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)

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.

[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]


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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.

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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.

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  Original amendment submission      Date of final         Citation/
              date                    publication         description
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                              * * * * * * *
March 18, 2016..................  October 26, 2016..  Alabama Code 880-X-
                                                       5A-.35.
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    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