81 FR 31881 - Alabama Regulatory Program
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement Federal Register Volume 81, Issue 98 (May 20, 2016)
Office of Surface Mining Reclamation and Enforcement
Federal Register Volume 81, Issue 98 (May 20, 2016)
| Page Range | 31881-31883 | |
| FR Document | 2016-11246 |
[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)] [Proposed Rules] [Pages 31881-31883] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-11246] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 901 [SATS No. AL-079-FOR; Docket ID: OSM-2016-0005; S1D1S SS08011000 SX064A000 166S180110; S2D2S SS08011000 SX064A000 16XS501520] 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. ----------------------------------------------------------------------- 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 to closely follow the Federal regulations regarding awarding of appropriate costs and expenses including attorneys' fees. 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.t., June 20, 2016. If requested, we will hold a public hearing on the amendment on June 14, 2016. We will accept requests to speak at a hearing until 4:00 p.m., c.t. on June 6, 2016. ADDRESSES: You may submit comments, identified by SATS No. AL-079-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-2016-0005. 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 [[Page 31882]] 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, State laws and regulations that govern surface coal mining and reclamation operations in accordance with the Act and consistent with the Federal regulations. 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 March 18, 2016 (Administrative Record No. AL-0669), 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. Alabama Code 880-X-5A-.35--Assessment of Costs Alabama proposes to revise language providing appropriate costs and expenses to any party only if a person initiated or participated in a proceeding in bad faith for the purpose of harassing or embarrassing the permittee or State Regulatory Authority. III. Public Comment Procedures Under the provisions of 30 CFR 732.17(h), we are seeking your comments on whether the amendment 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.t. on June 6, 2016. 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 rulemaking 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, [[Page 31883]] 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: April 7, 2016. Ervin J. Barchenger, Regional Director, Mid-Continent Region. [FR Doc. 2016-11246 Filed 5-19-16; 8:45 am] BILLING CODE 4310-05-P
![Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Proposed Rules 31881
billion, much of which involves non- Public Hearing DEPARTMENT OF THE INTERIOR
parent guarantees.
We will not hold a public hearing on Office of Surface Mining Reclamation
Several large coal companies have the petition. The petitioner did not
filed for bankruptcy protection. These and Enforcement
request a hearing and we have
companies provided, and several States
determined under 30 CFR 700.12(c) that 30 CFR Part 901
elected to accept, over $2.4 billion in
no hearing is necessary.
self-bonds to ensure that lands and [SATS No. AL–079–FOR; Docket ID: OSM–
waters impacted by coal mining were V. Procedural Matters and Required 2016–0005; S1D1S SS08011000 SX064A000
restored. Several large coal mining Determinations 166S180110; S2D2S SS08011000
companies have recently filed for SX064A000 16XS501520]
bankruptcy, raising concerns for State This notice of availability is not a
proposed or final rule, policy, or Alabama Regulatory Program
regulators, OSMRE, the Department of
the Interior, Members of Congress, guidance. Therefore, it is not subject to AGENCY: Office of Surface Mining
citizens and many other stakeholders. the Regulatory Flexibility Act, the Small Reclamation and Enforcement, Interior.
There is a concern about whether Business Regulatory Enforcement ACTION: Proposed rule; public comment
disturbed coal mines will be reclaimed Fairness Act, the Paperwork Reduction period and opportunity for public
by the bankrupt companies; whether the Act, the Unfunded Mandates Reform hearing on proposed amendment.
bankrupt companies will abandon their Act, or Executive Orders 12866, 13563,
12630, 13132, 12988, 13175, and 13211. SUMMARY: We, the Office of Surface
legal obligations to restore impacted Mining Reclamation and Enforcement
lands and waters; whether the costs to We will conduct the analyses required
by these laws and executive orders only (OSMRE), are announcing receipt of a
restore the land and water will be proposed amendment to the Alabama
shifted to taxpayers; and, whether the if we decide to grant the petition and
regulatory program (Alabama program)
existing regulations are adequate to develop a proposed rule.
under the Surface Mining Control and
protect people, communities, and the In developing this notice of Reclamation Act of 1977 (SMCRA or the
environment as envisioned by Congress availability, we did not conduct or use Act). Alabama proposes revisions to its
when it enacted SMCRA. a study, experiment, or survey requiring Program to closely follow the Federal
OSMRE will evaluate whether the peer review under the Information regulations regarding awarding of
changes proposed in the rulemaking Quality Act (Pub. L. 106–554, section appropriate costs and expenses
petition are necessary or adequate to 15). including attorneys’ fees.
address deficiencies in the current This notice of availability is not This document gives the times and
regulations and practices. We ask all locations that the Alabama program and
subject to the requirement to prepare an
States, stakeholders and the public to proposed amendment to that program
Environmental Assessment or
consider whether the changes proposed are available for your inspection, the
Environmental Impact Statement under
by petitioners, or other changes beyond comment period during which you may
the National Environmental Policy Act submit written comments on the
what the petitioners have proposed,
(NEPA), 42 U.S.C. 4332(2)(C), because amendment, and the procedures that we
should be made. We also request you
no proposed action, as described in 40 will follow for the public hearing, if one
articulate what those changes should be
and why they should be made. CFR 1508.18(a) and (b), yet exists. This is requested.
notice of availability only seeks public DATES: We will accept written
We will review and consider all comment on whether the Director
comments submitted to the addresses comments on this amendment until 4:00
should grant the petition and initiate p.m., c.t., June 20, 2016. If requested, we
listed above (see ADDRESSES) by the rulemaking. If the Director ultimately
close of the comment period (see will hold a public hearing on the
grants the petition, we will prepare the amendment on June 14, 2016. We will
DATES).
appropriate NEPA compliance accept requests to speak at a hearing
Please include the Docket ID ‘‘OSM– documents as part of the rulemaking until 4:00 p.m., c.t. on June 6, 2016.
2016–0006’’ at the beginning of all process. ADDRESSES: You may submit comments,
written comments. We cannot ensure
List of Subjects in 30 CFR Part 800 identified by SATS No. AL–079–FOR by
that comments received after the close
any of the following methods:
of the comment period (see DATES) or at • Mail/Hand Delivery: Sherry Wilson,
locations other than those listed above Environmental protection, Bonding
and Insurance requirements, Surface Director, Birmingham Field Office,
(see ADDRESSES) will be included in the Office of Surface Mining Reclamation
docket or considered in the coal mining, Reclamation.
and Enforcement, 135 Gemini Circle,
development of a proposed rule. Dated: May 9, 2016.
Suite 215, Homewood, Alabama 35209
Public Availability of Comments Joseph G. Pizarchik, • Fax: (205) 290–7280
Director, Office of Surface Mining • Federal eRulemaking Portal: The
Before including your address, phone Reclamation and Enforcement. amendment has been assigned Docket
number, or other personal identifying [FR Doc. 2016–11755 Filed 5–19–16; 8:45 am] ID OSM–2016–0005. If you would like
information in your comment, you BILLING CODE 4310–05–P to submit comments go to http://
should be aware that your entire www.regulations.gov. Follow the
mstockstill on DSK3G9T082PROD with PROPOSALS
comment—including your personal instructions for submitting comments.
identifying information—may be made Instructions: All submissions received
publicly available at any time. While must include the agency name and
you can ask us in your comment to docket number for this rulemaking. For
withhold your personal identifying detailed instructions on submitting
information from public review, we comments and additional information
cannot guarantee that we will be able to on the rulemaking process, see the
do so. ‘‘Public Comment Procedures’’ heading
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![Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Proposed Rules 31883
approved in part, or not approved. At Andrew Prescott, Sector Ohio Valley, regulation is necessary, to select
that time, we will also make the U.S. Coast Guard; telephone 502–779– regulatory approaches that maximize
determinations and certifications 5334, email Andrew.J.Prescott@uscg.mil. net benefits. E.O. 13563 emphasizes the
required by the various laws and SUPPLEMENTARY INFORMATION: importance of quantifying both costs
executive orders governing the and benefits, of reducing costs, of
rulemaking process and include them in I. Table of Abbreviations harmonizing rules, and of promoting
the final rule. CFR Code of Federal Regulations flexibility. This NPRM has not been
DHS Department of Homeland Security designated a ‘‘significant regulatory
List of Subjects in 30 CFR Part 901 E.O. Executive order action,’’ under E.O. 12866. Accordingly,
Intergovernmental relations, Surface FR Federal Register the NPRM has not been reviewed by the
mining, Underground mining. NPRM Notice of proposed rulemaking Office of Management and Budget.
U.S.C. United States Code This regulatory action determination
Dated: April 7, 2016.
Ervin J. Barchenger, II. Background, Purpose, and Legal is based on the size, location, duration,
Basis and time-of-day of the special local
Regional Director, Mid-Continent Region.
regulation. Moreover, the Coast Guard
[FR Doc. 2016–11246 Filed 5–19–16; 8:45 am] On January 29, 2016, the Breakwater would issue a Broadcast Notice to
BILLING CODE 4310–05–P Powerboat Association notified the Mariners via VHF–FM marine channel
Coast Guard that it will be sponsoring 16 about the regulated area, and the rule
a high-speed boat race from 7:30 a.m. to would allow vessels to seek permission
DEPARTMENT OF HOMELAND 6:30 p.m. on June 18, 2016. Alternate to enter the regulated area.
SECURITY time and date will be from 10:00 a.m.
to 2:00 p.m. June 19, 2016. The boat race B. Impact on Small Entities
Coast Guard will take place at Ohio River mile 492.0 The Regulatory Flexibility Act of
to 495.5 in the vicinity of Lawrenceburg, 1980, 5 U.S.C. 601–612, as amended,
33 CFR Part 100 IN. The Captain of the Port Ohio Valley requires Federal agencies to consider
[Docket Number USCG–2016–0158] (COTP) has determined that potential the potential impact of regulations on
hazards associated with a high- speed small entities during rulemaking. The
RIN 1625–AA08 regatta would be a safety concern for term ‘‘small entities’’ comprises small
anyone within in the regulated area. businesses, not-for-profit organizations
Special Local Regulation; Ohio River, The purpose of this rulemaking is to that are independently owned and
Lawrenceburg, IN ensure the safety of vessels, spectators operated and are not dominant in their
AGENCY: Coast Guard, DHS. and the navigable waters within the fields, and governmental jurisdictions
ACTION: Notice of proposed rulemaking. regulated area before, during, and after with populations of less than 50,000.
the scheduled event. The Coast Guard The Coast Guard certifies under 5 U.S.C.
SUMMARY: The Coast Guard proposes to proposes this rulemaking under 605(b) that this proposed rule would not
establish a special local regulation for authority in 33 U.S.C. 1231. have a significant economic impact on
all waters of the Ohio River, surface to a substantial number of small entities.
bottom, extending from Ohio River mile III. Discussion of Proposed Rule While some owners or operators of
492.0 to 495.5 at Lawrenceburg, IN, June The COTP proposes to establish a vessels intending to transit the regulated
18, 2016 with an alternate date of June special local regulation from 7:30 a.m. area may be small entities, for the
19, 2016. This special local regulation is to 6:30 p.m. on June 18, 2016. The reasons stated in section IV.A above this
necessary to provide for the safety of life special local regulation would cover all proposed rule would not have a
on these navigable waters near navigable waters of the Ohio River from significant economic impact on any
Lawrenceburg, IN, during a high-speed mile 492.0 to 495.5 in Lawrenceburg, vessel owner or operator.
boat race on June 18, 2016. This IN. The duration of the regulated area is If you think that your business,
proposed rulemaking would prohibit intended to ensure the safety of vessels, organization, or governmental
persons and vessels from being in the spectators and these navigable waters jurisdiction qualifies as a small entity
regulated area unless authorized by the before, during, and after the scheduled and that this rule would have a
Captain of the Port Ohio Valley or a high-speed regatta. No vessel or person significant economic impact on it,
designated representative. We invite would be permitted to enter the please submit a comment (see
your comments on this proposed regulated area without obtaining ADDRESSES) explaining why you think it
rulemaking. permission from the COTP or a qualifies and how and to what degree
designated representative. The this rule would economically affect it.
DATES: Comments and related material
regulatory text we are proposing appears Under section 213(a) of the Small
must be received by the Coast Guard on
at the end of this document. Business Regulatory Enforcement
or before June 6, 2016.
Fairness Act of 1996 (Pub. L. 104–121),
ADDRESSES: You may submit comments IV. Regulatory Analyses we want to assist small entities in
identified by docket number USCG– We developed this proposed rule after understanding this proposed rule. If the
2016–0158 using the Federal considering numerous statutes and rule would affect your small business,
eRulemaking Portal at http:// executive orders (E.O.s) related to organization, or governmental
www.regulations.gov. See the ‘‘Public rulemaking. Below we summarize our jurisdiction and you have questions
mstockstill on DSK3G9T082PROD with PROPOSALS
Participation and Request for analyses based on a number of these concerning its provisions or options for
Comments’’ portion of the statutes and E.O.s, and we discuss First compliance, please contact the person
SUPPLEMENTARY INFORMATION section for listed in the FOR FURTHER INFORMATION
Amendment rights of protestors.
further instructions on submitting CONTACT section. The Coast Guard will
comments. A. Regulatory Planning and Review not retaliate against small entities that
FOR FURTHER INFORMATION CONTACT: If E.O.s 12866 and 13563 direct agencies question or complain about this
you have questions about this proposed to assess the costs and benefits of proposed rule or any policy or action of
rulemaking, call or email Petty Officer available regulatory alternatives and, if the Coast Guard.
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Document Created: 2016-05-20 01:59:44
Document Modified: 2016-05-20 01:59:44
| 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.t., June 20, 2016. If requested, we will hold a public hearing on the amendment on June 14, 2016. We will accept requests to speak at a hearing until 4:00 p.m., c.t. on June 6, 2016. | |
| Contact | Sherry Wilson, Director, Birmingham Field Office. Telephone: (205) 290-7282. Email: [email protected] | |
| FR Citation | 81 FR 31881 | |
| CFR Associated | Intergovernmental Relations; Surface Mining and Underground Mining |
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