83 FR 43974 - Alabama Regulatory Program

DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement

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

Page Range		43974-43976
FR Document		2018-18719

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 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.

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

[Federal Register Volume 83, Number 168 (Wednesday, August 29, 2018)]
[Rules and Regulations]
[Pages 43974-43976]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18719]


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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.

ACTION: Final rule; approval of amendment.

-----------------------------------------------------------------------

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 
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.

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: [email protected].

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 Decision
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.

[[Page 43975]]

II. Submission of the 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.
    We announced the receipt of the proposed amendment in the January 
29, 2018, Federal Register (83 FR 4011). 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 28, 2018. We received 13 public 
comments (Administrative Record No. AL-0671-03) 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.
    Code of Alabama Section 9-16-83 Permits--Contents of application; 
reclamation plan; copy of application filed for public inspections; 
insurance; blasting plan.
    Alabama proposed revisions to its regulations at Code of Alabama 
section 9-16-83, allowing 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 mean the term of the 
permit and the time required to successfully complete all surface coal 
mining and reclamation activities and obtain a full release of the 
performance bond for each bonded area.
    We find that Alabama's proposed amendments do not make its rules or 
regulations less effective than the Federal regulations governing 
permit fees found 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 13 comments (Administrative Record No. AL-0671-03). The 
13 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 July 27, 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-0671-02). 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 
July 27, 2017, under 30 CFR 732.17(h)(11)(i), we requested comments 
from the EPA on the amendment (Administrative Record No. AL-0671-02). 
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 July 27, 2017, we requested comments on the amendment 
(Administrative Record No. AL-0671-02). 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 June 21, 2017, (Administrative Record No. AL-
0671).
    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 proposed 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

[[Page 43976]]

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 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 ``Code 
of Alabama Section 9-16-83'' 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
------------------------------------------------------------------------
 
                              * * * * * * *
June 21, 2017...................  August 29, 2018...  Code of Alabama
                                                       Section 9-16-83.
------------------------------------------------------------------------

[FR Doc. 2018-18719 Filed 8-28-18; 8:45 am]
 BILLING CODE 4310-05-P

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
sradovich on DSK3GMQ082PROD with RULES

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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Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Rules and Regulations 43975

II. Submission of the Amendment were outside the scope of the proposed VI. Procedural Determinations
By email dated June 21, 2017 amendment and not germane to the
Executive Order 12630—Takings
(Administrative Record No. AL–0671), topic of surface coal mining in general.
We are not addressing these comments This rulemaking does not have
Alabama sent us an amendment to its
in this final rule for these reasons. The takings implications. This
program under SMCRA (30 U.S.C. 1201
full texts of these comments are determination is based on the analysis
et seq.) at its own initiative.
available at www.regulations.gov. performed for the counterpart Federal
We announced the receipt of the
regulation.
proposed amendment in the January 29, Federal Agency Comments
2018, Federal Register (83 FR 4011). In Executive Order 12866—Regulatory
the same document, we opened the On July 27, 2017, pursuant to 30 CFR
Planning and Review
public comment period and provided an 732.17(h)(11)(i) and section 503(b) of
SMCRA, we requested comments on the Pursuant to Office of Management and
opportunity for a public hearing or Budget (OMB) Guidance dated October
meeting on the adequacy of the amendment from various Federal
agencies with an actual or potential 12, 1993, the approval of state program
amendment. We did not hold a public amendments is exempted from OMB
hearing or meeting because no one interest in the Alabama program
(Administrative Record No. AL–0671– review under Executive Order 12866.
requested one. The public comment
period ended on February 28, 2018. We 02). We did not receive any comments. Executive Order 12988—Civil Justice
received 13 public comments Environmental Protection Agency (EPA) Reform
(Administrative Record No. AL–0671– Concurrence and Comments The Department of the Interior has
03) that are addressed in the Public Under 30 CFR 732.17(h)(11)(ii), we reviewed this rule as required by
Comments section of IV, Summary and are required to get a written concurrence Section 3(a) of Executive Order 12988.
Disposition of Comments, below. from EPA for those provisions of the The Department has determined that
III. OSMRE’s Findings program amendment that relate to air or this Federal Register document meets
water quality standards issued under the criteria of Section 3 of Executive
We are approving the amendment as Order 12988, which is intended to
described below. The following are the authority of the Clean Water Act (33
U.S.C. 1251 et seq.) or the Clean Air Act ensure that the agency review its
findings we made concerning Alabama’s legislation and proposed regulations to
amendment under SMCRA and the (42 U.S.C. 7401 et seq.). None of the
revisions that Alabama proposed to minimize litigation; and that the
Federal regulations at 30 CFR 732.15 agency’s legislation and regulations
and 732.17. Any revisions that we do make in this amendment pertain to air
or water quality standards. Therefore, provide a clear legal standard for
not specifically discuss below affected conduct rather than a general
concerning non-substantive wording or we did not ask EPA to concur on the
amendment. However, on July 27, 2017, standard, and promote simplification
editorial changes can be found in the and burden reduction. Because Section
full text of the program amendment under 30 CFR 732.17(h)(11)(i), we
requested comments from the EPA on 3 focuses on the quality of Federal
available at www.regulations.gov. legislation and regulations, the
Code of Alabama Section 9–16–83 the amendment (Administrative Record
No. AL–0671–02). The EPA did not Department limited its review under
Permits—Contents of application; this Executive Order to the quality of
reclamation plan; copy of application respond to our request.
this Federal Register document and to
filed for public inspections; insurance; State Historical Preservation Officer changes to the Federal regulations. The
blasting plan. (SHPO) and the Advisory Council on review under this Executive Order did
Alabama proposed revisions to its Historic Preservation (ACHP) not extend to the language of the State
regulations at Code of Alabama section
Under 30 CFR 732.17(h)(4), we are regulatory program or to the program
9–16–83, allowing the ASMC to revise
required to request comments from the amendment that the State of Alabama
its current permit fee collection
SHPO and ACHP on amendments that drafted.
procedures from the term of the mine
may have an effect on historic Executive Order 13132—Federalism
permit to enable the collection of permit
properties. On July 27, 2017, we
fees over the entire life of the mine. The This rule is not a ‘‘[p]olicy that [has]
requested comments on the amendment
revision also defines the life of the mine Federalism implications’’ as defined by
(Administrative Record No. AL–0671–
to mean the term of the permit and the Section 1(a) of Executive Order 13132,
02). We did not receive any comments.
time required to successfully complete because it does not have ‘‘substantial
all surface coal mining and reclamation V. OSMRE’s Decision direct effects on the States, on the
activities and obtain a full release of the Based on the above findings, we are relationship between the national
performance bond for each bonded area. approving the Alabama amendment that government and the States, or on the
We find that Alabama’s proposed was submitted on June 21, 2017, distribution of power and
amendments do not make its rules or (Administrative Record No. AL–0671). responsibilities among the various
regulations less effective than the To implement this decision, we are levels of government.’’ Instead, this rule
Federal regulations governing permit amending the Federal regulations at 30 approves an amendment to the Alabama
fees found at 30 CFR 777.17. Therefore, CFR part 901 that codify decisions program submitted and drafted by that
we are approving Alabama’s revision. concerning the Alabama program. In State. OSMRE reviewed the submission
IV. Summary and Disposition of accordance with the Administrative with fundamental federalism principles
Comments Procedure Act, this rule will take effect in mind as set forth in Section 2 and 3
sradovich on DSK3GMQ082PROD with RULES

30 days after the date of publication. of the Executive Order and with the
Public Comments Section 503(a) of SMCRA requires that principles of cooperative federalism as
We asked for public comments on the the State’s program demonstrate the set forth in SMCRA. See, e.g., 30 U.S.C.
amendment. As noted in section II, we State has the capability of carrying out 1201(f). As such, pursuant to Section
received 13 comments (Administrative the provisions of the Act and meeting its 503(a)(1) and (7) (30 U.S.C. 1253(a)(1)
Record No. AL–0671–03). The 13 purposes. SMCRA requires consistency and (7)), OSMRE reviewed the program
commenters provided comments that of State and Federal standards. amendment to ensure that it is ‘‘in

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43976 Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Rules and Regulations

accordance with’’ the requirements of major Federal actions within the compete with foreign-based enterprises.
SMCRA and ‘‘consistent with’’ the meaning of section 102(2)(C) of the This determination is based upon the
regulations issued by the Secretary National Environmental Policy Act (42 fact that the State submittal, which is
pursuant to SMCRA. U.S.C. 4332(2)(C)). the subject of this rulemaking, is based
upon counterpart Federal regulations for
Executive Order 13175—Consultation Paperwork Reduction Act
which an analysis was prepared and a
and Coordination With Indian Tribal This rulemaking does not contain determination made that the Federal
Governments information collection requirements that regulation was not considered a major
In accordance with Executive Order require approval by OMB under the rule.
13175, we have evaluated the potential Paperwork Reduction Act (44 U.S.C.
effects of this rulemaking on Federally- 3507 et seq.). Unfunded Mandates
recognized Tribes and have determined This rulemaking will not impose an
Regulatory Flexibility Act
that the rulemaking does not have unfunded mandate on State, local, or
substantial direct effects on one or more The Department of the Interior Tribal governments or the private sector
Tribes, on the relationship between the certifies that this rulemaking will not of $100 million or more in any given
Federal government and Tribes, or on have a significant economic impact on year. This determination is based upon
the distribution of power and a substantial number of small entities the fact that the State submittal, which
responsibilities between the Federal under the Regulatory Flexibility Act (5 is the subject of this rulemaking, is
Government and Tribes. The basis for U.S.C. 601 et seq.). The State submittal, based upon counterpart Federal
this determination is that our decision which is the subject of this rulemaking, regulations for which an analysis was
is on a State regulatory program and is based upon counterpart Federal prepared and a determination made that
does not involve Federal regulations regulations for which an economic the Federal regulation did not impose
involving Indian lands. analysis was prepared and certification an unfunded mandate.
made that such regulations would not
Executive Order 13211—Regulations have a significant economic effect upon List of Subjects in 30 CFR Part 901
That Significantly Affect the Supply, a substantial number of small entities. Intergovernmental relations, Surface
Distribution, or Use of Energy In making the determination as to mining, Underground mining.
Executive Order 13211 of May 18, whether this rulemaking would have a Dated: August 16, 2018.
2001, requires agencies to prepare a significant economic impact, the Alfred L. Clayborne,
Statement of Energy Effects for a Department relied upon the data and
Regional Director, Mid-Continent Region.
rulemaking that is (1) considered assumptions for the counterpart Federal
significant under Executive Order regulations. For the reasons set out in the
12866, and (2) likely to have a preamble, 30 CFR part 901 is amended
Small Business Regulatory Enforcement as set forth below:
significant adverse effect on the supply,
Fairness Act
distribution, or use of energy. Because
this rulemaking is exempt from review This rulemaking is not a major rule PART 901—ALABAMA
under Executive Order 12866 and is not under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement ■ 1. The authority citation for part 901
expected to have a significant adverse
Fairness Act. This rulemaking: (a) Does continues to read as follows:
effect on the supply, distribution, or use
of energy, a Statement of Energy Effects not have an annual effect on the Authority: 30 U.S.C. 1201 et seq.
is not required. economy of $100 million; (b) Will not ■ 2. Section 901.15 is amended in the
cause a major increase in costs or prices table by adding an entry for ‘‘Code of
National Environmental Policy Act for consumers, individual industries, Alabama Section 9–16–83’’ in
This rulemaking does not require an Federal, State, or local government chronological order by ‘‘Date of final
environmental impact statement agencies, or geographic regions; and (c) publication’’ to read as follows:
because section 702(d) of SMCRA (30 Does not have significant adverse effects
U.S.C. 1292(d)) provides that agency on competition, employment, § 901.15 Approval of Alabama regulatory
decisions on proposed State regulatory investment, productivity, innovation, or program amendments.
program provisions do not constitute the ability of U.S.-based enterprises to * * * * *

Original amendment submission date Date of final publication Citation/description

* * * * * * *
June 21, 2017 ........................................ August 29, 2018 ..................................... Code of Alabama Section 9–16–83.

[FR Doc. 2018–18719 Filed 8–28–18; 8:45 am]
BILLING CODE 4310–05–P
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Document Created: 2018-08-29 00:13:18
Document Modified: 2018-08-29 00:13:18

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 September 28, 2018.
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: [email protected]
FR Citation		83 FR 43974
CFR Associated		Intergovernmental Relations; Surface Mining and Underground Mining

83 FR 43974 - Alabama Regulatory Program

DEPARTMENT OF THE INTERIOROffice of Surface Mining Reclamation and Enforcement

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

DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement