80 FR 60107 - Alabama Regulatory Program

DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement

Federal Register Volume 80, Issue 192 (October 5, 2015)

Page Range		60107-60108
FR Document		2015-25255

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Alabama regulatory program (Alabama program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Alabama proposes revisions to its Program by clarifying that the venue for appeals of Alabama Surface Mining Commission decisions resides in the Circuit Court of the county in which the agency maintains its principal office. This document gives the times and locations that the Alabama program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

Federal Register, Volume 80 Issue 192 (Monday, October 5, 2015)

[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)]
[Proposed Rules]
[Pages 60107-60108]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25255]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 901

[SATS No. AL-078-FOR; Docket ID: OSM-2015-0005; S1D1S SS08011000 
SX064A000 156S180110; S2D2S SS08011000 SX064A000 15XS501520]


Alabama Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE), are announcing receipt of a proposed amendment to the Alabama 
regulatory program (Alabama program) under the Surface Mining Control 
and Reclamation Act of 1977 (SMCRA or the Act). Alabama proposes 
revisions to its Program by clarifying that the venue for appeals of 
Alabama Surface Mining Commission decisions resides in the Circuit 
Court of the county in which the agency maintains its principal office.
    This document gives the times and locations that the Alabama 
program and proposed amendment to that program are available for your 
inspection, the comment period during which you may submit written 
comments on the amendment, and the procedures that we will follow for 
the public hearing, if one is requested.

DATES: We will accept written comments on this amendment until 4:00 
p.m., c.d.t., November 4, 2015. If requested, we will hold a public 
hearing on the amendment on October 30, 2015. We will accept requests 
to speak at a hearing until 4:00 p.m., c.d.t. on October 20, 2015.

ADDRESSES: You may submit comments, identified by SATS No. AL-078-FOR 
by any of the following methods:
     Mail/Hand Delivery: Sherry Wilson, Director, Birmingham 
Field Office, Office of Surface Mining Reclamation and Enforcement, 135 
Gemini Circle, Suite 215, Homewood, Alabama 35209
     Fax: (205) 290-7280
     Federal eRulemaking Portal: The amendment has been 
assigned Docket ID OSM-2015-0005. If you would like to submit comments 
go to http://www.regulations.gov. Follow the instructions for 
submitting comments.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. For detailed instructions on 
submitting comments and additional information on the rulemaking 
process, see the ``Public Comment Procedures'' heading of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to review copies of the Alabama 
program, this amendment, a listing of any scheduled public hearings, 
and all written comments received in response to this document, you 
must go to the address listed below during normal business hours, 
Monday through Friday, excluding holidays. You may receive one free 
copy of the amendment by contacting OSMRE's Birmingham Field Office or 
the full text of the program amendment is available for you to review 
at www.regulations.gov.
    Sherry Wilson, Director, Birmingham Field Office, Office of Surface 
Mining Reclamation and Enforcement, 135 Gemini Circle, Suite 215, 
Homewood, Alabama 35209, Telephone: (205) 290-7282, Email: 
[email protected].
    In addition, you may review a copy of the amendment during regular 
business hours at the following location: Alabama Surface Mining 
Commission, 1811 Second Ave., P.O. Box 2390, Jasper, Alabama 35502-
2390, Telephone: (205) 221-4130.

FOR FURTHER INFORMATION CONTACT: Sherry Wilson, Director, Birmingham 
Field Office. Telephone: (205) 290-7282. Email: [email protected].

SUPPLEMENTARY INFORMATION:
I. Background on the Alabama Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

I. Background on the Alabama Program

    Section 503(a) of the Act permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that 
its program includes, among other things, ``a State law which provides 
for the regulation of surface coal mining and reclamation operations in 
accordance with the requirements of this Act . . . ; and rules and 
regulations consistent with regulations issued by the Secretary 
pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On the basis 
of these criteria, the Secretary of the Interior conditionally approved 
the Alabama program effective May 20, 1982. You can find background 
information on the Alabama program, including the Secretary's findings, 
the disposition of comments, and the conditions of approval of the 
Alabama program in the May 20, 1982, Federal Register (47 FR 22030). 
You can also find later actions concerning the Alabama program and 
program amendments at 30 CFR 901.10, 901.15 and 901.16.

II. Description of the Proposed Amendment

    By letter dated June 12, 2015 (Administrative Record No. AL-0666), 
Alabama sent us an amendment to its program under SMCRA (30 U.S.C. 1201 
et seq.) at its own initiative. Below is a summary of the changes 
proposed by Alabama. The full text of the program amendment is 
available for you to read at the locations listed above under 
ADDRESSES.

Code of Alabama Section 9-16-79 Hearing and Appeals; Procedures

    Alabama proposes to add new language to clarify that procedures 
under this section shall take precedence over the Alabama 
Administrative Procedure Act, which shall in no respect apply to 
proceedings arising under this article.
    Alabama, at Section 9-16-79(4)b., proposes to make edits and add 
new language, clarifying that the venue for appeals of Alabama Surface 
Mining Commission decisions resides in the Circuit Court of the county 
in which the agency maintains its principal office.

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking your 
comments on whether the amendment

[[Page 60108]]

satisfies the applicable program approval criteria of 30 CFR 732.15. If 
we approve the amendment, it will become part of the State program.

Electronic or Written Comments

    If you submit written comments, they should be specific, confined 
to issues pertinent to the proposed regulations, and explain the reason 
for any recommended change(s). We appreciate any and all comments, but 
those most useful and likely to influence decisions on the final 
regulations will be those that either involve personal experience or 
include citations to and analyses of SMCRA, its legislative history, 
its implementing regulations, case law, other pertinent State or 
Federal laws or regulations, technical literature, or other relevant 
publications.
    We cannot ensure that comments received after the close of the 
comment period (see DATES) or sent to an address other than those 
listed (see ADDRESSES) will be included in the docket for this 
rulemaking and considered.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., c.d.t. on 
October 20, 2015. If you are disabled and need reasonable 
accommodations to attend a public hearing, contact the person listed 
under FOR FURTHER INFORMATION CONTACT. We will arrange the location and 
time of the hearing with those persons requesting the hearing. If no 
one requests an opportunity to speak, we will not hold a hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at the public hearing 
provide us with a written copy of his or her comments. The public 
hearing will continue on the specified date until everyone scheduled to 
speak has been given an opportunity to be heard. If you are in the 
audience and have not been scheduled to speak and wish to do so, you 
will be allowed to speak after those who have been scheduled. We will 
end the hearing after everyone scheduled to speak and others present in 
the audience who wish to speak, have been heard.

Public Meeting

    If only one person requests an opportunity to speak, we may hold a 
public meeting rather than a public hearing. If you wish to meet with 
us to discuss the amendment, please request a meeting by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings 
are open to the public and, if possible, we will post notices of 
meetings at the locations listed under ADDRESSES. We will make a 
written summary of each meeting a part of the administrative record.

IV. Procedural Determinations

Executive Order 12866--Regulatory Planning and Review

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866.

Other Laws and Executive Orders Affecting Rulemaking

    When a State submits a program amendment to OSMRE for review, our 
regulations at 30 CFR 732.17(h) require us to publish a notice in the 
Federal Register indicating receipt of the proposed amendment, its text 
or a summary of its terms, and an opportunity for public comment. We 
conclude our review of the proposed amendment after the close of the 
public comment period and determine whether the amendment should be 
approved, approved in part, or not approved. At that time, we will also 
make the determinations and certifications required by the various laws 
and executive orders governing the rulemaking process and include them 
in the final rule.

List of Subjects in 30 CFR Part 901

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: July 9, 2015.
William L. Joseph,
Acting Regional Director, Mid-Continent Region.
[FR Doc. 2015-25255 Filed 10-2-15; 8:45 am]
 BILLING CODE 4310-05-P

Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Proposed Rules 60107

decisions, issuance of final decisions submit written comments on the I. Background on the Alabama Program
issued on appeal of initial decisions, amendment, and the procedures that we II. Description of the Proposed Amendment
other dispositions of appeals of initial will follow for the public hearing, if one III. Public Comment Procedures
decisions, final decisions on review of is requested. IV. Procedural Determinations
self-regulatory organization DATES: We will accept written I. Background on the Alabama Program
determinations, other dispositions on comments on this amendment until 4:00 Section 503(a) of the Act permits a
review of self-regulatory organization p.m., c.d.t., November 4, 2015. If State to assume primacy for the
determinations, and decisions with requested, we will hold a public hearing regulation of surface coal mining and
respect to stays or interlocutory on the amendment on October 30, 2015. reclamation operations on non-Federal
motions. For each category of decision, We will accept requests to speak at a and non-Indian lands within its borders
the report shall also show the median hearing until 4:00 p.m., c.d.t. on October by demonstrating that its program
age of the cases at the time of the 20, 2015. includes, among other things, ‘‘a State
decision, the number of cases decided ADDRESSES: You may submit comments, law which provides for the regulation of
within the guidelines for the timely identified by SATS No. AL–078–FOR by surface coal mining and reclamation
completion of adjudicatory proceedings, any of the following methods: operations in accordance with the
and, with respect to appeals from initial • Mail/Hand Delivery: Sherry Wilson, requirements of this Act . . . ; and
decisions, reviews of determinations by Director, Birmingham Field Office, rules and regulations consistent with
self-regulatory organizations or the Office of Surface Mining Reclamation regulations issued by the Secretary
Public Company Accounting Oversight and Enforcement, 135 Gemini Circle, pursuant to this Act.’’ See 30 U.S.C.
Board, and remands of prior Suite 215, Homewood, Alabama 35209 1253(a)(1) and (7). On the basis of these
Commission decisions, the median days • Fax: (205) 290–7280 criteria, the Secretary of the Interior
from the completion of briefing to the • Federal eRulemaking Portal: The conditionally approved the Alabama
time of the Commission’s decision. amendment has been assigned Docket program effective May 20, 1982. You
By the Commission. ID OSM–2015–0005. If you would like can find background information on the
Dated: September 24, 2015. to submit comments go to http:// Alabama program, including the
Brent J. Fields,
www.regulations.gov. Follow the Secretary’s findings, the disposition of
instructions for submitting comments. comments, and the conditions of
Secretary.
Instructions: All submissions received
[FR Doc. 2015–24707 Filed 10–2–15; 8:45 am] approval of the Alabama program in the
must include the agency name and
BILLING CODE 8011–01–P
May 20, 1982, Federal Register (47 FR
docket number for this rulemaking. For
22030). You can also find later actions
detailed instructions on submitting
concerning the Alabama program and
comments and additional information
DEPARTMENT OF THE INTERIOR program amendments at 30 CFR 901.10,
on the rulemaking process, see the
901.15 and 901.16.
‘‘Public Comment Procedures’’ heading
Office of Surface Mining Reclamation of the SUPPLEMENTARY INFORMATION II. Description of the Proposed
and Enforcement section of this document. Amendment
Docket: For access to the docket to By letter dated June 12, 2015
30 CFR Part 901 review copies of the Alabama program, (Administrative Record No. AL–0666),
[SATS No. AL–078–FOR; Docket ID: OSM– this amendment, a listing of any Alabama sent us an amendment to its
2015–0005; S1D1S SS08011000 SX064A000 scheduled public hearings, and all program under SMCRA (30 U.S.C. 1201
156S180110; S2D2S SS08011000 written comments received in response et seq.) at its own initiative. Below is a
SX064A000 15XS501520] to this document, you must go to the summary of the changes proposed by
address listed below during normal Alabama. The full text of the program
Alabama Regulatory Program business hours, Monday through Friday, amendment is available for you to read
AGENCY: Office of Surface Mining excluding holidays. You may receive at the locations listed above under
Reclamation and Enforcement, Interior. one free copy of the amendment by ADDRESSES.
contacting OSMRE’s Birmingham Field
ACTION: Proposed rule; public comment
Office or the full text of the program Code of Alabama Section 9–16–79
period and opportunity for public Hearing and Appeals; Procedures
amendment is available for you to
hearing on proposed amendment.
review at www.regulations.gov. Alabama proposes to add new
SUMMARY: We, the Office of Surface Sherry Wilson, Director, Birmingham language to clarify that procedures
Mining Reclamation and Enforcement Field Office, Office of Surface Mining under this section shall take precedence
(OSMRE), are announcing receipt of a Reclamation and Enforcement, 135 over the Alabama Administrative
proposed amendment to the Alabama Gemini Circle, Suite 215, Homewood, Procedure Act, which shall in no
regulatory program (Alabama program) Alabama 35209, Telephone: (205) 290– respect apply to proceedings arising
under the Surface Mining Control and 7282, Email: swilson@osmre.gov. under this article.
Reclamation Act of 1977 (SMCRA or the In addition, you may review a copy of Alabama, at Section 9–16–79(4)b.,
Act). Alabama proposes revisions to its the amendment during regular business proposes to make edits and add new
Program by clarifying that the venue for hours at the following location: language, clarifying that the venue for
appeals of Alabama Surface Mining Alabama Surface Mining Commission,
mstockstill on DSK4VPTVN1PROD with PROPOSALS

appeals of Alabama Surface Mining
Commission decisions resides in the 1811 Second Ave., P.O. Box 2390, Commission decisions resides in the
Circuit Court of the county in which the Jasper, Alabama 35502–2390, Circuit Court of the county in which the
agency maintains its principal office. Telephone: (205) 221–4130. agency maintains its principal office.
This document gives the times and FOR FURTHER INFORMATION CONTACT:
locations that the Alabama program and Sherry Wilson, Director, Birmingham III. Public Comment Procedures
proposed amendment to that program Field Office. Telephone: (205) 290– Under the provisions of 30 CFR
are available for your inspection, the 7282. Email: swilson@osmre.gov. 732.17(h), we are seeking your
comment period during which you may SUPPLEMENTARY INFORMATION: comments on whether the amendment

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Document Created: 2015-12-15 08:53:06
Document Modified: 2015-12-15 08:53:06

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		Proposed Rules
Action		Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
Dates		We will accept written comments on this amendment until 4:00 p.m., c.d.t., November 4, 2015. If requested, we will hold a public hearing on the amendment on October 30, 2015. We will accept requests to speak at a hearing until 4:00 p.m., c.d.t. on October 20, 2015.
Contact		Sherry Wilson, Director, Birmingham Field Office. Telephone: (205) 290-7282. Email: [email protected]
FR Citation		80 FR 60107
CFR Associated		Intergovernmental Relations; Surface Mining and Underground Mining

80 FR 60107 - Alabama Regulatory Program

DEPARTMENT OF THE INTERIOROffice of Surface Mining Reclamation and Enforcement

Federal Register Volume 80, Issue 192 (October 5, 2015)

DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement