81 FR 74302 - Alabama Regulatory Program
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement Federal Register Volume 81, Issue 207 (October 26, 2016)
Office of Surface Mining Reclamation and Enforcement
Federal Register Volume 81, Issue 207 (October 26, 2016)
| Page Range | 74302-74304 | |
| FR Document | 2016-25869 |
[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)] [Rules and Regulations] [Pages 74302-74304] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25869] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 901 [SATS No. AL-079-FOR; Docket ID: OSMRE-2016-0005; S1D1S SS08011000 SX064A000 178S180110; S2D2S SS08011000 SX064A000 17XS501520] Alabama Regulatory Program 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 Alabama regulatory program (Alabama program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Alabama proposed revisions to its Program to closely follow the Federal regulations regarding awarding of appropriate costs and expenses including attorneys' fees. Alabama is revising its program to be no less effective than the Federal regulations. DATES: Effective Date: October 26, 2016. FOR FURTHER INFORMATION CONTACT: Sherry Wilson, Director, Birmingham Field Office, Office of Surface Mining Reclamation and Enforcement, 135 Gemini Circle, Suite 215, Homewood, AL 35209. Telephone: (205) 290- 7282. Email: [email protected]. SUPPLEMENTARY INFORMATION: I. Background on the Alabama Program II. Submission of the Amendment III. OSMRE's Findings IV. Summary and Disposition of Comments V. OSMRE's Decision VI. 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 and 901.15. II. Submission of the 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. We announced receipt of the proposed amendment in the May 20, 2016, Federal Register (81 FR 31881). In the same document, we opened the public comment period and provided an opportunity for a public hearing or meeting on the adequacy of the amendment. We did not hold a public hearing or meeting because no one requested one. The public comment period ended on June 20, 2016. We received one public comment (Administrative Record No. AL-0669-04) that is addressed in the ``Public Comments'' section of part IV. Summary and Disposition of Comments. III. OSMRE's Findings We are approving the amendment as described below. The following are the findings we made concerning Alabama's amendment under SMCRA and the Federal regulations at 30 CFR 732.15 and 732.17. Any revisions that we do not specifically discuss below concerning non-substantive wording or editorial changes can be found in the full text of the program amendment available at www.regulations.gov. 1. Alabama Code 880-X-5A-.35--Assessment of Costs Alabama revised this section to allow any party the opportunity to be awarded costs and expenses by a final appellate body. Additionally, language was added to protect the public by including a ``bad faith'' clause so that expenses may only be assessed against any person in favor of the permittee or the regulatory authority upon demonstration that the [[Page 74303]] person initiated or participated in the proceedings in bad faith for the purpose of harassing or embarrassing the permittee or the regulatory authority. We find that Alabama's revision regarding awarding of expenses protects the public in a manner that is no less effective that the counterpart Federal regulations at 43 CFR 4.1294. Therefore, we are approving Alabama's revision. IV. Summary and Disposition of Comments Public Comments We asked for public comments on the amendment and received one (Administrative Record No. AL-0669-04), which is discussed below. A comment was received supporting the approval of the proposed amendment in order to bring the Alabama program into compliance with SMCRA and correcting deficiencies in Alabama's program which created hardship for citizens, citizen-based groups, and others, by putting them at risk of potentially having to pay substantial fees if they challenged a permit or other decision covered by Alabama's regulations. We agree with this comment and are approving the amendment. Federal Agency Comments On April 7, 2016, under 30 CFR 732.17(h)(11)(i) and section 503(b) of SMCRA, we requested comments on the amendment from various Federal agencies with an actual or potential interest in the Alabama program (Administrative Record No. AL-0669-03). We did not receive any comments. Environmental Protection Agency (EPA) Concurrence and Comments Under 30 CFR 732.17(h)(11)(ii), we are required to get a written concurrence from EPA for those provisions of the program amendment that relate to air or water quality standards issued under the authority of the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.). None of the revisions that Alabama proposed to make in this amendment pertain to air or water quality standards. Therefore, we did not ask EPA to concur on the amendment. However, on April 7, 2016, under 30 CFR 732.17(h)(11)(i), we requested comments from the EPA on the amendment (Administrative Record No. AL-0669-03). The EPA did not respond to our request. State Historical Preservation Officer (SHPO) and the Advisory Council on Historic Preservation (ACHP) Under 30 CFR 732.17(h)(4), we are required to request comments from the SHPO and ACHP on amendments that may have an effect on historic properties. On April 7, 2016, we requested comments on Alabama's amendment (Administrative Record No. AL-0669-03), but neither the SHPO nor ACHP responded to our request. V. OSMRE's Decision Based on the above findings, we approve the amendment Alabama sent us on March 18, 2016 (Administrative Record No. AL-0669). To implement this decision, we are amending the Federal regulations, at 30 CFR part 901, that codify decisions concerning the Alabama program. We find that good cause exists under 5 U.S.C. 553(d)(3) to make this final rule effective immediately. Section 503(a) of SMCRA requires that the State's program demonstrate that the State has the capability of carrying out the provisions of the Act and meeting its purposes. Making this rule effective immediately will expedite that process. SMCRA requires consistency of State and Federal standards. VI. Procedural Determinations Executive Order 12630--Takings This rulemaking does not have takings implications. This determination is based on the analysis performed for the counterpart Federal regulation. 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. Executive Order 12988--Civil Justice Reform The Department of the Interior has conducted the reviews required by section 3 of Executive Order 12988 and has determined that this rulemaking meets the applicable standards of subsections (a) and (b) of that section. However, these standards are not applicable to the actual language of State regulatory programs and program amendments because each program is drafted and promulgated by a specific State, not by OSMRE. Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and the Federal regulations at 30 CFR 730.11, 732.15, and 732.17(h)(10), decisions on proposed State regulatory programs and program amendments submitted by the States must be based solely on a determination of whether the submittal is consistent with SMCRA and its implementing Federal regulations and whether the other requirements of 30 CFR parts 730, 731, and 732 have been met. Executive Order 13132--Federalism This rulemaking does not have Federalism implications. SMCRA delineates the roles of the Federal and State governments with regard to the regulation of surface coal mining and reclamation operations. One of the purposes of SMCRA is to ``establish a nationwide program to protect society and the environment from the adverse effects of surface coal mining operations.'' Section 503(a)(1) of SMCRA requires that State laws regulating surface coal mining and reclamation operations be ``in accordance with'' the requirements of SMCRA, and section 503(a)(7) requires that State programs contain rules and regulations ``consistent with'' regulations issued by the Secretary pursuant to SMCRA. Executive Order 13175--Consultation and Coordination With Indian Tribal Governments In accordance with Executive Order 13175, we have evaluated the potential effects of this rulemaking on Federally-recognized Indian tribes and have determined that the rulemaking 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. The basis for this determination is that our decision is on a State regulatory program and does not involve Federal regulations involving Indian lands. 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 rulemaking 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. Because this rulemaking is exempt from review 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 This rulemaking does not require an environmental impact statement because section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency [[Page 74304]] decisions on proposed State regulatory program provisions do not constitute major Federal actions within the meaning of section 102(2)(C) of the National Environmental Policy Act (42 U.S.C. 4332(2)(C)). Paperwork Reduction Act This rulemaking does not contain information collection requirements that require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 3507 et seq.). Regulatory Flexibility Act The Department of the Interior certifies that this rulemaking 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.). The State submittal, which is the subject of this rulemaking, is based upon counterpart Federal regulations for which an economic analysis was prepared and certification made that such regulations would not have a significant economic effect upon a substantial number of small entities. In making the determination as to whether this rulemaking would have a significant economic impact, the Department relied upon the data and assumptions for the counterpart Federal regulations. Small Business Regulatory Enforcement Fairness Act This rulemaking is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This rulemaking: (a) Does 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) does 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. This determination is based upon the fact that the State submittal, which is the subject of this rulemaking, is based upon counterpart Federal regulations for which an analysis was prepared and a determination made that the Federal regulation was not considered a major rulemaking. Unfunded Mandates This rulemaking 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. This determination is based upon the fact that the State submittal, which is the subject of this rulemaking, is based upon counterpart Federal regulations for which an analysis was prepared and a determination made that the Federal regulation did not impose an unfunded mandate. List of Subjects in 30 CFR Part 901 Intergovernmental relations, Surface mining, Underground mining. Dated: July 14, 2016. Sterling Rideout, Acting Regional Director, Mid-Continent Region. For the reasons set out in the preamble, 30 CFR part 901 is amended as set forth below: PART 901--ALABAMA 0 1. The authority citation for part 901 continues to read as follows: Authority: 30 U.S.C. 1201 et seq. 0 2. Section 901.15 is amended in the table by adding an entry in chronological order by ``Date of final publication'' to read as follows: Sec. 901.15 Approval of Alabama regulatory program amendments. * * * * * ------------------------------------------------------------------------ Original amendment submission Date of final Citation/ date publication description ------------------------------------------------------------------------ * * * * * * * March 18, 2016.................. October 26, 2016.. Alabama Code 880-X- 5A-.35. ------------------------------------------------------------------------ Editorial note: This document was received for publication by the Office of the Federal Register on October 21, 2016. [FR Doc. 2016-25869 Filed 10-25-16; 8:45 am] BILLING CODE 4310-05-P
![74302 Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Rules and Regulations
V. Analysis of Environmental Impact Authority: 15 U.S.C. 402, 409; 21 U.S.C. by demonstrating that its program
321, 331, 335, 342, 343, 346a, 348, 351, 352, includes, among other things, State laws
We have determined under 21 CFR 355, 360b, 361, 362, 371, 372, 374; 42 U.S.C.
25.30(h) that this action is of a type that and regulations that govern surface coal
7671 et seq. mining and reclamation operations in
does not individually or cumulatively
have a significant effect on the human § 2.125 [Amended] accordance with the Act and consistent
environment. Therefore, neither an with the Federal regulations. See 30
■ 2. In § 2.125, remove and reserve U.S.C. 1253(a)(1) and (7). On the basis
environmental assessment nor an paragraphs (e)(4)(vi) and (ix).
environmental impact statement is of these criteria, the Secretary of the
Dated: October 20, 2016. Interior conditionally approved the
required.
Leslie Kux, Alabama program effective May 20,
VI. Paperwork Reduction Act of 1995 Associate Commissioner for Policy. 1982. You can find background
FDA concludes that this direct final [FR Doc. 2016–25851 Filed 10–25–16; 8:45 am] information on the Alabama program,
rule contains no collection of BILLING CODE 4164–01–P
including the Secretary’s findings, the
information. Therefore, clearance by the disposition of comments, and the
Office of Management and Budget under conditions of approval of the Alabama
the Paperwork Reduction Act of 1995 is DEPARTMENT OF THE INTERIOR program in the May 20, 1982, Federal
not required. Register (47 FR 22030). You can also
Office of Surface Mining Reclamation find later actions concerning the
VII. Federalism Alabama program and program
and Enforcement
We have analyzed this final rule in amendments at 30 CFR 901.10 and
accordance with the principles set forth 30 CFR Part 901 901.15.
in Executive Order 13132. We have II. Submission of the Amendment
[SATS No. AL–079–FOR; Docket ID:
determined that this final rule does not
OSMRE–2016–0005; S1D1S SS08011000 By letter dated March 18, 2016
contain policies that have substantial SX064A000 178S180110; S2D2S
direct effects on the States, on the (Administrative Record No. AL–0669),
SS08011000 SX064A000 17XS501520]
relationship between the National Alabama sent us an amendment to its
Government and the States, or on the Alabama Regulatory Program program under SMCRA (30 U.S.C. 1201
distribution of power and et seq.) at its own initiative.
responsibilities among the various AGENCY: Office of Surface Mining We announced receipt of the
levels of government. Accordingly, we Reclamation and Enforcement, Interior. proposed amendment in the May 20,
conclude that the rule does not contain ACTION: Final rule; approval of 2016, Federal Register (81 FR 31881). In
policies that have federalism amendment. the same document, we opened the
implications as defined in the Executive public comment period and provided an
SUMMARY: We, the Office of Surface opportunity for a public hearing or
order and, consequently, a federalism Mining Reclamation and Enforcement
summary impact statement is not meeting on the adequacy of the
(OSMRE), are approving an amendment amendment. We did not hold a public
required. to the Alabama regulatory program hearing or meeting because no one
VIII. References (Alabama program) under the Surface requested one. The public comment
The following reference is on display Mining Control and Reclamation Act of period ended on June 20, 2016. We
in the Division of Dockets Management 1977 (SMCRA or the Act). Alabama received one public comment
(see ADDRESSES) and is available for proposed revisions to its Program to (Administrative Record No. AL–0669–
viewing by interested persons between closely follow the Federal regulations 04) that is addressed in the ‘‘Public
9 a.m. and 4 p.m., Monday through regarding awarding of appropriate costs Comments’’ section of part IV. Summary
Friday; it is also available electronically and expenses including attorneys’ fees. and Disposition of Comments.
at http://www.regulations.gov. FDA has Alabama is revising its program to be no
less effective than the Federal III. OSMRE’s Findings
verified the Web site address as of the
date this document publishes in the regulations. We are approving the amendment as
Federal Register, but Web sites are DATES: Effective Date: October 26, 2016. described below. The following are the
subject to change over time. FOR FURTHER INFORMATION CONTACT:
findings we made concerning Alabama’s
Sherry Wilson, Director, Birmingham amendment under SMCRA and the
1. Bryan Corporation (http:// Federal regulations at 30 CFR 732.15
listings.findthecompany.com/l/ Field Office, Office of Surface Mining
Reclamation and Enforcement, 135 and 732.17. Any revisions that we do
12165972/Bryan-Corporation-in-
Woburn-MA, accessed on February 24, Gemini Circle, Suite 215, Homewood, not specifically discuss below
2016). AL 35209. Telephone: (205) 290–7282. concerning non-substantive wording or
Email: swilson@osmre.gov. editorial changes can be found in the
List of Subjects in 21 CFR Part 2 full text of the program amendment
SUPPLEMENTARY INFORMATION:
Administrative practice and available at www.regulations.gov.
I. Background on the Alabama Program
procedure, Cosmetics, Drugs, Foods. II. Submission of the Amendment 1. Alabama Code 880–X–5A–.35—
Therefore, under the Federal Food, III. OSMRE’s Findings Assessment of Costs
Drug, and Cosmetic Act and under IV. Summary and Disposition of Comments
V. OSMRE’s Decision Alabama revised this section to allow
authority delegated to the Commissioner
VI. Procedural Determinations any party the opportunity to be awarded
of Food and Drugs, 21 CFR part 2 is
costs and expenses by a final appellate
amended as follows:
Lhorne on DSK30JT082PROD with RULES
I. Background on the Alabama Program body. Additionally, language was added
PART 2—GENERAL ADMINISTRATIVE Section 503(a) of the Act permits a to protect the public by including a
RULINGS AND DECISIONS State to assume primacy for the ‘‘bad faith’’ clause so that expenses may
regulation of surface coal mining and only be assessed against any person in
■ 1. The authority citation for part 2 reclamation operations on non-Federal favor of the permittee or the regulatory
continues to read as follows: and non-Indian lands within its borders authority upon demonstration that the
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![74304 Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Rules and Regulations
decisions on proposed State regulatory Small Business Regulatory Enforcement is the subject of this rulemaking, is
program provisions do not constitute Fairness Act based upon counterpart Federal
major Federal actions within the regulations for which an analysis was
This rulemaking is not a major rule
meaning of section 102(2)(C) of the prepared and a determination made that
under 5 U.S.C. 804(2), the Small
National Environmental Policy Act (42 the Federal regulation did not impose
Business Regulatory Enforcement
U.S.C. 4332(2)(C)). an unfunded mandate.
Fairness Act. This rulemaking: (a) Does
Paperwork Reduction Act not have an annual effect on the List of Subjects in 30 CFR Part 901
This rulemaking does not contain economy of $100 million; (b) will not
cause a major increase in costs or prices Intergovernmental relations, Surface
information collection requirements that
for consumers, individual industries, mining, Underground mining.
require approval by OMB under the
Paperwork Reduction Act (44 U.S.C. Federal, State, or local government Dated: July 14, 2016.
3507 et seq.). agencies, or geographic regions; and (c) Sterling Rideout,
does not have significant adverse effects Acting Regional Director, Mid-Continent
Regulatory Flexibility Act on competition, employment, Region.
The Department of the Interior investment, productivity, innovation, or
certifies that this rulemaking will not the ability of U.S.-based enterprises to For the reasons set out in the
have a significant economic impact on compete with foreign-based enterprises. preamble, 30 CFR part 901 is amended
a substantial number of small entities This determination is based upon the as set forth below:
under the Regulatory Flexibility Act (5 fact that the State submittal, which is
U.S.C. 601 et seq.). The State submittal, the subject of this rulemaking, is based PART 901—ALABAMA
which is the subject of this rulemaking, upon counterpart Federal regulations for
is based upon counterpart Federal which an analysis was prepared and a ■ 1. The authority citation for part 901
regulations for which an economic determination made that the Federal continues to read as follows:
analysis was prepared and certification regulation was not considered a major Authority: 30 U.S.C. 1201 et seq.
made that such regulations would not rulemaking.
have a significant economic effect upon ■ 2. Section 901.15 is amended in the
Unfunded Mandates
a substantial number of small entities. table by adding an entry in
In making the determination as to This rulemaking will not impose an chronological order by ‘‘Date of final
whether this rulemaking would have a unfunded mandate on State, local, or publication’’ to read as follows:
significant economic impact, the tribal governments or the private sector
Department relied upon the data and of $100 million or more in any given § 901.15 Approval of Alabama regulatory
assumptions for the counterpart Federal year. This determination is based upon program amendments.
regulations. the fact that the State submittal, which * * * * *
Original amendment submission date Date of final publication Citation/description
* * * * * * *
March 18, 2016 ...................................... October 26, 2016 ................................... Alabama Code 880–X–5A–.35.
Editorial note: This document was SUPPLEMENTARY INFORMATION: New New prices will be located on the
received for publication by the Office of the prices will be posted under Docket Postal Explorer® Web site at http://
Federal Register on October 21, 2016. Number CP2017–20 on the Postal pe.usps.com.
[FR Doc. 2016–25869 Filed 10–25–16; 8:45 am] Regulatory Commission’s Web site at
Global Express Guaranteed
BILLING CODE 4310–05–P http://www.prc.gov.
This final rule describes the Global Express Guaranteed (GXG)
international price and classification provides fast international shipping
POSTAL SERVICE changes and the corresponding mailing with international transportation and
standards changes for the following delivery provided by FedEx Express®.
39 CFR Part 20 Competitive Services: The price increase for GXG service
• Global Express Guaranteed® averages 4.9 percent.
International Product and Price The Postal Service continues to
Changes (GXG®);
• International Priority Airmail® provide Commercial Base pricing to
AGENCY: Postal ServiceTM. (IPA®); online customers who prepare and pay
ACTION: Final rule. • International Surface Air Lift® for GXG shipments via USPS®-approved
(ISAL®); payment methods, with variable
SUMMARY: The Postal Service is revising discounts up to 5 percent off the
Mailing Standards of the United States • Direct Sacks of Printed Matter to
published retail prices for GXG.
Postal Service, International Mail One Addressee (Airmail M-bag®); and
The Postal Service also continues to
Manual (IMM®), to reflect the prices, • International Extra Services: offer Commercial Plus pricing
product features, and classification Æ Priority Mail Express International® incentives for large volume customers
Lhorne on DSK30JT082PROD with RULES
changes to Competitive Services, as (PMEI) Insurance and Priority Mail who commit to tendering $100,000 in
established by the Governors of the International® (PMI) Insurance, annual postage revenue from GXG,
Postal Service. Æ Registered MailTM Service, Priority Mail Express International
DATES: Effective date: January 22, 2017. Æ International Postal Money Orders, (PMEI), Priority Mail International
FOR FURTHER INFORMATION CONTACT: and (PMI), and First-Class Package
Paula Rabkin at 202–268–2537. • Pickup on Demand®. International Service® (FCPIS®) via
VerDate Sep<11>2014 15:02 Oct 25, 2016 Jkt 241001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\26OCR1.SGM 26OCR1](https://thefederalregister.org/doc/81_FR_74509/page/3.svg)
Document Created: 2016-10-26 02:17:49
Document Modified: 2016-10-26 02:17:49
| 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. | |
| Contact | Sherry Wilson, Director, Birmingham Field Office, Office of Surface Mining Reclamation and Enforcement, 135 Gemini Circle, Suite 215, Homewood, AL 35209. Telephone: (205) 290- 7282. Email: [email protected] | |
| FR Citation | 81 FR 74302 | |
| CFR Associated | Intergovernmental Relations; Surface Mining and Underground Mining |
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