80 FR 77018 - North Cumberland Wildlife Management Area, Tennessee Lands Unsuitable for Mining Draft Petition Evaluation Document and Environmental Impact Statement OSM-EIS-37
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement Federal Register Volume 80, Issue 238 (December 11, 2015)
Office of Surface Mining Reclamation and Enforcement
Federal Register Volume 80, Issue 238 (December 11, 2015)
| Page Range | 77018-77019 | |
| FR Document | 2015-30981 |
[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)] [Notices] [Pages 77018-77019] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30981] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement [S1D1S SS08011000 SX064A000 167S180110; S2D2S SS08011000 SX064A000 16XS501520] North Cumberland Wildlife Management Area, Tennessee Lands Unsuitable for Mining Draft Petition Evaluation Document and Environmental Impact Statement OSM-EIS-37 AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Notice of availability. ----------------------------------------------------------------------- SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSMRE) announces that the draft Petition Evaluation Document and Environmental Impact Statement (PED/EIS) for the North Cumberland Wildlife Management Area Petition to Find Certain Lands Unsuitable for Surface Coal Mining Operations is available for public review and comment. DATES: Electronic or written comments: OSMRE will accept electronic or written comments within 45 days of the publication of this Notice in the Federal Register. ADDRESSES: Comments may be submitted using any of the following methods: Electronic Comments: http://www.osmre.gov/programs/rcm/TNLUM.shtm. Please follow the online instructions for submitting comments. Mail/Hand-Delivery/Courier: Earl D. Bandy Jr., Director--Knoxville Field Office, Office of Surface Mining Reclamation and Enforcement, John J. Duncan Federal Building, 710 Locust Street, 2nd Floor Knoxville, Tennessee 37902. You may review the draft PED/EIS online at http://www.osmre.gov/programs/rcm/TNLUM.shtm. You also may review these documents in person at the location listed below. FOR FURTHER INFORMATION CONTACT: Earl D. Bandy Jr., Director--Knoxville Field Office, Office of Surface Mining Reclamation and Enforcement, John J. Duncan Federal Building, 710 Locust Street, 2nd Floor, Knoxville, Tennessee 37902. Telephone: 865-545-4103. Email: [email protected]. SUPPLEMENTARY INFORMATION: Background On September 30, 2010, pursuant to section 522 of the Surface Mining Control and Reclamation Act (SMCRA), 30 U.S.C. 1272(c), the State of Tennessee filed a petition with OSMRE to designate certain lands in the state as unsuitable for surface coal mining operations. These lands include the area within 600 feet of all ridge lines (a 1,200 foot corridor) lying within the North Cumberland Wildlife Management Area (NCWMA)--made up of the Royal Blue Wildlife Management Area, the Sundquist Wildlife Management Area, and the New River Wildlife Management Area (also known as the Brimstone Tract Conservation Easement)--and the Emory River Tracts Conservation Easement (ERTCE). The area under consideration for designation encompasses in total approximately 67,326 acres along 505 miles of ridgelines. In accordance with its responsibility to administer the federal coal program in Tennessee, OSMRE must process and make decisions on all petitions submitted to designate areas in the state as unsuitable for surface coal mining operations. The petition includes two primary allegations with numerous allegations of fact and supporting statements. In primary allegation 1, the petitioner contends that the petition area should be designated unsuitable for surface coal mining operations because surface coal mining in the area would be incompatible with existing state or local land use plans or programs. SMCRA 522(a)(3)(A), 30 U.S.C. 1272(a)(3)(A). In primary allegation 2, the petitioner contends that the OSMRE should designate the petition area as unsuitable for surface coal mining operations because such operations would affect fragile or historic lands, resulting in significant damage to important historic, cultural, scientific, and aesthetic values and natural systems. SMCRA 522(a)(3)(B), 30 U.S.C. 1272(a)(3)(B). The Director, OSMRE, is required to make a decision on the petition. The draft EIS currently considers in detail the following alternatives for action by the Secretary: --Alternative 1--do not designate any of the petition area as unsuitable for surface coal mining operations (no-action). There would be no change in types of permits applications accepted for evaluation. --Alternative 2--designate the entire petition area (67,326 acres) as unsuitable for all surface coal mining operations (State's proposed action). No types of surface mining permits applications would be accepted for this area. --Alternative 3--designate the state petition area (67,326 acres) while allowing remining and road access (agency's preferred alternative). The only acceptable types of permits would be permits for remining. --Alternative 4--grant an expanded corridor designation of independently-identified ridgelines within the petition area (76,133 acres) while allowing remining and road access. The only acceptable types of permits would be permits for remining. --Alternative 5--designate lands based on the presence of certain sensitive resources (12,331 acres). No types of surface mining permits would be accepted for this area. --Alternative 6--designate a reduced corridor of 600 feet (39,106 acres). No types of surface mining permits applications would be accepted for this area. In accordance with the applicable regulations under 30 CFR parts 762 and 764 and the requirements of the National Environmental Policy Act of 1969 (NEPA), as amended, OSMRE evaluated the merits of the unsuitability petition and analyzed the impacts of these alternatives. This analysis is reflected in the draft PED/EIS. OSMRE has identified Alternative 3 as its preferred alternative. [[Page 77019]] How do I comment on the DEIS? In accordance with 43 CFR 46.435(a) and 40 CFR 1503.1(a)(4), the public is invited to provide written comments on the draft PED/EIS during the 45-day comment period. Please see ADDRESSES and DATES for more information. OSMRE will review and consider all comments submitted via the methods discussed under ADDRESSES by the close of the comment period (see DATES). OSMRE cannot ensure that comments received after the close of the comment period or at a location other than the office and Web site listed under ADDRESSES will be included in the docket for this DEIS or considered in the development of a final EIS. All comments should refer to a specific portion of the draft PED/ EIS (citation to the chapter, section, page, paragraph, and sentence to which your comment applies would be helpful), be confined to pertinent issues, explain the reason for any recommended change or objection, and include supporting data when appropriate. Before including your address, phone number, or other personally identifiable information in your comment, you should be aware that your entire comment--including your personally identifiable information--may be made publicly available at any time. While you may request in your comment that your personally identifiable information be withheld from public review, OSMRE cannot guarantee that it will be able to do so. In addition, a limited number of CD copies of the DEIS are available upon request. You may obtain a CD by contacting the person identified in FOR FURTHER INFORMATION CONTACT. If you would like to be placed on the mailing list to receive future information on the draft PED/EIS, please contact the person identified in FOR FURTHER INFORMATION CONTACT. Public Hearings OSMRE will hold a series of public hearings on the draft PED/EIS. OSMRE representatives will provide information at each hearing. OSMRE will announce arrangements, specific locations, dates, and times for each hearing in local press releases and on the project Web site at http://www.osmre.gov/programs/rcm/TNLUM.shtm. If you are a disabled individual who needs reasonable accommodation to attend and participate in a public hearing, please contact the person listed under FOR FURTHER INFORMATION CONTACT. A court reporter will be available at each hearing to record your comments if you wish to provide input in this fashion. Authority: 40 CFR 1506.6, 40 CFR 1506.1. Dated: November 20, 2015. Thomas D. Shope, Regional Director, Appalachian Region. [FR Doc. 2015-30981 Filed 12-10-15; 8:45 am] BILLING CODE 4310-05-P
![77018 Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Notices
reflects comments and any additional publication of this Notice in the Federal mining in the area would be
information received during the review Register. incompatible with existing state or local
period. ADDRESSES: Comments may be land use plans or programs. SMCRA
Copies of the final EIR/EIS/EIS are submitted using any of the following 522(a)(3)(A), 30 U.S.C. 1272(a)(3)(A). In
available for public review at the methods: primary allegation 2, the petitioner
following locations: Electronic Comments: http:// contends that the OSMRE should
• State of California, California Tahoe www.osmre.gov/programs/rcm/ designate the petition area as unsuitable
Conservancy, 1061 Third Street, South TNLUM.shtm. Please follow the online for surface coal mining operations
Lake Tahoe, CA 96150. instructions for submitting comments. because such operations would affect
• Tahoe Regional Planning Agency Mail/Hand-Delivery/Courier: Earl D. fragile or historic lands, resulting in
front desk, 128 Market Street, Stateline, Bandy Jr., Director—Knoxville Field significant damage to important historic,
NV 89449. Office, Office of Surface Mining cultural, scientific, and aesthetic values
• Mid-Pacific Regional Library, Reclamation and Enforcement, John J. and natural systems. SMCRA
Bureau of Reclamation, 2800 Cottage Duncan Federal Building, 710 Locust 522(a)(3)(B), 30 U.S.C. 1272(a)(3)(B).
Way, Sacramento, CA 95825. Street, 2nd Floor Knoxville, Tennessee The Director, OSMRE, is required to
Public Disclosure 37902. make a decision on the petition. The
Before including your address, phone You may review the draft PED/EIS draft EIS currently considers in detail
number, email address, or other online at http://www.osmre.gov/ the following alternatives for action by
personal identifying information in any programs/rcm/TNLUM.shtm. You also the Secretary:
correspondence, you should be aware may review these documents in person —Alternative 1—do not designate any of
that your entire correspondence— at the location listed below. the petition area as unsuitable for
including your personal identifying FOR FURTHER INFORMATION CONTACT: Earl surface coal mining operations (no-
information—may be made publicly D. Bandy Jr., Director—Knoxville Field action). There would be no change in
available at any time. While you may Office, Office of Surface Mining types of permits applications accepted
ask us in your correspondence to Reclamation and Enforcement, John J. for evaluation.
withhold your personal identifying Duncan Federal Building, 710 Locust —Alternative 2—designate the entire
information from public review, we Street, 2nd Floor, Knoxville, Tennessee petition area (67,326 acres) as
cannot guarantee that we will be able to 37902. Telephone: 865–545–4103. unsuitable for all surface coal mining
do so. Email: TNLUM@OSMRE.gov. operations (State’s proposed action).
SUPPLEMENTARY INFORMATION: No types of surface mining permits
Dated: November 20, 2015.
Jason R. Phillips, Background applications would be accepted for
this area.
Deputy Regional Director, Mid-Pacific Region. On September 30, 2010, pursuant to —Alternative 3—designate the state
[FR Doc. 2015–31230 Filed 12–10–15; 8:45 am] section 522 of the Surface Mining petition area (67,326 acres) while
BILLING CODE 4332–90–P–P Control and Reclamation Act (SMCRA), allowing remining and road access
30 U.S.C. 1272(c), the State of (agency’s preferred alternative). The
Tennessee filed a petition with OSMRE only acceptable types of permits
DEPARTMENT OF THE INTERIOR to designate certain lands in the state as would be permits for remining.
unsuitable for surface coal mining —Alternative 4—grant an expanded
Office of Surface Mining Reclamation
operations. These lands include the area corridor designation of
and Enforcement
within 600 feet of all ridge lines (a 1,200 independently-identified ridgelines
[S1D1S SS08011000 SX064A000 foot corridor) lying within the North within the petition area (76,133 acres)
167S180110; S2D2S SS08011000 Cumberland Wildlife Management Area
SX064A000 16XS501520] while allowing remining and road
(NCWMA)—made up of the Royal Blue access. The only acceptable types of
Wildlife Management Area, the permits would be permits for
North Cumberland Wildlife Sundquist Wildlife Management Area,
Management Area, Tennessee Lands remining.
and the New River Wildlife
Unsuitable for Mining Draft Petition —Alternative 5—designate lands based
Management Area (also known as the
Evaluation Document and on the presence of certain sensitive
Brimstone Tract Conservation
Environmental Impact Statement OSM– resources (12,331 acres). No types of
Easement)—and the Emory River Tracts
EIS–37 surface mining permits would be
Conservation Easement (ERTCE). The
accepted for this area.
AGENCY: Office of Surface Mining area under consideration for designation
encompasses in total approximately —Alternative 6—designate a reduced
Reclamation and Enforcement, Interior.
67,326 acres along 505 miles of corridor of 600 feet (39,106 acres). No
ACTION: Notice of availability.
ridgelines. In accordance with its types of surface mining permits
SUMMARY: The Office of Surface Mining responsibility to administer the federal applications would be accepted for
Reclamation and Enforcement (OSMRE) coal program in Tennessee, OSMRE this area.
announces that the draft Petition must process and make decisions on all In accordance with the applicable
Evaluation Document and petitions submitted to designate areas in regulations under 30 CFR parts 762 and
Environmental Impact Statement (PED/ the state as unsuitable for surface coal 764 and the requirements of the
EIS) for the North Cumberland Wildlife mining operations. National Environmental Policy Act of
jstallworth on DSK7TPTVN1PROD with NOTICES
Management Area Petition to Find The petition includes two primary 1969 (NEPA), as amended, OSMRE
Certain Lands Unsuitable for Surface allegations with numerous allegations of evaluated the merits of the unsuitability
Coal Mining Operations is available for fact and supporting statements. In petition and analyzed the impacts of
public review and comment. primary allegation 1, the petitioner these alternatives. This analysis is
DATES: Electronic or written comments: contends that the petition area should reflected in the draft PED/EIS.
OSMRE will accept electronic or written be designated unsuitable for surface coal OSMRE has identified Alternative 3
comments within 45 days of the mining operations because surface coal as its preferred alternative.
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![Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Notices 77019
How do I comment on the DEIS? Authority: 40 CFR 1506.6, 40 CFR 1506.1. for this investigation may be viewed on
In accordance with 43 CFR 46.435(a) Dated: November 20, 2015. the Commission’s electronic docket
and 40 CFR 1503.1(a)(4), the public is Thomas D. Shope, (EDIS) at http://edis.usitc.gov.
invited to provide written comments on Regional Director, Appalachian Region. FOR FURTHER INFORMATION CONTACT: The
the draft PED/EIS during the 45-day [FR Doc. 2015–30981 Filed 12–10–15; 8:45 am] Office of Unfair Import Investigations,
comment period. Please see ADDRESSES BILLING CODE 4310–05–P
U.S. International Trade Commission,
and DATES for more information. telephone (202) 205–2560.
OSMRE will review and consider all Authority: The authority for institution of
comments submitted via the methods INTERNATIONAL TRADE this investigation is contained in section 337
discussed under ADDRESSES by the close COMMISSION of the Tariff Act of 1930, as amended, and
of the comment period (see DATES). in section 210.10 of the Commission’s Rules
OSMRE cannot ensure that comments [Investigation No. 337–TA–974] of Practice and Procedure, 19 CFR 210.10
received after the close of the comment (2015).
Certain Aquarium Fittings and Parts
period or at a location other than the Scope of Investigation: Having
Thereof Notice of Institution of
office and Web site listed under considered the complaint, the U.S.
Investigation
ADDRESSES will be included in the International Trade Commission, on
docket for this DEIS or considered in the AGENCY: U.S. International Trade December 7, 2015, ordered that—
development of a final EIS. Commission. (1) Pursuant to subsection (b) of
All comments should refer to a ACTION: Notice. section 337 of the Tariff Act of 1930, as
specific portion of the draft PED/EIS amended, an investigation be instituted
(citation to the chapter, section, page, SUMMARY: Notice is hereby given that a
to determine whether there is a
paragraph, and sentence to which your complaint was filed with the U.S.
violation of subsection (a)(1)(B) of
comment applies would be helpful), be International Trade Commission on
section 337 in the importation into the
confined to pertinent issues, explain the November 6, 2015, under section 337 of
United States, the sale for importation,
reason for any recommended change or the Tariff Act of 1930, as amended, 19
or the sale within the United States after
objection, and include supporting data U.S.C. 1337, on behalf of HYDOR USA
importation of certain aquarium fittings
when appropriate. Inc. of Sacramento, California. Letters
and parts thereof by reason of
Before including your address, phone supplementing the complaint were filed
infringement of one or more of claims
number, or other personally identifiable on November 25, 2015. The complaint
1–9 of the ’846 patent, and whether an
information in your comment, you alleges violations of section 337 based
industry in the United States exists as
should be aware that your entire upon the importation into the United
required by subsection (a)(2) of section
comment—including your personally States, the sale for importation, and the
337;
identifiable information—may be made sale within the United States after
(2) For the purpose of the
publicly available at any time. While importation of certain aquarium fittings
investigation so instituted, the following
you may request in your comment that and parts thereof by reason of
are hereby named as parties upon which
your personally identifiable information infringement of certain claims of U.S.
this notice of investigation shall be
be withheld from public review, Patent No. 8,191,846 (‘‘the ’846 patent’’).
served:
OSMRE cannot guarantee that it will be The complaint further alleges that an (a) The complainant is:
able to do so. industry in the United States exists as
required by subsection (a)(2) of section HYDOR USA Inc., 4740 Northgate
In addition, a limited number of CD Boulevard, Suite 125, Sacramento, CA
copies of the DEIS are available upon 337.
The complainant requests that the 95834.
request. You may obtain a CD by
contacting the person identified in FOR Commission institute an investigation (b) The respondent is the following
FURTHER INFORMATION CONTACT. and, after the investigation, issue a entity alleged to be in violation of
If you would like to be placed on the general exclusion order, or in the section 337, and is the party upon
mailing list to receive future alternative, a limited exclusion order which the complaint is to be served:
information on the draft PED/EIS, please and a cease and desist order. Jebao Co., Ltd., Tongmao Jebao
contact the person identified in FOR ADDRESSES: The complaint, except for Industrical Park, Dongsheng Town,
FURTHER INFORMATION CONTACT. any confidential information contained Zhongshan City, Guangdong province,
therein, is available for inspection China.
Public Hearings during official business hours (8:45 a.m. (c) The Office of Unfair Import
OSMRE will hold a series of public to 5:15 p.m.) in the Office of the Investigations, U.S. International Trade
hearings on the draft PED/EIS. OSMRE Secretary, U.S. International Trade Commission, 500 E Street SW., Suite
representatives will provide information Commission, 500 E Street SW., Room 401, Washington, DC 20436; and
at each hearing. OSMRE will announce 112, Washington, DC 20436, telephone (3) For the investigation so instituted,
arrangements, specific locations, dates, (202) 205–2000. Hearing impaired the Chief Administrative Law Judge,
and times for each hearing in local press individuals are advised that information U.S. International Trade Commission,
releases and on the project Web site at on this matter can be obtained by shall designate the presiding
http://www.osmre.gov/programs/rcm/ contacting the Commission’s TDD Administrative Law Judge.
TNLUM.shtm. If you are a disabled terminal on (202) 205–1810. Persons Responses to the complaint and the
individual who needs reasonable with mobility impairments who will notice of investigation must be
jstallworth on DSK7TPTVN1PROD with NOTICES
accommodation to attend and need special assistance in gaining access submitted by the named respondent in
participate in a public hearing, please to the Commission should contact the accordance with section 210.13 of the
contact the person listed under FOR Office of the Secretary at (202) 205– Commission’s Rules of Practice and
FURTHER INFORMATION CONTACT. A court 2000. General information concerning Procedure, 19 CFR 210.13. Pursuant to
reporter will be available at each the Commission may also be obtained 19 CFR 201.16(e) and 210.13(a), such
hearing to record your comments if you by accessing its Internet server at responses will be considered by the
wish to provide input in this fashion. http://www.usitc.gov. The public record Commission if received not later than 20
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Document Created: 2018-03-02 09:13:38
Document Modified: 2018-03-02 09:13:38
| 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 | Notices | |
| Action | Notice of availability. | |
| Dates | Electronic or written comments: OSMRE will accept electronic or written comments within 45 days of the publication of this Notice in the Federal Register. | |
| Contact | Earl D. Bandy Jr., Director--Knoxville Field Office, Office of Surface Mining Reclamation and Enforcement, John J. Duncan Federal Building, 710 Locust Street, 2nd Floor, Knoxville, Tennessee 37902. Telephone: 865-545-4103. Email: [email protected] | |
| FR Citation | 80 FR 77018 |
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