83 FR 28996 - Alabama Abandoned Mine Land Reclamation Plan
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement Federal Register Volume 83, Issue 121 (June 22, 2018)
Office of Surface Mining Reclamation and Enforcement
Federal Register Volume 83, Issue 121 (June 22, 2018)
| Page Range | 28996-29001 | |
| FR Document | 2018-13434 |
[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)] [Rules and Regulations] [Pages 28996-29001] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13434] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 901 [SATS No. AL-080-FOR; Docket ID: OSM-2016-0011; S1D1S SS08011000 SX064A000 189S180110; S2D2S SS08011000 SX064A000 18XS501520] Alabama Abandoned Mine Land Reclamation Plan 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 [[Page 28997]] (OSMRE), are approving an amendment to the Alabama Abandoned Mine Land Reclamation (AMLR) Plan (hereinafter, the Plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Alabama proposed updates to their Plan with changes required by the 2006 Amendments to SMCRA. DATES: The effective date is July 23, 2018. FOR FURTHER INFORMATION CONTACT: William L. Joseph, Acting Director, Birmingham Field Office, Office of Surface Mining Reclamation and Enforcement, 135 Gemini Circle, Suite 215, Homewood, Alabama 35209. Telephone: (205) 290-7282. Email: bjoseph@osmre.gov. SUPPLEMENTARY INFORMATION: I. Background on the Alabama Plan II. Submission of the Amendment III. OSMRE's Findings IV. Summary and Disposition of Comments V. OSMRE's Decision VI. Procedural Determinations I. Background on the Alabama Plan The Abandoned Mine Land Reclamation Program was established by Title IV of the Act, (30 U.S.C. 1201 et seq.) in response to concerns over extensive environmental damage caused by past coal mining activities. The program is funded by a reclamation fee collected on each ton of coal that is produced. The money collected is used to finance the reclamation of abandoned coal mines and for other authorized activities. Section 405 of the Act allows States and Indian tribes to assume exclusive responsibility for reclamation activity within the State or on Indian lands if they develop and submit to the Secretary of the Interior for approval, a program (often referred to as a plan) for the reclamation of abandoned coal mines. Background information on the Alabama Plan, including the Secretary's findings, the disposition of comments, and the approval of the Plan, is found in the May 20, 1982, Federal Register (47 FR 22057). Later actions concerning the Alabama Plan and amendments to the Plan, are found at 30 CFR 901.20 and 901.25. II. Submission of the Amendment By letter dated June 7, 2016 (Administrative Record No. AL-0670), Alabama sent OSMRE an amendment to its Plan under SMCRA (30 U.S.C. 1201 et seq.) at its own initiative. We announced receipt of the proposed amendment in the April 7, 2017, Federal Register (82 FR 16975). 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 May 8, 2017. We did not receive any public comments. During OSMRE's review, several minor deficiencies were noted, including section numbering inconsistencies and the lien language in the ``Reclamation of Private Land'' section. By letter dated July 17, 2017 (Administrative Record No. AL-0670-02), OSMRE requested that Alabama address these minor deficiencies. Because these requested changes were minor, Alabama was given the option to either incorporate the changes or withdraw the amendment and resubmit the Plan amendment at a later date. By letter dated July 28, 2017 (Administrative Record No. AL-0670-03), Alabama returned a revised Plan amendment correcting the deficiencies and the amendment process resumed. III. OSMRE's Findings We are approving the amendment as described below. The following are the findings we made concerning Alabama's amendment under SMCRA and the Federal regulations at 30 CFR 884.14 and 884.15. 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 Plan amendment available at www.regulations.gov. Alabama Reclamation Plan 1. Governor's Letter of Designation [30 CFR 884.13(a)(1)] Alabama included a 1979 letter from the Governor designating the Alabama Department of Industrial Relations, now known as the Alabama Department of Labor (ADOL), as the agency responsible for the abandoned mine lands reclamation program in the state of Alabama. This letter was submitted and approved as part of the original proposed reclamation plan and is consistent with the Federal requirements of 30 CFR 884.13(a)(1). Therefore, we are approving its inclusion. 2. Legal Opinion [30 CFR 884.13(a)(2)] Alabama included a 1981 legal opinion from the Attorney General of Alabama authorizing the Alabama Department of Industrial Relations, under the legal authority of Alabama law, to conduct its reclamation program in accordance with the requirements of Title IV of the Act. This legal opinion was submitted and approved as part of the original proposed reclamation plan and is consistent with the Federal requirements of 30 CFR 884.13(a)(2). Therefore, we are approving its inclusion. 3. Purpose, Goals and Objectives [30 CFR 884.13(a)(3)(i)] Alabama, in section 884.13(a)(3)(i) of the Plan, stated that the goal of its AMLR Plan is to amend those adverse effects of past coal mining conducted prior to August 3, 1977, which impact public health, safety, or general welfare, and cause environmental degradation. The stated objectives of the AMLR Plan are to identify and prioritize these adverse impacts, provide planning procedures, and affect their ultimate reclamation. Alabama also stated that, although the primary purpose of the program is the reclamation of coal mine lands, any non-coal AML issues will be dealt with in accordance with OSMRE policies. ADOL elected to set aside up to the maximum amount allowed by OSMRE of each year's allocation of AML funds into a separate fund for the abatement of the causes and treatment of the effects of acid mine drainage. These funds are used in accordance with all applicable State and Federal regulations and are used to achieve the priorities of SMCRA. The program purpose, goals, and objectives are consistent with the Federal requirements of 30 CFR 884.13(a)(3)(i). Therefore, we are approving their inclusion. 4. Project Ranking, Selection and Development Procedures [30 CFR 884.13(a)(3)(ii)] Alabama, in section 884.13(a)(3)(ii) of the Plan, described the priority system and the specific criteria for identifying and ranking all sites eligible for reclamation under Title IV of the Act. Examples of eligible site problems include: Open and unprotected mine entries; open shafts; hazardous highwalls and other steep embankments; hazardous mine structures; underground mine subsidence; trash dumps on mine lands; water bodies adversely affected by coal mine drainage; dangerous impoundments; and any other mine related danger. The sites given highest priority are those exhibiting extreme danger to public health, safety, and property from adverse effects of coal mining practices. The sites given the second highest priority are those exhibiting adverse effects of coal mining practices that may impact public health and safety. The sites given third priority for restoration are those land and water resources previously degraded by [[Page 28998]] adverse effects of coal mining, including measures for the conservation and development of soil, water, woodland, fish and wildlife, recreational resources, and agricultural productivity. The three priority categories described are consistent with Section 403(a) of SMCRA. Alabama also describes ADOL's data acquisition procedures in determining site eligibility, which include the review of past mining records (available in the OSMRE's Abandoned Mine Land Inventory System (e-AMLIS)), site inventories, field investigations, and public input. Alabama states that site priority will be determined for all eligible sites, regardless of resource recovery potential, and that any resource recovery will be undertaken in accordance with Federal rules. Any remined sites will remain eligible for AML reclamation. These descriptions are consistent with the Federal requirements of 30 CFR 884.13(a)(3)(ii). Therefore, we are approving their inclusion. 5. Coordination With Other Programs [30 CFR 884.13(a)(3)(iii)] Alabama, in section 884.13(a)(3)(iii) of the Plan, described ADOL's coordination with other agencies. The ADOL AML Program coordinates with other State divisions such as the Alabama Department of Environmental Management (ADEM), the State Historic Preservation Office (SHPO), and the Alabama Department of Conservation and Natural Resources (ADCNR), to review proposed reclamation projects, provide assistance, and offer expertise to ensure that reclamation activities restore adversely impacted land and water to a productive state while protecting natural and historic/cultural resources. ADOL maintains an annual cooperative agreement with a non-profit organization, the Walker County Soil and Water Conservation District Board (WCB), which funds and oversees a reclamation group that performs reclamation and maintenance on AML sites and responds to AML emergencies. Historically, several major and minor tribes occupied Alabama; however, no tribal reservations were historically or are currently located in the areas where AML reclamation presently takes place within the Alabama Coal Region. Consultations concerning potential cultural resource impacts are conducted through the SHPO's Alabama Historical Commission through the NEPA review process. Alabama also describes the purpose of its AML Emergency Program, which is to stabilize the emergency aspects of an AML problem by eliminating the immediate danger to public health, safety, or general welfare. The AML Emergency Program is discussed further in Section 8, ``Rights of Entry.'' This description of agency coordination is consistent with the Federal requirements of 30 CFR 884.13(a)(3)(iii). Therefore, we are approving its inclusion. 6. Land Acquisition, Management, and Disposal [30 CFR 884.13(a)(3)(iv)] Alabama, in section 884.13(a)(3)(iv) of the Plan, stated that ADOL may acquire, manage, and dispose of lands that have been adversely affected by coal mining activity, if deemed necessary, pursuant to Section 407 of SMCRA, 30 U.S.C. 1237, and Code of Alabama Section 9-16- 127. These acquisition, management, and disposition policies and procedures are consistent with the Federal requirements of 30 CFR 884.13(a)(3)(iv). Therefore, we are approving their inclusion. 7. Reclamation of Private Land [30 CFR 884.13(a)(3)(v)] Alabama, in section 884.13(a)(3)(v) of the Plan, described its policies and procedures for reclamation on private land. Under its Plan, the ADOL State Programs Administrator has the authority to place or waive a lien against private property if the owner has consented to, participated in, or exercised control over the mining operation, and if reclamation will result in a significant increase in property value. If an initial evaluation suggests an increase in property value of $25,000 or more, the land appraisal may be conducted by an independent appraiser. The Administrator will determine whether to place or waive a lien based on both the independent appraisal findings and other relevant facts, in accordance with Code of Alabama Section 9-16-129. During OSMRE's review, it was noted that this section of the Plan, as well as the referenced Alabama state law (Code of Alabama Section 9-16- 129), fails to address the full requirements of 30 CFR 882.13(b) in regard to notifying the landowner of the proposed lien and allowing the landowner a reasonable time to pay that amount in lieu of filing the lien. On July 17, 2017 (Administrative Record No. AL-0670-02), OSMRE requested that Alabama add this lien language to its proposed Plan. On July 28, 2017, Alabama returned a revised Plan which incorporated the additional lien language. These revised policies and procedures are consistent with the Federal requirements of 30 CFR 884.13(a)(3)(v) and 882.13(b). Therefore, we are approving this inclusion. 8. Rights of Entry [30 CFR 884.13(a)(3)(vi)] Alabama, in section 884.13(a)(3)(vi) and (iii) of the Plan, stated its policies and procedures regarding rights of entry to lands or property. Pursuant to Code of Alabama Section 9-16-126, ADOL will take all reasonable actions to obtain advance written consent from the property owner for the purposes of reclamation. In the event that permission cannot be obtained on properties where reclamation is needed and there is an immediate danger to public health, safety, or general welfare, police power entry is authorized under the AML Emergency Program. If police power entry is necessary, a written notice must be mailed to the property owner at least 30 days prior to entry. If the property owner's address is not known, the notice must be posted on the property and advertised in the newspaper. These policies and procedures are consistent with the Federal requirements of 30 CFR 884.13(a)(3)(vi). Therefore, we are approving their inclusion. 9. Public Participation Policies [30 CFR 884.13(a)(3)(vii)] Alabama, in section 884.13(a)(3)(vii) of the Plan, described its public participation policies in the development and operation of its Plan. The ADOL encourages the public to contact its office with any questions or concerns regarding mining related problems or the AML program, or to visit the ADOL Inspections Division Abandoned Mine Lands Program Office. For future projects, ADOL distributes notifications to Federal, State, and local elected officials, and publishes public notices to news outlets within the county where the proposed activity is located. If sufficient public response is received, a public meeting may be scheduled to provide information on proposed activities and address the concerns of the citizens. Additional public involvement in the preparation of any revisions or amendments to the AML Plan will be coordinated and executed by OSMRE during the public comment and review period. These policies and procedures are consistent with the Federal requirements of 30 CFR 884.13(a)(3)(vii). Therefore, we are approving their inclusion. 10. Organization of the Designated Agency [30 CFR 884.13(a)(4)(i)] Alabama, in section 884.13(a)(4)(i) of the Plan, described the organization of ADOL and its relationship to other State organizations that may become involved in its reclamation program. ADOL also [[Page 28999]] attached an updated organizational chart. The Inspections Division of ADOL reports to the Commissioner, via the State Programs Administrator. The Commissioner for ADOL reports directly to the Governor. The ADOL AML Program also coordinates with other State divisions such as the ADEM, SHPO, and the ADCNR to review proposed reclamation projects, provide assistance, and offer expertise to ensure that reclamation activities restore adversely impacted land and water to a productive state while protecting natural and historic/cultural resources. This description of agency organization is consistent with the Federal requirements of 30 CFR 884.13(a)(4)(i). Therefore, we are approving its inclusion. 11. Personnel Staffing Policies [30 CFR 884.13(a)(4)(ii)] Alabama, in section 884.13(a)(4)(ii) of the Plan, described the personnel staffing policies that will govern the assignment of personnel to its reclamation program. The program's staff is selected on the basis of applicable academic and professional experience. ADOL will be responsible for complying with all pertinent Federal and State laws. This description of agency personnel policies is consistent with the Federal requirements of 30 CFR 884.13(a)(4)(ii). Therefore, we are approving its inclusion. 12. Purchasing and Procurement [30 CFR 884.13(a)(4)(iii)] Alabama, in section 884.13(a)(4)(iii) of the Plan, stated that the purchasing and procurement systems used by ADOL will be in accordance with the requirements of Office of Management and Budget (OMB) Circular A-102, Attachment 0. Purchasing and procurement program staff is trained in all applicable State and Federal regulations and larger transactions are reviewed, if necessary, by the Alabama Department of Finance, the State Attorney General, the Alabama Department of Examiners of Public Accounts, and the State Auditor. Alabama also described its AML Applicant/Violator System (AVS), which ensures that no company owners, directors, or major shareholders bidding on AML Federally funded projects have any Federal coal mining violations or state cessation orders that would render them ineligible. Emergency program contractors are also required to meet AVS clearance requirements, unless an overriding need to proceed is determined. These systems are consistent with the Federal requirements of 30 CFR 884.13(a)(4)(iii). Therefore, we are approving their inclusion. 13. Accounting [30 CFR 884.13(a)(4)(iv)] Alabama, in section 884.13(a)(4)(iv) of the Plan, described the ADOL's accounting system, including procedures for the operation of the State Abandoned Mine Reclamation Fund. The ADOL Finance Division is responsible for the proper accounting of Federal draws, income, and expenses, including the maintenance of records for annual audits conducted by the Alabama Department of Examiners of Public Accounts. AML projects, including administrative, operational, and construction costs, are grant-funded and detailed financial records are maintained for auditing purposes, in accordance with 30 CFR part 886 and OMB Circular A-102, Attachment 0. This system description is consistent with the Federal requirements of 30 CFR 884.13(a)(4)(iv). Therefore, we are approving its inclusion. 14. Eligible Lands and Waters [30 CFR 884.13(a)(5)] [30 CFR 884.13(a)(5)(i)] Alabama, in section 884.13(a)(5) and (a)(5)(i) of the Plan, included a list of documents and data sources offering general descriptions of known or suspected eligible lands and waters within the State of Alabama which potentially required reclamation at the time of publication. Alabama also included a list of counties, in order of significance which have either reported coal mining prior to 1978, currently have conditions associated with past surface mining practices, or currently have physical hazards or environmental conditions associated with past underground mining practices. Alabama also included a mine map repository showing the general location of known or suspected eligible lands and waters within the State which require reclamation. These descriptions are consistent with the Federal requirements of 30 CFR 884.13(a)(5) and (a)(5)(i). Therefore, we are approving their inclusion. 15. Environmental Problems and Reclamation Techniques [30 CFR 884.13(a)(5)(ii)] [30 CFR 884.13(a)(5)(iii)] Alabama, in section 884.13(a)(5) through (a)(5)(iii) of the Plan, described the problems occurring on known or suspected lands and waters which require reclamation, including a table expressing the percentage of total abandoned mine lands affected by each problem or source. Examples of such problems include: Open shafts and portals; subsidence; highwalls; abandoned structures and equipment; insect or vermin vectors; water impoundments; waste banks; mine-related fires; landslide and flood hazards; pollution of domestic water supplies; erosion; sedimentation; reduced land potential; and aesthetic disamenities. Reclamation techniques to restore the site to an environmentally stable condition will be based on ADOL's site specific assessments, current industry construction standards, and the reclamation cost estimate procedures outlined in OSMRE Directive AML-1. These descriptions are consistent with the Federal requirements of 30 CFR 884.13(a)(5)(ii) and (iii). Therefore, we are approving their inclusion. 16. The Economic Base [30 CFR 884.13(a)(6)(i)] Alabama, in section 884.13(a)(6)(i) of the Plan, described the economic base for the state's primary coal producing region, including population size, market accessibility, economic activities, such as agricultural products and manufacturing, and available mining resources. This description is consistent with the Federal requirements of 30 CFR 884.13(a)(6)(i). Therefore, we are approving its inclusion. 17. Significant Aesthetic, Historic, and Recreational Values [30 CFR 884.13(a)(6)(ii)] Alabama, in section 884.13(a)(6)(ii) of the Plan, described the aesthetic, historic, and recreational values of Alabama. Alabama stated that, to ensure that all potential impacts of the reclamation process are mitigated, ADOL's Planning and Maintenance Branch will consult with the SHPO's Alabama Historical Commission. This statement is consistent with the Federal requirements of 30 CFR 884.13(a)(6)(ii). Therefore, we are approving its inclusion. 18. Flora and Fauna of the Northern One-Half of Alabama [30 CFR 884.13(a)(6)(iii)] Alabama, in section 884.13(a)(6)(iii) of the Plan, stated that, during the planning stages of proposed AML reclamation projects, evaluations are conducted by the Planning and Maintenance Branch to determine the presence of wetlands, endangered species, and other environmental concerns. Recommendations are provided to enhance or improve wildlife habitat, and to preserve wetlands and other critical wildlife habitat during construction. During this process, ADOL consults with the U.S. Fish and Wildlife [[Page 29000]] Service to determine whether the project will adversely affect any Federally-listed threatened or endangered species and to develop appropriate mitigation measures and minimize disturbance, if necessary. ADOL also coordinates with the ADCNR and reviews the Outdoor Alabama Watchable Wildlife database to determine whether any important natural features are recorded at or near the proposed reclamation project. These descriptions are consistent with the Federal requirements of 30 CFR 884.13(a)(6)(iii). Therefore, we are approving their inclusion. 19. Locations of Documented Coal Mines in Alabama [30 CFR 884.13(a)(5)(i)] Alabama included a mine map repository showing the general location of known or suspected eligible lands and waters within the State which require reclamation. This map repository is consistent with the Federal requirements of 30 CFR 884.13(a)(5)(i). Therefore, we are approving its inclusion. 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 June 27, 2016, under 30 CFR 884.14(a), we requested comments on the amendment from various Federal agencies with an actual or potential interest in the Alabama plan (Administrative Record No. AL-0670). We did not receive any comments. State Historical Preservation Officer (SHPO) and the Advisory Council on Historic Preservation (ACHP) Under 30 CFR 884.14(a)(2), we are required to request comments from the SHPO and ACHP on amendments that may have an effect on historic properties. On June 27, 2016, we requested comments on Alabama's amendment (Administrative Record No. AL-0670), but neither the SHPO nor ACHP responded to our request. V. OSMRE's Decision Based on the above findings, we approve the revised amendment Alabama sent us on July 28, 2017 (Administrative Record No. AL-0670- 03). To implement this decision, we are amending the Federal regulations at 30 CFR part 901, that codify decisions concerning the Alabama Plan. In accordance with the Administrative Procedure Act, this rule will take effect 30 days after the date of publication. Section 405 of SMCRA requires that each state with an abandoned mine reclamation program must have an approved State regulatory program pursuant to Section 503 of the Act. Section 503(a) of the Act 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 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 of Executive Order 12988. The Department determined that this Federal Register document meets the criteria of Section 3 of Executive Order 12988, which is intended to ensure that the agency reviews 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 document and to changes to the Federal regulations. The review under this Executive Order did not extend to the language of the State AML program or to the Plan amendment that the State of Alabama 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 Alabama Plan 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 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 plan 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 AML 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 rule 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 it falls within a categorical exclusion within the meaning of the National Environmental Policy Act (42 U.S.C. 4332(2)(C)). It is documented in the DOI Departmental Manual, 516 DM 13.5(B)(29), that agency decisions on approval of state reclamation plans for abandoned mine lands do not constitute major Federal Actions. [[Page 29001]] Paperwork Reduction Act This rulemaking does not contain information collection requirements that require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 3507 et seq.). Regulatory Flexibility Act The Department of the Interior certifies that this rulemaking will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The State submittal, which is the subject of this rulemaking, is based upon counterpart Federal regulations for which an economic analysis was prepared and certification made that such regulations would not have a significant economic effect upon a substantial number of small entities. In making the determination as to whether this rulemaking would have a significant economic impact, the Department relied upon the data and assumptions for the counterpart Federal regulations. Small Business Regulatory Enforcement Fairness Act This rulemaking is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This rulemaking: (a) Does not have an annual effect on the economy of $100 million; (b) Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; and (c) Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. This determination is based upon the fact that the State submittal, which is the subject of this rulemaking, is based upon counterpart Federal regulations for which an analysis was prepared and a determination made that the Federal regulation was not considered a major rulemaking. Unfunded Mandates This rulemaking will not impose an unfunded mandate on State, local, or tribal governments or the private sector of $100 million or more in any given year. This determination is based upon the fact that the State submittal, which is the subject of this rulemaking, is based upon counterpart Federal regulations for which an analysis was prepared and a determination made that the Federal regulation did not impose an unfunded mandate. List of Subjects in 30 CFR Part 901 Intergovernmental relations, Surface mining, Underground mining. Dated: May 31, 2018. Paul Ehret, Acting Regional Director, Mid-Continent Region. For the reasons set out in the preamble, 30 CFR part 901 is amended as set forth below: PART 901--ALABAMA 0 1. The authority citation for part 901 continues to read as follows: Authority: 30 U.S.C. 1201 et seq. 0 2. Section 901.25 is amended in the table by adding a new entry in chronological order by ``Date of final publication'' to read as follows: Sec. 901.25 Approval of Alabama abandoned mine land reclamation plan amendments. * * * * * ------------------------------------------------------------------------ Original amendment submission Date of final date publication Citation/description ------------------------------------------------------------------------ * * * * * * * June 7, 2016.................. June 22, 2018.... Abandoned Mine Land Reclamation Plan for the State of Alabama. ------------------------------------------------------------------------ [FR Doc. 2018-13434 Filed 6-21-18; 8:45 am] BILLING CODE 4310-05-P
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or its elements in accordance with RNA) and/or a measurement (e.g., established test in the same intended
paragraphs (b)(1)(v) and (b)(2)(vi) of this incorporating a score or copy number) specimen type, appropriate description
section. and/or with an alternative technology of the level of evidence and/or the
(F) A description of internal and (e.g., IHC, RT-qPCR, FISH), evidence of differences between next generation
external controls that are recommended accuracy must include clinically sequencing results and results from the
or provided and control procedures. The adequate concordance between results medically established test (e.g., as
description must identify those control for the mutation and the medically described in professional guidelines).
elements that are incorporated into the established biomarker test (e.g., (iv) A listing of all somatic mutations
testing procedure. evidence generated from an that are intended to be detected by the
(iv) Information demonstrating appropriately sized method comparison device and that are reported in the test
analytical validity of the device study using clinical specimens from the results under the following two
according to analytical performance target population). categories or equivalent designations, as
characteristics, evaluated either (3) For qualitative DNA mutations not appropriate: ‘‘cancer mutations panel
specifically for each gene/mutation or, described in paragraph (b)(1)(iv)(G)(2) of with evidence of clinical significance’’
when clinically and practically justified, this section, accuracy studies must or ‘‘cancer mutations panel with
using a representative approach based include both mutation-positive and potential clinical significance.’’
on other mutations of the same type, wild-type results. (v) For mutations reported under the
including: (H) Adequate device stability category of ‘‘cancer mutations panel
(A) Data that adequately supports the information. with potential clinical significance,’’ a
intended specimen type (e.g., formalin- (v) Information that adequately limiting statement that states ‘‘For the
fixed, paraffin-embedded tumor tissue), supports the clinical significance of the mutations listed in [cancer mutations
specimen handling protocol, and panel must include: panel with potential clinical
nucleic acid purification for specific (A) Criteria established on what types significance or equivalent designation],
tumor types or for a pan-tumor claim. and levels of evidence will clinically the clinical significance has not been
(B) A summary of the empirical validate a mutation as a cancer mutation demonstrated [with adequate clinical
evidence obtained to demonstrate how with evidence of clinical significance evidence (e.g., by professional
the analytical quality metrics and versus a cancer mutation with potential guidelines) in accordance with
thresholds were optimized. clinical significance. paragraph (b)(1)(v) of this section] or
(C) Device precision data using (B) For representative mutations of with this test.’’
clinical samples to adequately evaluate those designated as cancer mutations (vi) For mutations under the category
intra-run, inter-run, and total variability. with evidence of clinical significance, a of ‘‘cancer mutations panel with
The samples must cover all mutation description of the clinical evidence evidence of clinical significance,’’ or
types tested (both positive and negative associated with such mutations, such as equivalent designation, link(s) for
samples) and include samples near the clinical evidence presented in physicians to access internal or external
limit of detection of the device. professional guidelines, as appropriate, information concerning decision rules
Precision must be assessed by with method comparison performance or conclusions about the level of
agreement within replicates on the assay data as described in paragraph evidence for clinical significance that is
final result for each representative (b)(1)(iv)(G) of this section. associated with the marker in
mutation, as applicable, and also (C) For all other mutations designated accordance with paragraph (b)(1)(v) of
supported by sequencing quality metrics as cancer mutations with potential this section.
for targeted regions across the panel. clinical significance, a description of the
(D) Description of the protocols and/ rationale for reporting. Dated: June 18, 2018.
or data adequately demonstrating the (2) The 21 CFR 809.10 compliant Leslie Kux,
interchangeability of reagent lots and labeling and any product information Associate Commissioner for Policy.
multiplexing barcodes. and test report generated, must include [FR Doc. 2018–13406 Filed 6–21–18; 8:45 am]
(E) A description of the nucleic acid the following, as applicable: BILLING CODE 4164–01–P
assay input concentration range and the (i) The intended use statement must
evidence to adequately support the specify the following:
range. (A) The test is indicated for DEPARTMENT OF THE INTERIOR
(F) A description of the data previously diagnosed cancer patients.
adequately supporting the limit of (B) The intended specimen type(s) Office of Surface Mining Reclamation
detection of the device. and matrix (e.g., formalin-fixed, and Enforcement
(G) A description of the data to paraffin-embedded tumor tissue).
adequately support device accuracy (C) The mutation types (e.g., single 30 CFR Part 901
using clinical specimens representing nucleotide variant, insertion, deletion,
the intended specimen type and range copy number variation or gene [SATS No. AL–080–FOR; Docket ID: OSM–
of tumor types, as applicable. rearrangement) for which validation 2016–0011; S1D1S SS08011000 SX064A000
(1) Clinical specimens tested to data has been provided. 189S180110; S2D2S SS08011000
support device accuracy must SX064A000 18XS501520]
(D) The name of the testing facility or
adequately represent the list of cancer facilities, as applicable. Alabama Abandoned Mine Land
mutations with evidence of clinical (ii) A description of the device and Reclamation Plan
significance to be detected by the summary of the results of the
daltland on DSKBBV9HB2PROD with RULES
device. performance studies performed in AGENCY: Office of Surface Mining
(2) For mutations that are designated accordance with paragraphs (b)(1)(iii), Reclamation and Enforcement, Interior.
as cancer mutations with evidence of (b)(1)(iv), and (b)(1)(v) of this section. ACTION: Final rule; approval of
clinical significance and that are based (iii) A description of applicable test amendment.
on evidence established in the intended limitations, including, for device
specimen type (e.g., tumor tissues) but specific mutations validated with SUMMARY: We, the Office of Surface
for a different analyte type (e.g., protein, method comparison data to a medically Mining Reclamation and Enforcement
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(OSMRE), are approving an amendment opportunity for a public hearing or the original proposed reclamation plan
to the Alabama Abandoned Mine Land meeting on the adequacy of the and is consistent with the Federal
Reclamation (AMLR) Plan (hereinafter, amendment. We did not hold a public requirements of 30 CFR 884.13(a)(2).
the Plan) under the Surface Mining hearing or meeting because no one Therefore, we are approving its
Control and Reclamation Act of 1977 requested one. The public comment inclusion.
(SMCRA or the Act). Alabama proposed period ended on May 8, 2017. We did 3. Purpose, Goals and Objectives [30
updates to their Plan with changes not receive any public comments. CFR 884.13(a)(3)(i)]
required by the 2006 Amendments to During OSMRE’s review, several
SMCRA. minor deficiencies were noted, Alabama, in section 884.13(a)(3)(i) of
including section numbering the Plan, stated that the goal of its
DATES: The effective date is July 23, AMLR Plan is to amend those adverse
2018. inconsistencies and the lien language in
the ‘‘Reclamation of Private Land’’ effects of past coal mining conducted
FOR FURTHER INFORMATION CONTACT: section. By letter dated July 17, 2017 prior to August 3, 1977, which impact
William L. Joseph, Acting Director, (Administrative Record No. AL–0670– public health, safety, or general welfare,
Birmingham Field Office, Office of 02), OSMRE requested that Alabama and cause environmental degradation.
Surface Mining Reclamation and address these minor deficiencies. The stated objectives of the AMLR Plan
Enforcement, 135 Gemini Circle, Suite Because these requested changes were are to identify and prioritize these
215, Homewood, Alabama 35209. minor, Alabama was given the option to adverse impacts, provide planning
Telephone: (205) 290–7282. Email: either incorporate the changes or procedures, and affect their ultimate
bjoseph@osmre.gov. withdraw the amendment and resubmit reclamation. Alabama also stated that,
SUPPLEMENTARY INFORMATION: the Plan amendment at a later date. By although the primary purpose of the
I. Background on the Alabama Plan letter dated July 28, 2017 program is the reclamation of coal mine
II. Submission of the Amendment (Administrative Record No. AL–0670– lands, any non-coal AML issues will be
III. OSMRE’s Findings 03), Alabama returned a revised Plan dealt with in accordance with OSMRE
IV. Summary and Disposition of Comments amendment correcting the deficiencies policies. ADOL elected to set aside up
V. OSMRE’s Decision
and the amendment process resumed. to the maximum amount allowed by
VI. Procedural Determinations OSMRE of each year’s allocation of
I. Background on the Alabama Plan III. OSMRE’s Findings AML funds into a separate fund for the
We are approving the amendment as abatement of the causes and treatment
The Abandoned Mine Land of the effects of acid mine drainage.
Reclamation Program was established described below. The following are the
findings we made concerning Alabama’s These funds are used in accordance
by Title IV of the Act, (30 U.S.C. 1201 with all applicable State and Federal
et seq.) in response to concerns over amendment under SMCRA and the
Federal regulations at 30 CFR 884.14 regulations and are used to achieve the
extensive environmental damage caused priorities of SMCRA. The program
by past coal mining activities. The and 884.15. Any revisions that we do
not specifically discuss below purpose, goals, and objectives are
program is funded by a reclamation fee consistent with the Federal
collected on each ton of coal that is concerning non-substantive wording or
editorial changes can be found in the requirements of 30 CFR 884.13(a)(3)(i).
produced. The money collected is used Therefore, we are approving their
to finance the reclamation of abandoned full text of the Plan amendment
inclusion.
coal mines and for other authorized available at www.regulations.gov.
activities. Section 405 of the Act allows 4. Project Ranking, Selection and
Alabama Reclamation Plan
States and Indian tribes to assume Development Procedures [30 CFR
exclusive responsibility for reclamation 1. Governor’s Letter of Designation [30 884.13(a)(3)(ii)]
activity within the State or on Indian CFR 884.13(a)(1)] Alabama, in section 884.13(a)(3)(ii) of
lands if they develop and submit to the Alabama included a 1979 letter from the Plan, described the priority system
Secretary of the Interior for approval, a the Governor designating the Alabama and the specific criteria for identifying
program (often referred to as a plan) for Department of Industrial Relations, now and ranking all sites eligible for
the reclamation of abandoned coal known as the Alabama Department of reclamation under Title IV of the Act.
mines. Background information on the Labor (ADOL), as the agency responsible Examples of eligible site problems
Alabama Plan, including the Secretary’s for the abandoned mine lands include: Open and unprotected mine
findings, the disposition of comments, reclamation program in the state of entries; open shafts; hazardous
and the approval of the Plan, is found Alabama. This letter was submitted and highwalls and other steep
in the May 20, 1982, Federal Register approved as part of the original embankments; hazardous mine
(47 FR 22057). Later actions concerning proposed reclamation plan and is structures; underground mine
the Alabama Plan and amendments to consistent with the Federal subsidence; trash dumps on mine lands;
the Plan, are found at 30 CFR 901.20 requirements of 30 CFR 884.13(a)(1). water bodies adversely affected by coal
and 901.25. Therefore, we are approving its mine drainage; dangerous
inclusion. impoundments; and any other mine
II. Submission of the Amendment related danger. The sites given highest
By letter dated June 7, 2016 2. Legal Opinion [30 CFR 884.13(a)(2)] priority are those exhibiting extreme
(Administrative Record No. AL–0670), Alabama included a 1981 legal danger to public health, safety, and
Alabama sent OSMRE an amendment to opinion from the Attorney General of property from adverse effects of coal
its Plan under SMCRA (30 U.S.C. 1201 Alabama authorizing the Alabama mining practices. The sites given the
daltland on DSKBBV9HB2PROD with RULES
et seq.) at its own initiative. Department of Industrial Relations, second highest priority are those
We announced receipt of the under the legal authority of Alabama exhibiting adverse effects of coal mining
proposed amendment in the April 7, law, to conduct its reclamation program practices that may impact public health
2017, Federal Register (82 FR 16975). In in accordance with the requirements of and safety. The sites given third priority
the same document, we opened the Title IV of the Act. This legal opinion for restoration are those land and water
public comment period and provided an was submitted and approved as part of resources previously degraded by
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adverse effects of coal mining, including public health, safety, or general welfare. 8. Rights of Entry [30 CFR
measures for the conservation and The AML Emergency Program is 884.13(a)(3)(vi)]
development of soil, water, woodland, discussed further in Section 8, ‘‘Rights Alabama, in section 884.13(a)(3)(vi)
fish and wildlife, recreational resources, of Entry.’’ This description of agency and (iii) of the Plan, stated its policies
and agricultural productivity. The three coordination is consistent with the and procedures regarding rights of entry
priority categories described are Federal requirements of 30 CFR to lands or property. Pursuant to Code
consistent with Section 403(a) of 884.13(a)(3)(iii). Therefore, we are of Alabama Section 9–16–126, ADOL
SMCRA. Alabama also describes approving its inclusion. will take all reasonable actions to obtain
ADOL’s data acquisition procedures in
6. Land Acquisition, Management, and advance written consent from the
determining site eligibility, which
Disposal [30 CFR 884.13(a)(3)(iv)] property owner for the purposes of
include the review of past mining
reclamation. In the event that
records (available in the OSMRE’s Alabama, in section 884.13(a)(3)(iv) of permission cannot be obtained on
Abandoned Mine Land Inventory the Plan, stated that ADOL may acquire, properties where reclamation is needed
System (e-AMLIS)), site inventories, manage, and dispose of lands that have and there is an immediate danger to
field investigations, and public input. been adversely affected by coal mining public health, safety, or general welfare,
Alabama states that site priority will be activity, if deemed necessary, pursuant
determined for all eligible sites, police power entry is authorized under
to Section 407 of SMCRA, 30 U.S.C. the AML Emergency Program. If police
regardless of resource recovery 1237, and Code of Alabama Section
potential, and that any resource power entry is necessary, a written
9–16–127. These acquisition, notice must be mailed to the property
recovery will be undertaken in management, and disposition policies
accordance with Federal rules. Any owner at least 30 days prior to entry. If
and procedures are consistent with the the property owner’s address is not
remined sites will remain eligible for Federal requirements of 30 CFR
AML reclamation. These descriptions known, the notice must be posted on the
884.13(a)(3)(iv). Therefore, we are property and advertised in the
are consistent with the Federal approving their inclusion.
requirements of 30 CFR 884.13(a)(3)(ii). newspaper. These policies and
Therefore, we are approving their 7. Reclamation of Private Land [30 CFR procedures are consistent with the
inclusion. 884.13(a)(3)(v)] Federal requirements of 30 CFR
884.13(a)(3)(vi). Therefore, we are
5. Coordination With Other Programs Alabama, in section 884.13(a)(3)(v) of approving their inclusion.
[30 CFR 884.13(a)(3)(iii)] the Plan, described its policies and
procedures for reclamation on private 9. Public Participation Policies [30 CFR
Alabama, in section 884.13(a)(3)(iii) of 884.13(a)(3)(vii)]
the Plan, described ADOL’s land. Under its Plan, the ADOL State
coordination with other agencies. The Programs Administrator has the Alabama, in section 884.13(a)(3)(vii)
ADOL AML Program coordinates with authority to place or waive a lien against of the Plan, described its public
other State divisions such as the private property if the owner has participation policies in the
Alabama Department of Environmental consented to, participated in, or development and operation of its Plan.
Management (ADEM), the State Historic exercised control over the mining The ADOL encourages the public to
Preservation Office (SHPO), and the operation, and if reclamation will result contact its office with any questions or
Alabama Department of Conservation in a significant increase in property concerns regarding mining related
and Natural Resources (ADCNR), to value. If an initial evaluation suggests problems or the AML program, or to
review proposed reclamation projects, an increase in property value of $25,000 visit the ADOL Inspections Division
provide assistance, and offer expertise or more, the land appraisal may be Abandoned Mine Lands Program Office.
to ensure that reclamation activities conducted by an independent appraiser. For future projects, ADOL distributes
restore adversely impacted land and The Administrator will determine notifications to Federal, State, and local
water to a productive state while whether to place or waive a lien based elected officials, and publishes public
protecting natural and historic/cultural on both the independent appraisal notices to news outlets within the
resources. ADOL maintains an annual findings and other relevant facts, in county where the proposed activity is
cooperative agreement with a non-profit accordance with Code of Alabama located. If sufficient public response is
organization, the Walker County Soil Section 9–16–129. During OSMRE’s received, a public meeting may be
and Water Conservation District Board review, it was noted that this section of scheduled to provide information on
(WCB), which funds and oversees a the Plan, as well as the referenced proposed activities and address the
reclamation group that performs Alabama state law (Code of Alabama concerns of the citizens. Additional
reclamation and maintenance on AML Section 9–16–129), fails to address the public involvement in the preparation
sites and responds to AML emergencies. full requirements of 30 CFR 882.13(b) in of any revisions or amendments to the
Historically, several major and minor regard to notifying the landowner of the AML Plan will be coordinated and
tribes occupied Alabama; however, no proposed lien and allowing the executed by OSMRE during the public
tribal reservations were historically or landowner a reasonable time to pay that comment and review period. These
are currently located in the areas where amount in lieu of filing the lien. On July policies and procedures are consistent
AML reclamation presently takes place 17, 2017 (Administrative Record No. with the Federal requirements of 30 CFR
within the Alabama Coal Region. AL–0670–02), OSMRE requested that 884.13(a)(3)(vii). Therefore, we are
Consultations concerning potential Alabama add this lien language to its approving their inclusion.
cultural resource impacts are conducted proposed Plan. On July 28, 2017,
through the SHPO’s Alabama Historical Alabama returned a revised Plan which 10. Organization of the Designated
daltland on DSKBBV9HB2PROD with RULES
Commission through the NEPA review incorporated the additional lien Agency [30 CFR 884.13(a)(4)(i)]
process. Alabama also describes the language. These revised policies and Alabama, in section 884.13(a)(4)(i) of
purpose of its AML Emergency Program, procedures are consistent with the the Plan, described the organization of
which is to stabilize the emergency Federal requirements of 30 CFR ADOL and its relationship to other State
aspects of an AML problem by 884.13(a)(3)(v) and 882.13(b). Therefore, organizations that may become involved
eliminating the immediate danger to we are approving this inclusion. in its reclamation program. ADOL also
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![Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations 28999
attached an updated organizational Therefore, we are approving their abandoned structures and equipment;
chart. The Inspections Division of inclusion. insect or vermin vectors; water
ADOL reports to the Commissioner, via impoundments; waste banks; mine-
13. Accounting [30 CFR 884.13(a)(4)(iv)]
the State Programs Administrator. The related fires; landslide and flood
Commissioner for ADOL reports directly Alabama, in section 884.13(a)(4)(iv) of hazards; pollution of domestic water
to the Governor. The ADOL AML the Plan, described the ADOL’s supplies; erosion; sedimentation;
Program also coordinates with other accounting system, including reduced land potential; and aesthetic
State divisions such as the ADEM, procedures for the operation of the State disamenities. Reclamation techniques to
SHPO, and the ADCNR to review Abandoned Mine Reclamation Fund. restore the site to an environmentally
proposed reclamation projects, provide The ADOL Finance Division is stable condition will be based on
assistance, and offer expertise to ensure responsible for the proper accounting of ADOL’s site specific assessments,
that reclamation activities restore Federal draws, income, and expenses, current industry construction standards,
adversely impacted land and water to a including the maintenance of records and the reclamation cost estimate
productive state while protecting for annual audits conducted by the procedures outlined in OSMRE
natural and historic/cultural resources. Alabama Department of Examiners of Directive AML–1. These descriptions
This description of agency organization Public Accounts. AML projects, are consistent with the Federal
is consistent with the Federal including administrative, operational, requirements of 30 CFR 884.13(a)(5)(ii)
requirements of 30 CFR 884.13(a)(4)(i). and construction costs, are grant-funded and (iii). Therefore, we are approving
Therefore, we are approving its and detailed financial records are their inclusion.
inclusion. maintained for auditing purposes, in
accordance with 30 CFR part 886 and 16. The Economic Base [30 CFR
11. Personnel Staffing Policies [30 CFR OMB Circular A–102, Attachment 0. 884.13(a)(6)(i)]
884.13(a)(4)(ii)] This system description is consistent Alabama, in section 884.13(a)(6)(i) of
Alabama, in section 884.13(a)(4)(ii) of with the Federal requirements of 30 CFR the Plan, described the economic base
the Plan, described the personnel 884.13(a)(4)(iv). Therefore, we are for the state’s primary coal producing
staffing policies that will govern the approving its inclusion. region, including population size,
assignment of personnel to its market accessibility, economic
14. Eligible Lands and Waters [30 CFR
reclamation program. The program’s activities, such as agricultural products
884.13(a)(5)] [30 CFR 884.13(a)(5)(i)]
staff is selected on the basis of and manufacturing, and available
applicable academic and professional Alabama, in section 884.13(a)(5) and mining resources. This description is
experience. ADOL will be responsible (a)(5)(i) of the Plan, included a list of consistent with the Federal
for complying with all pertinent Federal documents and data sources offering requirements of 30 CFR 884.13(a)(6)(i).
and State laws. This description of general descriptions of known or Therefore, we are approving its
agency personnel policies is consistent suspected eligible lands and waters inclusion.
with the Federal requirements of 30 CFR within the State of Alabama which
884.13(a)(4)(ii). Therefore, we are potentially required reclamation at the 17. Significant Aesthetic, Historic, and
approving its inclusion. time of publication. Alabama also Recreational Values [30 CFR
included a list of counties, in order of 884.13(a)(6)(ii)]
12. Purchasing and Procurement [30 significance which have either reported Alabama, in section 884.13(a)(6)(ii) of
CFR 884.13(a)(4)(iii)]
coal mining prior to 1978, currently the Plan, described the aesthetic,
Alabama, in section 884.13(a)(4)(iii) of have conditions associated with past historic, and recreational values of
the Plan, stated that the purchasing and surface mining practices, or currently Alabama. Alabama stated that, to ensure
procurement systems used by ADOL have physical hazards or environmental that all potential impacts of the
will be in accordance with the conditions associated with past reclamation process are mitigated,
requirements of Office of Management underground mining practices. Alabama ADOL’s Planning and Maintenance
and Budget (OMB) Circular A–102, also included a mine map repository Branch will consult with the SHPO’s
Attachment 0. Purchasing and showing the general location of known Alabama Historical Commission. This
procurement program staff is trained in or suspected eligible lands and waters statement is consistent with the Federal
all applicable State and Federal within the State which require requirements of 30 CFR 884.13(a)(6)(ii).
regulations and larger transactions are reclamation. These descriptions are Therefore, we are approving its
reviewed, if necessary, by the Alabama consistent with the Federal inclusion.
Department of Finance, the State requirements of 30 CFR 884.13(a)(5) and
Attorney General, the Alabama 18. Flora and Fauna of the Northern
(a)(5)(i). Therefore, we are approving
Department of Examiners of Public One-Half of Alabama [30 CFR
their inclusion.
Accounts, and the State Auditor. 884.13(a)(6)(iii)]
Alabama also described its AML 15. Environmental Problems and Alabama, in section 884.13(a)(6)(iii) of
Applicant/Violator System (AVS), Reclamation Techniques [30 CFR the Plan, stated that, during the
which ensures that no company owners, 884.13(a)(5)(ii)] [30 CFR planning stages of proposed AML
directors, or major shareholders bidding 884.13(a)(5)(iii)] reclamation projects, evaluations are
on AML Federally funded projects have Alabama, in section 884.13(a)(5) conducted by the Planning and
any Federal coal mining violations or through (a)(5)(iii) of the Plan, described Maintenance Branch to determine the
state cessation orders that would render the problems occurring on known or presence of wetlands, endangered
them ineligible. Emergency program suspected lands and waters which species, and other environmental
daltland on DSKBBV9HB2PROD with RULES
contractors are also required to meet require reclamation, including a table concerns. Recommendations are
AVS clearance requirements, unless an expressing the percentage of total provided to enhance or improve wildlife
overriding need to proceed is abandoned mine lands affected by each habitat, and to preserve wetlands and
determined. These systems are problem or source. Examples of such other critical wildlife habitat during
consistent with the Federal problems include: Open shafts and construction. During this process, ADOL
requirements of 30 CFR 884.13(a)(4)(iii). portals; subsidence; highwalls; consults with the U.S. Fish and Wildlife
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![29000 Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations
Service to determine whether the Procedure Act, this rule will take effect responsibilities among the various
project will adversely affect any 30 days after the date of publication. levels of government.’’ Instead, this rule
Federally-listed threatened or Section 405 of SMCRA requires that approves an amendment to the Alabama
endangered species and to develop each state with an abandoned mine Plan submitted and drafted by that
appropriate mitigation measures and reclamation program must have an State. OSMRE reviewed the submission
minimize disturbance, if necessary. approved State regulatory program with fundamental federalism principles
ADOL also coordinates with the ADCNR pursuant to Section 503 of the Act. in mind as set forth in Sections 2 and
and reviews the Outdoor Alabama Section 503(a) of the Act requires that 3 of the Executive Order and with the
Watchable Wildlife database to the State’s program demonstrate that the principles of cooperative federalism as
determine whether any important State has the capability of carrying out set forth in SMCRA. See, e.g., 30 U.S.C.
natural features are recorded at or near the provisions of the Act and meeting its 1201(f). As such, pursuant to Section
the proposed reclamation project. These purposes. SMCRA requires consistency 503(a)(1) and (7) (30 U.S.C. 1253(a)(1)
descriptions are consistent with the of State and Federal standards. and (7)), OSMRE reviewed the plan
Federal requirements of 30 CFR amendment to ensure that it is ‘‘in
VI. Procedural Determinations
884.13(a)(6)(iii). Therefore, we are accordance with’’ the requirements of
approving their inclusion. Executive Order 12630—Takings SMCRA and ‘‘consistent with’’ the
This rulemaking does not have regulations issued by the Secretary
19. Locations of Documented Coal
takings implications. This pursuant to SMCRA.
Mines in Alabama [30 CFR
884.13(a)(5)(i)] determination is based on the analysis Executive Order 13175—Consultation
performed for the counterpart Federal and Coordination With Indian Tribal
Alabama included a mine map
regulation. Governments
repository showing the general location
of known or suspected eligible lands Executive Order 12866—Regulatory In accordance with Executive Order
and waters within the State which Planning and Review 13175, we have evaluated the potential
require reclamation. This map Pursuant to Office of Management and effects of this rulemaking on Federally-
repository is consistent with the Federal Budget (OMB) guidance, dated October recognized Indian tribes and have
requirements of 30 CFR 884.13(a)(5)(i). 12, 1993, the approval of state program determined that the rulemaking does
Therefore, we are approving its amendments is exempted from OMB not have substantial direct effects on
inclusion. review under Executive Order 12866. one or more Indian tribes, on the
relationship between the Federal
IV. Summary and Disposition of Executive Order 12988—Civil Justice Government and Indian tribes, or on the
Comments Reform distribution of power and
Public Comments The Department of the Interior has responsibilities between the Federal
We asked for public comments on the reviewed this rule as required by Government and Indian tribes. The basis
amendment but did not receive any. Section 3 of Executive Order 12988. The for this determination is that our
Department determined that this decision is on a State AML program and
Federal Agency Comments Federal Register document meets the does not involve Federal regulations
On June 27, 2016, under 30 CFR criteria of Section 3 of Executive Order involving Indian lands.
884.14(a), we requested comments on 12988, which is intended to ensure that
Executive Order 13211—Regulations
the amendment from various Federal the agency reviews its legislation and
That Significantly Affect the Supply,
agencies with an actual or potential proposed regulations to eliminate
Distribution, or Use of Energy
interest in the Alabama plan drafting errors and ambiguity, that the
(Administrative Record No. AL–0670). agency write its legislation and Executive Order 13211 of May 18,
We did not receive any comments. regulations to minimize litigation, and 2001, requires agencies to prepare a
that the agency’s legislation and Statement of Energy Effects for a
State Historical Preservation Officer regulations provide a clear legal rulemaking that is (1) considered
(SHPO) and the Advisory Council on standard for affected conduct rather significant under Executive Order
Historic Preservation (ACHP) than a general standard, and promote 12866, and (2) likely to have a
Under 30 CFR 884.14(a)(2), we are simplification and burden reduction. significant adverse effect on the supply,
required to request comments from the Because Section 3 focuses on the quality distribution, or use of energy. Because
SHPO and ACHP on amendments that of Federal legislation and regulations, this rule is exempt from review under
may have an effect on historic the Department limited its review under Executive Order 12866 and is not
properties. On June 27, 2016, we this Executive Order to the quality of expected to have a significant adverse
requested comments on Alabama’s this Federal Register document and to effect on the supply, distribution, or use
amendment (Administrative Record No. changes to the Federal regulations. The of energy, a Statement of Energy Effects
AL–0670), but neither the SHPO nor review under this Executive Order did is not required.
ACHP responded to our request. not extend to the language of the State
National Environmental Policy Act
AML program or to the Plan amendment
V. OSMRE’s Decision that the State of Alabama drafted. This rulemaking does not require an
Based on the above findings, we environmental impact statement
approve the revised amendment Executive Order 13132—Federalism because it falls within a categorical
Alabama sent us on July 28, 2017 This rule is not a ‘‘[p]olicy that [has] exclusion within the meaning of the
Federalism implications’’ as defined by National Environmental Policy Act (42
daltland on DSKBBV9HB2PROD with RULES
(Administrative Record No. AL–0670–
03). Section 1(a) of Executive Order 13132 U.S.C. 4332(2)(C)). It is documented in
To implement this decision, we are because it does not have ‘‘substantial the DOI Departmental Manual, 516 DM
amending the Federal regulations at 30 direct effects on the States, on the 13.5(B)(29), that agency decisions on
CFR part 901, that codify decisions relationship between the national approval of state reclamation plans for
concerning the Alabama Plan. In government and the States, or on the abandoned mine lands do not constitute
accordance with the Administrative distribution of power and major Federal Actions.
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![Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations 29001
Paperwork Reduction Act Business Regulatory Enforcement prepared and a determination made that
This rulemaking does not contain Fairness Act. This rulemaking: (a) Does the Federal regulation did not impose
information collection requirements that not have an annual effect on the an unfunded mandate.
require approval by OMB under the economy of $100 million; (b) Will not
cause a major increase in costs or prices List of Subjects in 30 CFR Part 901
Paperwork Reduction Act (44 U.S.C.
3507 et seq.). for consumers, individual industries, Intergovernmental relations, Surface
Federal, State, or local government
Regulatory Flexibility Act mining, Underground mining.
agencies, or geographic regions; and (c)
The Department of the Interior Does not have significant adverse effects Dated: May 31, 2018.
certifies that this rulemaking will not on competition, employment, Paul Ehret,
have a significant economic impact on investment, productivity, innovation, or Acting Regional Director, Mid-Continent
a substantial number of small entities the ability of U.S.-based enterprises to Region.
under the Regulatory Flexibility Act (5 compete with foreign-based enterprises.
U.S.C. 601 et seq.). The State submittal, This determination is based upon the For the reasons set out in the
which is the subject of this rulemaking, fact that the State submittal, which is preamble, 30 CFR part 901 is amended
is based upon counterpart Federal the subject of this rulemaking, is based as set forth below:
regulations for which an economic upon counterpart Federal regulations for
analysis was prepared and certification which an analysis was prepared and a PART 901—ALABAMA
made that such regulations would not determination made that the Federal
have a significant economic effect upon regulation was not considered a major ■ 1. The authority citation for part 901
a substantial number of small entities. rulemaking. continues to read as follows:
In making the determination as to Unfunded Mandates Authority: 30 U.S.C. 1201 et seq.
whether this rulemaking would have a
significant economic impact, the This rulemaking will not impose an ■ 2. Section 901.25 is amended in the
Department relied upon the data and unfunded mandate on State, local, or table by adding a new entry in
assumptions for the counterpart Federal tribal governments or the private sector chronological order by ‘‘Date of final
regulations. of $100 million or more in any given
publication’’ to read as follows:
year. This determination is based upon
Small Business Regulatory Enforcement the fact that the State submittal, which § 901.25 Approval of Alabama abandoned
Fairness Act is the subject of this rulemaking, is mine land reclamation plan amendments.
This rulemaking is not a major rule based upon counterpart Federal * * * * *
under 5 U.S.C. 804(2), the Small regulations for which an analysis was
Original amendment Date of final publication Citation/description
submission date
* * * * * * *
June 7, 2016 .................................. June 22, 2018 ................................ Abandoned Mine Land Reclamation Plan for the State of Alabama.
[FR Doc. 2018–13434 Filed 6–21–18; 8:45 am] of Defense regulations entitled ‘‘Defense PART 736—[REMOVED]
BILLING CODE 4310–05–P Material Disposition.’’ Therefore, this
rule can be removed from the CFR. ■ Accordingly, by the authority of 5
DATES: This rule is effective on June 22, U.S.C. 301, 32 CFR part 736 is removed.
DEPARTMENT OF DEFENSE 2018. Dated: June 12, 2018.
FOR FURTHER INFORMATION CONTACT: E.K. Baldini,
Department of the Navy James Omans at 703–614–5848. Lieutenant Commander, Judge Advocate
SUPPLEMENTARY INFORMATION: It has been General’s Corps, U.S. Navy, Federal Register
32 CFR Part 736 determined that publication of this CFR Liaison Officer.
[Docket ID: USN–2018–HQ–0002] part removal for public comment is [FR Doc. 2018–13409 Filed 6–21–18; 8:45 am]
impracticable, unnecessary, and BILLING CODE 3810–FF–P
RIN 0703–AB05
contrary to public interest since it is
Disposition of Property based on removing a duplicative CFR
part.
AGENCY: Department of the Navy, Removal of this part does not add or DEPARTMENT OF HOMELAND
Department of Defense. reduce the burden or cost on the public SECURITY
ACTION: Final rule. in any way. The cost of disposal of
surplus property will remain the same Coast Guard
SUMMARY: This final rule removes with removal of the part.
Department of the Navy regulations This rule is not significant under 33 CFR Part 117
governing disposition of property, Executive Order (E.O.) 12866,
including surplus real property,
daltland on DSKBBV9HB2PROD with RULES
‘‘Regulatory Planning and Review,’’ [Docket No. USCG–2018–0541]
warships, other surface vessels, personal therefore, E.O. 13771, ‘‘Reducing
property, and strategic materials. The Regulation and Controlling Regulatory Drawbridge Operation Regulation;
disposal of surplus property is governed Costs’’ does not apply. Cape Fear River, North Carolina,
by standing authorities found within the Wilmington, NC
U.S. Code. Further, disposal of surplus List of Subjects in 32 CFR Part 736
property is also governed by Department Surplus Government property. AGENCY: Coast Guard, DHS.
VerDate Sep<11>2014 16:09 Jun 21, 2018 Jkt 244001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\22JNR1.SGM 22JNR1](https://thefederalregister.org/doc/83_FR_29117/page/6.svg)
Document Created: 2018-11-06 09:50:13
Document Modified: 2018-11-06 09:50:13
| 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 of amendment. | |
| Dates | The effective date is July 23, 2018. | |
| Contact | William L. Joseph, Acting Director, Birmingham Field Office, Office of Surface Mining Reclamation and Enforcement, 135 Gemini Circle, Suite 215, Homewood, Alabama 35209. Telephone: (205) 290-7282. Email: [email protected] | |
| FR Citation | 83 FR 28996 | |
| CFR Associated | Intergovernmental Relations; Surface Mining and Underground Mining |
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