12852 Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 

chronological order by ‘‘Date of final 

publication’’ to read as follows: 

§ 917.15 Approval of Kentucky regulatory 

program amendments. 

* * * * * 

Original amendment submission 

date 

Date of final 

publication Citation/description 

*******

September 14, 2009 ...................... March 9, 2011 ................................ 405 KAR 16:140, Disposal of coal mine waste. 

405 KAR 18:140, Disposal of coal mine waste. 

§ 917.16 [Amended] 

■ 3. Section 917.16 is amended by 

removing and reserving paragraph 

(d)(5). 

[FR Doc. 2011–5386 Filed 3–8–11; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 918 

[SATS No. LA–023–FOR; Docket No. OSM– 

2010–0005] 

Louisiana Regulatory Program/ 

Abandoned Mine Land Reclamation 

Plan 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Final rule; approval of 

amendment. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSM), are approving an amendment to 

the Louisiana regulatory program and 

abandoned mine land reclamation plan 

under the Surface Mining Control and 

Reclamation Act of 1977. Louisiana 

proposed revisions to its regulations 

regarding: Definitions; lands eligible for 

remining; general provisions for review 

of permit application information and 

entry of information into Applicant 

Violator System (AVS); review of 

applicant, operator, and ownership and 

control information; review of permit 

history; review of compliance history; 

permit eligibility determination; 

unanticipated events or conditions at 

remining sites; eligibility for 

provisionally issued permits; written 

findings for permit application 

approval; initial review and finding 

requirements for improvidently issued 

permits; suspension or rescission 

requirements for improvidently issued 

permits; who may challenge ownership 

or control listings and findings; how to 

challenge an ownership or control 

listing or finding; burden of proof for 

ownership or control challenges; written 

agency decision on challenges to 

ownership or control listings or 

findings; post-permit issuance 

requirements for regulatory authorities 

and other actions based on ownership, 

control, and violation information; postpermit issuance information 

requirements for permittees; transfer, 

assignment, or sale of permit rights; 

certifying and updating existing permit 

application information; providing 

applicant and operator information; 

providing permit history information; 

providing violation information; 

backfilling and grading: previously 

mined areas; cessation orders; and 

contractor eligibility. Louisiana revised 

its regulatory program to be no less 

effective than the corresponding Federal 

regulations, and its abandoned mine 

land reclamation plan to be consistent 

with the Federal regulations. 

DATES: Effective Date: March 9, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Sherry Wilson, Director, Birmingham 

Field Office. Telephone: (205) 290– 

7282. E-mail: swilson@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Louisiana 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 Louisiana 

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, ‘‘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 Louisiana 

program effective October 10, 1980. You 

can find background information on the 

Louisiana program, including the 

Secretary’s findings, the disposition of 

comments, and the conditions of 

approval of the Louisiana program in 

the October 10, 1980, Federal Register 

(45 FR 67340). You can also find later 

actions concerning the Louisiana 

program and program amendments at 30 

CFR 918.10, 918.15 and 918.16. 

The Abandoned Mine Land 

Reclamation Program was established 

by Title IV of the Act in response to 

concerns over extensive environmental 

damage caused by past coal mining 

activities. The program is funded by a 

reclamation fee collected on each ton of 

coal that is produced. The money 

collected is used to finance the 

reclamation of abandoned coal mines 

and for other authorized activities. 

Section 405 of the Act allows States and 

Indian Tribes to assume exclusive 

responsibility for reclamation activity 

within the State or on Indian lands if 

they develop and submit to the 

Secretary of the Interior for approval, a 

program (often referred to as a plan) for 

the reclamation of abandoned coal 

mines. On the basis of these criteria, the 

Secretary of the Interior approved the 

Louisiana plan on November 10, 1986. 

You can find background information 

on the Louisiana plan, including the 

Secretary’s findings, the disposition of 

comments, and the approval of the plan 

in the November 10, 1986, Federal 

Register (51 FR 40795). You can find 

later actions concerning the Louisiana 

plan and amendments to the plan at 30 

CFR 918.25. 

II. Submission of the Amendment 

By letter dated March 4, 2010 

(Administrative Record No. LA–369), 

Louisiana sent us an amendment to its 

program under SMCRA (30 U.S.C. 1201 

et seq.). Louisiana submitted its 

proposed amendment in response to a 

September 30, 2009, letter 

(Administrative Record No. LA–368) 

that OSM sent to Louisiana in 

accordance with 30 CFR 732.17(c). 

Louisiana proposed revisions to the 

Louisiana Surface Mining Regulations 

found in the Louisiana Administrative 

Code, Title 43, Part XV (LAC) 

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Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 12853 

concerning definitions; lands eligible for 

remining; general provisions for review 

of permit application information and 

entry of information into AVS; review of 

applicant, operator, and ownership and 

control information; review of permit 

history; review of compliance history; 

permit eligibility determination; 

unanticipated events or conditions at 

remining sites; eligibility for 

provisionally issued permits; written 

findings for permit application 

approval; initial review and finding 

requirements for improvidently issued 

permits; suspension or rescission 

requirements for improvidently issued 

permits; who may challenge ownership 

or control listings and findings; how to 

challenge an ownership or control 

listing or finding; burden of proof for 

ownership or control challenges; written 

agency decision on challenges to 

ownership or control listings or 

findings; post-permit issuance 

requirements for regulatory authorities 

and other actions based on ownership, 

control, and violation information; postpermit issuance information 

requirements for permittees; transfer, 

assignment, or sale of permit rights; 

certifying and updating existing permit 

application information; providing 

applicant and operator information; 

providing permit history information; 

providing violation information; 

backfilling and grading: previously 

mined areas; cessation orders; and 

contractor eligibility. 

We announced receipt of the 

proposed amendment in the September 

30, 2010, Federal Register (75 FR 

60373). 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 1, 2010. We 

did not receive any public comments. 

III. OSM’s Findings 

We are approving the amendment as 

described below. The following are the 

findings we made concerning the 

amendments unde SMCRA and the 

Federal regulations at 30 CFR 732.15 

and 732.17, and 30 CFR 884.14 and 

884.15. 

A. Section 105. Definitions 

Louisiana added definitions for 

Applicant/Violator System or AVS; 

Knowing or knowingly; Control or 

controller; Own, owner, or ownership; 

and Willful or willfully. 

We find that Louisiana’s new 

definitions are substantively the same as 

the counterpart Federal regulations at 30 

CFR 701.5. The full text of the new 

definitions can be found in the 

administrative record or online at 

Regulations.gov. 

Louisiana deleted the definitions for 

Knowingly; Owned or Controlled and 

Owns or Controls; Willfully; and Willful 

Violation. 

We find that these deletions will not 

make Louisiana’s regulations less 

effective than the Federal counterparts 

because these definitions were 

incorporated into other definitions to 

more closely follow the Federal 

counterpart. The full text of the deleted 

definitions can be found in the 

administrative record or online at 

Regulations.gov. 

Louisiana amended the definition 

Transfer, Assignment or Sale of Rights 

from. 

We find that Louisiana’s new 

definition is substantively the same as 

the counterpart Federal regulation at 30 

CFR 701.5. 

Louisiana added a new definition For 

Violation, the full text of the new 

definition can be found in the 

administrative record or online at 

Regulations.gov. 

We find that Louisiana’s new 

definition is substantively the same as 

the counterpart Federal regulation at 30 

CFR 701.5 with the exception of not 

including a State counterpart to 

paragraph (C) related to an alternative 

bonding system which is not needed 

since Louisiana does not use an 

alternative bonding system. We find that 

this change, including the exception, 

will not make Louisiana’s regulations 

less effective than the Federal 

counterpart. 

Based on the above findings, we are 

approving Louisiana’s proposed 

regulations at Section 105, Definitions. 

B. Section 2913. Lands Eligible for 

Remining 

Louisiana added a new section with 

permitting requirements for lands 

eligible for remining. 

We find that Louisiana’s Section 2913 

is substantively the same as the 

counterpart Federal regulation at 30 

CFR 785.25. Therefore, we are 

approving it. The full text of the new 

section can be found in the 

administrative record or online at 

Regulations.gov. 

C. Section 3113. Review of Permit 

Applications 

Louisiana added a new paragraph C 

pertaining to entry of information into 

AVS. 

We find that Louisiana’s Section 

3113, paragraph C is substantively the 

same as the counterpart Federal 

regulation at 30 CFR 773.8. Therefore, 

we are approving it. The full text of the 

new paragraph can be found in the 

administrative record or online at 

Regulations.gov. 

Louisiana added a new paragraph D 

for the review of applicant, operator, 

and ownership and control information. 

We find that Louisiana’s Section 

3113, paragraph D is substantively the 

same as the counterpart Federal 

regulation at 30 CFR 773.9. Therefore, 

we are approving it. The full text of the 

new paragraph can be found in the 

administrative record or online at 

Regulations.gov. 

Louisiana added a new paragraph E to 

include provisions for the review of 

permit history. 

We find that Louisiana’s Section 

3113, paragraph E is substantively the 

same as the counterpart Federal 

regulation at 30 CFR 773.10. Therefore, 

we are approving it. The full text of the 

new paragraph can be found in the 

administrative record or online at 

Regulations.gov. 

Louisiana added a new paragraph F to 

include provisions for the review of 

compliance history. 

We find that Louisiana’s Section 

3113, paragraph F is substantively the 

same as the counterpart Federal 

regulation at 30 CFR 773.11. Therefore, 

we are approving it. The full text of the 

new paragraph can be found in the 

administrative record or online at 

Regulations.gov. 

Louisiana added a new paragraph G 

pertaining to permit eligibility 

determinations. 

We find that Louisiana’s Section 

3113, paragraph G is substantively the 

same as the counterpart Federal 

regulation at 30 CFR 773.12. Therefore, 

we are approving it. The full text of the 

new paragraph can be found in the 

administrative record or online at 

Regulations.gov. 

Louisiana added a new paragraph H 

to include provisions for unanticipated 

events or conditions at remining sites. 

We find that Louisiana’s Section 

3113, paragraph H is substantively the 

same as the counterpart Federal 

regulation at 30 CFR 773.13. Therefore, 

we are approving it. The full text of the 

new paragraph can be found in the 

administrative record or online at 

Regulations.gov. 

Louisiana deleted paragraphs C, D, E, 

and F related to reviews of violations, 

permit issuance related to correction or 

appeal of violations, and final 

compliance reviews. 

We find that the deletion of these four 

paragraphs (C., D., E., and F.) will not 

make Louisiana’s regulations less 

effective than the Federal counterpart 

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12854 Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 

because these were incorporated into 

new paragraphs to more closely follow 

the Federal counterpart as listed above. 

Therefore, we are approving it. The full 

text of the deleted paragraphs can be 

found in the administrative record or 

online at Regulations.gov. 

D. Section 3114. Eligibility for 

Provisionally Issued Permits 

Louisiana added new paragraphs A, 

B, and C to include requirements for the 

issuance of a provisional permit when a 

notice of violation has been issued and 

the abatement period has yet to expire, 

or a violation is unabated or uncorrected 

beyond the abatement or correction 

period. 

We find that Louisiana’s Section 3114 

is substantively the same as the 

counterpart Federal regulation at 30 

CFR 773.14. Therefore, we are 

approving it. The full text of the new 

paragraphs can be found in the 

administrative record or online at 

Regulations.gov. 

E. Section 3115. Criteria for Permit 

Approval or Denial 

Louisiana added paragraphs A. 17, 18, 

and 19 for proposed remining 

operations, permit application 

requirements, and eligibility 

requirements. 

We find that Louisiana’s Section 3115 

is no less effective than the counterpart 

Federal regulation at 30 CFR 773.15. 

Therefore, we are approving it. The full 

text of the new paragraphs can be found 

in the administrative record or online at 

Regulations.gov. 

F. Section 3127. Improvidently Issued 

Permits: General Procedures 

Louisiana revised this section by 

deleting the existing paragraphs A, B, 

and C and replacing them with new 

paragraphs A, B, C, D, and E for 

improvidently issued permits. 

We find that the deletion of the three 

paragraphs (A, B, and C) will not make 

Louisiana’s regulations less effective 

than the Federal counterpart because 

these were incorporated into new 

paragraphs (A, B, C, D, and E) to more 

closely follow the Federal counterparts. 

We find that Louisiana’s new Section 

3127 is substantively the same as the 

counterpart Federal regulation at 30 

CFR 773.21. Therefore, we are 

approving it. The full text of the revised 

section can be found in the 

administrative record or online at 

Regulations.gov. 

G. Section 3129. Improvidently Issued 

Permits: Suspension or Rescission 

Procedures 

Louisiana revised this section by 

adding ‘‘Suspension or’’ to the title and 

by replacing paragraph A, revising subparagraphs of A via several editorial 

changes, and by adding a new section A. 

3 to closely follow 30 CFR 773.23. 

We find that Louisiana’s Section 3129 

closely follows the counterpart Federal 

regulation at 30 CFR 773.23 and is no 

less effective. Therefore, we are 

approving it. The full text of the revised 

section can be found in the 

administrative record or online at 

Regulations.gov. 

H. Section 3131. Challenges to 

Ownership or Control Listings and 

Findings 

Louisiana added this new section to 

establish the requirements of who can 

challenge a listing or finding of 

ownership or control. 

We find that Louisiana’s Section 3131 

is substantively the same as the 

counterpart Federal regulation at 30 

CFR 773.25. Therefore, we are 

approving it. The full text of the new 

section can be found in the 

administrative record or online at 

Regulations.gov. 

I. Section 3133. Challenging an 

Ownership or Control Listing or Finding 

Louisiana added this new section to 

provide provisions for the applicant to 

challenge an ownership or control 

listing or finding. 

We find that Louisiana’s Section 3133 

is substantively the same as the 

counterpart Federal regulation at 30 

CFR 773.26. Therefore, we are 

approving it. The full text of the new 

section can be found in the 

administrative record or online at 

Regulations.gov. 

J. Section 3135. Burden of Proof for 

Ownership or Control Challenges 

Louisiana added this new section to 

include requirements for meeting the 

burden of proof by the applicant. 

We find that Louisiana’s Section 3135 

is substantively the same as the 

counterpart Federal regulation at 30 

CFR 773.27. Therefore, we are 

approving it. The full text of the new 

section can be found in the 

administrative record or online at 

Regulations.gov. 

K. Section 3137. Written Decision on 

Challenges to Ownership or Control 

Listings or Findings 

Louisiana added this new section to 

include requirements for the regulatory 

authority to review and investigate the 

evidence and explanatory materials 

submitted by the applicant when 

challenging ownership or control 

listings or findings. 

We find that Louisiana’s Section 3137 

is substantively the same as the 

counterpart Federal regulation at 30 

CFR 773.28. Therefore, we are 

approving it. The full text of the new 

section can be found in the 

administrative record or online at 

Regulations.gov. 

L. Chapter 35. Permit Reviews and 

Renewals; Transfers, Sale and 

Assignment of Rights Granted Under 

Permits 

Louisiana amended the wording of 

this title to read as follows: 

Chapter 35. Permit Reviews and Renewals; 

Transfer, Sale and Assignment of Rights 

Granted Under Permits; Post-Permit Issuance 

Requirements; and Other Actions Based on 

Ownership, Control and Violation 

Information 

We find that Louisiana’s title change 

is substantively the same as the Federal 

counterpart title for part 774. Therefore, 

we are approving it. 

M. Section 3521. Post Permit Issuance 

Requirements for Regulatory Authorities 

and Other Actions Based on Ownership, 

Control, and Violation Information 

Louisiana added this new section to 

include requirements for when the 

regulatory authority has to enter 

information into AVS. 

We find that Louisiana’s Section 3521 

is substantively the same as the 

counterpart Federal regulation at 30 

CFR 774.11. Therefore, we are 

approving it. The full text of the new 

section can be found in the 

administrative record or online at 

Regulations.gov. 

N. Section 3523. Post-Permit Issuance 

Information Requirements for 

Permittees 

Louisiana added this new section to 

include requirements for the permittee 

in relation to cessation orders. 

We find that Louisiana’s Section 3523 

is substantively the same as the 

counterpart Federal regulation at 30 

CFR 774.12. Therefore, we are 

approving it. The full text of the new 

section can be found in the 

administrative record or online at 

Regulations.gov. 

O. Section 3517. Transfer, Assignment 

or Sale of Permit Rights: Obtaining 

Approval 

Louisiana amended paragraph C.1. by 

changing a reference to Section 3113.G 

and 3115. 

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Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 12855 

We find that Louisiana’s revision to 

Section 3517 does not make this section 

less effective than the counterpart 

Federal regulations at § 774.17. 

Therefore, we are approving it. The full 

text of the revised paragraph can be 

found in the administrative record or 

online at Regulations.gov. 

P. Section 2304. Certifying and 

Updating Existing Permit Application 

Information 

Louisiana added this new section to 

include provisions for updating 

information contained in AVS. 

We find that Louisiana’s Section 2304 

is substantively the same as the 

counterpart Federal regulation at 30 

CFR 778.9. Therefore, we are approving 

it. The full text of the new section can 

be found in the administrative record or 

online at Regulations.gov. 

Q. Section 2305. Identification of 

Interests 

Louisiana amended paragraphs A.1, 2, 

3, and 4 to closely follow 30 CFR 778.11 

and 778.12. We find that Louisiana’s 

revision to Section 2305 does not make 

this section less effective than the 

counterpart Federal regulations at 

§§ 778.11 and 778.12. Therefore, we are 

approving it. The text of the revised 

paragraphs can be found in the 

administrative record or online at 

Regulations.gov. 

R. Section 2307. Compliance 

Information 

Louisiana amended paragraphs A.1 

and 3 to closely follow 30 CFR 778.14. 

We find that Louisiana’s revision to 

Section 2307 does not make this section 

less effective than the counterpart 

Federal regulations at § 778.14. 

Therefore, we are approving it. The full 

text of the revised paragraphs can be 

found in the administrative record or 

online at Regulations.gov. 

S. Section 5414. Backfilling and 

Grading: Previously Mined Areas 

Louisiana added this new section to 

include requirements for backfilling and 

grading on remining operations. 

We find that Louisiana’s Section 5414 

is substantively the same as the 

counterpart Federal regulation at 30 

CFR 816.106. Therefore, we are 

approving it. The full text of the new 

section can be found in the 

administrative record or online at 

Regulations.gov. 

T. Section 6501. Cessation Orders 

Louisiana amended paragraph G to 

closely follow 30 CFR 843.11. We find 

that Louisiana’s Section 6501 is 

substantively the same as the 

counterpart Federal regulation at 30 

CFR 843.11. Therefore, we are 

approving it. The full text of the revised 

paragraph can be found in the 

administrative record or online at 

Regulations.gov. 

U. Section 8509. Contractor Eligibility 

Louisiana added this new section to 

include requirements for contractor 

eligibility to successfully bid for an 

AML contract. 

We find that Louisiana’s Section 8509 

is substantively the same as the 

counterpart Federal regulation at 30 

CFR 874.16. Therefore, we are 

approving it. The full text of the new 

section can be found in the 

administrative record or online at 

Regulations.gov. 

IV. Summary and Disposition of 

Comments 

Public Comments 

We asked for public comments on the 

amendment, but did not receive any. 

Federal Agency Comments 

On April 6, 2010, 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 Louisiana program 

(Administrative Record No. LA–369.01). 

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 Louisiana proposed to 

make in this amendment pertains to air 

or water quality standards. Therefore, 

we did not ask EPA to concur on the 

amendment. However, on April 6, 2010, 

under 30 CFR 732.17(h)(11)(i), we 

requested comments on the amendment 

from the EPA (Administrative Record 

No. LA–369.01). 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 April 6, 2010, we 

requested comments on Louisiana’ 

amendment (Administrative Record No. 

LA–369.01), but neither responded to 

our request. 

V. OSM’s Decision 

Based on the above findings, we 

approve the amendment Louisiana sent 

us on March 4, 2010. 

To implement this decision, we are 

amending the Federal regulations at 30 

CFR part 918, which codify decisions 

concerning the Louisiana 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) 

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 

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12856 Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 

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’’ the 

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 Federallyrecognized 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 Louisiana program does not 

regulate coal exploration and surface 

coal mining and reclamation operations 

on Indian lands. Therefore, the 

Louisiana 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 918 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: December 29, 2010. 

Ervin J. Barchenger, 

Regional Director, Mid-Continent Region. 

For the reasons set out in the 

preamble, 30 CFR part 918 is amended 

as set forth below: 

PART 918—LOUISIANA 

■ 1. The authority citation for part 918 

continues to read as follows: 

Authority: 30 U.S.C. 1201 et seq. 

■ 2. Section 918.15 is amended in the 

table by adding a new entry in 

chronological order by ‘‘Date of final 

publication’’ to read as follows: 

§ 918.15 Approval of Louisiana regulatory 

program amendments. 

* * * * * 

Original amendment submission 

date 

Date of final 

publication Citation/description 

*******

March 4, 2010 .. March 9, 2011 .. Sections 105; 2913; 3113 C., D., E., F., G., H.; 3114; 3115 A. 17, 18, 19; 3127; 3129; 3131; 3133; 3135; 

3137; Chapter 35 title; 3521; 3523; 3517 C.1.; 2304; 2305 A.1., A.2.c., d., e., A.3., A.4.; 2307 A.1., A.3.; 

5414; 6501 G. 

■ 3. Section 918.25 is amended in the 

table by adding a new entry in 

chronological order by ‘‘Date of final 

publication’’ to read as follows: 

§ 918.25 Approval of Louisiana abandoned 

mine land reclamation plan amendments. 

* * * * * 

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Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 12857 

Original amendment submission date Date of final publication Citation/description 

*******

March 4, 2010 ................................................... March 9, 2011 ................................................... Section 8509. 

[FR Doc. 2011–5382 Filed 3–8–11; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 926 

[SATS No. MT–031–FOR; Administrative 

Record No. OSM–2010–0010] 

Montana Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Final rule; approval of 

amendment. 

SUMMARY: We are approving an 

amendment to the Montana regulatory 

program (the ‘‘Montana program’’) under 

the Surface Mining Control and 

Reclamation Act of 1977 (‘‘SMCRA’’ or 

‘‘the Act’’). Montana proposed revisions 

to the Administrative Rules of Montana 

(ARM) at Chapter 17.24.1109 

(BONDING: LETTERS OF CREDIT). 

Montana is revising its program to 

incorporate the additional flexibility 

afforded by the revised Federal 

regulations and SMCRA, as amended, 

and to improve operational efficiency. 

DATES: Effective Date: March 9, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Jeffery Fleischman, Field Office 

Director, Casper Field Office, Office of 

Surface Mining Reclamation and 

Enforcement, 150 East B Street, Room 

1018, Casper, Wyoming 82604–1018, 

307–261–6552, jfleischman@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Montana Program 

II. Submission of the Proposed Amendment 

III. Office of Surface Mining Reclamation and 

Enforcement’s (OSM’s) Findings 

IV. Summary and Disposition of Comments 

V. OSM’s Decision 

VI. Procedural Determinations 

I. Background on the Montana 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 Montana 

program on April 1, 1980. You can find 

background information on the Montana 

program, including the Secretary’s 

findings, the disposition of comments, 

and conditions of approval in the April 

1, 1980, Federal Register (45 FR 21560). 

You can also find later actions 

concerning Montana’s program and 

program amendments at 30 CFR 926.15, 

926.16, and 926.30. 

II. Submission of the Proposed 

Amendment 

By letter dated July 14, 2010, Montana 

sent us an amendment to its program 

(Administrative Record Docket ID: 

OSM–2010–0010) under SMCRA (30 

U.S.C. 1201 et seq.). Montana sent the 

amendment to include the changes 

made at its own initiative. The 

amendment changes a condition for 

irrevocable letters of credit issued by 

banks as collateral in order to correct an 

error in the definition. 

Specifically, in ARM 

17.24.1109(1)(e)(iii), Montana (1) 

substitutes ‘‘capital stock’’ for 

‘‘shareholder equity’’ to tailor the 

definition of ‘‘total stockholder’s equity’’ 

to that used by the banking industry; 

and (2) deletes the criterion to evaluate 

the financial strength of a bank issuing 

a letter of credit set forth in ARM 

17.24.1109(1)(f). The deletion of 

requirements in subsection (1)(f) 

recognizes that credit rating agencies 

change over time and that not all credit 

rating agencies use a rating scale that 

includes a ‘B+’ rating as required by the 

regulation. In addition, credit rating 

agencies rate national banks and not 

state chartered banks. The deletion of 

subsection (1)(f) now allows qualifying 

state chartered banks to issue letters of 

credit as collateral for reclamation 

bonds. With the deletion of subsection 

(f), (g) through (j)(iii) will remain the 

same, but are renumbered (f) through 

(i)(iii). 

We announced receipt of the 

proposed amendment in the October 5, 

2010, Federal Register (Vol. 75, No. 192 

FR 61366). In the same document, we 

opened the public comment period and 

provided an opportunity for a public 

hearing or meeting on the amendment’s 

adequacy (Administrative Record No. 

OSM–2010–0010–0004). 

We did not receive any comments. We 

did not hold a public hearing or meeting 

because no one requested one. The 

public comment period ended on 

November 4, 2010. 

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. 

A. Revisions to Montana’s Rules With 

No Corresponding Federal Regulation 

The following are proposed revisions 

to the Montana regulations that have no 

corresponding Federal regulation. 

Administrative Rules of Montana 

(ARM) 17.24.1109, BONDING: LETTERS 

OF CREDIT. 

The substitution of the term ‘‘capital 

stock’’ for ‘‘shareholders equity’’ brings 

subsection (1)(e)(iii) in line with the 

standard definition used by the banking 

and financial institutions. 

The deletion of the requirements in 

subsection (1)(f) recognizes that credit 

rating agencies change over time and 

that not all credit rating agencies use a 

rating scale that includes a B+ rating as 

required by the regulation. In addition, 

credit rating agencies rate national 

banks and not state chartered banks. 

The deletion of subsection (1)(f) now 

allows qualifying state chartered banks 

to issue letters of credit as collateral for 

reclamation bonds. 

We find that Montana’s revision of 

ARM 17.24.1109 BONDING: LETTERS 

OF CREDIT adds specificity beyond that 

contained in the Federal regulations and 

is no less effective. Accordingly, we are 

approving Montana’s revision. 

IV. Summary and Disposition of 

Comments 

Public Comments 

We asked for public comments on the 

amendment (Administrative Record 

Docket ID: OSM–2010–0010), but did 

not receive any. 

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