82 FR 58559 - Oklahoma Regulatory Program
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement Federal Register Volume 82, Issue 238 (December 13, 2017)
Office of Surface Mining Reclamation and Enforcement
Federal Register Volume 82, Issue 238 (December 13, 2017)
| Page Range | 58559-58562 | |
| FR Document | 2017-26843 |
[Federal Register Volume 82, Number 238 (Wednesday, December 13, 2017)] [Rules and Regulations] [Pages 58559-58562] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26843] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 936 [SATS No. OK-037-FOR; Docket ID: OSM-2015-0006; S1D1S SS08011000 SX064A000 189S180110; S2D2S SS08011000 SX064A000 18XS501520] Oklahoma 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 Oklahoma regulatory program (Oklahoma program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Oklahoma proposed revisions to its regulations regarding: Permit eligibility for permits with violations on lands eligible for remining; permit suspension or rescission posting locations and appeal procedures; requiring GPS coordinates for aspects of permit maps; topsoil removal distances; blasting records requirements; annual reporting requirements; temporary cessation of operations requirements; casing and sealing temporary underground openings; right of entry requirements; surface drainage associated with auger mining; correcting reference errors; updating addresses; and correcting spelling and grammatical errors. Oklahoma intended to revise its program to be no less effective than the Federal regulations and to improve operational efficiency. DATES: The effective date is January 12, 2018. FOR FURTHER INFORMATION CONTACT: Bill Joseph, Director, Tulsa Field Office, Office of Surface Mining Reclamation and Enforcement, 1645 South 101st East Avenue, Suite 145, Tulsa, Oklahoma 74128-4629. Telephone: 918-581-6431 ext. 230. Email: [email protected]. SUPPLEMENTARY INFORMATION: I. Background on the Oklahoma 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 Oklahoma 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 Oklahoma program on January 19, 1981. You can find background information on the Oklahoma program, including the Secretary's findings, the disposition of comments, and the conditions of approval of the Oklahoma program in the January 19, 1981, Federal Register (46 FR 4902). You can also find later actions concerning the Oklahoma program and program amendments at 30 CFR 936.10, 936.15, and 936.16. II. Submission of the Amendment By letter dated September 25, 2015 (Administrative Record No. OK- 1003), Oklahoma sent us an amendment to its program under SMCRA (30 U.S.C. 1201 et seq.). Oklahoma submitted the proposed amendment on its own initiative. We announced receipt of the proposed amendment in the February 8, 2016, Federal Register (81 FR 6477). 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 March 9, 2016. We did not receive any comments. III. OSMRE's Findings We are approving the amendment as described below. The following are the findings we made concerning Oklahoma'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. Subchapter 15. Requirements for Permits and Permit Processing Oklahoma removed paragraphs 460:20-15-6.7(a)(2)(A) and (B) regarding permit eligibility and unabated violations at remining sites issued before September 30, 2004, and added language to paragraph (a)(2) to substantively match the Federal requirements of 30 CFR 773.13(a)(2). Oklahoma modified section 460:20-15-10.1(c) regarding the suspension and rescission appeal process so that it substantively matches the counterpart Federal regulations at 30 CFR 773.23(c). Additionally, Oklahoma modified 460:20-15-10.1(d) and added paragraph (e) to substantively match the requirements of 30 CFR 773.23 (d). We find that Oklahoma's changes to this subchapter substantively match the counterpart Federal requirements and do not make its rules or regulations less effective than the Federal requirements. Therefore, we are approving Oklahoma's revisions. 2. Subchapter 29. Underground Mining Permit Applications: Minimum Requirements for Information on Environmental Resources Oklahoma added the requirement for GPS coordinates for each building on permit application maps in section 460:20-29-10(4). Although there is no [[Page 58560]] direct counterpart Federal regulation requiring this, the addition does not make Oklahoma's regulations less effective than the Federal requirements for general map requirements at 30 CFR 783.24. Oklahoma added the permitting requirement to list the depth to mined coal in section 460:20-29-11(a)(5). Although there is no direct counterpart Federal regulation requiring this, the addition does not make Oklahoma's regulations less effective than the Federal requirements for map cross sections, maps, and plans at 30 CFR 783.25. We find that Oklahoma's changes to this subchapter, although not specifically required by the counterpart Federal regulations, do not make its regulations less effective than the Federal requirements. Therefore, we are approving Oklahoma's revisions. 3. Subchapter 43. Permanent Program Performance Standards: Surface Mining Standards Oklahoma added paragraph 460:20-43-7(a)(1) requiring that topsoil be removed a minimum of 60 feet or one pit width, whichever is less, in advance of the active pit. Although there is no specific requirement in the counterpart Federal regulations at 30 CFR 816.22, this addition does not make Oklahoma's regulations less effective than the Federal requirements. Oklahoma added new language to section 460:20-43-23 regarding blasting records. Oklahoma added the requirement that operators maintain the names of blasting crew members, expiration date of blaster's certification, a digital video of each blast, and drill logs. Although there is no specific requirement regarding this in the counterpart Federal regulations at 30 CFR 816.68, these additions do not make Oklahoma's regulations less effective than the Federal requirements. Oklahoma added new language regarding annual reporting requirements for contemporaneous reclamation in section 460:20-43-37(2). Although there is no specific requirement regarding this in the counterpart Federal regulations, these additions do not make Oklahoma's regulations less effective than the Federal requirements. Oklahoma added new language regarding qualification standards for temporary cessation of operations in section 460:20-43-49(a) and (c). For a site to qualify for temporary cessation, Oklahoma will now require that minable coal be available under a valid lease and it must be located within or adjacent to the current permit area. Additionally, other requirements have been added if temporary cessation exceeds twelve months. Although there are no specific requirements regarding this in the counterpart Federal regulations at 30 CFR 816.131, these additions do not make Oklahoma's regulations less effective than the Federal requirements. We find that Oklahoma's changes to this subchapter, although not specifically required, do not make its rules or regulations less effective than the Federal requirements. Therefore, we are approving Oklahoma's revisions. 4. Subchapter 45. Permanent Program Performance Standards: Underground Mining Activities Oklahoma added paragraph 460:20-45-5(c) regarding casing and sealing underground openings during temporary cessation of operations. The language added is similar to that contained in the counterpart Federal regulation at 817.15. This addition does not make Oklahoma's regulations less effective than the Federal requirements. Oklahoma added language regarding right of entry information in section 460:20-45-17(b). The new language requires proof that the applicant has legal rights to enter and begin underground coal mining and reclamation operations. Although there is no specific counterpart Federal requirement for underground mining permit applications, the language added is similar to the requirements for surface mining permit applications found in 30 CFR 778.15. This addition does not make Oklahoma's regulations less effective than the Federal requirements. We find that Oklahoma's changes do not make its rules or regulations less effective than the Federal requirements. Therefore, we are approving Oklahoma's revision. 5. Subchapter 47. Special Permanent Program Performance Standards: Auger Mining Oklahoma added new paragraph 460:20-47-4(d) requiring surface drainage to be directed away from highwalls during augering operations. There is no direct Federal counterpart to this requirement within 30 CFR 819. This addition does not make Oklahoma's regulations less effective than the Federal requirements. We find that Oklahoma's changes do not make its rules or regulations less effective than the Federal requirements. Therefore, we are approving Oklahoma's revision. IV. Summary and Disposition of Comments Public Comments We asked for public comments on the amendment but did not receive any. Federal Agency Comments On October 15, 2015, 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 Oklahoma program (Administrative Record No. OK-1003.01). 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 Oklahoma 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 October 15, 2015, under 30 CFR 732.17(h)(11)(i), we requested comments from the EPA on the amendment (Administrative Record No. OK-1003.01). 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 October 15, 2015, we requested comments on the amendment (Administrative Record No. OK-1003.01). We did not receive any comments. V. OSMRE's Decision Based on the above findings, we approve the amendment Oklahoma sent us on September 25, 2015 (Administrative Record No. OK-1003). To implement this decision, we are amending the Federal regulations, at 30 CFR part 936, that codify decisions concerning the Oklahoma program. In accordance with the Administrative Procedure Act, this rule will take effect 30 days after the date of publication. 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 [[Page 58561]] purposes. 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 Pursuant to Office of Management and Budget (OMB) Guidance dated October 12, 1993, the approval of state program amendments is exempted from OMB review under Executive Order 12866. Executive Order 12988--Civil Justice Reform The Department of the Interior has reviewed this rule as required by section 3(a) of Executive Order 12988. The Department determined that this Federal Register notice meets the criteria of Section 3 of Executive Order 12988, which is intended to ensure that the agency review its legislation and proposed regulations to eliminate drafting errors and ambiguity; that the agency write its legislation and regulations to minimize litigation; and that the agency's legislation and regulations provide a clear legal standard for affected conduct rather than a general standard, and promote simplification and burden reduction. Because section 3 focuses on the quality of Federal legislation and regulations, the Department limited its review under this Executive Order to the quality of this Federal Register notice and to changes to the Federal regulations. The review under this Executive Order did not extend to the language of the State regulatory program or to the program amendment that the State of Oklahoma drafted. Executive Order 13132--Federalism This rule is not a ``[p]olicy that [has] Federalism implications'' as defined by section 1(a) of Executive Order 13132 because it does not have ``substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.'' Instead, this rule approves an amendment to the Oklahoma program submitted and drafted by that State. OSMRE reviewed the submission with fundamental federalism principles in mind as set forth in sections 2 and 3 of the Executive Order and with the principles of cooperative federalism set forth in SMCRA. See, e.g., 30 U.S.C. 1201(f). As such, pursuant to section 503(a)(1) and (7) (30 U.S.C. 1253(a)(1) and (7)), OSMRE reviewed the program amendment to ensure that it is ``in accordance with'' the requirements of SMCRA and ``consistent with'' the 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 Executive Order 13211 of May 18, 2001, which requires agencies to prepare a Statement of Energy Effects for a rule 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 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 rulemaking 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 rule. 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 936 Intergovernmental relations, Surface mining, Underground mining. [[Page 58562]] Dated: September 12, 2017. Alfred L. Clayborne, Regional Director, Mid-Continent Region. For the reasons set out in the preamble, 30 CFR part 936 is amended as set forth below: PART 936--OKLAHOMA 0 1. The authority citation for part 936 continues to read as follows: Authority: 30 U.S.C. 1201 et seq. 0 2. Section 936.15 is amended in the table by adding a new entry in chronological order by ``Date of final publication'' to read as follows: Sec. 936.15 Approval of Oklahoma regulatory program amendments. * * * * * ---------------------------------------------------------------------------------------------------------------- Original amendment submission date Date of final publication Citation/description ---------------------------------------------------------------------------------------------------------------- * * * * * * * September 25, 2015...................... December 13, 2017...................... OAC 460:20-15-6.7(a)(2)(A) and (B), 10.1(c), (d), and (e); 20-29-10(4) and 11(a)(5); 20-43-7(a)(1), 23, 37(2), 49(a), and (c); 20-45- 5(c) and 17(b); and 20-47- 4(d). ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2017-26843 Filed 12-12-17; 8:45 a.m.] BILLING CODE 4310-05-P
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competition, employment, investment, 1977 (SMCRA or the Act). Oklahoma II. Submission of the Amendment
productivity, innovation, or on the proposed revisions to its regulations By letter dated September 25, 2015
ability of United States-based regarding: Permit eligibility for permits (Administrative Record No. OK–1003),
enterprises to compete with foreign with violations on lands eligible for Oklahoma sent us an amendment to its
based enterprises in domestic and remining; permit suspension or program under SMCRA (30 U.S.C. 1201
export markets.’’ However, pursuant to rescission posting locations and appeal et seq.). Oklahoma submitted the
the CRA, the DEA has submitted a copy procedures; requiring GPS coordinates proposed amendment on its own
of this order to both Houses of Congress for aspects of permit maps; topsoil initiative.
and to the Comptroller General. removal distances; blasting records We announced receipt of the
List of Subjects in 21 CFR Part 1308 requirements; annual reporting proposed amendment in the February 8,
requirements; temporary cessation of 2016, Federal Register (81 FR 6477). In
Administrative practice and operations requirements; casing and the same document, we opened the
procedure, Drug traffic control, sealing temporary underground public comment period and provided an
Reporting and recordkeeping openings; right of entry requirements; opportunity for a public hearing or
requirements. surface drainage associated with auger meeting on the adequacy of the
For the reasons set out above, 21 CFR mining; correcting reference errors; amendment. We did not hold a public
part 1308 is amended as follows: updating addresses; and correcting hearing or meeting because no one
spelling and grammatical errors. requested one. The public comment
PART 1308—SCHEDULES OF Oklahoma intended to revise its period ended on March 9, 2016. We did
CONTROLLED SUBSTANCES program to be no less effective than the not receive any comments.
Federal regulations and to improve
■ 1. The authority citation for part 1308 III. OSMRE’s Findings
operational efficiency.
continues to read as follows: We are approving the amendment as
Authority: 21 U.S.C. 811, 812, 871(b), DATES: The effective date is January 12, described below. The following are the
956(b), unless otherwise noted. 2018. findings we made concerning
■ 2. Amend § 1308.11 by: FOR FURTHER INFORMATION CONTACT: Bill Oklahoma’s amendment under SMCRA
■ a. Redesignating paragraphs (b)(40) Joseph, Director, Tulsa Field Office, and the Federal regulations at 30 CFR
through (57) as (b)(41) through (58); Office of Surface Mining Reclamation 732.15 and 732.17. Any revisions that
■ b. Adding new paragraph (b)(40). and Enforcement, 1645 South 101st East we do not specifically discuss below
The addition reads as follows: Avenue, Suite 145, Tulsa, Oklahoma concerning non-substantive wording or
74128–4629. Telephone: 918–581–6431 editorial changes can be found in the
§ 1308.11 Schedule I. ext. 230. Email: bjoseph@osmre.gov. full text of the program amendment
* * * * * available at www.regulations.gov.
(b) * * * SUPPLEMENTARY INFORMATION:
1. Subchapter 15. Requirements for
(40) MT–45 (1-cyclohexyl-4-(1,2- I. Background on the Oklahoma Program Permits and Permit Processing
diphenylethyl)piperazine) . . . (9560) II. Submission of the Amendment
III. OSMRE’s Findings
Oklahoma removed paragraphs
* * * * * 460:20–15–6.7(a)(2)(A) and (B)
IV. Summary and Disposition of Comments
Dated: December 5, 2017. regarding permit eligibility and
V. OSMRE’s Decision
Robert W. Patterson, VI. Procedural Determinations unabated violations at remining sites
Acting Administrator. issued before September 30, 2004, and
[FR Doc. 2017–26853 Filed 12–12–17; 8:45 am] I. Background on the Oklahoma added language to paragraph (a)(2) to
BILLING CODE 4410–09–P
Program substantively match the Federal
requirements of 30 CFR 773.13(a)(2).
Section 503(a) of the Act permits a Oklahoma modified section 460:20–
State to assume primacy for the 15–10.1(c) regarding the suspension and
DEPARTMENT OF THE INTERIOR regulation of surface coal mining and rescission appeal process so that it
reclamation operations on non-Federal substantively matches the counterpart
Office of Surface Mining Reclamation and non-Indian lands within its borders
and Enforcement Federal regulations at 30 CFR 773.23(c).
by demonstrating that its program Additionally, Oklahoma modified
includes, among other things, State laws 460:20–15–10.1(d) and added paragraph
30 CFR Part 936 and regulations that govern surface coal (e) to substantively match the
[SATS No. OK–037–FOR; Docket ID: OSM– mining and reclamation operations in requirements of 30 CFR 773.23 (d).
2015–0006; S1D1S SS08011000 SX064A000 accordance with the Act and consistent We find that Oklahoma’s changes to
189S180110; S2D2S SS08011000 with the Federal regulations. See 30 this subchapter substantively match the
SX064A000 18XS501520] U.S.C. 1253(a)(1) and (7). On the basis counterpart Federal requirements and
of these criteria, the Secretary of the do not make its rules or regulations less
Oklahoma Regulatory Program
Interior conditionally approved the effective than the Federal requirements.
AGENCY: Office of Surface Mining Oklahoma program on January 19, 1981. Therefore, we are approving Oklahoma’s
Reclamation and Enforcement, Interior. You can find background information revisions.
ACTION: Final rule; approval of on the Oklahoma program, including
the Secretary’s findings, the disposition 2. Subchapter 29. Underground Mining
amendment.
sradovich on DSK3GMQ082PROD with RULES
of comments, and the conditions of Permit Applications: Minimum
SUMMARY: We, the Office of Surface approval of the Oklahoma program in Requirements for Information on
Mining Reclamation and Enforcement the January 19, 1981, Federal Register Environmental Resources
(OSMRE), are approving an amendment (46 FR 4902). You can also find later Oklahoma added the requirement for
to the Oklahoma regulatory program actions concerning the Oklahoma GPS coordinates for each building on
(Oklahoma program) under the Surface program and program amendments at 30 permit application maps in section
Mining Control and Reclamation Act of CFR 936.10, 936.15, and 936.16. 460:20–29–10(4). Although there is no
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purposes. SMCRA requires consistency SMCRA. See, e.g., 30 U.S.C. 1201(f). As Regulatory Flexibility Act
of State and Federal standards. such, pursuant to section 503(a)(1) and
(7) (30 U.S.C. 1253(a)(1) and (7)), The Department of the Interior
VI. Procedural Determinations certifies that this rulemaking will not
OSMRE reviewed the program
Executive Order 12630—Takings amendment to ensure that it is ‘‘in have a significant economic impact on
This rulemaking does not have accordance with’’ the requirements of a substantial number of small entities
takings implications. This SMCRA and ‘‘consistent with’’ the under the Regulatory Flexibility Act (5
determination is based on the analysis regulations issued by the Secretary U.S.C. 601 et seq.). The State submittal,
performed for the counterpart Federal pursuant to SMCRA. which is the subject of this rulemaking,
regulation. is based upon counterpart Federal
Executive Order 13175—Consultation regulations for which an economic
Executive Order 12866—Regulatory and Coordination With Indian Tribal analysis was prepared and certification
Planning and Review Governments made that such regulations would not
Pursuant to Office of Management and have a significant economic effect upon
In accordance with Executive Order
Budget (OMB) Guidance dated October a substantial number of small entities.
13175, we have evaluated the potential
12, 1993, the approval of state program In making the determination as to
effects of this rulemaking on Federally-
amendments is exempted from OMB whether this rulemaking would have a
review under Executive Order 12866. recognized Indian tribes and have
determined that the rulemaking does significant economic impact, the
Executive Order 12988—Civil Justice not have substantial direct effects on Department relied upon the data and
Reform one or more Indian tribes, on the assumptions for the counterpart Federal
The Department of the Interior has relationship between the Federal regulations.
reviewed this rule as required by section Government and Indian tribes, or on the Small Business Regulatory Enforcement
3(a) of Executive Order 12988. The distribution of power and Fairness Act
Department determined that this responsibilities between the Federal
Federal Register notice meets the Government and Indian tribes. The basis This rulemaking is not a major
criteria of Section 3 of Executive Order for this determination is that our rulemaking under 5 U.S.C. 804(2), the
12988, which is intended to ensure that decision is on a State regulatory Small Business Regulatory Enforcement
the agency review its legislation and program and does not involve Federal Fairness Act. This rulemaking: (a) Does
proposed regulations to eliminate regulations involving Indian lands. not have an annual effect on the
drafting errors and ambiguity; that the economy of $100 million; (b) Will not
agency write its legislation and Executive Order 13211—Regulations
That Significantly Affect the Supply, cause a major increase in costs or prices
regulations to minimize litigation; and for consumers, individual industries,
that the agency’s legislation and Distribution, or Use of Energy
Federal, State, or local government
regulations provide a clear legal
Executive Order 13211 of May 18, agencies, or geographic regions; and (c)
standard for affected conduct rather
2001, which requires agencies to Does not have significant adverse effects
than a general standard, and promote
simplification and burden reduction. prepare a Statement of Energy Effects for on competition, employment,
Because section 3 focuses on the quality a rule that is (1) considered significant investment, productivity, innovation, or
of Federal legislation and regulations, under Executive Order 12866, and (2) the ability of U.S.-based enterprises to
the Department limited its review under likely to have a significant adverse effect compete with foreign-based enterprises.
this Executive Order to the quality of on the supply, distribution, or use of This determination is based upon the
this Federal Register notice and to energy. Because this rulemaking is fact that the State submittal, which is
changes to the Federal regulations. The exempt from review under Executive the subject of this rulemaking, is based
review under this Executive Order did Order 12866 and is not expected to have upon counterpart Federal regulations for
not extend to the language of the State a significant adverse effect on the which an analysis was prepared and a
regulatory program or to the program supply, distribution, or use of energy, a determination made that the Federal
amendment that the State of Oklahoma Statement of Energy Effects is not regulation was not considered a major
drafted. required. rule.
Executive Order 13132—Federalism National Environmental Policy Act Unfunded Mandates
This rule is not a ‘‘[p]olicy that [has] This rulemaking does not require an
Federalism implications’’ as defined by This rulemaking will not impose an
environmental impact statement unfunded mandate on State, local, or
section 1(a) of Executive Order 13132 because section 702(d) of SMCRA (30
because it does not have ‘‘substantial tribal governments or the private sector
U.S.C. 1292(d)) provides that agency of $100 million or more in any given
direct effects on the States, on the
decisions on proposed State regulatory year. This determination is based upon
relationship between the national
program provisions do not constitute the fact that the State submittal, which
government and the States, or on the
distribution of power and major Federal actions within the is the subject of this rulemaking, is
responsibilities among the various meaning of section 102(2)(C) of the based upon counterpart Federal
levels of government.’’ Instead, this rule National Environmental Policy Act (42 regulations for which an analysis was
approves an amendment to the U.S.C. 4332(2)(C)).
prepared and a determination made that
sradovich on DSK3GMQ082PROD with RULES
Oklahoma program submitted and Paperwork Reduction Act the Federal regulation did not impose
drafted by that State. OSMRE reviewed an unfunded mandate.
the submission with fundamental This rulemaking does not contain
federalism principles in mind as set information collection requirements that List of Subjects in 30 CFR Part 936
forth in sections 2 and 3 of the require approval by OMB under the
Intergovernmental relations, Surface
Executive Order and with the principles Paperwork Reduction Act (44 U.S.C.
3507 et seq.). mining, Underground mining.
of cooperative federalism set forth in
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![58562 Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Rules and Regulations
Dated: September 12, 2017. PART 936—OKLAHOMA chronological order by ‘‘Date of final
Alfred L. Clayborne, publication’’ to read as follows:
Regional Director, Mid-Continent Region.
■ 1. The authority citation for part 936
continues to read as follows: § 936.15 Approval of Oklahoma regulatory
For the reasons set out in the program amendments.
Authority: 30 U.S.C. 1201 et seq.
preamble, 30 CFR part 936 is amended * * * * *
■ 2. Section 936.15 is amended in the
as set forth below: table by adding a new entry in
Original amendment Date of final publication Citation/description
submission date
* * * * * * *
September 25, 2015 ...... December 13, 2017 ....... OAC 460:20–15–6.7(a)(2)(A) and (B), 10.1(c), (d), and (e); 20–29–10(4) and 11(a)(5); 20–
43–7(a)(1), 23, 37(2), 49(a), and (c); 20–45–5(c) and 17(b); and 20–47–4(d).
[FR Doc. 2017–26843 Filed 12–12–17; 8:45 a.m.] at http://www.esd.whs.mil/Portals/54/ to replace drawspan operational
BILLING CODE 4310–05–P Documents/DD/issuances/dodi/ components. This deviation allows the
133601p.pdf. DoD Instruction 1336.01 bridge to remain in the closed-to-
will be the authorizing document for the navigation position during the deviation
DEPARTMENT OF DEFENSE DD Form 214/5 Series. period.
Repealing this part will reduce DATES: This deviation is effective from
Office of the Secretary unnecessary Federal regulation and 8 a.m. on December 20, 2017, to 4 p.m.
associated administrative costs. Because on January 10, 2018.
32 CFR Part 45 the rule focuses on internal DoD
ADDRESSES: The docket for this
management and personnel matters,
[Docket ID: DOD–2017–OS–0044] however, its repeal will not result in a deviation, USCG–2017–1075, is
cost savings for the public. available at http://www.regulations.gov.
RIN 0790–AJ88 Type the docket number in the
List of Subjects in 32 CFR Part 45 ‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Certificate of Release or Discharge Click on Open Docket Folder on the line
From Active Duty (DD Form 214/5 Armed forces reserves.
associated with this deviation.
Series)
PART 45—[REMOVED] FOR FURTHER INFORMATION CONTACT: If
AGENCY: Office of the Under Secretary of you have questions on this temporary
Defense for Personnel and Readiness, ■ Accordingly, by the authority of 5 deviation, call or email Carl T. Hausner,
Department of Defense. U.S.C. 301, 32 CFR part 45 is removed. Chief, Bridge Section, Eleventh Coast
ACTION: Final rule. Dated: December 8, 2017. Guard District; telephone 510–437–
Aaron Siegel, 3516; email Carl.T.Hausner@uscg.mil.
SUMMARY: This final rule removes the Alternate OSD Federal Register Liaison SUPPLEMENTARY INFORMATION: Union
DoD’s regulation concerning the Officer, Department of Defense. Pacific Railroad has requested a
certificate of release or discharge from [FR Doc. 2017–26886 Filed 12–12–17; 8:45 am] temporary change to the operation of the
active duty (Department of Defense BILLING CODE 5001–06–P Benicia-Martinez Railroad Drawbridge
Form (DD Form) 214/5 Series). DoD has across the Carquinez Strait, mile 7.0, at
determined that the rule has no impact Martinez, CA. The drawbridge
on the general public; rather, the rule navigation span provides a vertical
focuses on internal DoD management DEPARTMENT OF HOMELAND
SECURITY clearance of 70 feet above Mean High
and personnel matters. Therefore, this Water in the closed-to-navigation
part is unnecessary and can be removed position. The draw operates as required
Coast Guard
from the CFR. by 33 CFR 117.5. Navigation on the
DATES: This rule is effective on 33 CFR Part 117 waterway is commercial and
December 13, 2017. recreational.
FOR FURTHER INFORMATION CONTACT: Kent [Docket No. USCG–2017–1075]
The drawspan will be secured in the
Bauer, 703–693–4204. closed-to-navigation position from 8
Drawbridge Operation Regulation;
SUPPLEMENTARY INFORMATION: It has been Carquinez Strait, at Martinez, CA a.m. to 4 p.m., December 20, 2017
determined that publication of this CFR through December 21, 2017, December
part removal rule for public comment is AGENCY: Coast Guard, DHS. 27, 2017 through December 28, 2017,
unnecessary because it removes DoD ACTION:Notice of deviation from December 30, 2017, January 3, 2018
internal policies and procedures that are drawbridge regulation. through January 5, 2018, and January 8,
publicly available on the Department’s 2018 through January 10, 2018 to allow
issuance website. SUMMARY: The Coast Guard has issued a the bridge owner to replace the down
sradovich on DSK3GMQ082PROD with RULES
DoD internal guidance concerning the temporary deviation from the operating haul wire ropes of the drawspan. This
Certificate of Release or Discharge from schedule that governs the Benicia- temporary deviation has been
Active Duty (DD Form 214/5 Series) will Martinez Union Pacific Railroad coordinated with the waterway users.
continue to be published in DoD Drawbridge across the Carquinez Strait, No objections to the proposed
Instruction 1336.01 and made available mile 7.0, at Martinez, CA. The deviation temporary deviation were raised.
is necessary to allow the bridge owner
VerDate Sep<11>2014 15:49 Dec 12, 2017 Jkt 244001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\13DER1.SGM 13DER1](https://thefederalregister.org/doc/82_FR_58797/page/4.svg)
Document Created: 2017-12-13 01:24:02
Document Modified: 2017-12-13 01:24:02
| 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. | |
| Dates | The effective date is January 12, 2018. | |
| Contact | Bill Joseph, Director, Tulsa Field Office, Office of Surface Mining Reclamation and Enforcement, 1645 South 101st East Avenue, Suite 145, Tulsa, Oklahoma 74128-4629. Telephone: 918-581-6431 ext. 230. Email: [email protected] | |
| FR Citation | 82 FR 58559 | |
| CFR Associated | Intergovernmental Relations; Surface Mining and Underground Mining |
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