary’s findings, the disposition of Mississippi may now use funds
Mississippi Abandoned Mine Land comments, and the approval of the plan provided under Title IV of SMCRA in
Plan in the September 27, 2007, Federal accordance with section 411 of SMCRA
AGENCY: Office of Surface Mining Register (72 FR 54832). No prior and its current plan. In addition, as part
Reclamation and Enforcement, Interior. amendments have been made to the of its certification and in accordance
Mississippi Plan (30 CFR part 924.20). with 30 CFR 875.13(a)(3), Mississippi
ACTION: Final rule; approval of
agrees to acknowledge and give top
amendment. II. Submission of the Amendment
priority to any coal-related problem(s)
SUMMARY: We, the Office of Surface By letter dated August 11, 2014 that may be found or occur after
Mining Reclamation and Enforcement (Administrative Record No. MS–0424), submission of the certification.
(OSMRE), are approving an amendment Mississippi certified to OSMRE that all In order to implement Mississippi’s
to the Mississippi Abandoned Mine coal-related impacts on abandoned mine certification, we are amending the
Land Reclamation Plan (hereinafter, the lands within the State have been Federal regulations at 30 CFR part 924
Mississippi Plan) under the Surface successfully addressed under SMCRA. that codify decisions concerning the
Mining Control and Reclamation Act of Mississippi sent the request for Mississippi Plan. Given the technical
1977 (SMCRA or the Act). Mississippi concurrence with its certification at its nature of this rule, we find that delaying
requested concurrence from the own initiative. As indicated by our the effective date of this rule would be
Secretary of the Department of the November 12, 2014, Federal Register unnecessary and contrary to the public
Interior with its certification of (79 FR 67115) notice, we also construed interest. This rule merely codifies the
completion of all coal-related this request for certification as an decision by the Director that became
reclamation objectives. Mississippi amendment to Mississippi’s Plan. In immediately effective on December 18,
intends to request Abandoned Mine addition to this current amendment, 2014, when he concurred in
Land (AML) Reclamation funds to Mississippi will most likely be required Mississippi’s certification under section
pursue projects in accordance with to revise its plan again in the future to 411(a) of SMCRA. Therefore, we find
section 411 of SMCRA, 30 U.S.C. 1240a. implement a program under section 411 good cause to waive the 30-day delay in
DATES: Effective March 30, 2015.
of SMCRA. effective date under 5 U.S.C. 553(d)(3).
FOR FURTHER INFORMATION CONTACT: III. Summary and Disposition of V. Procedural Determinations
Sherry Wilson, Director, Birmingham Comments
Field Office. Telephone: (205) 290– Executive Order 12630—Takings
We announced receipt of the
7282. Email: swilson@osmre.gov. proposed certification in the November This rule does not have significant
SUPPLEMENTARY INFORMATION: 12, 2014, Federal Register (79 FR takings implications because it is not a
67115). In the same document, we governmental action capable of
I. Background on the Mississippi Plan
II. Submission of the Amendment opened the public comment period and interference with constitutionally
III. Summary and Disposition of Comments provided an opportunity for a public protected property rights. A takings
IV. OSMRE’s Decision hearing or meeting on the certification’s implication assessment is not required.
V. Procedural Determinations adequacy. We did not receive any Executive Orders 12866 and 13563—
I. Background on the Mississippi Plan requests for a public hearing or meeting Regulatory Planning and Review
and, thus, did not hold one.
Title IV of the Act (30 U.S.C. 1231 et Executive Order 12866 provides that
seq.) established the AML program in Public Comments the Office of Information and Regulatory
order to address the extensive The public comment period ended on Affairs (OIRA) will review all significant
environmental damage caused by past December 12, 2014. We did not receive rules. OIRA has determined that this
coal mining activities. The AML any public comments. rule is not significant.
program is funded primarily by a Executive Order 13563 reaffirms the
reclamation fee collected on each ton of Federal Agency Comments principles of Executive Order 12866
coal produced. The money collected is On September 3, 2014, as required by while calling for improvements in the
placed in the Abandoned Mine 30 CFR 884.14(a)(2) and 884.15(a), we nation’s regulatory system to promote
Reclamation Fund (the ‘‘Fund’’) and requested comments on the proposed predictability, to reduce uncertainty,
used to finance the reclamation of Mississippi Plan amendment from and to use the best, most innovative,
abandoned coal mines and for other various Federal agencies with an actual and least burdensome tools for
asabaliauskas on DSK5VPTVN1PROD with RULES
authorized activities. In addition to or potential interest in the Mississippi achieving regulatory ends. The
moneys from the Fund, Title IV also program (Administrative Record No. executive order directs agencies to
provides for the use of some general MS–0424–01). We did not receive any consider regulatory approaches that
Treasury moneys to fund reclamation comments. reduce burdens and maintain flexibility
projects and other authorized activities. and freedom of choice for the public
Section 405 of the Act, 30 U.S.C. IV. OSMRE’s Decision where these approaches are relevant,
1235, allows States and Indian tribes to After a review of all of the relevant feasible, and consistent with regulatory
assume exclusive responsibility for information, on December 18, 2014, the objectives. Executive Order 13563
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![Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations 16563
emphasizes further that regulations Energy Effects for a rule that is (1) This rule: (a) Will not have an annual
must be based on the best available considered significant under Executive effect on the economy of $100 million;
science and that the rulemaking process Order 12866, and (2) likely to have a (b) will not cause a major increase in
must allow for public participation and significant adverse effect on the supply, costs or prices for consumers,
an open exchange of ideas. This rule is distribution, or use of energy. This rule individual industries, Federal, State, or
merely a technical amendment to the is not considered significant under local government agencies, or
Mississippi regulations at 30 CFR Part Executive Order 12866 and is not geographic regions; and (c) will not have
924 to denote that Mississippi is expected to have a significant adverse significant adverse effects on
certified. As such, it does not implicate effect on the supply, distribution, or use competition, employment, investment,
any of the considerations embodied in of energy, a Statement of Energy Effects productivity, innovation, or the ability
this executive order. is not required. of U.S.-based enterprises to compete
Executive Order 12988—Civil Justice with foreign-based enterprises.
National Environmental Policy Act
Reform Unfunded Mandates Reform Act
We have determined that the
This rule complies with the revisions in this rule are categorically This rule will not impose an
requirements of Executive Order 12988. excluded from preparation of an unfunded mandate on State, local, or
Specifically, this rule: environmental assessment or tribal governments or the private sector
(a) Meets the criteria of section 3(a) environmental impact statement under of $100 million or more in any given
requiring that all regulations be the National Environmental Policy Act year. As previously discussed, this
reviewed to eliminate errors and of 1969, as provided in 43 CFR rulemaking will not have a substantial
ambiguity and be written to minimize 46.205(b). We have determined the rule economic impact on any entity.
litigation; and is covered by the specific categorical
(b) Meets the criteria of section 3(b)(2) List of Subjects in 30 CFR Part 924
exclusion listed in the Department of
requiring that all regulations be written Intergovernmental relations, Surface
the Interior regulations at 43 CFR
in clear language and contain clear legal mining, Underground mining,
46.210(i). That categorical exclusion
standards. Abandoned mine reclamation programs.
covers regulations such as this one that
Executive Order 13132—Federalism are of an administrative or technical Dated: January 20, 2015.
This rule does not have Federalism nature. We have also determined that Ervin J. Barchenger,
implications. It will not have the rule does not involve any of the Regional Director, Mid-Continent Region.
‘‘substantial direct effects on the States, extraordinary circumstances listed in 43
CFR 46.215 that would require further For the reasons set out in the
on the relationship between the national
analysis under the National preamble, 30 CFR part 924 is amended
government and the States, or on the
Environmental Policy Act. as set forth below:
distribution of power and
responsibilities among the various Paperwork Reduction Act PART 924—MISSISSIPPI
levels of government.’’
This rule does not contain collections
Executive Order 13175—Consultation ■ 1. The authority citation for Part 924
of information that require approval by
and Coordination With Indian Tribal is revised to read as follows:
the Office of Management and Budget
Governments under the Paperwork Reduction Act (44 Authority: 30 U.S.C. 1201 et seq.
In accordance with Executive Order U.S.C. 3501 et seq.). ■ 2. Section 924.25 is added to read as
13175, we have evaluated the potential Regulatory Flexibility Act follows:
effects of this rule on federally
recognized Indian tribes and have The Department of the Interior § 924.25 Approval of Mississippi
determined that the rule does not have certifies that this rule will not have a abandoned mine land reclamation plan
significant economic impact on a amendments.
substantial direct effects on one or more
Indian tribes, on the relationship substantial number of small entities The following is a list of the dates on
between the Federal Government and under the Regulatory Flexibility Act (5 which the State of Mississippi
Indian tribes, or on the distribution of U.S.C. 601 et seq.). As discussed above, submitted amendments to OSMRE, the
power and responsibilities between the the aggregate economic impact of this dates when the Director’s decision
Federal Government and Indian tribes. rulemaking on small business entities approving all, or portions of these
should be minimal. amendments, were published in the
Executive Order 13211—Regulations Federal Register, and the State citations
That Significantly Affect the Supply, Small Business Regulatory Enforcement or a brief description of each
Distribution, or Use of Energy Fairness Act amendment. The amendments in this
On May 18, 2001, the President issued This rule is not a major rule under table are listed in order of the date of
Executive Order 13211 which requires 5 U.S.C. 804(2), the Small Business final publication in the Federal
agencies to prepare a Statement of Regulatory Enforcement Fairness Act. Register.
Original amendment submission date Date of final publication Citation/description
August 11, 2014 ......................................... March 30, 2015 ............................. Certification that the State has reclaimed all lands adversely
asabaliauskas on DSK5VPTVN1PROD with RULES
impacted by past coal mining.
[FR Doc. 2015–06958 Filed 3–27–15; 8:45 am]
BILLING CODE 4310–05–P
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Document Created: 2015-12-18 11:32:12
Document Modified: 2015-12-18 11:32:12
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; approval of amendment. | |
| Dates | Effective March 30, 2015. | |
| Contact | Sherry Wilson, Director, Birmingham Field Office. Telephone: (205) 290-7282. Email: [email protected] | |
| FR Citation | 80 FR 16562 | |
| CFR Associated | Intergovernmental Relations; Surface Mining; Underground Mining and Abandoned Mine Reclamation Programs |
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