[Federal Register Volume 71, Number 20 (Tuesday, January 31, 2006)]
[Rules and Regulations]
[Pages 5005-5008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-881]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 915
[Docket No. IA-015-FOR]
Iowa 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
(OSM), are approving an amendment to the Iowa regulatory program (Iowa
program) under the Surface Mining Control and Reclamation Act of 1977
(SMCRA or the Act). Iowa proposed to amend its rules regarding its
small operator assistance program. Iowa intends to revise its program
to be consistent with the corresponding Federal regulations and SMCRA.
EFFECTIVE DATE: January 31, 2006.
FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Chief, Alton Field
Division. Telephone: (618) 463-6460. E-mail: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Iowa Program
II. Submission of the Amendment
III. OSM's Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Procedural Determinations
I. Background on the Iowa 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 State program includes, among other things, ``a State law which
provides for the regulation of surface coal mining and reclamation
operations in accordance with the requirements of this Act * * *; and
rules and regulations consistent with regulations issued by the
Secretary pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On
the basis of these criteria, the Secretary of the Interior
conditionally approved the Iowa program effective April 10, 1981. You
can find background information on the Iowa program, including the
Secretary's findings, the disposition of comments, and conditions of
approval, in the January 21, 1981, Federal Register (46 FR 5885). You
can also find later actions concerning Iowa's program and program
amendments at 30 CFR 915.10, 915.15, and 915.16.
[[Page 5006]]
II. Submission of the Amendment
By letter dated August 19, 2005 (Administrative Record No. IA-450),
the Iowa Department of Agriculture and Land Stewardship, Division of
Soil Conservation (IDSC) sent us a copy of the coal mine rules that it
had adopted on March 30, 2005. Included in the adopted rules were
changes to Iowa Administrative Code (IAC) 27-40.41(207) regarding
Iowa's small operator assistance program that we had not previously
approved. Iowa proposed the changes in response to a required program
amendment at 30 CFR 915.16(b) that we codified on June 1, 2004 (69 FR
30821).
We announced receipt of the amendment in the October 18, 2005,
Federal Register (70 FR 60478). 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 November 17, 2005. We did not receive any comments.
III. OSM's Findings
Following are the findings we made concerning the amendment under
SMCRA and the Federal regulations at 30 CFR 732.15 and 732.17. We are
approving the amendment as described below.
IAC 27-40.41(207) Permanent Regulatory Program--Small Operator
Assistance Program
On June 1, 2004 (69 FR 30821), we codified a required program
amendment at 30 CFR 915.16(b). We required Iowa to revise Iowa Code
section 207.4(1)(d) to include the revisions that were made to section
507(c)(1) of SMCRA on November 5, 1990, and October 24, 1992, before
implementing its rule at IAC 27-40.41(207). The revisions to SMCRA
changed the eligibility requirements for small operator assistance
program participation by (1) increasing probable total annual
production of coal from all locations of a coal surface mining
operation from 100,000 tons to 300,000 tons and (2) increasing the
types of technical services that are eligible for funding. The Federal
regulations at 30 CFR 795.6(a)(2) and 795.9(b)(3) through 795.9(b)(6)
implement the revisions made to section 507(c)(1) of SMCRA. In response
to our required amendment, Iowa proposed to incorporate the
requirements of 30 CFR 915.16(b) in its rule at IAC 27-40.41(207)
instead of updating its statute at Iowa Code section 207.4(1)(d). IAC
27-40.41(207) adopts 30 CFR part 795, as in effect on July 1, 2002, by
reference. More specifically Iowa proposed to add subrules IAC 27-
40.41(3) and 40.41(4). These subrules read as follows:
Subrule IAC 27-40.41(3)
Eligibility thresholds for annual production in tons at 30 CFR
795.6(a)(2) shall not apply until the same threshold at Iowa Code
section 207.4(1)(d) has been amended from 100,000 tons to 300,000
tons.
Subrule IAC 27-40.41(4)
Program services at 30 CFR 795.9(b)(3) through 795.9(b)(6) shall
not apply until Iowa Code section 207.4(1)(d) has been amended to
authorize these services.
As shown above, new subrules IAC 27-40.41(3) and 40.41(4) do not
allow Iowa to implement its small operator assistance program until
Iowa Code section 207.4(1)(d) is revised to authorize the new
eligibility requirements for small operator assistance. Currently, Iowa
is not implementing a small operator assistance program and does not
have any potential operators that may qualify for program assistance.
Therefore, we are approving subrules IAC 27-40.41(3) and 40.41(4) as
acceptable responses to 30 CFR 915.16(b), and we are removing the
required amendment.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment, but did not receive
any.
Federal Agency Comments
Under 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 Iowa program (Administrative
Record No. IA-450.1). 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 Iowa proposed to make
in this amendment pertain to air or water quality standards. Therefore,
we did not ask EPA to concur on the amendment.
Under 30 CFR 732.17(h)(11)(i), we requested comments on the
amendment from EPA (Administrative Record No. IA-450.1). EPA did not
respond to our request.
State Historic Preservation Officer (SHPO) and the Advisory Council on
Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are required to request comments from
the SHPO and ACHP on amendments that may have an effect on historic
properties. On September 2, 2005, we requested comments on Iowa's
amendment (Administrative Record No. IA-450.1), but neither responded
to our request.
V. OSM's Decision
Based on the above findings, we approve the amendment Iowa sent us
on August 19, 2005.
We approve the rules proposed by Iowa with the provision that they
be fully promulgated in identical form to the rules submitted to and
reviewed by OSM and the public.
To implement this decision, we are amending the Federal regulations
at 30 CFR part 915, which codify decisions concerning the Iowa program.
We find that good cause exists under 5 U.S.C. 553(d)(3) to make this
final rule effective immediately. Section 503(a) of SMCRA requires that
the State's program demonstrate that the State has the capability of
carrying out the provisions of the Act and meeting its purposes. Making
this rule effective immediately will expedite that process. SMCRA
requires consistency of State and Federal standards.
VI. Procedural Determinations
Executive Order 12630--Takings
This rule 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
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 and has determined that this rule
meets the applicable standards of subsections (a) and (b) of that
section. However, these standards are not applicable to the actual
language of State regulatory programs and program amendments because
each program is drafted and promulgated by a specific State, not by
OSM. Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and
the Federal regulations at 30 CFR 730.11, 732.15, and 732.17(h)(10),
[[Page 5007]]
decisions on proposed State regulatory programs and program amendments
submitted by the States must be based solely on a determination of
whether the submittal is consistent with SMCRA and its implementing
Federal regulations and whether the other requirements of 30 CFR parts
730, 731, and 732 have been met.
Executive Order 13132--Federalism
This rule does not have Federalism implications. SMCRA delineates
the roles of the Federal and State governments with regard to the
regulation of surface coal mining and reclamation operations. One of
the purposes of SMCRA is to ``establish a nationwide program to protect
society and the environment from the adverse effects of surface coal
mining operations.'' Section 503(a)(1) of SMCRA requires that State
laws regulating surface coal mining and reclamation operations be ``in
accordance with'' requirements of SMCRA, and section 503(a)(7) requires
that State programs contain rules and regulations ``consistent with''
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 rule on Federally-recognized Indian tribes
and have determined that the rule does not have substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
This determination is based on the fact that the Iowa program does not
regulate coal exploration and surface coal mining and reclamation
operations on Indian lands. Therefore, the Iowa program has no effect
on Federally-recognized Indian tribes.
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
This rule 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 rule 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 rule 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 rule, 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 rule 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 rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule: (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 rule, 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 rule 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 rule, 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 915
Intergovernmental relations, Surface mining, Underground mining.
Dated: December 28, 2005.
Charles E. Sandberg,
Regional Director, Mid-Continent Region.
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For the reasons set out in the preamble, 30 CFR part 915 is amended as
set forth below:
PART 915--IOWA
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1. The authority citation for part 915 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
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2. Section 915.15 is amended in the table by adding a new entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 915.15 Approval of Iowa regulatory program amendments.
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Date of final
Original amendment submission date publication Citation/description
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* * * * * * *
August 19, 2005..................... January 31, 2006....... IAC 27C40.41(3) and 40.41(4).
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3. Amend Sec. 915.16 as follows:
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a. Revise the section heading to read as set forth below; and
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b. Remove and reserve the text, in its entirety, of the section.
Sec. 915.16 Required program amendments. [Reserved]
[FR Doc. 06-881 Filed 1-30-05; 8:45 am]
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