16562 Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 924 

[SATS No. MS–024–FOR; Docket No. OSM– 

2014–0005; S1D1SSS08011000SX066A 

00067F154S180110; S2D2SSS08011000SX 

066A00033F15XS501520] 

Mississippi Abandoned Mine Land 

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 

(OSMRE), are approving an amendment 

to the Mississippi Abandoned Mine 

Land Reclamation Plan (hereinafter, the 

Mississippi Plan) under the Surface 

Mining Control and Reclamation Act of 

1977 (SMCRA or the Act). Mississippi 

requested concurrence from the 

Secretary of the Department of the 

Interior with its certification of 

completion of all coal-related 

reclamation objectives. Mississippi 

intends to request Abandoned Mine 

Land (AML) Reclamation funds to 

pursue projects in accordance with 

section 411 of SMCRA, 30 U.S.C. 1240a. 

DATES: Effective March 30, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Sherry Wilson, Director, Birmingham 

Field Office. Telephone: (205) 290– 

7282. Email: swilson@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Mississippi Plan 

II. Submission of the Amendment 

III. Summary and Disposition of Comments 

IV. OSMRE’s Decision 

V. Procedural Determinations 

I. Background on the Mississippi Plan 

Title IV of the Act (30 U.S.C. 1231 et 

seq.) established the AML program in 

order to address the extensive 

environmental damage caused by past 

coal mining activities. The AML 

program is funded primarily by a 

reclamation fee collected on each ton of 

coal produced. The money collected is 

placed in the Abandoned Mine 

Reclamation Fund (the ‘‘Fund’’) and 

used to finance the reclamation of 

abandoned coal mines and for other 

authorized activities. In addition to 

moneys from the Fund, Title IV also 

provides for the use of some general 

Treasury moneys to fund reclamation 

projects and other authorized activities. 

Section 405 of the Act, 30 U.S.C. 

1235, 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 September 

27, 2007, the Secretary of the Interior 

approved the Mississippi Plan. You can 

find background information on the 

Mississippi Plan, including the 

Secretary’s findings, the disposition of 

comments, and the approval of the plan 

in the September 27, 2007, Federal 

Register (72 FR 54832). No prior 

amendments have been made to the 

Mississippi Plan (30 CFR part 924.20). 

II. Submission of the Amendment 

By letter dated August 11, 2014 

(Administrative Record No. MS–0424), 

Mississippi certified to OSMRE that all 

coal-related impacts on abandoned mine 

lands within the State have been 

successfully addressed under SMCRA. 

Mississippi sent the request for 

concurrence with its certification at its 

own initiative. As indicated by our 

November 12, 2014, Federal Register 

(79 FR 67115) notice, we also construed 

this request for certification as an 

amendment to Mississippi’s Plan. In 

addition to this current amendment, 

Mississippi will most likely be required 

to revise its plan again in the future to 

implement a program under section 411 

of SMCRA. 

III. Summary and Disposition of 

Comments 

We announced receipt of the 

proposed certification in the November 

12, 2014, Federal Register (79 FR 

67115). In the same document, we 

opened the public comment period and 

provided an opportunity for a public 

hearing or meeting on the certification’s 

adequacy. We did not receive any 

requests for a public hearing or meeting 

and, thus, did not hold one. 

Public Comments 

The public comment period ended on 

December 12, 2014. We did not receive 

any public comments. 

Federal Agency Comments 

On September 3, 2014, as required by 

30 CFR 884.14(a)(2) and 884.15(a), we 

requested comments on the proposed 

Mississippi Plan amendment from 

various Federal agencies with an actual 

or potential interest in the Mississippi 

program (Administrative Record No. 

MS–0424–01). We did not receive any 

comments. 

IV. OSMRE’s Decision 

After a review of all of the relevant 

information, on December 18, 2014, the 

Director of OSMRE, in accordance with 

section 411(a)(1) of SMCRA (30 U.S.C. 

1240(a)(1)) and 30 CFR 875.13(b) 

determined that Mississippi met all of 

the applicable criteria and concurred 

with Mississippi’s certification 

(Administrative Record MS–0424–02). 

The Director’s concurrence with 

Mississippi’s certification of completion 

of coal reclamation means that 

Mississippi may now use funds 

provided under Title IV of SMCRA in 

accordance with section 411 of SMCRA 

and its current plan. In addition, as part 

of its certification and in accordance 

with 30 CFR 875.13(a)(3), Mississippi 

agrees to acknowledge and give top 

priority to any coal-related problem(s) 

that may be found or occur after 

submission of the certification. 

In order to implement Mississippi’s 

certification, we are amending the 

Federal regulations at 30 CFR part 924 

that codify decisions concerning the 

Mississippi Plan. Given the technical 

nature of this rule, we find that delaying 

the effective date of this rule would be 

unnecessary and contrary to the public 

interest. This rule merely codifies the 

decision by the Director that became 

immediately effective on December 18, 

2014, when he concurred in 

Mississippi’s certification under section 

411(a) of SMCRA. Therefore, we find 

good cause to waive the 30-day delay in 

effective date under 5 U.S.C. 553(d)(3). 

V. Procedural Determinations 

Executive Order 12630—Takings 

This rule does not have significant 

takings implications because it is not a 

governmental action capable of 

interference with constitutionally 

protected property rights. A takings 

implication assessment is not required. 

Executive Orders 12866 and 13563— 

Regulatory Planning and Review 

Executive Order 12866 provides that 

the Office of Information and Regulatory 

Affairs (OIRA) will review all significant 

rules. OIRA has determined that this 

rule is not significant. 

Executive Order 13563 reaffirms the 

principles of Executive Order 12866 

while calling for improvements in the 

nation’s regulatory system to promote 

predictability, to reduce uncertainty, 

and to use the best, most innovative, 

and least burdensome tools for 

achieving regulatory ends. The 

executive order directs agencies to 

consider regulatory approaches that 

reduce burdens and maintain flexibility 

and freedom of choice for the public 

where these approaches are relevant, 

feasible, and consistent with regulatory 

objectives. Executive Order 13563 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations 16563 

emphasizes further that regulations 

must be based on the best available 

science and that the rulemaking process 

must allow for public participation and 

an open exchange of ideas. This rule is 

merely a technical amendment to the 

Mississippi regulations at 30 CFR Part 

924 to denote that Mississippi is 

certified. As such, it does not implicate 

any of the considerations embodied in 

this executive order. 

Executive Order 12988—Civil Justice 

Reform 

This rule complies with the 

requirements of Executive Order 12988. 

Specifically, this rule: 

(a) Meets the criteria of section 3(a) 

requiring that all regulations be 

reviewed to eliminate errors and 

ambiguity and be written to minimize 

litigation; and 

(b) Meets the criteria of section 3(b)(2) 

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

Executive Order 13132—Federalism 

This rule does not have Federalism 

implications. It will 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.’’ 

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. 

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. This rule 

is not considered significant 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 

We have determined that the 

revisions in this rule are categorically 

excluded from preparation of an 

environmental assessment or 

environmental impact statement under 

the National Environmental Policy Act 

of 1969, as provided in 43 CFR 

46.205(b). We have determined the rule 

is covered by the specific categorical 

exclusion listed in the Department of 

the Interior regulations at 43 CFR 

46.210(i). That categorical exclusion 

covers regulations such as this one that 

are of an administrative or technical 

nature. We have also determined that 

the rule does not involve any of the 

extraordinary circumstances listed in 43 

CFR 46.215 that would require further 

analysis under the National 

Environmental Policy Act. 

Paperwork Reduction Act 

This rule does not contain collections 

of information that require approval by 

the Office of Management and Budget 

under the Paperwork Reduction Act (44 

U.S.C. 3501 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.). As discussed above, 

the aggregate economic impact of this 

rulemaking on small business entities 

should be minimal. 

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) Will 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) will 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. 

Unfunded Mandates Reform Act 

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. As previously discussed, this 

rulemaking will not have a substantial 

economic impact on any entity. 

List of Subjects in 30 CFR Part 924 

Intergovernmental relations, Surface 

mining, Underground mining, 

Abandoned mine reclamation programs. 

Dated: January 20, 2015. 

Ervin J. Barchenger, 

Regional Director, Mid-Continent Region. 

For the reasons set out in the 

preamble, 30 CFR part 924 is amended 

as set forth below: 

PART 924—MISSISSIPPI 

■ 1. The authority citation for Part 924 

is revised to read as follows: 

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

■ 2. Section 924.25 is added to read as 

follows: 

§ 924.25 Approval of Mississippi 

abandoned mine land reclamation plan 

amendments. 

The following is a list of the dates on 

which the State of Mississippi 

submitted amendments to OSMRE, the 

dates when the Director’s decision 

approving all, or portions of these 

amendments, were published in the 

Federal Register, and the State citations 

or a brief description of each 

amendment. The amendments in this 

table are listed in order of the date of 

final publication in the Federal 

Register. 

Original amendment submission date Date of final publication Citation/description 

August 11, 2014 ......................................... March 30, 2015 ............................. Certification that the State has reclaimed all lands adversely 

impacted by past coal mining. 

[FR Doc. 2015–06958 Filed 3–27–15; 8:45 am] 

BILLING CODE 4310–05–P 


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