81 FR 75146 - North Cumberland Wildlife Management Area, Tennessee Lands Unsuitable for Mining Final Petition Evaluation Document and Environmental Impact Statement OSM-EIS-37
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement Federal Register Volume 81, Issue 209 (October 28, 2016)
Office of Surface Mining Reclamation and Enforcement
Federal Register Volume 81, Issue 209 (October 28, 2016)
| Page Range | 75146-75147 | |
| FR Document | 2016-25868 |
[Federal Register Volume 81, Number 209 (Friday, October 28, 2016)] [Notices] [Pages 75146-75147] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25868] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement [S1D1S SS08011000 SX064A000 178S180110; S2D2S SS08011000 SX064A000 17XS501520] North Cumberland Wildlife Management Area, Tennessee Lands Unsuitable for Mining Final Petition Evaluation Document and Environmental Impact Statement OSM-EIS-37 AGENCY: Office of Surface Mining Reclamation and Enforcement. ACTION: Notice of availability; final environmental impact statement. ----------------------------------------------------------------------- SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSMRE) announces that the final 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: The OSMRE will not issue a final decision of the proposal for a minimum of 30 days after the date that the Environmental Protection Agency publishes the Notice of Availability in the Federal Register. ADDRESSES: Copies of the Final PED/EIS for the Project may be viewed online at http://www.osmre.gov/programs/rcm/TNLUM.shtm. In addition, a limited number of CD copies of the Final PED/EIS are available upon request. You may obtain a CD by contacting the person identified in FOR FURTHER INFORMATION CONTACT. 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 ext. 186. Email: [email protected]. SUPPLEMENTARY INFORMATION: Background On September 30, 2010, pursuant to the Surface Mining Control and Reclamation Act, 30 U.S.C. 1272 (c) (SMCRA), the State of Tennessee filed a petition with the Office of Surface Mining and Reclamation and Enforcement (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)--comprised 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), encompassing approximately 67,326 acres and 505 miles of ridgelines. In Tennessee, OSMRE has operated a Federal regulatory program as the primary regulator under SMCRA since October 1984, when the state repealed its surface mining law; therefore, in accordance with its responsibility in administering the Federal program in Tennessee, the 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 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 Final PED/EIS considers in detail the following alternatives for action by the Director: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 permit 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 permit applications would be accepted for this area. Alternative 3--designate the state petition area (67,326 acres) as unsuitable for surface coal mining operations that are not remining. Under this alternative, remining could continue to be permitted on a case-by-case basis. 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) as unsuitable for surface coal mining operations that are not remining (agency's preferred alternative). Under this alternative, remining could continue to be permitted on a case-by-case basis. The only acceptable types of permits would be permits for remining. Alternative 5--designate lands as unsuitable for surface coal mining 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 would be accepted for this area. [[Page 75147]] 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 Final PED/EIS, which notes the potential impacts of the project and alternatives on earth resources (geology, topography and physiography), air quality and greenhouse gases, groundwater, surface water, wetlands, vegetation, fish and wildlife including special status species, land use, aesthetics including visual resources and soundscapes, socioeconomics and environmental justice, cultural resources including archaeological, historic and ethnographic resources, and public health and safety. Mitigation measures to be included as part of project implementation will be noted in the final decision. In accordance with Department of the Interior regulations (43 CFR 46.425), OSMRE identified Alternative 3 as the preferred alternative in the Draft EIS. However, based on public and agency comments, as well as the state's input, OSMRE has now identified alternative 4 as the preferred alternative because it is the most consistent with the state's request. OSMRE reached that decision based on its analysis and conclusion that the ``agency's preferred alternative'' is the alternative the agency believes would best accomplish the purpose of and need for action, and fulfill its statutory mission and responsibilities, while still giving consideration to economic, environmental, technical, and other factors. Alternative 4 is also the environmentally preferred alternative because of its long-term environmental benefits. The OSMRE will prepare a Record of Decision (ROD) for the proposed petition after a 30-day period following publication of the NOA. Authority: 40 CFR 1506.6, 40 CFR 1506.1. Dated: October 7, 2016. Thomas D. Shope, Regional Director, Appalachian Region. [FR Doc. 2016-25868 Filed 10-27-16; 8:45 am] BILLING CODE 4310-05-P
![75146 Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Notices
1864–1865 MPS), Address Restricted, Environmental Impact Statement (PED/ The petition includes two primary
Roscoe, 16000776 EIS) for the North Cumberland Wildlife allegations with numerous allegations of
NEW JERSEY Management Area Petition to Find fact and supporting statements. In
Certain Lands Unsuitable for Surface primary allegation 1, the petitioner
Sussex County
Coal Mining Operations is available for contends that the petition area should
Evans—Waters Cottage, 11 Grandview Rd., public review and comment. be designated unsuitable for surface coal
Lake Wallkill, Vernon Township, mining operations because mining in
16000777 DATES: The OSMRE will not issue a final
decision of the proposal for a minimum the area would be incompatible with
NEW YORK of 30 days after the date that the existing state or local land use plans or
Dutchess County Environmental Protection Agency programs. SMCRA 522(a)(3)(A), 30
publishes the Notice of Availability in U.S.C. 1272(a)(3)(A). In primary
Poughkeepsie and Connecticut Stanfordville
Station, 5–15 Old Depot Way, the Federal Register. allegation 2, the petitioner contends that
Stanfordville, 16000778 the OSMRE should designate the
ADDRESSES: Copies of the Final PED/EIS
petition area as unsuitable for surface
Monroe County for the Project may be viewed online at
coal mining operations because such
Maplewood Historic District (Boundary http://www.osmre.gov/programs/rcm/
operations would affect fragile or
Increase), 21–267 Alameda, 26–284 TNLUM.shtm. In addition, a limited
historic lands, resulting in significant
Albemarle, 21–148 Augustine, 36–68 Birr number of CD copies of the Final PED/
damage to important historic, cultural,
Sts., 1–9, Burke Terrace, 1136–1212 Dewey EIS are available upon request. You may
Ave., Rochester, 16000779 scientific, and aesthetic values and
obtain a CD by contacting the person
natural systems. SMCRA 522(a)(3)(B),
New York County identified in FOR FURTHER INFORMATION
30 U.S.C. 1272(a)(3)(B).
CONTACT.
Hudson Theatre, 139–141 W. 44th St., New The Director, OSMRE, is required to
York, 16000780 FOR FURTHER INFORMATION CONTACT: Earl make a decision on the petition. The
WYOMING D. Bandy Jr., Director-Knoxville Field Final PED/EIS considers in detail the
Office, Office of Surface Mining following alternatives for action by the
Washakie County Reclamation and Enforcement, John J. Director:
Saban, James T., Lookout, Duncan Federal Building, 710 Locust • Alternative 1—do not designate any
Approx. .9 mi. SW. of US 16 & FS Rd. 429, Street, 2nd Floor, Knoxville, Tennessee of the petition area as unsuitable for
Ten Sleep, 16000781 37902. Telephone: 865–545–4103 ext. surface coal mining operations (no-
A request for removal has been received for 186. Email: TNLUM@osmre.gov. action). There would be no change in
the following resource:
SUPPLEMENTARY INFORMATION: types of permit applications accepted
NEBRASKA for evaluation.
Background • Alternative 2—designate the entire
Cedar County
On September 30, 2010, pursuant to petition area (67,326 acres) as
Bow Valley Mills, N. of Wynot, Wynot,
78003402 the Surface Mining Control and unsuitable for all surface coal mining
Reclamation Act, 30 U.S.C. 1272 (c) operations (state’s proposed action). No
Authority: 60.13 of 36 CFR part 60. types of surface mining permit
(SMCRA), the State of Tennessee filed a
Dated: October 7, 2016. petition with the Office of Surface applications would be accepted for this
Christopher Hetzel, Mining and Reclamation and area.
Acting Chief, National Register of Historic Enforcement (OSMRE) to designate • Alternative 3—designate the state
Places/National Historic Landmarks Program. certain lands in the state as unsuitable petition area (67,326 acres) as
[FR Doc. 2016–26056 Filed 10–27–16; 8:45 am] for surface coal mining operations. unsuitable for surface coal mining
BILLING CODE 4312–52–P These lands include the area within 600 operations that are not remining. Under
feet of all ridge lines (a 1,200 foot this alternative, remining could
corridor) lying within the North continue to be permitted on a case-by-
DEPARTMENT OF THE INTERIOR Cumberland Wildlife Management Area case basis. The only acceptable types of
(NCWMA)—comprised of the Royal permits would be permits for remining.
Office of Surface Mining Reclamation Blue Wildlife Management Area, the • Alternative 4—grant an expanded
and Enforcement Sundquist Wildlife Management Area, corridor designation of independently
[S1D1S SS08011000 SX064A000 and the New River Wildlife identified ridgelines within the petition
178S180110; S2D2S SS08011000 Management Area (also known as the area (76,133 acres) as unsuitable for
SX064A000 17XS501520] Brimstone Tract Conservation surface coal mining operations that are
Easement)—and the Emory River Tracts not remining (agency’s preferred
North Cumberland Wildlife Conservation Easement (ERTCE), alternative). Under this alternative,
Management Area, Tennessee Lands encompassing approximately 67,326 remining could continue to be permitted
Unsuitable for Mining Final Petition acres and 505 miles of ridgelines. In on a case-by-case basis. The only
Evaluation Document and Tennessee, OSMRE has operated a acceptable types of permits would be
Environmental Impact Statement OSM– Federal regulatory program as the permits for remining.
EIS–37 primary regulator under SMCRA since • Alternative 5—designate lands as
AGENCY: Office of Surface Mining October 1984, when the state repealed unsuitable for surface coal mining based
its surface mining law; therefore, in on the presence of certain sensitive
mstockstill on DSK3G9T082PROD with NOTICES
Reclamation and Enforcement.
ACTION: Notice of availability; final accordance with its responsibility in resources (12,331 acres). No types of
environmental impact statement. administering the Federal program in surface mining permits would be
Tennessee, the OSMRE must process accepted for this area.
SUMMARY: The Office of Surface Mining and make decisions on all petitions • Alternative 6—designate a reduced
Reclamation and Enforcement (OSMRE) submitted to designate areas in the state corridor of 600 feet (39,106 acres). No
announces that the final Petition as unsuitable for surface coal mining types of surface mining permits would
Evaluation Document and operations. be accepted for this area.
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![Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Notices 75147
In accordance with the applicable DEPARTMENT OF LABOR 66644, October 27, 2011) 1 and based
regulations under 30 CFR parts 762 and upon the entire record, the Department
764 and the requirements of the Employee Benefits Security makes the following findings:
National Environmental Policy Act of Administration (a) The exemption is administratively
1969 (NEPA), as amended, OSMRE feasible;
Exemptions From Certain Prohibited (b) The exemption is in the interests
evaluated the merits of the unsuitability
Transaction Restrictions of the plan and its participants and
petition and analyzed the impacts of
beneficiaries; and
these alternatives. This analysis is AGENCY:Employee Benefits Security (c) The exemption is protective of the
reflected in the Final PED/EIS, which Administration, Labor. rights of the participants and
notes the potential impacts of the beneficiaries of the plan.
project and alternatives on earth ACTION: Grant of individual exemptions.
resources (geology, topography and Royal Bank of Canada (Together With
physiography), air quality and SUMMARY: This document contains Its Current and Future Affiliates, RBC
exemptions issued by the Department of or the Applicant), Located in Toronto,
greenhouse gases, groundwater, surface
Labor (the Department) from certain of Ontario, Canada
water, wetlands, vegetation, fish and
the prohibited transaction restrictions of
wildlife including special status species, [Prohibited Transaction Exemption 2016–10;
the Employee Retirement Income Exemption Application No. D–11868]
land use, aesthetics including visual Security Act of 1974 (ERISA or the Act)
resources and soundscapes, and/or the Internal Revenue Code of Temporary Exemption
socioeconomics and environmental 1986 (the Code). This notice includes
justice, cultural resources including Section I—Covered Transactions
the following: 2016–10, Royal Bank of
archaeological, historic and Canada, D–11868; 2016–11, Northern Certain entities with specified
ethnographic resources, and public Trust Corporation, D–11875; and, 2016– relationships to Royal Bank of Canada
health and safety. Mitigation measures 12, Extension of PTE 2015–15 involving Trust Company (Bahamas) Limited
to be included as part of project Deutsche Bank AG, D–11879. (RBCTC Bahamas) (hereinafter, the RBC
implementation will be noted in the QPAMs, as further defined in Section
SUPPLEMENTARY INFORMATION: A notice II(b)) will not be precluded from relying
final decision.
was published in the Federal Register of on the exemptive relief provided by
In accordance with Department of the the pendency before the Department of Prohibited Transaction Exemption (PTE)
Interior regulations (43 CFR 46.425), a proposal to grant such exemption. The 84–14,2 notwithstanding a judgment of
OSMRE identified Alternative 3 as the notice set forth a summary of facts and conviction against RBCTC Bahamas for
preferred alternative in the Draft EIS. representations contained in the aiding and abetting tax fraud, to be
However, based on public and agency application for exemption and referred entered in France in the District Court
comments, as well as the state’s input, interested persons to the application for of Paris (the Conviction, as further
OSMRE has now identified alternative 4 a complete statement of the facts and defined in Section II(a)),3 for a period of
as the preferred alternative because it is representations. The application has up to twelve months beginning on the
the most consistent with the state’s been available for public inspection at date of the Conviction (the Conviction
request. OSMRE reached that decision the Department in Washington, DC. The Date), provided that the following
based on its analysis and conclusion notice also invited interested persons to conditions are satisfied:
that the ‘‘agency’s preferred alternative’’ submit comments on the requested (a) The RBC QPAMs (including their
is the alternative the agency believes exemption to the Department. In officers, directors, agents other than
would best accomplish the purpose of addition the notice stated that any RBC, and employees of such RBC
and need for action, and fulfill its interested person might submit a QPAMs) did not know of, have reason
statutory mission and responsibilities, written request that a public hearing be to know of, or participate in the
while still giving consideration to held (where appropriate). The applicant criminal conduct of RBCTC Bahamas
has represented that it has complied that is the subject of the Conviction (for
economic, environmental, technical,
with the requirements of the notification purposes of this paragraph (a),
and other factors. Alternative 4 is also
to interested persons. No requests for a ‘‘participate in’’ includes the knowing
the environmentally preferred hearing were received by the or tacit approval of the misconduct
alternative because of its long-term Department. Public comments were underlying the Conviction);
environmental benefits. received by the Department as described (b) The RBC QPAMs (including their
The OSMRE will prepare a Record of in the granted exemption. officers, directors, agents other than
Decision (ROD) for the proposed The notice of proposed exemption RBC, and employees of such RBC
petition after a 30-day period following was issued and the exemption is being 1 The Department has considered exemption
publication of the NOA. granted solely by the Department applications received prior to December 27, 2011
Authority: 40 CFR 1506.6, 40 CFR 1506.1. because, effective December 31, 1978, under the exemption procedures set forth in 29 CFR
section 102 of Reorganization Plan No. part 2570, subpart B (55 FR 32836, 32847, August
Dated: October 7, 2016. 10, 1990).
4 of 1978, 5 U.S.C. App. 1 (1996),
Thomas D. Shope, transferred the authority of the Secretary
2 49 FR 9494 (March 13, 1984), as corrected at 50
FR 41430 (October 10, 1985), as amended at 70 FR
Regional Director, Appalachian Region. of the Treasury to issue exemptions of 49305 (August 23, 2005), and as amended at 75 FR
[FR Doc. 2016–25868 Filed 10–27–16; 8:45 am] the type proposed to the Secretary of 38837 (July 6, 2010).
mstockstill on DSK3G9T082PROD with NOTICES
BILLING CODE 4310–05–P Labor. 3 Section I(g) of PTE 84–14 generally provides
that ‘‘[n]either the QPAM nor any affiliate thereof
Statutory Findings . . . nor any owner . . . of a 5 percent or more
interest in the QPAM is a person who within the
In accordance with section 408(a) of 10 years immediately preceding the transaction has
the Act and/or section 4975(c)(2) of the been either convicted or released from
imprisonment, whichever is later, as a result of’’
Code and the procedures set forth in 29 certain felonies including income tax evasion, and
CFR part 2570, subpart B (76 FR 66637, aiding and abetting tax evasion.
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Document Created: 2018-02-13 16:39:58
Document Modified: 2018-02-13 16:39:58
| 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; final environmental impact statement. | |
| Dates | The OSMRE will not issue a final decision of the proposal for a minimum of 30 days after the date that the Environmental Protection Agency publishes the Notice of Availability 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 ext. 186. Email: [email protected] | |
| FR Citation | 81 FR 75146 |
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