83_FR_44140 83 FR 43972 - Alabama Regulatory Program

83 FR 43972 - Alabama Regulatory Program

DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement

Federal Register Volume 83, Issue 168 (August 29, 2018)

Page Range43972-43974
FR Document2018-18716

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Alabama regulatory program (Alabama program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Alabama proposed revisions to its program regarding permit fees. Alabama revised its program at its own initiative to raise revenues sufficient to fund the Alabama Surface Mining Commission's (ASMC) share of costs to administer the Alabama coal regulatory program, including the reviewing, administering, inspecting, and enforcing of surface coal mining permits in Alabama.

Federal Register, Volume 83 Issue 168 (Wednesday, August 29, 2018)
[Federal Register Volume 83, Number 168 (Wednesday, August 29, 2018)]
[Rules and Regulations]
[Pages 43972-43974]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18716]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 901

[SATS No. AL-082-FOR; Docket ID: OSM-2017-0011; S1D1S SS08011000 
SX064A000 189S180110; S2D2S SS08011000 SX064A000 18XS501520]


Alabama Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Final rule; approval of amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE), are approving an amendment to the Alabama regulatory program 
(Alabama program) under the Surface Mining Control and Reclamation Act 
of 1977 (SMCRA or the Act). Alabama proposed revisions to its program 
regarding permit fees. Alabama revised its program at its own 
initiative to raise revenues sufficient to fund the Alabama Surface 
Mining Commission's (ASMC) share of costs to administer the Alabama 
coal regulatory program, including the reviewing, administering, 
inspecting, and enforcing of surface coal mining permits in Alabama.

DATES: The effective date is September 28, 2018.

FOR FURTHER INFORMATION CONTACT: 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.

SUPPLEMENTARY INFORMATION:

I. Background on the Alabama Program
II. Submission of the Amendment
III. OSMRE's Findings
IV. Summary and Disposition of Comments
V. OSMRE's Decisions
VI. 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 requirements of 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. Submission of the Amendment

    By email dated August 14, 2017 (Administrative Record No. AL-0672), 
Alabama sent us an amendment to its program under SMCRA (30 U.S.C. 1201 
et seq.) at its own initiative.
    We announced the receipt of the proposed amendment in the January 
22, 2018, Federal Register (83 FR 2953). 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 February 21, 2018. We received four 
public comments (Administrative Record No. AL-0672-03) that are 
addressed in the Public Comments section of IV, Summary and Disposition 
of Comments, below.

III. OSMRE's Findings

    We are approving the amendment as described below. The following 
are findings we made concerning Alabama's amendment under SMCRA and the 
Federal regulations at 30 CFR 732.15 and 732.17. Any revisions that we 
do not specifically discuss below concerning non-substantive wording or 
editorial changes can be found in the full text of the program 
amendment available at www.regulations.gov.

Alabama Administrative Code 880-X-8B-.07

    Alabama proposed to revise its regulations at Alabama 
Administrative Code 880-X-8B-.07, increasing coal mining permit fees to 
adequately fund the ASMC for the purposes of reviewing, administering, 
inspecting, and enforcing surface coal mining permits in Alabama.
    By this amendment, Alabama is:
    (1) Increasing the initial acreage fee from $35.00 per acre to 
$75.00, to be paid on each acre in a permit covered by a performance 
bond prior to the initiation of operations on the permit (or on an 
increment if increments are used), and to be paid on all bonded acreage 
covered by a permit renewal;
    (2) Increasing the basic fee for a coal exploration permit 
application from $2,000.00 to $2,500.00;
    (3) Increasing the basic fee for a permit renewal application from 
$1,000.00 to $2,500.00;
    (4) Increasing the basic fee for a permit transfer application from 
$200.00 to $500.00;
    (5) Adding an annual acreage fee for expired permits of $15.00, per 
acre, to be paid by December 31st of each year on each acre covered by 
a performance bond as of October 1st of the year; and
    (6) Adding the inspection of permits to the ASMC's uses for the 
deposited permit fees.
    Alabama fully funds its share of costs to regulate the coal mining 
industry with fees paid by the coal industry. The proposed fee 
revisions are intended to provide adequate funding to pay the

[[Page 43973]]

State's cost of operating its regulatory program. The ASMC does not 
expect the increase in permit fees to exceed the actual or anticipated 
cost of reviewing, administering, inspecting, and enforcing surface 
coal mining permits in Alabama.
    We find that Alabama's fee changes are consistent with the 
discretionary authority provided by the Federal regulation at 30 CFR 
777.17. Therefore, we are approving Alabama's revision.

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on the amendment. As noted in section 
II, we received four comments (Administrative Record No. AL-0672-03). 
The four commenters provided comments that were outside the scope of 
the proposed amendment and not germane to the topic of surface coal 
mining in general. We are not addressing these comments in this final 
rule for these reasons. The full texts of these comments are available 
at www.regulations.gov.

Federal Agency Comments

    On August 21, 2017, pursuant to 30 CFR 732.17(h)(11)(i) and Section 
503(b) of SMCRA, we requested comments on the amendment from various 
Federal agencies with an actual or potential interest in the Alabama 
program (Administrative Record No. AL-0672-02). We did not receive any 
comments.

Environmental Protection Agency (EPA) Concurrence and Comments

    Under 30 CFR 732.17(h)(11)(ii), we are required to get a written 
concurrence from EPA for those provisions of the program amendment that 
relate to air or water quality standards issued under the authority of 
the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean Air Act (42 
U.S.C. 7401 et seq.). None of the revisions that Alabama proposed to 
make in this amendment pertain to air or water quality standards. 
Therefore, we did not ask EPA to concur on the amendment. However, on 
August 21, 2017, under 30 CFR 732.17(h)(11)(i), we requested comments 
from the EPA on the amendment (Administrative Record No. AL-0672-02). 
The EPA did not respond to our request.

State Historical Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP)

    Under 30 CFR 732.17(h)(4), we are required to request comments from 
the SHPO and ACHP on amendments that may have an effect on historic 
properties. On August 21, 2017, we requested comments on the amendment 
(Administrative Record No. AL-0672-02). We did not receive any 
comments.

V. OSMRE's Decision

    Based on the above findings, we are approving the Alabama amendment 
that was submitted on August 14, 2017 (Administrative Record No. AL-
0672).
    To implement this decision, we are amending the Federal regulations 
at 30 CFR part 901 that codify decisions concerning the Alabama 
program. In accordance with the Administrative Procedure Act, this rule 
will take effect 30 days after the date of publication. Section 503(a) 
of SMCRA requires that the State's program demonstrate 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(a) of Executive Order 12988. The Department has determined 
that this Federal Register document meets the criteria of Section 3 of 
Executive Order 12988, which is intended to ensure that the agency 
review its legislation and regulations to minimize litigation; and that 
the agency's legislation and regulations provide a clear legal standard 
for affected conduct rather than a general standard, and promote 
simplification and burden reduction. Because Section 3 focuses on the 
quality of Federal legislation and regulations, the Department limited 
its review under this Executive Order to the quality of this Federal 
Register document and to changes to the Federal regulations. The review 
under this Executive Order did not extend to the language of the State 
regulatory program or to the program amendment that the State of 
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 program 
submitted and drafted by that State. OSMRE reviewed the submission with 
fundamental federalism principles in mind as set forth in Section 2 and 
3 of the Executive Order and with the principles of cooperative 
federalism as set forth in SMCRA. See, e.g., 30 U.S.C. 1201(f). As 
such, pursuant to Section 503(a)(1) and (7)(30 U.S.C. 1253(a)(1) and 
(7)), OSMRE reviewed the program amendment to ensure that it is ``in 
accordance with'' the requirements of SMCRA and ``consistent with'' the 
regulations issued by the Secretary pursuant to SMCRA.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have evaluated the 
potential effects of this rulemaking on Federally-recognized Tribes and 
have determined that the rulemaking does not have substantial direct 
effects on one or more Tribes, on the relationship between the Federal 
government and Tribes, or on the distribution of power and 
responsibilities between the Federal Government and Tribes. The basis 
for this determination is that our decision is on a State regulatory 
program and does not involve Federal regulations involving Indian 
lands.

Executive Order 13211--Regulations That Significantly Affect the 
Supply, Distribution, or Use of Energy

    Executive Order 13211 of May 18, 2001, requires agencies to prepare 
a Statement of Energy Effects for a rulemaking that is (1) considered 
significant under Executive Order 12866, and (2) likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy. Because this rulemaking is exempt from review under Executive 
Order 12866 and is not expected to have a significant adverse effect on 
the supply, distribution, or use of energy, a Statement of Energy 
Effects is not required.

National Environmental Policy Act

    This rulemaking does not require an environmental impact statement 
because section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that 
agency decisions on proposed State regulatory program provisions do not 
constitute

[[Page 43974]]

major Federal actions within the meaning of section 102(2)(C) of the 
National Environmental Policy Act (42 U.S.C. 4332(2)(C)).

Paperwork Reduction Act

    This rulemaking does not contain information collection 
requirements that require approval by OMB under the Paperwork Reduction 
Act (44 U.S.C. 3507 et seq.).

Regulatory Flexibility Act

    The Department of the Interior certifies that this rulemaking will 
not have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
The State submittal, which is the subject of this rulemaking, is based 
upon counterpart Federal regulations for which an economic analysis was 
prepared and certification made that such regulations would not have a 
significant economic effect upon a substantial number of small 
entities. In making the determination as to whether this rulemaking 
would have a significant economic impact, the Department relied upon 
the data and assumptions for the counterpart Federal regulations.

Small Business Regulatory Enforcement Fairness Act

    This rulemaking is not a major rule under 5 U.S.C. 804(2), the 
Small Business Regulatory Enforcement Fairness Act. This rulemaking: 
(a) Does not have an annual effect on the economy of $100 million; (b) 
Will not cause a major increase in costs or prices for consumers, 
individual industries, Federal, State, or local government agencies, or 
geographic regions; and (c) Does not have significant adverse effects 
on competition, employment, investment, productivity, innovation, or 
the ability of U.S.-based enterprises to compete with foreign-based 
enterprises. This determination is based upon the fact that the State 
submittal, which is the subject of this rulemaking, is based upon 
counterpart Federal regulations for which an analysis was prepared and 
a determination made that the Federal regulation was not considered a 
major rule.

Unfunded Mandates

    This rulemaking will not impose an unfunded mandate on State, 
local, or tribal governments or the private sector of $100 million or 
more in any given year. This determination is based upon the fact that 
the State submittal, which is the subject of this rulemaking, is based 
upon counterpart Federal regulations for which an analysis was prepared 
and a determination made that the Federal regulation did not impose an 
unfunded mandate.

List of Subjects in 30 CFR Part 901

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: August 16, 2018.
Alfred L. Clayborne,
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 901.15 is amended in the table by adding an entry for 
``Alabama Administrative Code 880-X-8B-.07'' in chronological order by 
``Date of final publication'' to read as follows:


Sec.  901.15  Approval of Alabama regulatory program amendments.

* * * * *

------------------------------------------------------------------------
  Original amendment submission      Date of final         Citation/
              date                    publication         description
------------------------------------------------------------------------
 
                              * * * * * * *
August 14, 2017.................  August 29, 2018...  Alabama
                                                       Administrative
                                                       Code 880-X-8B-
                                                       .07.
------------------------------------------------------------------------

[FR Doc. 2018-18716 Filed 8-28-18; 8:45 am]
BILLING CODE 4310-05-P



                                              43972            Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Rules and Regulations

                                              ASW TX E2 Georgetown, TX [New]                          (OSMRE), are approving an amendment                   2018, Federal Register (83 FR 2953). In
                                              Georgetown Municipal Airport, TX                        to the Alabama regulatory program                     the same document, we opened the
                                                 (Lat. 30°40′44″ N, long. 97°40′46″ W)                (Alabama program) under the Surface                   public comment period and provided an
                                                 That airspace extending upward from the              Mining Control and Reclamation Act of                 opportunity for a public hearing or
                                              surface to and including 3,300 feet MSL                 1977 (SMCRA or the Act). Alabama                      meeting on the adequacy of the
                                              within a 4.1-mile radius of Georgetown                  proposed revisions to its program                     amendment. We did not hold a public
                                              Municipal Airport. This Class E airspace is             regarding permit fees. Alabama revised                hearing or meeting because no one
                                              effective during the specific dates and times           its program at its own initiative to raise            requested one. The public comment
                                              established in advance by a Notice to                   revenues sufficient to fund the Alabama               period ended on February 21, 2018. We
                                              Airmen. The effective dates and times will
                                                                                                      Surface Mining Commission’s (ASMC)                    received four public comments
                                              thereafter be continuously published in the
                                              Chart Supplement.
                                                                                                      share of costs to administer the Alabama              (Administrative Record No. AL–0672–
                                                                                                      coal regulatory program, including the                03) that are addressed in the Public
                                              Paragraph 6005 Class E Airspace Areas                   reviewing, administering, inspecting,                 Comments section of IV, Summary and
                                              Extending Upward From 700 Feet or More                  and enforcing of surface coal mining                  Disposition of Comments, below.
                                              Above the Surface of the Earth.                         permits in Alabama.
                                              *      *     *       *      *                                                                                 III. OSMRE’s Findings
                                                                                                      DATES: The effective date is September
                                              ASW TX E5 Austin, TX [Amended]                          28, 2018.                                                We are approving the amendment as
                                                                                                      FOR FURTHER INFORMATION CONTACT:                      described below. The following are
                                              San Marcos Regional Airport, TX
                                                 (Lat. 29°53′34″ N, long. 97°51′47″ W)                William Joseph, Acting Director,                      findings we made concerning Alabama’s
                                              Lockhart Municipal Airport, TX                          Birmingham Field Office, Office of                    amendment under SMCRA and the
                                                 (Lat. 29°51′01″ N, long. 97°40′21″ W)                Surface Mining Reclamation and                        Federal regulations at 30 CFR 732.15
                                                 That airspace extending upward from 700              Enforcement, 135 Gemini Circle, Suite                 and 732.17. Any revisions that we do
                                              feet above the surface within a 6.8-mile                215, Homewood, Alabama 35209.                         not specifically discuss below
                                              radius of San Marcos Regional Airport, and              Telephone: (205) 290–7282. Email:                     concerning non-substantive wording or
                                              within 2 miles each side of the 268° bearing            bjoseph@osmre.gov.                                    editorial changes can be found in the
                                              from the airport extending from the 6.8-mile                                                                  full text of the program amendment
                                                                                                      SUPPLEMENTARY INFORMATION:
                                              radius to 13.1 miles west of the airport, and                                                                 available at www.regulations.gov.
                                              within 2 miles each side of the 313° bearing            I. Background on the Alabama Program
                                              from the airport extending from the 6.8-mile            II. Submission of the Amendment                       Alabama Administrative Code 880–X–
                                              radius to 12.0 miles northwest of the airport,          III. OSMRE’s Findings                                 8B–.07
                                              and within 2 miles each side of the 088°                IV. Summary and Disposition of Comments
                                              bearing from the airport extending from the             V. OSMRE’s Decisions                                     Alabama proposed to revise its
                                              6.8-mile radius to 10.5 miles east of the               VI. Procedural Determinations                         regulations at Alabama Administrative
                                              airport, and within 2 miles each side of the                                                                  Code 880–X–8B–.07, increasing coal
                                                                                                      I. Background on the Alabama Program                  mining permit fees to adequately fund
                                              133° bearing from the airport extending from
                                              the 6.8-mile radius to 9.7 miles southeast of              Section 503(a) of the Act permits a                the ASMC for the purposes of
                                              the airport, and within 2 miles each side of            State to assume primacy for the                       reviewing, administering, inspecting,
                                              the 178° bearing from the airport extending             regulation of surface coal mining and                 and enforcing surface coal mining
                                              from the 6.8-mile radius to 10.5 miles south            reclamation operations on non-Federal                 permits in Alabama.
                                              of the airport, and within a 6.4-mile radius            and non-Indian lands within its borders                  By this amendment, Alabama is:
                                              of Lockhart Municipal Airport.                          by demonstrating that its program                        (1) Increasing the initial acreage fee
                                                Issued in Fort Worth, Texas, on August 22,            includes, among other things, State laws              from $35.00 per acre to $75.00, to be
                                              2018.                                                   and regulations that govern surface coal              paid on each acre in a permit covered
                                              Walter Tweedy,                                          mining and reclamation operations in                  by a performance bond prior to the
                                              Acting Manager, Operations Support Group,               accordance with the requirements of the               initiation of operations on the permit (or
                                              ATO Central Service Center.                             Act and consistent with the Federal                   on an increment if increments are used),
                                              [FR Doc. 2018–18645 Filed 8–28–18; 8:45 am]             regulations. See 30 U.S.C. 1253(a)(1)                 and to be paid on all bonded acreage
                                              BILLING CODE 4910–13–P                                  and (7). On the basis of these criteria,              covered by a permit renewal;
                                                                                                      the Secretary of the Interior                            (2) Increasing the basic fee for a coal
                                                                                                      conditionally approved the Alabama                    exploration permit application from
                                              DEPARTMENT OF THE INTERIOR                              program effective May 20, 1982. You                   $2,000.00 to $2,500.00;
                                                                                                      can find background information on the                   (3) Increasing the basic fee for a
                                              Office of Surface Mining Reclamation                    Alabama program, including the                        permit renewal application from
                                              and Enforcement                                         Secretary’s findings, the disposition of              $1,000.00 to $2,500.00;
                                                                                                      comments, and the conditions of                          (4) Increasing the basic fee for a
                                              30 CFR Part 901                                         approval of the Alabama program in the                permit transfer application from $200.00
                                                                                                      May 20, 1982, Federal Register (47 FR                 to $500.00;
                                              [SATS No. AL–082–FOR; Docket ID: OSM–                   22030). You can also find later actions                  (5) Adding an annual acreage fee for
                                              2017–0011; S1D1S SS08011000 SX064A000                                                                         expired permits of $15.00, per acre, to
                                                                                                      concerning the Alabama program and
                                              189S180110; S2D2S SS08011000                                                                                  be paid by December 31st of each year
                                              SX064A000 18XS501520]                                   program amendments at 30 CFR 901.10,
                                                                                                      901.15, and 901.16.                                   on each acre covered by a performance
                                              Alabama Regulatory Program                                                                                    bond as of October 1st of the year; and
                                                                                                      II. Submission of the Amendment                          (6) Adding the inspection of permits
sradovich on DSK3GMQ082PROD with RULES




                                              AGENCY:  Office of Surface Mining                          By email dated August 14, 2017                     to the ASMC’s uses for the deposited
                                              Reclamation and Enforcement, Interior.                  (Administrative Record No. AL–0672),                  permit fees.
                                              ACTION: Final rule; approval of                         Alabama sent us an amendment to its                      Alabama fully funds its share of costs
                                              amendment.                                              program under SMCRA (30 U.S.C. 1201                   to regulate the coal mining industry
                                                                                                      et seq.) at its own initiative.                       with fees paid by the coal industry. The
                                              SUMMARY: We, the Office of Surface                         We announced the receipt of the                    proposed fee revisions are intended to
                                              Mining Reclamation and Enforcement                      proposed amendment in the January 22,                 provide adequate funding to pay the


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                                                               Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Rules and Regulations                                       43973

                                              State’s cost of operating its regulatory                (Administrative Record No. AL–0672–                   Section 1(a) of Executive Order 13132
                                              program. The ASMC does not expect the                   02). We did not receive any comments.                 because it does not have ‘‘substantial
                                              increase in permit fees to exceed the                                                                         direct effects on the States, on the
                                                                                                      V. OSMRE’s Decision
                                              actual or anticipated cost of reviewing,                                                                      relationship between the national
                                              administering, inspecting, and enforcing                  Based on the above findings, we are                 government and the States, or on the
                                              surface coal mining permits in Alabama.                 approving the Alabama amendment that                  distribution of power and
                                                We find that Alabama’s fee changes                    was submitted on August 14, 2017                      responsibilities among the various
                                              are consistent with the discretionary                   (Administrative Record No. AL–0672).                  levels of government.’’ Instead, this rule
                                              authority provided by the Federal                         To implement this decision, we are                  approves an amendment to the Alabama
                                              regulation at 30 CFR 777.17. Therefore,                 amending the Federal regulations at 30                program submitted and drafted by that
                                              we are approving Alabama’s revision.                    CFR part 901 that codify decisions                    State. OSMRE reviewed the submission
                                                                                                      concerning the Alabama program. In                    with fundamental federalism principles
                                              IV. Summary and Disposition of                          accordance with the Administrative                    in mind as set forth in Section 2 and 3
                                              Comments                                                Procedure Act, this rule will take effect             of the Executive Order and with the
                                              Public Comments                                         30 days after the date of publication.                principles of cooperative federalism as
                                                                                                      Section 503(a) of SMCRA requires that                 set forth in SMCRA. See, e.g., 30 U.S.C.
                                                We asked for public comments on the                   the State’s program demonstrate the                   1201(f). As such, pursuant to Section
                                              amendment. As noted in section II, we                   State has the capability of carrying out              503(a)(1) and (7)(30 U.S.C. 1253(a)(1)
                                              received four comments (Administrative                  the provisions of the Act and meeting its             and (7)), OSMRE reviewed the program
                                              Record No. AL–0672–03). The four                        purposes. SMCRA requires consistency                  amendment to ensure that it is ‘‘in
                                              commenters provided comments that                       of State and Federal standards.                       accordance with’’ the requirements of
                                              were outside the scope of the proposed                                                                        SMCRA and ‘‘consistent with’’ the
                                              amendment and not germane to the                        VI. Procedural Determinations
                                                                                                                                                            regulations issued by the Secretary
                                              topic of surface coal mining in general.                Executive Order 12630—Takings                         pursuant to SMCRA.
                                              We are not addressing these comments                      This rulemaking does not have
                                              in this final rule for these reasons. The                                                                     Executive Order 13175—Consultation
                                                                                                      takings implications. This                            and Coordination With Indian Tribal
                                              full texts of these comments are                        determination is based on the analysis
                                              available at www.regulations.gov.                                                                             Governments
                                                                                                      performed for the counterpart Federal
                                              Federal Agency Comments                                 regulation.                                              In accordance with Executive Order
                                                                                                                                                            13175, we have evaluated the potential
                                                On August 21, 2017, pursuant to 30                    Executive Order 12866—Regulatory                      effects of this rulemaking on Federally-
                                              CFR 732.17(h)(11)(i) and Section 503(b)                 Planning and Review                                   recognized Tribes and have determined
                                              of SMCRA, we requested comments on                        Pursuant to Office of Management and                that the rulemaking does not have
                                              the amendment from various Federal                      Budget (OMB) Guidance dated October                   substantial direct effects on one or more
                                              agencies with an actual or potential                    12, 1993, the approval of state program               Tribes, on the relationship between the
                                              interest in the Alabama program                         amendments is exempted from OMB                       Federal government and Tribes, or on
                                              (Administrative Record No. AL–0672–                     review under Executive Order 12866.                   the distribution of power and
                                              02). We did not receive any comments.                                                                         responsibilities between the Federal
                                                                                                      Executive Order 12988—Civil Justice
                                              Environmental Protection Agency (EPA)                                                                         Government and Tribes. The basis for
                                                                                                      Reform
                                              Concurrence and Comments                                                                                      this determination is that our decision
                                                                                                         The Department of the Interior has                 is on a State regulatory program and
                                                 Under 30 CFR 732.17(h)(11)(ii), we                   reviewed this rule as required by                     does not involve Federal regulations
                                              are required to get a written concurrence               Section 3(a) of Executive Order 12988.                involving Indian lands.
                                              from EPA for those provisions of the                    The Department has determined that
                                              program amendment that relate to air or                 this Federal Register document meets                  Executive Order 13211—Regulations
                                              water quality standards issued under                    the criteria of Section 3 of Executive                That Significantly Affect the Supply,
                                              the authority of the Clean Water Act (33                Order 12988, which is intended to                     Distribution, or Use of Energy
                                              U.S.C. 1251 et seq.) or the Clean Air Act               ensure that the agency review its                        Executive Order 13211 of May 18,
                                              (42 U.S.C. 7401 et seq.). None of the                   legislation and regulations to minimize               2001, requires agencies to prepare a
                                              revisions that Alabama proposed to                      litigation; and that the agency’s                     Statement of Energy Effects for a
                                              make in this amendment pertain to air                   legislation and regulations provide a                 rulemaking that is (1) considered
                                              or water quality standards. Therefore,                  clear legal standard for affected conduct             significant under Executive Order
                                              we did not ask EPA to concur on the                     rather than a general standard, and                   12866, and (2) likely to have a
                                              amendment. However, on August 21,                       promote simplification and burden                     significant adverse effect on the supply,
                                              2017, under 30 CFR 732.17(h)(11)(i), we                 reduction. Because Section 3 focuses on               distribution, or use of energy. Because
                                              requested comments from the EPA on                      the quality of Federal legislation and                this rulemaking is exempt from review
                                              the amendment (Administrative Record                    regulations, the Department limited its               under Executive Order 12866 and is not
                                              No. AL–0672–02). The EPA did not                        review under this Executive Order to                  expected to have a significant adverse
                                              respond to our request.                                 the quality of this Federal Register                  effect on the supply, distribution, or use
                                              State Historical Preservation Officer                   document and to changes to the Federal                of energy, a Statement of Energy Effects
                                              (SHPO) and the Advisory Council on                      regulations. The review under this                    is not required.
                                              Historic Preservation (ACHP)                            Executive Order did not extend to the
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                                                                                                                                                            National Environmental Policy Act
                                                                                                      language of the State regulatory program
                                                Under 30 CFR 732.17(h)(4), we are                     or to the program amendment that the                    This rulemaking does not require an
                                              required to request comments from the                   State of Alabama drafted.                             environmental impact statement
                                              SHPO and ACHP on amendments that                                                                              because section 702(d) of SMCRA (30
                                              may have an effect on historic                          Executive Order 13132—Federalism                      U.S.C. 1292(d)) provides that agency
                                              properties. On August 21, 2017, we                        This rule is not a ‘‘[p]olicy that [has]            decisions on proposed State regulatory
                                              requested comments on the amendment                     Federalism implications’’ as defined by               program provisions do not constitute


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                                              43974             Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Rules and Regulations

                                              major Federal actions within the                                Small Business Regulatory Enforcement                        the fact that the State submittal, which
                                              meaning of section 102(2)(C) of the                             Fairness Act                                                 is the subject of this rulemaking, is
                                              National Environmental Policy Act (42                                                                                        based upon counterpart Federal
                                              U.S.C. 4332(2)(C)).                                               This rulemaking is not a major rule                        regulations for which an analysis was
                                                                                                              under 5 U.S.C. 804(2), the Small                             prepared and a determination made that
                                              Paperwork Reduction Act                                         Business Regulatory Enforcement                              the Federal regulation did not impose
                                                                                                              Fairness Act. This rulemaking: (a) Does                      an unfunded mandate.
                                                This rulemaking does not contain                              not have an annual effect on the
                                              information collection requirements that                        economy of $100 million; (b) Will not                        List of Subjects in 30 CFR Part 901
                                              require approval by OMB under the                               cause a major increase in costs or prices                     Intergovernmental relations, Surface
                                              Paperwork Reduction Act (44 U.S.C.                              for consumers, individual industries,                        mining, Underground mining.
                                              3507 et seq.).                                                  Federal, State, or local government
                                                                                                              agencies, or geographic regions; and (c)                       Dated: August 16, 2018.
                                              Regulatory Flexibility Act                                                                                                   Alfred L. Clayborne,
                                                                                                              Does not have significant adverse effects
                                                 The Department of the Interior                               on competition, employment,                                  Regional Director, Mid-Continent Region.
                                              certifies that this rulemaking will not                         investment, productivity, innovation, or                       For the reasons set out in the
                                              have a significant economic impact on                           the ability of U.S.-based enterprises to                     preamble, 30 CFR part 901 is amended
                                              a substantial number of small entities                          compete with foreign-based enterprises.                      as set forth below:
                                              under the Regulatory Flexibility Act (5                         This determination is based upon the
                                              U.S.C. 601 et seq.). The State submittal,                       fact that the State submittal, which is                      PART 901—ALABAMA
                                              which is the subject of this rulemaking,                        the subject of this rulemaking, is based
                                              is based upon counterpart Federal                               upon counterpart Federal regulations for                     ■ 1. The authority citation for part 901
                                              regulations for which an economic                               which an analysis was prepared and a                         continues to read as follows:
                                              analysis was prepared and certification                         determination made that the Federal                              Authority: 30 U.S.C. 1201 et seq.
                                              made that such regulations would not                            regulation was not considered a major                        ■ 2. Section 901.15 is amended in the
                                              have a significant economic effect upon                         rule.                                                        table by adding an entry for ‘‘Alabama
                                              a substantial number of small entities.                         Unfunded Mandates                                            Administrative Code 880–X–8B–.07’’ in
                                              In making the determination as to                                                                                            chronological order by ‘‘Date of final
                                              whether this rulemaking would have a                               This rulemaking will not impose an                        publication’’ to read as follows:
                                              significant economic impact, the                                unfunded mandate on State, local, or
                                              Department relied upon the data and                             tribal governments or the private sector                     § 901.15 Approval of Alabama regulatory
                                              assumptions for the counterpart Federal                         of $100 million or more in any given                         program amendments.
                                              regulations.                                                    year. This determination is based upon                       *        *    *      *      *

                                                Original amendment submission date                              Date of final publication                                           Citation/description


                                                      *                            *                          *                           *                         *                   *                          *
                                              August 14, 2017 .....................................   August 29, 2018 .....................................   Alabama Administrative Code 880–X–8B–.07.



                                              [FR Doc. 2018–18716 Filed 8–28–18; 8:45 am]                     proposed revisions to its program to                         I. Background on the Alabama Program
                                              BILLING CODE 4310–05–P                                          allow the Alabama Surface Mining
                                                                                                              Commission (ASMC) to revise its                                Section 503(a) of the Act permits a
                                                                                                              current permit fee collection procedures                     State to assume primacy for the
                                              DEPARTMENT OF THE INTERIOR                                      from the term of the mine permit to                          regulation of surface coal mining and
                                                                                                              enable the collection of permit fees over                    reclamation operations on non-Federal
                                              Office of Surface Mining Reclamation                            the entire life of the mine. The revision                    and non-Indian lands within its borders
                                              and Enforcement                                                 also defines the life of the mine to be                      by demonstrating that its program
                                                                                                              from the issuance of the permit through                      includes, among other things, State laws
                                              30 CFR Part 901                                                 the full release of the performance bond.                    and regulations that govern surface coal
                                              [SATS No. AL–081–FOR; Docket ID: OSM–                                                                                        mining and reclamation operations in
                                                                                                              DATES: The effective date is September                       accordance with the requirements of the
                                              2017–0006; S1D1S SS08011000 SX064A000
                                                                                                              28, 2018.                                                    Act and consistent with the Federal
                                              189S180110; S2D2S SS08011000
                                              SX064A000 18XS501520]                                           FOR FURTHER INFORMATION CONTACT:                             regulations. See 30 U.S.C. 1253(a)(1)
                                                                                                              William Joseph, Acting Director,                             and (7). On the basis of these criteria,
                                              Alabama Regulatory Program                                      Birmingham Field Office, Office of                           the Secretary of the Interior
                                              AGENCY:  Office of Surface Mining                               Surface Mining Reclamation and                               conditionally approved the Alabama
                                              Reclamation and Enforcement, Interior.                          Enforcement, 135 Gemini Circle, Suite                        program effective May 20, 1982. You
                                              ACTION: Final rule; approval of                                 215, Homewood, Alabama 35209.                                can find background information on the
                                              amendment.                                                      Telephone: (205) 290–7282. Email:                            Alabama program, including the
                                                                                                              bjoseph@osmre.gov.                                           Secretary’s findings, the disposition of
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                                              SUMMARY:  We, the Office of Surface                             SUPPLEMENTARY INFORMATION:
                                                                                                                                                                           comments, and the conditions of
                                              Mining Reclamation and Enforcement                                                                                           approval of the Alabama program in the
                                                                                                              I. Background on the Alabama Program
                                              (OSMRE), are approving an amendment                             II. Submission of the Amendment
                                                                                                                                                                           May 20, 1982, Federal Register (47 FR
                                              to the Alabama regulatory program                               III. OSMRE’s Findings                                        22030). You can also find later actions
                                              (Alabama program) under the Surface                             IV. Summary and Disposition of Comments                      concerning the Alabama program and
                                              Mining Control and Reclamation Act of                           V. OSMRE’s Decision                                          program amendments at 30 CFR 901.10,
                                              1977 (SMCRA or the Act). Alabama                                VI. Procedural Determinations                                901.15, and 901.16.


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Document Created: 2018-08-29 00:14:00
Document Modified: 2018-08-29 00:14:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; approval of amendment.
DatesThe effective date is September 28, 2018.
ContactWilliam 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 Citation83 FR 43972 
CFR AssociatedIntergovernmental Relations; Surface Mining and Underground Mining

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