[Federal Register Volume 76, Number 46 (Wednesday, March 9, 2011)]
[Rules and Regulations]
[Pages 12852-12857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5382]


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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.

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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; post-permit 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: <a href="/cdn-cgi/l/email-protection#8bf8fce2e7f8e4e5cbe4f8e6f9eea5ece4fd"><span class="__cf_email__" data-cfemail="a0d3d7c9ccd3cfcee0cfd3cdd2c58ec7cfd6">[email protected]</span></a>.

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)

[[Page 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; post-permit 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

[[Page 12854]]

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 sub-paragraphs 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.

[[Page 12855]]

    We find that Louisiana's revision to Section 3517 does not make 
this section less effective than the counterpart Federal regulations at 
Sec.  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 Sec. Sec.  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 
Sec.  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

[[Page 12856]]

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 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 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

0
1. The authority citation for part 918 continues to read as follows:

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

0
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:


Sec.  918.15  Approval of Louisiana regulatory program amendments.

* * * * *

------------------------------------------------------------------------
   Original amendment         Date of final
    submission date            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.
------------------------------------------------------------------------


0
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:


Sec.  918.25  Approval of Louisiana abandoned mine land reclamation 
plan amendments.

* * * * *

[[Page 12857]]



 
------------------------------------------------------------------------
     Original amendment           Date of final
       submission date             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


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