83 FR 22849 - Missouri Regulatory Program
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement Federal Register Volume 83, Issue 96 (May 17, 2018)
Office of Surface Mining Reclamation and Enforcement
Federal Register Volume 83, Issue 96 (May 17, 2018)
| Page Range | 22849-22852 | |
| FR Document | 2018-10482 |
[Federal Register Volume 83, Number 96 (Thursday, May 17, 2018)] [Rules and Regulations] [Pages 22849-22852] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10482] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 925 [SATS No. MO-042-FOR; Docket ID: OSM-2014-0002; S1D1S SS08011000 SX064A000 189S180110; S2D2S SS08011000 SX064A000 18XS501520] Missouri Regulatory Program AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Final rule; approval and required amendments. ----------------------------------------------------------------------- SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving, in part, an amendment to the Missouri regulatory program (Missouri program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Missouri proposed revisions to its coal Ownership and Control Rules. Missouri intends to revise its program to be no less effective than the Federal regulations and to improve operational efficiency. DATES: The effective date is June 18, 2018. FOR FURTHER INFORMATION CONTACT: Len Meier, Division Chief, Alton Field Division, Office of Surface Mining Reclamation and Enforcement, 501 Belle Street, Suite 216, Alton, IL 62002. Telephone: (618) 463-6460. Email: [email protected]. SUPPLEMENTARY INFORMATION: I. Background on the Missouri 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 Missouri 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 Missouri program on November 21, 1980. You can find background information on the Missouri program, including the Secretary's findings, the disposition of comments, and conditions of approval, in the November 21, 1980, Federal Register (45 FR 77027). You can also find later subsequent actions concerning the Missouri program and program amendments at 30 CFR 925.10, 925.12, 925.15, and 925.16. II. Submission of the Amendment By letter dated February 18, 2014 (Administrative Record No. MO- 679), Missouri sent us an amendment to its program under SMCRA (30 U.S.C. 1201 et seq.). Missouri submitted the amendment in response to a September 30, 2009, letter (Administrative Record No. MO-670A) that OSMRE had sent to Missouri in accordance with 30 CFR 732.17(c) and to improve operational efficiency. Missouri proposed revisions to Title 10 of its Code of State Regulations (CSR) under Division 40 Land Reclamation Commission. The specific sections of 10 CSR 40 changed by Missouri's amendment are discussed in Part III OSMRE's Findings. Missouri revised its program to be no less effective than the Federal regulations, to change terms, add clarifying language, make grammatical changes, and correct reference errors. We announced receipt of the proposed amendment in the May 20, 2014, Federal Register (79 FR 28852). 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 neither was requested. The public comment period ended on June 19, 2014. We did not receive any public comments. III. OSMRE's Findings The following are the findings we made concerning Missouri's amendment [[Page 22850]] revisions 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. A. 10 CSR 40-6.030--Surface Mining Permit Applications--Minimum Requirements for Legal, Financial, Compliance, and Related Information Missouri revised paragraphs (1)(B)1 and 3, and subsections (2)(A) and (4)(C) of this part to clarify the information that must be provided in the permit application. We find that Missouri's revisions makes the regulations no less effective than the corresponding Federal regulations at 30 CFR 778.11(c), 778.12(a), 778.14(a), and 778.16(c), respectively. Therefore, we approve these revisions. OSMRE found that Missouri did not revise its regulations to include a counterpart to 30 CFR 778.11(b)(4), which requires information to be provided for, ``[e]ach business entity in the applicant's and operator's organizational structure, up to and including the ultimate parent entity of the applicant and operator.'' Additionally, paragraphs (1)(B) and (1)(C) require names and addresses for certain individuals on the application, but do not require telephone numbers, which is inconsistent with the requirements of 30 CFR 778.11(d)(1). We find that these omissions make Missouri's regulations in this section inconsistent with the corresponding Federal regulations at 30 CFR 778.11(b)(4) and (d)(1). B. 10 CSR 40-6.070--Review, Public Participation and Approval of Permit Applications and Permit Terms and Conditions Missouri revised subsection (7)(C) of this part by adding ``operator'' in conjunction with the term ``applicant'' as an additional person on which permit application information must be collected. We find that Missouri's revision makes its regulations no less effective than the corresponding Federal regulations at 30 CFR 773.14. Therefore, we approve Missouri's revision. Missouri revised subsections (8)(M) and (N) of this part by including requirements regarding lands eligible for remining and applicant eligibility as criteria for permit approval or denial. We find that Missouri's revisions make its regulations no less effective than the corresponding Federal regulations at 30 CFR 785.25 and 773.15(n), respectively. Therefore, we approve Missouri's revisions. Missouri added paragraph (11)(A)4 and revised subsection (B) in this part regarding when the regulatory authority will consider a provisionally issued permit to be improvidently issued, under what conditions the permits will be suspended or rescinded if found to be improvidently issued, and the suspension and rescission procedures. We find that Missouri's revisions make its regulations no less effective than the corresponding Federal regulations at 30 CFR 773.21 through 773.23. Therefore, we approve Missouri's revisions. C. 10 CSR 40-6.100--Underground Mining Permit Applications--Minimum Requirements for Legal, Financial, Compliance, and Related Information Missouri revised subsections (1)(B) and (2)(A) of this part to clarify who must be identified and who must provide compliance information in a permit application. We find that Missouri's revisions make its regulations no less effective than the corresponding Federal regulations at 30 CFR 778.11 and 778.14, respectively. Therefore, we are approving Missouri's revisions. OSMRE found that Missouri did not revise its regulations to include a counterpart to 30 CFR 778.11(b)(4), which requires information to be provided for, ``[e]ach business entity in the applicant's and operator's organizational structure, up to and including the ultimate parent entity of the applicant and operator.'' Additionally, paragraphs (1)(B) and (1)(C) require names and addresses for certain individuals on the application, but do not require telephone numbers, which is inconsistent with the requirements of 30 CFR 778.11(d)(1). We find that these omissions make Missouri's regulations in this section inconsistent with the corresponding Federal regulations at 30 CFR 778.11(b)(4) and (d)(1). D. 10 CSR 40-8.030--Permanent Program Inspection and Enforcement Missouri revised subsection (6)(G) of this part by clarifying who is notified following the issuance of a cessation order. We find that Missouri's revision will make its regulations no less effective than the corresponding Federal regulations at 30 CFR 843.11(g). Therefore, we are approving Missouri's revision. Missouri also revised subsection (6)(H) of this part regarding post permit issuance information requirements. We find that Missouri's revision is substantively the same as the corresponding Federal regulations at 30 CFR 774.12. Therefore, we are approving Missouri's revision. E. 10 CSR 40-8.040--Penalty Assessment Missouri revised subsection (5)(B) of this part by increasing the minimum civil penalty amount assessed each day from not less than $750 to not less than $1,025. We find that Missouri's revision is substantively the same as the corresponding Federal regulations at 30 CFR 845.15(b). Therefore, we are approving Missouri'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 April 2, 2014, pursuant to 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 Missouri program (Administrative Record No. MO-679.01). 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 Missouri 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 2, 2014, under 30 CFR 732.17(h)(11)(i), we requested comments on the amendment from EPA (Administrative Record No. MO-679.01). The EPA did not respond to our request. State Historic 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 2, 2014, under 30 CFR 732.17(h)(11)(i), we requested comments on the amendment (Administrative Record No. MO- 679.01), but neither the SHPO nor ACHP responded to our request. [[Page 22851]] V. OSMRE's Decision Based on the above findings, we are: 1. Approving, in part, the amendment Missouri sent us on February 18, 2014; 2. not approving 10 CSR 40-6.030 and 40-6.100, pertaining to the 30 CFR 778.11(b)(4) requirement for applicant and operator information provided in the permit application, and requiring Missouri to submit a proposed amendment, or a description of an amendment to be proposed, along with a timetable for enactment, at 30 CFR 925.16(v); and 3. not approving 10 CSR 40-6.030(1)(B)-(C) and 40-6.100(1)(B)-(C), pertaining to the 30 CFR 778.11(d)(1) requirement to include telephone numbers for certain individuals in the permit application, and requiring Missouri to submit a proposed amendment, or a description of an amendment to be proposed, along with a timetable for enactment, at 30 CFR 925.16(w). To implement this decision, we are amending the Federal regulations at 30 CFR part 925, which codify decisions concerning the Missouri 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 purposes. SMCRA requires consistency of State and Federal standards. VI. Procedural Determination 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 has 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 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 Missouri 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 Missouri program submitted and drafted by that State. OSMRE reviewed the submission with fundamental federalism principles in mind as set forth in Section 2 and 3 of the Executive Order and with the principles of cooperative federalism as 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, 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 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. [[Page 22852]] 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 925 Intergovernmental relations, Surface mining, Underground mining. Dated: February 13, 2018. Alfred L. Clayborne, Regional Director, Mid-Continent Region. For the reasons set out in the preamble, 30 CFR part 925 is amended as set forth below: PART 925--MISSOURI 0 1. The authority citation for part 925 continues to read as follows: Authority: 30 U.S.C. 1201 et seq. 0 2. Section 925.15 is amended in the table by adding an entry in chronological order by ``Date of final publication'' to read as follows: Sec. 925.15 Approval of Missouri regulatory program amendments. * * * * * ------------------------------------------------------------------------ Original amendment submission Date of final date publication Citation/description ------------------------------------------------------------------------ * * * * * * * April 18, 2014................ May 17, 2018..... 10 CSR 40- 6.030(1)(B)1., 3., (2)(A), and (4)(C); 6.070(7)(C), (8)(M), (N), (11)(A)4., and (B); 6.100(1)(B) and (2)(A); 8.030(6)(G) and (H); and 8.040(5)(B). ------------------------------------------------------------------------ 0 3. Section 925.16 is amended by adding paragraphs (v) and (w) to read as follows: Sec. 925.16 Required program amendments. * * * * * (v) By November 19, 2018, Missouri shall submit a proposed amendment, or a description of an amendment to be proposed, along with a timetable for enactment, that will add a counterpart to 30 CFR 778.11(b)(4), pertaining to the requirement for applicant and operator information provided in the permit application, at 10 CSR 40-6.030 and 10 CSR 40-6.100. (w) By November 19, 2018, Missouri shall submit a proposed amendment, or a description of an amendment to be proposed, along with a timetable for enactment, that will add a counterpart to 30 CFR 778.11(d)(1), pertaining to the requirement to include telephone numbers for certain individuals in the permit application, at 10 CSR 40-6.030(1)(B)-(C) and 10 CSR 40-6.100(1)(B)-(C). [FR Doc. 2018-10482 Filed 5-16-18; 8:45 am] BILLING CODE 4310-05-P
![Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Rules and Regulations 22849
Passports and visas, Reporting and § 51.71 [Amended] VI. Procedural Determinations
recordkeeping requirements. ■ 11. Effective May 17, 2018, until June I. Background on the Missouri Program
Accordingly, for the reasons set forth 10, 2018, § 51.71 is stayed.
Section 503(a) of the Act permits a
above, the changes to 22 CFR parts 50
§ 51.72 [Amended] State to assume primacy for the
and 51 are stayed as follows:
regulation of surface coal mining and
■ 12. Effective May 17, 2018, until June
PART 50—NATIONALITY reclamation operations on non-Federal
10, 2018, § 51.72 is stayed.
PROCEDURES and non-Indian lands within its borders
§ 51.73 [Amended] by demonstrating that its program
■ 1. The authority citation for part 50 includes, among other things, State laws
■ 13. Effective May 17, 2018, until June
continues to read as follows: and regulations that govern surface coal
10, 2018, § 51.73 is stayed.
mining and reclamation operations in
Authority: 22 U.S.C. 2651a; 8 U.S.C. 1104
§ 51.74 [Amended] accordance with the Act and consistent
and 1401 through 1504.
■ 14. Effective May 18, 2018, until June with the Federal regulations. See 30
§ 50.7 [Amended] 10, 2018, § 51.74 is stayed. U.S.C. 1253(a)(1) and (7). On the basis
of these criteria, the Secretary of the
■ 2. In § 50.7, effective May 17, 2018, Janet M. Freer, Interior conditionally approved the
until June 10, 2018, paragraph (d) is Director, Office of Directives Management, Missouri program on November 21,
stayed. Department of State. 1980. You can find background
§ 50.11 [Amended] [FR Doc. 2018–10653 Filed 5–16–18; 8:45 am] information on the Missouri program,
BILLING CODE 4710–24–P including the Secretary’s findings, the
■ 3. In § 50.11, effective May 17, 2018, disposition of comments, and
until June 10, 2018, paragraph (b) is conditions of approval, in the November
stayed. DEPARTMENT OF THE INTERIOR 21, 1980, Federal Register (45 FR
77027). You can also find later
PART 51—PASSPORTS Office of Surface Mining Reclamation subsequent actions concerning the
and Enforcement Missouri program and program
■ 4. The authority citation for part 51 amendments at 30 CFR 925.10, 925.12,
continues to read as follows: 30 CFR Part 925 925.15, and 925.16.
Authority: 8 U.S.C. 1504; 18 U.S.C. 1621,
2423; 22 U.S.C. 211a, 212, 212a, 212b, 213, [SATS No. MO–042–FOR; Docket ID: OSM– II. Submission of the Amendment
213n (Pub. L. 106–113 Div. B, Sec. 1000(a)(7) 2014–0002; S1D1S SS08011000 SX064A000
By letter dated February 18, 2014
[Div. A, Title II, Sec. 236], 113 Stat. 1536, 189S180110; S2D2S SS08011000
SX064A000 18XS501520] (Administrative Record No. MO–679),
1501A–430); 214, 214a, 217a, 218, 2651a, Missouri sent us an amendment to its
2671(d)(3), 2705, 2714, 2721, 3926; 26 U.S.C.
Missouri Regulatory Program program under SMCRA (30 U.S.C. 1201
6039E; 31 U.S.C. 9701; 42 U.S.C. 652(k) [Div.
B, Title V of P.L. 103–317, 108 Stat. 1760]; et seq.). Missouri submitted the
AGENCY: Office of Surface Mining amendment in response to a September
E.O. 11295, FR 10603; Pub. L. 114–119, 130
Reclamation and Enforcement, Interior. 30, 2009, letter (Administrative Record
Stat. 15; Sec. 1 of P.L. 109–210, 120 Stat. 319;
Sec. 2 of P.L. 109–167, 119 Stat. 3578; Sec. ACTION: Final rule; approval and No. MO–670A) that OSMRE had sent to
5 of P.L. 109–472, 120 Stat. 3554; P.L. 108– required amendments. Missouri in accordance with 30 CFR
447, Div. B, Title IV 118 Stat. 2896; P.L. 108– 732.17(c) and to improve operational
458, 118 Stat. 3638, 3823. SUMMARY: We, the Office of Surface
efficiency. Missouri proposed revisions
Mining Reclamation and Enforcement
§ 51.4 [Amended] to Title 10 of its Code of State
(OSMRE), are approving, in part, an
Regulations (CSR) under Division 40
5. In § 51.4, effective May 17, 2018, amendment to the Missouri regulatory
■ Land Reclamation Commission. The
until June 10, 2018, paragraphs (g)(1) program (Missouri program) under the
specific sections of 10 CSR 40 changed
and (8) are stayed. Surface Mining Control and
by Missouri’s amendment are discussed
Reclamation Act of 1977 (SMCRA or the
in Part III OSMRE’s Findings. Missouri
§ 51.60 [Amended] Act). Missouri proposed revisions to its
revised its program to be no less
coal Ownership and Control Rules.
■ 6. In § 51.60, effective May 17, 2018, effective than the Federal regulations, to
Missouri intends to revise its program to
until June 10, 2018, paragraphs (h) and change terms, add clarifying language,
be no less effective than the Federal
(i) are stayed. make grammatical changes, and correct
regulations and to improve operational
reference errors.
§ 51.62 [Amended] efficiency. We announced receipt of the
DATES: The effective date is June 18, proposed amendment in the May 20,
■ 7. Effective May 17, 2018, until June
2018. 2014, Federal Register (79 FR 28852). In
10, 2018, § 51.62 is stayed.
FOR FURTHER INFORMATION CONTACT: Len the same document, we opened the
§ 51.65 [Amended] Meier, Division Chief, Alton Field public comment period and provided an
Division, Office of Surface Mining opportunity for a public hearing or
■ 8. Effective May 17, 2018, until June
Reclamation and Enforcement, 501 Belle meeting on the adequacy of the
10, 2018, § 51.65 is stayed.
Street, Suite 216, Alton, IL 62002. amendment. We did not hold a public
§ 51.66 [Amended] Telephone: (618) 463–6460. Email: hearing or meeting because neither was
amozie on DSK3GDR082PROD with RULES
lmeier@osmre.gov. requested. The public comment period
■ 9. Effective May 17, 2018, until June ended on June 19, 2014. We did not
10, 2018, § 51.66 is stayed. SUPPLEMENTARY INFORMATION:
I. Background on the Missouri Program receive any public comments.
§ 51.70 [Amended] II. Submission of the Amendment III. OSMRE’s Findings
III. OSMRE’s Findings
■ 10. Effective May 17, 2018, until June IV. Summary and Disposition of Comments The following are the findings we
10, 2018, § 51.70 is stayed. V. OSMRE’s Decision made concerning Missouri’s amendment
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![22850 Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Rules and Regulations
revisions under SMCRA and the Federal Therefore, we approve Missouri’s corresponding Federal regulations at 30
regulations at 30 CFR 732.15 and revisions. CFR 774.12. Therefore, we are
732.17. Any revisions that we do not Missouri added paragraph (11)(A)4 approving Missouri’s revision.
specifically discuss below concerning and revised subsection (B) in this part
regarding when the regulatory authority E. 10 CSR 40–8.040—Penalty
non-substantive wording or editorial
will consider a provisionally issued Assessment
changes can be found in the full text of
the program amendment available at permit to be improvidently issued, Missouri revised subsection (5)(B) of
www.regulations.gov. under what conditions the permits will this part by increasing the minimum
be suspended or rescinded if found to civil penalty amount assessed each day
A. 10 CSR 40–6.030—Surface Mining be improvidently issued, and the
Permit Applications—Minimum from not less than $750 to not less than
suspension and rescission procedures. $1,025. We find that Missouri’s revision
Requirements for Legal, Financial, We find that Missouri’s revisions make
Compliance, and Related Information is substantively the same as the
its regulations no less effective than the corresponding Federal regulations at 30
Missouri revised paragraphs (1)(B)1 corresponding Federal regulations at 30 CFR 845.15(b). Therefore, we are
and 3, and subsections (2)(A) and (4)(C) CFR 773.21 through 773.23. Therefore, approving Missouri’s revision.
of this part to clarify the information we approve Missouri’s revisions.
that must be provided in the permit IV. Summary and Disposition of
C. 10 CSR 40–6.100—Underground Comments
application. We find that Missouri’s Mining Permit Applications—Minimum
revisions makes the regulations no less Requirements for Legal, Financial, Public Comments
effective than the corresponding Federal Compliance, and Related Information
regulations at 30 CFR 778.11(c), We asked for public comments on the
778.12(a), 778.14(a), and 778.16(c), Missouri revised subsections (1)(B) amendment, but did not receive any.
respectively. Therefore, we approve and (2)(A) of this part to clarify who
must be identified and who must Federal Agency Comments
these revisions.
provide compliance information in a On April 2, 2014, pursuant to 30 CFR
OSMRE found that Missouri did not
permit application. We find that 732.17(h)(11)(i) and Section 503(b) of
revise its regulations to include a
Missouri’s revisions make its SMCRA, we requested comments on the
counterpart to 30 CFR 778.11(b)(4),
regulations no less effective than the amendment from various Federal
which requires information to be
corresponding Federal regulations at 30 agencies with an actual or potential
provided for, ‘‘[e]ach business entity in
CFR 778.11 and 778.14, respectively. interest in the Missouri program
the applicant’s and operator’s
Therefore, we are approving Missouri’s (Administrative Record No. MO–
organizational structure, up to and
revisions. 679.01). We did not receive any
including the ultimate parent entity of OSMRE found that Missouri did not
the applicant and operator.’’ comments.
revise its regulations to include a
Additionally, paragraphs (1)(B) and counterpart to 30 CFR 778.11(b)(4), Environmental Protection Agency (EPA)
(1)(C) require names and addresses for which requires information to be Concurrence and Comments
certain individuals on the application, provided for, ‘‘[e]ach business entity in
but do not require telephone numbers, the applicant’s and operator’s Under 30 CFR 732.17(h)(11)(ii), we
which is inconsistent with the organizational structure, up to and are required to get a written concurrence
requirements of 30 CFR 778.11(d)(1). including the ultimate parent entity of from EPA for those provisions of the
We find that these omissions make the applicant and operator.’’ program amendment that relate to air or
Missouri’s regulations in this section Additionally, paragraphs (1)(B) and water quality standards issued under
inconsistent with the corresponding (1)(C) require names and addresses for the authority of the Clean Water Act (33
Federal regulations at 30 CFR certain individuals on the application, U.S.C. 1251 et seq.) or the Clean Air Act
778.11(b)(4) and (d)(1). but do not require telephone numbers, (42 U.S.C. 7401 et seq.). None of the
which is inconsistent with the revisions that Missouri proposed to
B. 10 CSR 40–6.070—Review, Public
requirements of 30 CFR 778.11(d)(1). make in this amendment pertain to air
Participation and Approval of Permit
We find that these omissions make or water quality standards. Therefore,
Applications and Permit Terms and
Missouri’s regulations in this section we did not ask EPA to concur on the
Conditions
inconsistent with the corresponding amendment. However, on April 2, 2014,
Missouri revised subsection (7)(C) of Federal regulations at 30 CFR under 30 CFR 732.17(h)(11)(i), we
this part by adding ‘‘operator’’ in 778.11(b)(4) and (d)(1). requested comments on the amendment
conjunction with the term ‘‘applicant’’ from EPA (Administrative Record No.
as an additional person on which permit D. 10 CSR 40–8.030—Permanent MO–679.01). The EPA did not respond
application information must be Program Inspection and Enforcement to our request.
collected. We find that Missouri’s Missouri revised subsection (6)(G) of State Historic Preservation Officer
revision makes its regulations no less this part by clarifying who is notified (SHPO) and the Advisory Council on
effective than the corresponding Federal following the issuance of a cessation Historic Preservation (ACHP)
regulations at 30 CFR 773.14. Therefore, order. We find that Missouri’s revision
we approve Missouri’s revision. will make its regulations no less Under 30 CFR 732.17(h)(4), we are
Missouri revised subsections (8)(M) effective than the corresponding Federal required to request comments from the
and (N) of this part by including regulations at 30 CFR 843.11(g). SHPO and ACHP on amendments that
requirements regarding lands eligible for Therefore, we are approving Missouri’s may have an effect on historic
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remining and applicant eligibility as revision. properties. On April 2, 2014, under 30
criteria for permit approval or denial. Missouri also revised subsection CFR 732.17(h)(11)(i), we requested
We find that Missouri’s revisions make (6)(H) of this part regarding post permit comments on the amendment
its regulations no less effective than the issuance information requirements. We (Administrative Record No. MO–
corresponding Federal regulations at 30 find that Missouri’s revision is 679.01), but neither the SHPO nor
CFR 785.25 and 773.15(n), respectively. substantively the same as the ACHP responded to our request.
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![Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Rules and Regulations 22851
V. OSMRE’s Decision standard for affected conduct rather rulemaking that is (1) considered
Based on the above findings, we are: than a general standard, and promote significant under Executive Order
1. Approving, in part, the amendment simplification and burden reduction. 12866, and (2) likely to have a
Missouri sent us on February 18, 2014; Because Section 3 focuses on the quality significant adverse effect on the supply,
2. not approving 10 CSR 40–6.030 and of Federal legislation and regulations, distribution, or use of energy. Because
40–6.100, pertaining to the 30 CFR the Department limited its review under this rulemaking is exempt from review
778.11(b)(4) requirement for applicant this Executive Order to the quality of under Executive Order 12866 and is not
and operator information provided in this Federal Register notice and to expected to have a significant adverse
the permit application, and requiring changes to the Federal regulations. The effect on the supply, distribution, or use
Missouri to submit a proposed review under this Executive Order did of energy, a Statement of Energy Effects
amendment, or a description of an not extend to the language of the State is not required.
amendment to be proposed, along with regulatory program or to the program
amendment that the State of Missouri National Environmental Policy Act
a timetable for enactment, at 30 CFR
drafted. This rulemaking does not require an
925.16(v); and
3. not approving 10 CSR 40– environmental impact statement
Executive Order 13132—Federalism because section 702(d) of SMCRA (30
6.030(1)(B)–(C) and 40–6.100(1)(B)–(C),
This rule is not a ‘‘[p]olicy that [has] U.S.C. 1292(d)) provides that agency
pertaining to the 30 CFR 778.11(d)(1)
Federalism implications’’ as defined by decisions on proposed State regulatory
requirement to include telephone Section 1(a) of Executive Order 13132
numbers for certain individuals in the program provisions do not constitute
because it does not have ‘‘substantial major Federal actions within the
permit application, and requiring direct effects on the States, on the
Missouri to submit a proposed meaning of section 102(2)(C) of the
relationship between the national National Environmental Policy Act (42
amendment, or a description of an government and the States, or on the
amendment to be proposed, along with U.S.C. 4332(2)(C)).
distribution of power and
a timetable for enactment, at 30 CFR responsibilities among the various Paperwork Reduction Act
925.16(w). levels of government.’’ Instead, this rule This rulemaking does not contain
To implement this decision, we are approves an amendment to the Missouri information collection requirements that
amending the Federal regulations at 30 program submitted and drafted by that require approval by OMB under the
CFR part 925, which codify decisions State. OSMRE reviewed the submission Paperwork Reduction Act (44 U.S.C.
concerning the Missouri program. In with fundamental federalism principles 3507 et seq.).
accordance with the Administrative in mind as set forth in Section 2 and 3
Procedure Act, this rule will take effect Regulatory Flexibility Act
of the Executive Order and with the
30 days after the date of publication. principles of cooperative federalism as The Department of the Interior
Section 503(a) of SMCRA requires that set forth in SMCRA. See, e.g., 30 U.S.C. certifies that this rulemaking will not
the State’s program demonstrate that the 1201(f). As such, pursuant to Section have a significant economic impact on
State has the capability of carrying out 503(a)(1) and (7)(30 U.S.C. 1253(a)(1) a substantial number of small entities
the provisions of the Act and meeting its and (7)), OSMRE reviewed the program under the Regulatory Flexibility Act (5
purposes. SMCRA requires consistency amendment to ensure that it is ‘‘in U.S.C. 601 et seq.). The State submittal,
of State and Federal standards. accordance with’’ the requirements of which is the subject of this rulemaking,
VI. Procedural Determination SMCRA and ‘‘consistent with’’ the is based upon counterpart Federal
regulations issued by the Secretary regulations for which an economic
Executive Order 12630—Takings pursuant to SMCRA. analysis was prepared and certification
This rulemaking does not have made that such regulations would not
takings implications. This Executive Order 13175—Consultation have a significant economic effect upon
determination is based on the analysis and Coordination With Indian Tribal a substantial number of small entities.
performed for the counterpart Federal Governments In making the determination as to
regulation. In accordance with Executive Order whether this rulemaking would have a
13175, we have evaluated the potential significant economic impact, the
Executive Order 12866—Regulatory effects of this rulemaking on Federally- Department relied upon the data and
Planning and Review recognized Indian tribes and have assumptions for the counterpart Federal
Pursuant to Office of Management and determined that the rulemaking does regulations.
Budget (OMB) Guidance dated October not have substantial direct effects on
Small Business Regulatory Enforcement
12, 1993, the approval of state program one or more Indian tribes, on the
Fairness Act
amendments is exempted from OMB relationship between the Federal
review under Executive Order 12866. Government and Indian tribes, or on the This rulemaking is not a major rule
distribution of power and under 5 U.S.C. 804(2), the Small
Executive Order 12988—Civil Justice Business Regulatory Enforcement
responsibilities between the Federal
Reform Fairness Act. This rulemaking: (a) Does
Government and Indian tribes. The basis
The Department of the Interior has for this determination is that our not have an annual effect on the
reviewed this rule as required by decision is on a State regulatory economy of $100 million; (b) Will not
Section 3(a) of Executive Order 12988. program and does not involve Federal cause a major increase in costs or prices
The Department has determined that regulations involving Indian lands. for consumers, individual industries,
this Federal Register notice meets the Federal, State, or local government
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criteria of Section 3 of Executive Order Executive Order 13211—Regulations agencies, or geographic regions; and (c)
12988, which is intended to ensure that That Significantly Affect the Supply, Does not have significant adverse effects
the agency review its legislation and Distribution, or Use of Energy on competition, employment,
regulations to minimize litigation; and Executive Order 13211 of May 18, investment, productivity, innovation, or
that the agency’s legislation and 2001, requires agencies to prepare a the ability of U.S.-based enterprises to
regulations provide a clear legal Statement of Energy Effects for a compete with foreign-based enterprises.
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![22852 Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Rules and Regulations
This determination is based upon the is the subject of this rulemaking, is PART 925—MISSOURI
fact that the State submittal, which is based upon counterpart Federal
the subject of this rulemaking, is based regulations for which an analysis was ■ 1. The authority citation for part 925
upon counterpart Federal regulations for prepared and a determination made that continues to read as follows:
which an analysis was prepared and a the Federal regulation did not impose
determination made that the Federal an unfunded mandate. Authority: 30 U.S.C. 1201 et seq.
regulation was not considered a major ■ 2. Section 925.15 is amended in the
List of Subjects in 30 CFR Part 925
rule. table by adding an entry in
Intergovernmental relations, Surface chronological order by ‘‘Date of final
Unfunded Mandates mining, Underground mining.
publication’’ to read as follows:
This rulemaking will not impose an Dated: February 13, 2018.
unfunded mandate on State, local, or Alfred L. Clayborne, § 925.15 Approval of Missouri regulatory
tribal governments or the private sector Regional Director, Mid-Continent Region. program amendments.
of $100 million or more in any given For the reasons set out in the * * * * *
year. This determination is based upon preamble, 30 CFR part 925 is amended
the fact that the State submittal, which as set forth below:
Original amendment submission Date of final publication Citation/description
date
* * * * * * *
April 18, 2014 ................................. May 17, 2018 ................................. 10 CSR 40–6.030(1)(B)1., 3., (2)(A), and (4)(C); 6.070(7)(C), (8)(M),
(N), (11)(A)4., and (B); 6.100(1)(B) and (2)(A); 8.030(6)(G) and (H);
and 8.040(5)(B).
■ 3. Section 925.16 is amended by DEPARTMENT OF DEFENSE reference/milpersman/pages/
adding paragraphs (v) and (w) to read as default.aspx) and the Marine Corps
follows: Department of the Navy Manual for Legal Administration
(LEGADMINMAN) (for the Marine
§ 925.16 Required program amendments. 32 CFR Part 733 Corps) (available at http://
* * * * * [Docket ID: USN–2017–HQ–0006] www.marines.mil/Portals/59/
(v) By November 19, 2018, Missouri MCOP5800.16AWCH1-7.pdf) are readily
RIN 0703–AA96
shall submit a proposed amendment, or available online and used by commands
a description of an amendment to be Assistance to and Support of as administrative tools to determine
proposed, along with a timetable for Dependents; Paternity Complaints equitable support when there is no
enactment, that will add a counterpart competent court order. There is no right
to 30 CFR 778.11(b)(4), pertaining to the AGENCY: Department of the Navy (DoN), afforded to the public (specifically,
requirement for applicant and operator DoD. dependents) either by statute or internal
information provided in the permit ACTION: Final rule. service regulation. The MILPERSMAN
application, at 10 CSR 40–6.030 and 10 and LEGADMINMAN are clear that the
SUMMARY: This final rule removes DoD’s
CSR 40–6.100. guidelines contained therein are tools
regulation requiring naval personnel to
(w) By November 19, 2018, Missouri provide support to dependents. It has that a commander may use to ensure
shall submit a proposed amendment, or been determined that the content of this good order and discipline within the
a description of an amendment to be part is internal DoD policy, and while unit. For these reasons, this part has
proposed, along with a timetable for that policy is publicly available, the part been determined to be internal DoD
enactment, that will add a counterpart should be removed. policy and as such, it does not fall
to 30 CFR 778.11(d)(1), pertaining to the DATES: This rule is effective on May 17,
under the criteria of rulemaking under
requirement to include telephone 2018. the Administrative Procedure Act.
numbers for certain individuals in the FOR FURTHER INFORMATION CONTACT: CDR This rule is not significant under
permit application, at 10 CSR 40– Amanda Myers, 703–697–1311. Executive Order (E.O.) 12866,
6.030(1)(B)–(C) and 10 CSR 40– SUPPLEMENTARY INFORMATION: It has been ‘‘Regulatory Planning and Review,’’
6.100(1)(B)–(C). determined that publication of this CFR therefore, E.O. 13771, ‘‘Reducing
[FR Doc. 2018–10482 Filed 5–16–18; 8:45 am] part removal for public comment is Regulation and Controlling Regulatory
BILLING CODE 4310–05–P impracticable, unnecessary, and Costs’’ does not apply.
contrary to public interest since it is List of Subjects in 32 CFR Part 733
based on removing DoD internal
policies and procedures that are Alimony, Child support, Claims,
publically available on the Department’s Military personnel, Wages.
website.
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This part is proprietary or of unique PART 733—[REMOVED]
interest to the Department of the Navy.
The Military Personnel Manual ■ Accordingly, by the authority of 5
(MILPERSMAN) (for the Navy) U.S.C. 301, 32 CFR part 733 is removed.
(available at http://
www.public.navy.mil/bupers-npc/
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Document Created: 2018-05-17 00:51:13
Document Modified: 2018-05-17 00:51:13
| 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 and required amendments. | |
| Dates | The effective date is June 18, 2018. | |
| Contact | Len Meier, Division Chief, Alton Field Division, Office of Surface Mining Reclamation and Enforcement, 501 Belle Street, Suite 216, Alton, IL 62002. Telephone: (618) 463-6460. Email: [email protected] | |
| FR Citation | 83 FR 22849 | |
| CFR Associated | Intergovernmental Relations; Surface Mining and Underground Mining |
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