83 FR 4011 - Alabama Regulatory Program
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement Federal Register Volume 83, Issue 19 (January 29, 2018)
Office of Surface Mining Reclamation and Enforcement
Federal Register Volume 83, Issue 19 (January 29, 2018)
| Page Range | 4011-4013 | |
| FR Document | 2018-01646 |
[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)] [Proposed Rules] [Pages 4011-4013] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01646] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 901 [SATS No. AL-081-FOR; Docket ID: OSM-2017-0006; S1D1S SS08011000 SX064A000 189S180110; S2D2S SS08011000 SX064A000 18XS501520] Alabama Regulatory Program AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior. [[Page 4012]] ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment. ----------------------------------------------------------------------- SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Alabama regulatory program (Alabama program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Alabama proposes revisions to its program to allow the Alabama Surface Mining Commission (ASMC) to revise its current permit fee collection procedures from the term of the mine permit to enable the collection of permit fees over the entire life of the mine. The revision also defines the life of the mine to be from the issuance of the permit through the full release of the performance bond. This document gives the locations and times where the Alabama program documents and proposed amendment to that program are available for your inspection, establishes the comment period during which you may submit written comments on the amendment, and describes the procedures we will follow for the public hearing, if one is requested. DATES: We will accept written comments on this amendment until 4:00 p.m., CST, February 28, 2018. If requested, we will hold a public hearing about the amendment on February 23, 2018. We will accept requests to speak at a hearing until 4:00 p.m., CST on February 13, 2018. ADDRESSES: You may submit comments, identified by SATS No. AL-081-FOR by any of the following methods:Mail/Hand Delivery: William Joseph, Acting Director, Birmingham Field Office, Office of Surface Mining Reclamation and Enforcement, 135 Gemini Circle, Suite 215, Homewood, Alabama 35209. Fax: (205) 290-7280. Federal eRulemaking Portal: The amendment has been assigned Docket ID OSM-2017-0006. If you would like to submit comments go to http://www.regulations.gov. Follow the instructions for submitting comments. Instructions: All submissions received must include the agency name and docket number for this rulemaking. For detailed instructions on submitting comments and additional information on the rulemaking process, see the ``Public Comment Procedures'' heading of the SUPPLEMENTARY INFORMATION section of this document. Docket: For access to the docket to review copies of the Alabama program, this amendment, a listing of any scheduled public hearings, and all written comments received in response to this document, you must go to the address listed below during normal business hours, Monday through Friday, excluding holidays. You may receive one free copy of the amendment by contacting OSMRE's Birmingham Field Office or the full text of the program amendment is available for you to review at www.regulations.gov. William 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. In addition, you may review a copy of the amendment during regular business hours at the following location: Alabama Surface Mining Commission, 1811 Second Ave., P.O. Box 2390, Jasper, Alabama 35502- 2390, Telephone: (205) 221-4130. FOR FURTHER INFORMATION CONTACT: William Joseph, Acting Director, Birmingham Field Office. Telephone: (205) 290-7282. Email: bjoseph@osmre.gov. SUPPLEMENTARY INFORMATION: I. Background on the Alabama Program II. Description of the Proposed Amendment III. Public Comment Procedures IV. Procedural Determinations I. Background on the Alabama Program Section 503(a) of the Act permits a State to assume primacy for the regulation of surface coal mining and reclamation operations on non- Federal and non-Indian lands within its borders by demonstrating that its program includes, among other things, state laws and regulations that govern surface coal mining and reclamation operations in accordance with the Act and consistent with the Federal regulations. See 30 U.S.C. 1253(a)(1) and (7). On the basis of these criteria, the Secretary of the Interior conditionally approved the Alabama program effective May 20, 1982. You can find background information on the Alabama program, including the Secretary's findings, the disposition of comments, and the conditions of approval of the Alabama program in the May 20, 1982, Federal Register (47 FR 22030). You can also find later actions concerning the Alabama program and program amendments at 30 CFR 901.10, 901.15 and 901.16. II. Description of the Proposed Amendment By email dated June 21, 2017 (Administrative Record No. AL-0671), Alabama sent us an amendment to its program under SMCRA (30 U.S.C. 1201 et seq.) at its own initiative. Below is a summary of the changes proposed by Alabama. The full text of the program amendment is available for you to read at the locations listed above under ADDRESSES. Code of Alabama Section 9-16-83 Permits--Contents of application; reclamation plan; copy of application filed for public inspections; insurance; blasting plan. Alabama proposes revisions to its program to allow the ASMC to revise its current permit fee collection procedures from the term of the mine permit to enable the collection of permit fees over the entire life of the mine. The revision also defines the life of the mine to be from the issuance of the permit through the full release of the performance bond. III. Public Comment Procedures Under the provisions of 30 CFR 732.17(h), we are seeking your comments on whether the amendment satisfies the applicable program approval criteria of 30 CFR 732.15. If we approve the amendment, it will become part of the State plan. Electronic or Written Comments If you submit written comments, they should be specific, confined to issues pertinent to the proposed regulations, and explain the reason for any recommended change(s). We appreciate any and all comments, but those most useful and likely to influence decisions on the final program will be those that either involve personal experience or include citations to and analyses of SMCRA, its legislative history, its implementing regulations, case law, other pertinent State or Federal laws or regulations, technical literature, or other relevant publications. We cannot ensure that comments received after the close of the comment period (see DATES) or sent to an address other than those listed (see ADDRESSES) will be included in the docket for this rulemaking and considered. Public Availability of Comments Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment--including your personal identifying information--may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. [[Page 4013]] Public Hearing If you wish to speak at the public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., CST on February 13, 2018. If you are disabled and need reasonable accommodations to attend a public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT. We will arrange the location and time of the hearing with those persons requesting the hearing. If no one requests an opportunity to speak, we will not hold a hearing. To assist the transcriber and ensure an accurate record, we request, if possible, that each person who speaks at the public hearing provide us with a written copy of his or her comments. The public hearing will continue on the specified date until everyone scheduled to speak has been given an opportunity to be heard. If you are in the audience and have not been scheduled to speak and wish to do so, you will be allowed to speak after those who have been scheduled. We will end the hearing after everyone scheduled to speak and others present in the audience who wish to speak, have been heard. Public Meeting If only one person requests an opportunity to speak, we may hold a public meeting rather than a public hearing. If you wish to meet with us to discuss the amendment, please request a meeting by contacting the person listed under FOR FURTHER INFORMATION CONTACT. All such meetings are open to the public and, if possible, we will post notices of meetings at the locations listed under ADDRESSES. We will make a written summary of each meeting a part of the administrative record. IV. Procedural Determinations 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. Other Laws and Executive Orders Affecting Rulemaking When a State submits a program amendment to OSMRE for review, our regulations at 30 CFR 732.17(h) require us to hold a public hearing on a program amendment if it changes the objectives, scope or major policies followed, or make a finding that the State provided adequate notice and opportunity for public comment. Alabama has elected to have OSMRE publish a notice in the Federal Register indicating receipt of the proposed amendment and soliciting comments. We will conclude our review of the proposed amendment after the close of the public comment period and determine whether the amendment should be approved, approved in part, or not approved. At that time, we will also make the determinations and certifications required by the various laws and executive orders governing the rulemaking process and include them in the final rule. List of Subjects in 30 CFR Part 901 Intergovernmental relations, Surface mining, Underground mining. Dated: August 1, 2017. Alfred L. Clayborne, Regional Director, Mid-Continent Region. Editorial Note: The Office of the Federal Register received this document on January 24, 2018. [FR Doc. 2018-01646 Filed 1-26-18; 8:45 am] BILLING CODE 4310-05-P
![Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Proposed Rules 4011
with another firm in the same or similar managing the concern to others is not by NATIONAL LABOR RELATIONS
line of business, and that firm or an itself a reasonable rebuttal. BOARD
owner, director, officer, or manager, or (m) Exception for ‘‘extraordinary
a direct relative of an owner, director, circumstances.’’ SBA will not find that 29 CFR Parts 101 and 102
officer, or manager of that firm owns an a lack of control exists where a service- RIN 3142–AA12
equity interest in the concern. disabled veteran does not have the
(5) A non-service-disabled veteran unilateral power and authority to make Representation-Case Procedures
individual or entity, having an equity
decisions in ‘‘extraordinary AGENCY: National Labor Relations
interest in the concern, provides critical
circumstances.’’ The only circumstances Board.
financial or bonding support.
(6) In circumstances where a critical in which this exception applies are
those articulated in the definition. ACTION: Request for information;
license is held by a non-service-disabled extension of time to submit responses.
individual, or other entity, the non- (n) Exception for reservists recalled to
service-disabled individual or entity active duty. Notwithstanding the SUMMARY: The National Labor Relations
may be found to control the firm. A provisions of this section requiring a Board (the Board) published a Request
critical license is considered any license service-disabled veteran to control the for Information in the Federal Register
that would normally be required of daily business operations and long-term on December 14, 2017, seeking
firms operating in the same field or strategic planning of a concern, where a information from the public regarding
industry, regardless of whether a service-disabled veteran individual its representation election regulations,
specific license is required on a specific upon whom eligibility is based is a with a specific focus on amendments to
contract. reserve component member in the the Board’s representation case
(7) Business relationships exist with United States military who has been procedures adopted by the Board’s final
non-service-disabled veteran recalled to active duty, the concern may rule published on December 15, 2014.
individuals or entities which cause such elect to designate in writing one or more The date to submit responses to the
dependence that the applicant or individuals to control the concern on request for information is extended for
concern cannot exercise independent behalf of the service-disabled veteran three days as a result of the lapse in
business judgment without great during the period of active duty. The appropriations for the Federal
economic risk. concern will not be considered government. The Board is also granting
(j) Critical financing. A non-service- ineligible based on the absence of the an additional 30 days to file responses
disabled veteran individual or entity service-disabled veteran during the to the request for information.
may be found to control the concern period of active duty. The concern must DATES: Responses to the request for
through loan arrangements with the keep records evidencing the active duty information must be received by the
concern or the service-disabled and the written designation of control, Board on or before March 19, 2018. No
veteran(s). Providing a loan or a loan and provide those documents to VA, late responses will be accepted.
guaranty on commercially reasonable and if requested to SBA. Responses are limited to 25 pages.
terms does not, by itself, give a non-
■ 5. Amend § 125.22 by revising ADDRESSES: Electronic responses may be
service-disabled veteran individual or
entity the power to control a firm, but paragraph (a) to read as follows: submitted by going to www.nlrb.gov and
when taken into consideration with following the link to submit responses
§ 125.22 When may a contracting officer
other factors may be used to find that a to this request for information. The
set-aside a procurement for SDVO SBCs?
non-service-disabled firm or individual Board encourages electronic filing. If
controls the concern. (a) The contracting officer first must you do not have the ability to submit
(k) Normal business hours. There is a review a requirement to determine your response electronically, responses
rebuttable presumption that a service- whether it is excluded from SDVO may be submitted by mail to: Roxanne
disabled veteran does not control the contracting pursuant to § 125.21. Rothschild, Deputy Executive Secretary,
firm when the service-disabled veteran * * * * * National Labor Relations Board, 1015
is not able to work for the firm during Half Street SE, Washington, DC 20570.
■ 6. Amend § 125.23 by revising
the normal working hours that paragraphs (a) and (b) to read as follows: Dated: January 24, 2018.
businesses in that industry normally Roxanne Rothschild,
work. This may include, but is not § 125.23 When may a contracting officer Deputy Executive Secretary.
limited to, other full-time or part-time award sole source contracts to SDVO
[FR Doc. 2018–01622 Filed 1–26–18; 8:45 am]
employment, being a full-time or part- SBCs?
BILLING CODE P
time student, or any other activity or * * * * *
obligation that prevents the service- (a) None of the provisions of § 125.21
disabled veteran from actively working or § 125.22 apply;
for the firm during normal business DEPARTMENT OF THE INTERIOR
operating hours. (b) The anticipated award price of the
contract (including options) will not Office of Surface Mining Reclamation
(l) Close proximity. There is rebuttable
exceed $6,500,000 in the case of a and Enforcement
presumption that a service-disabled
veteran does not control the firm if that contract assigned a NAICS code for
manufacturing, or $4,000,000 in the case 30 CFR Part 901
individual is not located within a
sradovich on DSK3GMQ082PROD with PROPOSALS
reasonable commute to firm’s of any other contract opportunity; [SATS No. AL–081–FOR; Docket ID: OSM–
headquarters and/or job-sites locations, * * * * * 2017–0006; S1D1S SS08011000 SX064A000
regardless of the firm’s industry. The 189S180110; S2D2S SS08011000
Dated: January 18, 2018. SX064A000 18XS501520]
service-disabled veteran’s ability to
Linda E. McMahon,
answer emails, communicate by Alabama Regulatory Program
telephone, or to communicate at a Administrator.
distance by other technological means, [FR Doc. 2018–01392 Filed 1–26–18; 8:45 am] AGENCY:Office of Surface Mining
while delegating the responsibility of BILLING CODE 8025–01–P Reclamation and Enforcement, Interior.
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![Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Proposed Rules 4013
Public Hearing the proposed amendment and soliciting SUPPLEMENTARY INFORMATION section for
If you wish to speak at the public comments. We will conclude our review further instructions on submitting
hearing, contact the person listed under of the proposed amendment after the comments.
FOR FURTHER INFORMATION CONTACT by close of the public comment period and FOR FURTHER INFORMATION CONTACT: If
4:00 p.m., CST on February 13, 2018. If determine whether the amendment you have questions about this proposed
you are disabled and need reasonable should be approved, approved in part, rulemaking, call or email Lieutenant
accommodations to attend a public or not approved. At that time, we will Commander (LCDR) Howard Vacco,
hearing, contact the person listed under also make the determinations and Sector New Orleans, US Coast Guard at
FOR FURTHER INFORMATION CONTACT. We certifications required by the various (504) 365–2281 or Howard.K.Vacco@
will arrange the location and time of the laws and executive orders governing the uscg.mil.
hearing with those persons requesting rulemaking process and include them in
the final rule. SUPPLEMENTARY INFORMATION:
the hearing. If no one requests an
opportunity to speak, we will not hold List of Subjects in 30 CFR Part 901 I. Table of Abbreviations
a hearing. AHP Above Head of Passes
To assist the transcriber and ensure an Intergovernmental relations, Surface
mining, Underground mining. BNM Broadcast Notice of Mariners
accurate record, we request, if possible, CFR Code of Federal Regulations
that each person who speaks at the Dated: August 1, 2017. COTP Captain of the Port Sector New
public hearing provide us with a written Alfred L. Clayborne, Orleans
copy of his or her comments. The public Regional Director, Mid-Continent Region. DHS Department of Homeland Security
hearing will continue on the specified FR Federal Register
date until everyone scheduled to speak Editorial Note: The Office of the Federal LMR Lower Mississippi River
Register received this document on January MM Mile Marker
has been given an opportunity to be 24, 2018. MSIB Marine Safety Information Bulletin
heard. If you are in the audience and NPRM Notice of proposed rulemaking
[FR Doc. 2018–01646 Filed 1–26–18; 8:45 am]
have not been scheduled to speak and § Section
wish to do so, you will be allowed to BILLING CODE 4310–05–P
U.S.C. United States Code
speak after those who have been
scheduled. We will end the hearing after II. Background, Purpose, and Legal
everyone scheduled to speak and others DEPARTMENT OF HOMELAND Basis
present in the audience who wish to SECURITY On March 14, 2017, the 2018 NOLA
speak, have been heard. Foundation notified the Coast Guard
Coast Guard
Public Meeting that it would be conducting a fireworks
display from 8 p.m. to 8:20 p.m. on
If only one person requests an 33 CFR 165
April 14, 2018, to commemorate the tri-
opportunity to speak, we may hold a [Docket Number USCG–2017–1068] centennial anniversary of the French
public meeting rather than a public Quarter Fest. The fireworks are to be
hearing. If you wish to meet with us to RIN 1625–AA00
launched from a barge in the
discuss the amendment, please request Mississippi River approximately located
Safety Zone; Lower Mississippi River,
a meeting by contacting the person at mile marker (MM) 95.5 Above Head
New Orleans, LA
listed under FOR FURTHER INFORMATION of Passes (AHP). Hazards from firework
CONTACT. All such meetings are open to AGENCY: Coast Guard, DHS. displays include accidental discharge of
the public and, if possible, we will post ACTION: Notice of proposed rulemaking. fireworks, dangerous projectiles, and
notices of meetings at the locations falling hot embers or other debris. The
listed under ADDRESSES. We will make SUMMARY: The Coast Guard proposes to Captain of the Port Sector New Orleans
a written summary of each meeting a establish a temporary safety zone for all (COTP) has determined that potential
part of the administrative record. navigable waters on the Lower hazards associated with the fireworks
Mississippi River above Head of Passes would be a safety concern for anyone
IV. Procedural Determinations between Mile Marker (MM) 95.0 and within a one-mile length of the river.
Executive Order 12866—Regulatory MM 96.0. This safety zone is necessary The purpose of this rulemaking is to
Planning and Review to protect persons and vessels from ensure the safety of vessels on the
potential safety hazards associated with navigable waters within a one-mile
Pursuant to Office of Management and
a fireworks display on April 14, 2018. range of the fireworks barge before,
Budget (OMB) Guidance dated October
This proposed rulemaking would during, and after the scheduled event.
12, 1993, the approval of state program
prohibit persons and vessels from The Coast Guard proposes this
amendments is exempted from OMB
entering the safety zone unless rulemaking under authority in 33 U.S.C.
review under Executive Order 12866.
authorized by the Captain of the Port 1231.
Other Laws and Executive Orders Sector New Orleans or a designated
Affecting Rulemaking representative. We invite your III. Discussion of Proposed Rule
When a State submits a program comments on this proposed rulemaking. The COTP proposes to establish a
amendment to OSMRE for review, our DATES: Comments and related material safety zone from 7:30 p.m. to 9 p.m. on
regulations at 30 CFR 732.17(h) require must be received by the Coast Guard on April 14, 2018. The safety zone would
sradovich on DSK3GMQ082PROD with PROPOSALS
us to hold a public hearing on a program or before February 28, 2018. cover all navigable waters of the Lower
amendment if it changes the objectives, ADDRESSES: You may submit comments Mississippi River between MM 95 and
scope or major policies followed, or identified by docket number USCG– 96AHP. The duration of the zone is
make a finding that the State provided 2017–1068 using the Federal intended to ensure the safety of vessels
adequate notice and opportunity for eRulemaking Portal at http:// and these navigable waters before,
public comment. Alabama has elected to www.regulations.gov. See the ‘‘Public during, and after the scheduled
have OSMRE publish a notice in the Participation and Request for fireworks display. No vessel or person
Federal Register indicating receipt of Comments’’ portion of the would be permitted to enter the safety
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Document Created: 2018-01-27 00:57:43
Document Modified: 2018-01-27 00:57:43
| 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 | Proposed Rules | |
| Action | Proposed rule; public comment period and opportunity for public hearing on proposed amendment. | |
| Dates | We will accept written comments on this amendment until 4:00 p.m., CST, February 28, 2018. If requested, we will hold a public hearing about the amendment on February 23, 2018. We will accept requests to speak at a hearing until 4:00 p.m., CST on February 13, 2018. | |
| Contact | William Joseph, Acting Director, Birmingham Field Office. Telephone: (205) 290-7282. Email: [email protected] | |
| FR Citation | 83 FR 4011 | |
| CFR Associated | Intergovernmental Relations; Surface Mining and Underground Mining |
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