Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations 2341 

3See M–22–07, Implementation of Penalty 

Inflation Adjustments for 2022, Pursuant to the 

Federal Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015, https://

www.whitehouse.gov/wp-content/uploads/2021/12/ 

M-22-07.pdf. 

requires agencies to adjust civil 

monetary penalties for inflation and to 

publish the adjustments in the Federal 

Register. An initial adjustment was 

required to be made by interim final 

rule published by July 1, 2016, and 

effective by August 1, 2016. Subsequent 

adjustments must be published by 

January 15 each year after 2016. 

On December 15, 2021, the Office of 

Management and Budget issued 

memorandum M–22–07 on 

implementation of the 2022 annual 

inflation adjustment pursuant to the 

2015 act.3 The memorandum provides 

agencies with the cost-of-living 

adjustment multiplier for 2022, which is 

based on the Consumer Price Index 

(CPI–U) for the month of October 2021, 

not seasonally adjusted. The multiplier 

for 2022 is 1.06222. The adjusted 

maximum amounts are $2,400 for 

section 4071 penalties and $320 for 

section 4302 penalties. 

Compliance With Regulatory 

Requirements 

The Office of Management and Budget 

has determined that this rule is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866 and therefore not 

subject to its review. 

The Office of Management and Budget 

also has determined that notice and 

public comment on this final rule are 

unnecessary because the adjustment of 

civil penalties implemented in the rule 

is required by law. See 5 U.S.C. 553(b). 

Because no general notice of proposed 

rulemaking is required for this rule, the 

Regulatory Flexibility Act of 1980 does 

not apply. See 5 U.S.C. 601(2). 

List of Subjects 

29 CFR Part 4071 

Penalties. 

29 CFR Part 4302 

Penalties. 

In consideration of the foregoing, 

PBGC amends 29 CFR parts 4071 and 

4302 as follows: 

PART 4071—PENALTIES FOR 

FAILURE TO PROVIDE CERTAIN 

NOTICES OR OTHER MATERIAL 

INFORMATION 

■ 1. The authority citation for part 4071 

continues to read as follows: 

Authority: 28 U.S.C. 2461 note, as 

amended by sec. 701, Pub. L. 114–74, 129 

Stat. 599–601; 29 U.S.C. 1302(b)(3), 1371. 

§ 4071.3 [Amended] 

■ 2. In § 4071.3, remove the number 

‘‘$2,259’’ and add in its place the 

number ‘‘$2,400’’. 

PART 4302—PENALTIES FOR 

FAILURE TO PROVIDE CERTAIN 

MULTIEMPLOYER PLAN NOTICES 

■ 3. The authority citation for part 4302 

continues to read as follows: 

Authority: 28 U.S.C. 2461 note, as 

amended by sec. 701, Pub. L. 114–74, 129 

Stat. 599–601; 29 U.S.C. 1302(b)(3), 1452. 

§ 4302.3 [Amended] 

■ 4. In § 4302.3, remove the number 

‘‘$301’’ and add its place the number 

‘‘$320’’. 

Issued in Washington, DC, by 

Gordon Hartogensis, 

Director, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2022–00778 Filed 1–13–22; 8:45 am] 

BILLING CODE 7709–02–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Parts 870 and 872 

[Docket ID: OSM 2021–0008; S1D1S 

SS08011000 SX064A000 221S180110; 

S2D2S SS08011000 SX064A000 

22XS501520] 

RIN 1029–AC83 

Abandoned Mine Land Reclamation 

Fee 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Interim final rule, request for 

comments. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSMRE), are revising our regulations 

for the Abandoned Mine Reclamation 

Fund (AML Fund). This rule revises our 

regulations to be consistent with the 

Infrastructure Investment and Jobs Act 

(IIJA), which was signed into law on 

November 15, 2021, and which 

included the Abandoned Mine Land 

Reclamation Amendments of 2021 (the 

2021 amendments). The rule reflects the 

extension of our statutory authority to 

collect reclamation fees for an 

additional thirteen years and to reduce 

the fee rates. In addition, we are revising 

our rule provisions to reflect the 

statutory extension of the dates when 

moneys derived from these fees will be 

available to eligible States and Tribes for 

grant distributions. 

DATES: Effective January 14, 2022. 

Comments will be accepted until 

February 14, 2022. 

ADDRESSES: You may submit comments 

by one of the following methods: 

Federal e-Rulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments to 

Docket No. OSM–2021–0008. Please 

note that if you are using the Federal 

eRulemaking Portal, the deadline for 

submitting electronic comments is 11:59 

p.m. Eastern Standard Time on the 

comment due date. 

Mail: Address comment to Public 

Comments Processing, Attn: Docket No. 

OSM–2021–0008; Office of Surface 

Mining Reclamation and Enforcement, 

1849 C Street NW, Mail Stop 4558, 

Washington, DC 20240. 

FOR FURTHER INFORMATION CONTACT: 

Harry Payne, Office of Surface Mining 

Reclamation and Enforcement, 1849 C 

Street NW, Mail Stop 4558, Washington, 

DC 20240; Telephone (202) 208–5683. 

Email: hpayne@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

A. How did the reclamation fee work 

before the 2021 amendments? 

B. How did the 2021 amendments change 

the reclamation fee and the annual AML 

grant distributions? 

II. Administrative Procedure Act 

A. Why is the rule being published on an 

interim final basis? 

B. How does the rule operate? 

III. Procedural Matters 

A. Congressional Review Act 

B. Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

C. Regulatory Flexibility Act 

D. Small Business Regulatory Enforcement 

Fairness Act 

E. Unfunded Mandates Reform Act 

F. Takings (Executive Order 12630) 

G. Federalism (Executive Order 13132) 

H. Civil Justice Reform (Executive Order 

12988) 

I. Consultation With Indian Tribes 

(Executive Order 13175 and 

Departmental Policy) 

J. Paperwork Reduction Act 

K. National Environmental Policy Act 

L. Effects on Energy Supply, Distribution, 

and Use (Executive Order 13211) 

M. Clarity of This Regulation 

N. Data Quality Act 

O. National Technology Transfer and 

Advancement Act 

P. Protection of Children From 

Environmental Health Risks and Safety 

Risks (Executive Order 13045) 

I. Background 

A. How did the reclamation fee work 

before the 2021 amendments? 

Title IV of the Surface Mining Control 

and Reclamation Act of 1977 (SMCRA) 


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created the AML Fund, which is funded 

primarily by a reclamation fee (also 

known as the AML fee) assessed on each 

ton of coal produced in the United 

States and which, among other things, 

provides funding to eligible States and 

Tribes for the reclamation of coal 

mining sites abandoned or left in an 

inadequate reclamation status as of 

August 3, 1977. As originally enacted, 

section 402(a) of SMCRA fixed the 

reclamation fee at 35 cents per ton (or 

10 percent of the value of the coal, 

whichever was less) for coal other than 

lignite produced by surface mining 

methods, 15 cents per ton (or 10 percent 

of the value of the coal, whichever was 

less) for coal other than lignite produced 

from underground mines, and 10 cents 

per ton (or 2 percent of the value of the 

coal, whichever was less) for lignite. 

Section 402(b) of SMCRA first 

authorized collection of reclamation 

fees for 15 years following the date of 

SMCRA’s enactment (August 3, 1977). 

Congress extended our fee collection 

authority through September 30, 1995, 

in the Omnibus Budget Reconciliation 

Act of 1990 (Pub. L. 101–508, 104 Stat. 

1388, § 6003(a)). The Energy Policy Act 

of 1992 (Pub. L. 102–486, 106 Stat. 

2776, 3056, § 19143(b)(1) of Title XIX), 

extended our fee collection authority 

through September 30, 2004. A series of 

short interim extensions in 

appropriations and other acts extended 

our fee collection authority through 

September 30, 2007. 

The Surface Mining Control and 

Reclamation Act Amendments of 2006 

(the 2006 amendments) were signed into 

law on December 20, 2006, as part of the 

Tax Relief and Health Care Act of 2006 

(Pub. L. 109–432, 120 Stat. 2922). The 

2006 amendments extended our fee 

collection authority under section 

402(b) through September 30, 2021, and 

reduced the reclamation fee rates in 

section 402(a) by 10 percent for the 

period from October 1, 2007, through 

September 30, 2012, and an additional 

10 percent from the original levels for 

the period from October 1, 2012, 

through September 30, 2021. Therefore, 

the fee rates from October 1, 2012, 

through September 30, 2021, required 

coal mine operators to pay 28 cents per 

ton (or 10 percent of the value of the 

coal, whichever was less) for coal other 

than lignite produced by surface mining 

methods, 12 cents per ton (or 10 percent 

of the value of the coal, whichever was 

less) for coal other than lignite produced 

from underground mines, and 8 cents 

per ton (or 2 percent of the value of the 

coal, whichever was less) for lignite. 

OSMRE notified operators of the change 

in fee rates resulting from the 2006 

amendments in January and September 

2007. On November 14, 2008, OSMRE 

promulgated final regulations at 30 CFR 

part 870 and 872 to codify these changes 

and other revisions made by the 2006 

amendments (73 FR 67576). 

B. How did the 2021 amendments 

change the reclamation fee and the 

annual AML grant distributions? 

The 2021 amendments, signed into 

law on November 15, 2021, as part of 

the Infrastructure Investment and Jobs 

Act (Pub. L. 117–58, 135 Stat. 429), 

extended our fee collection authority 

under section 402(b) through September 

30, 2034, and reduced reclamation fee 

rates in section 402(a) by 20 percent 

from the prior rates. Therefore, for the 

calendar quarter beginning October 1, 

2021, the current rates require operators 

to pay 22.4 cents per ton (or 10 percent 

of the value of the coal, whichever is 

less) for coal other than lignite produced 

by surface mining methods, 9.6 cents 

per ton (or 10 percent of the value of the 

coal, whichever is less) for coal other 

than lignite produced from underground 

mines, and 6.4 cents per ton (or 2 

percent of the value of the coal, 

whichever is less) for lignite. 

In addition, the 2021 amendments 

extended the current annual AML grant 

distributions to both uncertified and 

certified States and Tribes. (A State or 

Tribe ‘‘certifies’’ under section 411(a) of 

SMCRA (30 U.S.C. 1240a) when it has 

completed all known coal AML 

priorities.) Specifically, the 2021 

amendments revised section 401(f)(2) of 

SMCRA to extend our annual grant 

distributions from the AML Fund to 

eligible uncertified States and Tribes by 

13 years. The extension of our fee 

collection authority in section 402(b) 

also had the effect of extending the AML 

grant distributions from general 

Treasury funds (i.e., certified in lieu 

funds) to certified States and Tribes by 

13 years as provided in sections 

402(i)(2) and 411(h)(2) of SMCRA (30 

U.S.C. 1232(i)(2) and 1240a(h)(2)). 

While we consider the 2021 

amendments to be self-executing, some 

of our current regulations are 

inconsistent with these provisions. To 

provide consistency between our 

regulations and the 2021 amendments 

and to clarify that fee collections 

continue without interruption at the 

reduced rates and annual AML grant 

distributions to eligible States and 

Tribes based on fee collections continue 

using the formula described in section 

401(f) of SMCRA and 402(i)(2), we are 

publishing an interim final rule, which 

will be effective immediately upon 

publication. The interim final rule we 

are promulgating today will revise 30 

CFR parts 870 and 872 to reflect the 

reduction in reclamation fee rates and 

the extension of our fee collection 

authority and annual AML grant 

distributions. 

The purpose of this interim final rule 

is to codify these revisions to make the 

regulations consistent with SMCRA, as 

amended by the Infrastructure 

Investment and Jobs Act, and allow the 

public to comment on the rule. As we 

are amending our regulations under an 

interim final rule, we will forgo issuing 

a proposed rule. The interim final rule 

will take effect on the date specified 

above in DATES, with public comment to 

conclude as set forth in DATES. If 

necessary, the interim final rule may be 

revised based on public comments 

received. Any final rule will contain 

responses to comments received on the 

interim final rule, state the final 

regulatory provisions, and provide the 

justification for those provisions. 

II. Administrative Procedure Act 

A. Why is the rule being published on 

an interim final basis? 

OSMRE is promulgating this interim 

final rule solely to accurately reflect the 

requirements of sections 40702 and 

40703 of the Infrastructure Investment 

and Jobs Act. These provisions amended 

subsections (a) and (b) of section 402 of 

SMCRA (30 U.S.C. 1232) to reduce 

reclamation fee rates by 20 percent and 

extend our fee collection authority 

through September 30, 2034, which 

extends AML grants to eligible States 

and Tribes from Treasury funds as 

provided in sections 402(i)(2) and 

411(h)(2). The 2021 amendments further 

changed subparagraphs (A) and (B) of 

section 401(f)(2) of SMCRA (30 U.S.C. 

1231(f)(2)) to extend the annual AML 

distribution dates for grants to eligible 

States and Tribes from the AML Fund. 

To avoid confusion, OSMRE is also 

making a clarifying change to the 

introductory section of 30 CFR 

872.27(a)(2). OSMRE is not making any 

other changes to the regulations at 30 

CFR subchapter R. 

As previously noted, OSMRE is 

promulgating this rule on an interim 

final basis as authorized by the 

Administrative Procedure Act (APA) at 

5 U.S.C. 553(b)(3)(B). This provision of 

the APA provides a ‘‘good cause’’ 

exemption that allows an agency to 

issue a rule without prior notice or 

opportunity for public comment ‘‘when 

the agency for good cause finds (and 

incorporates the finding and a brief 

statement of the reasons therefor in the 

rules issued) that notice and public 

procedure thereon are impracticable, 

unnecessary, or contrary to the public 


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Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations 2343 

interest.’’ An additional exemption at 5 

U.S.C. 553(d)(3) allows an agency to 

publish a rule less than 30 days before 

its effective date ‘‘for good cause found 

and published with the rule.’’ 

OSMRE finds that promulgation of 

this interim final rule, effective upon 

publication and without prior notice or 

opportunity to comment, meets the good 

cause threshold because those 

procedures are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest’’ with respect to this rule and 

also meets the good cause threshold for 

exempting the rule from the 30-day 

waiting period before a rule goes into 

effect. 5 U.S.C. 553(b)(3)(B); 553(d)(3). 

The revisions to our regulations made 

by this interim final rule are made only 

to conform our existing regulations to 

the changes to the AML fee rate and our 

fee collection authority, as well as the 

extension of the annual AML grants, 

made by the Infrastructure Investment 

and Jobs Act. With this interim final 

rule, OSMRE is not exercising any 

discretion and is simply conforming its 

rules to the requirements contained 

within the new statute; therefore, public 

notice and comment is impracticable 

and unnecessary. 

Furthermore, it is in the public 

interest because this rule revises out-ofdate regulations to conform to the 

changes made by the 2021 amendments. 

These changes provide clarity and avoid 

the confusion that might otherwise 

result from stale regulatory provisions 

that are inconsistent with current law. 

The concurrent extension of our fee 

collection authority and reduction in 

reclamation fee rates, if not clearly 

understood by coal mine operators, 

could result in delayed payment of 

reclamation fees, which could subject 

operators to late payment penalties and 

potentially affect annual AML grant 

distributions to States and Tribes (30 

U.S.C. 1231(f) and 1232(i)(2)) or 

estimated interest payments to the 

UMWA Health and Retirement Funds’ 

health care plans (30 U.S.C. 1232(h)). 

Conversely, confusion over reclamation 

fee rates could also result in 

overpayments based on the previous, 

higher reclamation fee rate, which may 

require OSMRE to process refunds and 

reduce administrative efficiency. For 

these reasons, we are availing ourselves 

of the good cause exemptions at 5 U.S.C. 

553(b)(3)(B) and 553(d)(3) and providing 

notice and an opportunity for public 

comment after the effective date of this 

interim final rule, which will be 

considered in the development of any 

subsequent final rule. 

B. How does the rule operate? 

This interim final rule revises our 

regulations to be consistent with the 

2021 amendments, which extend our 

statutory authority to collect 

reclamation fees for an additional 13 

years, reduce reclamation fee rates, and 

extend the dates when annual grant 

funding will be available to eligible 

States and Tribes. Similar to the 

explanation in the proposed rule for the 

2006 SMCRA amendments, this rule 

retains certain expired fee rates at 30 

CFR 870.13 for historical purposes and 

for use in future audits of production 

from the years in which those rates 

applied. See 73 FR 35214, 35219 (June 

20, 2008). This rule also makes a 

clarifying change to 30 CFR 872.27(a)(2). 

III. Procedural Matters 

A. Congressional Review Act 

Pursuant to the Congressional Review 

Act, 5 U.S.C. 801 et seq., the Office of 

Information and Regulatory Affairs 

(OIRA) of the Office of Management and 

Budget (OMB) has determined that this 

rulemaking is not a major rulemaking, 

as defined by 5 U.S.C. 804(2), because 

this rulemaking has not resulted in, and 

is unlikely to result in: (1) An annual 

effect on the economy of $100,000,000 

or more; (2) a major increase in costs or 

prices for consumers, individual 

industries, Federal, State, or local 

government, or geographic regions; or 

(3) significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

enterprises to compete with foreignbased enterprises in domestic and 

export markets. 

As noted above, this rulemaking 

merely reflects the IIJA’s updates to the 

reclamation fee rates, continuation of 

the collection of AML fees, and 

extension of the annual AML grant 

distributions. Although OSMRE 

typically collects over $100 million 

annually in reclamation fees and 

distributes over $100 million in annual 

AML grants to eligible States and Tribes, 

the change resulting from the IIJA’s 

lower fee rates is anticipated to be less 

than $100 million a year compared to 

fees we collected and grants we 

distributed in the fiscal years since 

fiscal year 2013, when the fee rate last 

changed. And because the 2021 

amendments are self-executing, any 

effects come not from requirements 

imposed by this rule, but rather from the 

extension of our fee collection authority 

and concurrent reduction in reclamation 

fee rates by Congress. As a result, this 

rule is not considered a major 

rulemaking. 

B. Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

Executive Order 12866 provides that 

the OIRA will review all significant 

rules. Because this final rule merely 

reflects the IIJA’s updates to the 

reclamation fee rates, continuation of 

the collection of AML fees, and 

extension of the annual AML grant 

distributions, OIRA has concluded that 

this rulemaking is not a significant 

regulatory action under Executive Order 

12866. Pursuant to Executive Order 

12866, an action is a ‘‘significant 

regulatory action’’ if it ‘‘is likely to 

result in a rule that may: (1) Have an 

annual effect on the economy of $100 

million or more or adversely affect in a 

material way the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

governments or communities; (2) create 

a serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency; (3) 

materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or (4) raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in this Executive 

order.’’ 

Although the reclamation fees 

collected and AML grants distributed 

typically total over $100 million 

annually, this rule merely acknowledges 

a continuation of an existing program 

mandated by Congress and is therefore 

not a change with a significant monetary 

impact. In addition, because the 

administrative and procedural 

provisions of this rule would reflect an 

annual impact of less than $100 million, 

it is not significant under Executive 

Order 12866. For the same reasons, to 

the extent that this rulemaking reflects 

the IIJA’s extension of grants to eligible 

States and Tribes, it merely corresponds 

with the IIJA’s continuation of an 

existing program for an additional 13 

years. Furthermore, as OSMRE has 

collected reclamation fees and 

distributed annual AML grants for four 

decades, the agency is not aware of any 

inconsistencies with other agency 

actions or novel legal or policy issues 

that could arise as a result of the 

reauthorization of the reclamation fee 

and the extension of AML grants. 

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 


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2344 Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations 

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 

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. We have 

developed this rule in a manner 

consistent with these requirements, to 

the extent permitted by statute. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA), 

which requires an agency to prepare a 

regulatory flexibility analysis for all 

rules, unless the agency certifies that the 

rule will not have a significant 

economic impact on a substantial 

number of small entities applies only 

where an agency is required to publish 

a general notice of proposed rulemaking 

for any proposed rule. See 5 U.S.C. 

601(2), 603(a), and 604(a). As OSMRE is 

not required to publish a notice of 

proposed rulemaking for this interim 

final rule, the RFA does not apply. 

D. 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. 

As explained in section III.A. above, this 

rule: 

(a) Will not have an annual effect on 

the economy of $100 million or more; 

(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 United States-based 

enterprises to compete with foreignbased enterprises. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (UMRA) requires that, before 

promulgating any general notice of 

proposed rulemaking that is likely to 

result in promulgation of any rule that 

may result in the expenditure by a State, 

Tribal, or local government, in the 

aggregate, or by the private sector of 

$100 million, adjusted annually for 

inflation, in any 1 year, an agency must 

prepare a written statement that assesses 

the effects on State, Tribal, and local 

governments and the private sector. See 

2 U.S.C. 1532(a). As OSMRE is not 

required to promulgate a notice of 

proposed rulemaking for this interim 

final rule, the UMRA does not apply. 

F. Takings (Executive Order 12630) 

This rule does not effect a taking of 

private property or otherwise have 

takings implications under Executive 

Order 12630. A takings implication 

assessment is not required. 

G. Federalism (Executive Order 13132) 

Under the criteria in section 1 of 

Executive Order 13132, this rule does 

not have sufficient federalism 

implications to warrant the preparation 

of a federalism summary impact 

statement. A federalism summary 

impact statement is not required. 

H. Civil Justice Reform (Executive Order 

12988) 

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. 

I. Consultation With Indian Tribes 

(Executive Order 13175 and 

Departmental Policy) 

The Department of the Interior strives 

to strengthen its government-togovernment relationship with Tribes 

through a commitment to consultation 

with Tribes and recognition of their 

right to self-governance and Tribal 

sovereignty. We have evaluated this rule 

under the Department’s consultation 

policy, under Departmental Manual Part 

512, Chapters 4 and 5, and under the 

criteria in Executive Order 13175 and 

have determined that it has no 

substantial direct effects on Federallyrecognized Tribes or Alaska Native 

Claims Settlement Act (ANCSA) 

Corporations, and that consultation 

under the Department’s Tribal 

consultation policy is not required. 

OSMRE will conduct informal listening 

sessions with Tribes with eligible AML 

programs to provide an overview of the 

IIJA as it relates to the AML program. 

J. Paperwork Reduction Act 

The collection of information 

contained in this rule has been 

previously approved by OMB under the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.). The existing control 

number for 30 CFR part 870 is 1029– 

0063 and the expiration date is February 

29, 2024. The existing control number 

for 30 CFR part 872 is 1029–0054 and 

the expiration date is February 29, 2024. 

We may not conduct or sponsor, and 

you are not required to respond to, a 

collection of information unless it 

displays a currently valid OMB control 

number. 

K. National Environmental Policy Act 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. A 

detailed statement under the National 

Environmental Policy Act of 1969 

(NEPA) is not required because the rule 

is covered by a categorical exclusion. 

This rule is excluded from the 

requirement to prepare a detailed 

statement because it is a regulation of an 

administrative and financial nature. See 

43 CFR 46.210(i). In addition, any 

environmental effects of this rulemaking 

as a whole are too broad, speculative, 

and conjectural because the nature of 

AML problems vary, they occur in 

numerous locations throughout the 

country, and will be reclaimed at 

different times, and NEPA review is 

completed on each project completed 

with these funds closer to the time that 

the project is undertaken. Id. 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 NEPA. 

L. Effects on Energy Supply, 

Distribution, and Use (Executive Order 

13211) 

This rule is not a significant energy 

action under the definition in Executive 

Order 13211. A Statement of Energy 

Effects is not required. 

M. Clarity of this Regulation 

We are required by Executive Orders 

12866 (section 1(b)(12)), 12988 (section 

3(b)(1)(B)), and 13563 (section 1(a)), and 

by the Presidential Memorandum of 

June 1, 1998, to write all rules in plain 

language. This means that each rule we 

publish must: 

(a) Be logically organized; 

(b) use the active voice to address 

readers directly; 

(c) use common, everyday words and 

clear language rather than jargon; 

(d) be divided into short sections and 

sentences; and 

(e) use lists and tables wherever 

possible. 

If you believe that we have not met 

these requirements in issuing this final 

rule, please contact the individual listed 

in the FOR FURTHER INFORMATION

CONTACT section. Your comments 

should be as specific as possible in 


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order to help us determine whether any 

future revisions to the rule are 

necessary. For example, you should tell 

us the numbers of the sections or 

paragraphs that you find unclear, which 

sections or sentences are too long, the 

sections where you feel lists or tables 

would be useful, etc. 

N. Data Quality Act 

In developing this rule, we did not 

conduct or use a study, experiment, or 

survey requiring peer review under the 

Data Quality Act (Pub. L. 106–554). 

O. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act (NTTAA) (15 U.S.C. 3701 note et 

seq.) directs Federal agencies to use 

voluntary consensus standards when 

implementing regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. This final rule is not subject 

to the requirements of section 12(d) of 

the NTTAA because application of those 

requirements would be inconsistent 

with SMCRA, and the requirements 

would not be applicable to this final 

rulemaking. 

P. Protection of Children From 

Environmental Health Risks and Safety 

Risks (Executive Order 13045) 

Executive Order 13045 requires that 

environmental and related rules 

separately evaluate the potential impact 

to children. However, Executive Order 

13045 is inapplicable to this rulemaking 

because this is not a substantive 

rulemaking and a notice of proposed 

rulemaking was neither required nor 

prepared. See section 2–202 and 5–501 

of Executive order 13045. 

List of Subjects 

30 CFR Part 870 

Abandoned Mine Reclamation Fund, 

Fee collection and coal production 

reporting, Reporting and recordkeeping 

requirements, Surface mining. 

30 CFR Part 872 

Indians—land, Moneys available to 

eligible States and Indian tribes. 

Laura Daniel-Davis, 

Principal Deputy Assistant Secretary, Land 

and Minerals Management. 

The action taken herein is pursuant to 

an existing delegation of authority. 

For the reasons given in the preamble, 

the Department of the Interior amends 

30 CFR parts 870 and 872 as set forth 

below: 

PART 870—ABANDONED MINE 

RECLAMATION FUND—FEE 

COLLECTION AND COAL 

PRODUCTION REPORTING 

■ 1. The authority citation at part 870 is 

revised to read as follows: 

Authority: 28 U.S.C. 1746, 30 U.S.C. 1201 

et seq., Pub. L. 105–277 and Pub. L. 117–58. 

■ 2. Amend § 870.13 by: 

■ a. Removing paragraph (a); 

■ b. Revising paragraph (b); and 

■ c. Redesignating paragraph (c) as 

paragraph (a). 

The revision reads as follows: 

§ 870.13 Fee rates. 

* * * * * 

(b) Fees for coal produced for sale, 

transfer, or use from October 1, 2021, 

through September 30, 2034. Fees for 

coal produced for sale, transfer, or use 

from October 1, 2021, through 

September 30, 2034, are shown in the 

following table: 

Type of fee Type of coal Amount of fee 

(1) Surface mining fee ......... Anthracite, bituminous, and 

subbituminous, including 

reclaimed.

(i) If value of coal is $2.24 per ton or more, fee is 22.4 cents per ton. 

(ii) If value of coal is less than $2.24 per ton, fee is 10 percent of the value. 

(2) Underground mining fee Anthracite, bituminous, and 

subbituminous.

(i) If value of coal is $0.96 per ton or more, fee is 9.6 cents per ton. 

(ii) If value of coal is less than $0.96 per ton, fee is 10 percent of the value. 

(3) Surface and underground 

mining fee.

Lignite ................................. (i) If value of coal is $3.20 per ton or more, fee is 6.4 cents per ton. 

(ii) If value of coal is less than $3.20 per ton, fee is 2 percent of the value. 

(4) In situ coal mining fee .... All types other than lignite .. 9.6 cents per ton based on Btu’s per ton in place equated to the gas produced at 

the site as certified through analysis by an independent laboratory. 

(5) In situ coal mining fee .... Lignite ................................. 6.4 cents per ton based on the Btu’s per ton of coal in place equated to the gas 

produced at the site as certified through analysis by an independent laboratory. 

* * * * * 

PART 872—MONEYS AVAILABLE TO 

ELIGIBLE STATES AND INDIAN 

TRIBES 

■ 3. The authority citation at part 872 is 

revised to read as follows: 

Authority: 30 U.S.C. 1201 et seq., Pub. L. 

117–58. 

■ 4. Amend § 872.15 by revising 

paragraph (b)(1) to read as follows: 

§ 872.15 How does OSM distribute and 

award State share funds? 

* * * * * 

(b) * * * 

(1) We annually distribute State share 

funds to you as shown in the following 

table: 

For the Federal fiscal year(s) 

beginning . . . The amount of State share funds we annually distribute to you will be . . . 

(i) October 1, 2007 and October 1, 2008 ........... 50 percent of your 50 percent share of reclamation fees collected on prior fiscal year coal production. 

(ii) October 1, 2009 and October 1, 2010 .......... 75 percent of your 50 percent share of reclamation fees collected on prior fiscal year coal production. 

(iii) October 1, 2011 and continuing through 

September 30, 2035.

100 percent of your 50 percent share of reclamation fees collected on prior fiscal year coal 

production. 

(iv) October 1, 2035 (fiscal year 2036) .............. The amount remaining in your State share of the Fund. 


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* * * * * 

■ 5. Amend § 872.18 by revising 

paragraph (b)(1) to read as follows: 

§ 872.18 How will OSM distribute and 

award Tribal share funds? 

* * * * * 

(b) * * * 

(1) We annually distribute Tribal 

share funds to you as shown in the 

following table: 

For the Federal fiscal year(s) 

beginning . . . The amount of Tribal share funds we annually distribute to you will be . . . 

(i) October 1, 2007 and October 1, 2008 ........... 50 percent of your 50 percent share of reclamation fees collected on prior fiscal year coal production. 

(ii) October 1, 2009 and October 1, 2010 .......... 75 percent of your 50 percent share of reclamation fees collected on prior fiscal year coal production. 

(iii) October 1, 2011 and continuing through 

September 30, 2035.

100 percent of your 50 percent share of reclamation fees collected on prior fiscal year coal 

production. 

(iv) October 1, 2035 (fiscal year 2036) .............. The amount remaining in your Tribal share of the Fund. 

* * * * * 

■ 6. Amend § 872.21 by revising 

paragraphs (b)(1) and (2) to read as 

follows: 

§ 872.21 What are historic coal funds? 

* * * * * 

(b) * * * 

(1) The moneys we reallocate based 

on prior balance replacement funds 

distributed under § 872.29, which will 

be available to supplement grants 

beginning with Federal fiscal year 2036; 

and 

(2) The moneys we reallocate based 

on certified in lieu funds distributed 

under § 872.32, which will be available 

to supplement grants in Federal fiscal 

years 2009 through 2035. 

■ 7. Amend § 872.22 by revising 

paragraph (c) to read as follows: 

§ 872.22 How does OSM distribute and 

award historic coal funds? 

* * * * * 

(c) We annually distribute historic 

coal funds to you as shown in the 

following table: 

For the Federal fiscal years 

beginning . . . The amount of historic coal funds we annually distribute to you will be . . . 

(1) October 1, 2007 and October 1, 2008 .......... 50 percent of the amount we calculate using the formula described in paragraph (b) of this 

section. 

(2) October 1, 2009 and October 1, 2010 .......... 75 percent of the amount we calculated using the formula described in paragraph (b) of this 

section. 

(3) October 1, 2011 and continuing through 

September 30, 2035.

100 percent of the amount we calculate using the formula described in paragraph (b) of this 

section. 

(4) October 1, 2035 (fiscal year 2036), and 

thereafter.

100 percent of the amount we calculate using the formula described in paragraph (b) of this 

section until funds are no longer available or you have reclaimed your remaining Priority 1 

and 2 coal problems. 

* * * * * 

■ 8. Amend § 872.27 by revising 

paragraph (a)(2) to read as follows: 

§ 872.27 How does OSM distribute and 

award minimum program make up funds? 

* * * * * 

(a) * * * 

(2) For each Federal fiscal year, we 

add minimum program make up funds 

to your combined distribution of prior 

balance replacement, State or Tribal 

share, and historic coal funds as shown 

in the following table: 

For each of the Federal fiscal years 

beginning . . . The amount of minimum program make up funds we add to your distribution will be . . . 

(i) October 1, 2007 and October 1, 2008 ........... 50 percent of the amount that we calculated should be added under paragraph (a)(1) of this 

section. 

(ii) October 1, 2009 and October 1, 2010 .......... 75 percent of the amount that we calculated should be added under paragraph (a)(1) of this 

section. 

(iii) October 1, 2011 and continuing through 

September 30, 2035.

100 percent of the amount that we calculated should be added under paragraph (a)(1) of this 

section as long as you have at least $3 million of Priority 1 and 2 coal problems remaining. 

(iv) October 1, 2035 and thereafter .................... to the extent funds are available, 100 percent of the amount that we calculated should be 

added under paragraph (a)(1) until you have less than $3 million of Priority 1 and 2 coal 

problems remaining. 

* * * * * 

■ 9. Amend § 872.30 by revising 

paragraph (c) to read as follows: 

§ 872.30 How does OSM distribute and 

award prior balance replacement funds? 

* * * * * 

(c) At the same time we distribute 

prior balance replacement funds to you 

under this section, we transfer the same 

amount to historic coal funds from 

moneys in your State or Tribal share of 

the Fund that were allocated to you 

before October 1, 2007. The transferred 

funds will be available for annual grants 

under § 872.21 for the Federal fiscal 

year beginning October 1, 2035, and 

annually thereafter. We will allocate, 

distribute, and award the transferred 


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funds according to the provisions of 

§§ 872.21, 872.22, and 872.23. 

[FR Doc. 2022–00513 Filed 1–13–22; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0021] 

RIN 1625–AA00 

Safety Zone; Potomac River, Between 

Charles County, MD and King George 

County, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of the Potomac River. 

This action is necessary to provide for 

the safety of persons, and the marine 

environment from the potential safety 

hazards associated with construction 

operations at the new Governor Harry 

W. Nice/Senator Thomas ‘‘Mac’’ 

Middleton Memorial (US–301) Bridge, 

which will occur from 8 p.m. on January 

15, 2022 through 8 p.m. on January 22, 

2022. This rule will prohibit persons 

and vessels from being in the safety 

zone unless authorized by the Captain 

of the Port, Maryland-National Capital 

Region or a designated representative. 

DATES: This rule is effective from 8 p.m. 

on January 15, 2022 until 8 p.m. on 

January 22, 2022 . 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0021 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Ron Houck, Sector MarylandNCR, Waterways Management Division, 

U.S. Coast Guard: telephone 410–576– 

2674, email Ronald.L.Houck@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

§ Section 

TFR Temporary Final Rule 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On January 5, 2022, Skanska-CormanMcLean, Joint Venture, notified the 

Coast Guard that the company will be 

setting structural steel sections across 

the federal navigation channel at the 

new Governor Harry W. Nice/Senator 

Thomas ‘‘Mac’’ Middleton Memorial 

(US–301) Bridge. The bridge contractor 

stated the work required to set structural 

steel across the channel, originally 

scheduled to occur in November 2021, 

and rescheduled to December 2021, was 

scheduled to occur from January 3, 

2022, through January 15, 2022. 

However, the unexpected and 

unprecedented impacts to the southern 

Maryland and northern Virginia region 

from the major snow storm on January 

3, 2022 halted operations and caused 

additional delays. The work is now 

scheduled to occur from January 11, 

2022, through January 22, 2022. The 

work described by the contractor 

requires the movement in and anchoring 

at multiple points of a large crane barge 

within the federal navigation channel. 

This crane can accommodate all of the 

steel to be hoisted and placed, which 

will streamline the operation by 

avoiding multiple reloads of steel and 

reducing the time in the channel by 

multiple days. This operation will 

impede vessels requiring the use of the 

channel. Note, the Coast Guard has 

previously issued other temporary 

safety zones at this location for 

placement of fender ring elements in 

association with construction of the new 

bridge (USCG–2021–0127; USCG–2021– 

0650; USCG–2021–0745; and USCG– 

2021–0906). 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because doing 

so would be impracticable and contrary 

to the public interest. Construction 

operations involving large crane heavy 

lifts at the new Governor Harry W. Nice/ 

Senator Thomas ‘‘Mac’’ Middleton 

Memorial (US–301) Bridge must occur 

within the federal navigation channel. 

Immediate action is needed to respond 

to the potential safety hazards 

associated with bridge construction. 

Hazards from the construction 

operations include low-hanging or 

falling ropes, cables, large piles and 

cement cast portions, dangerous 

projectiles, and or other debris. We must 

establish this safety zone by January 15, 

2022 to guard against these hazards. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable and 

contrary to the public interest because 

immediate action is needed to respond 

to the potential safety hazards 

associated with construction operations 

at the new Governor Harry W. Nice/ 

Senator Thomas ‘‘Mac’’ Middleton 

Memorial (US–301) Bridge to be 

conducted within the federal navigation 

channel. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The COTP 

has determined that potential hazards 

associated with bridge construction 

starting January 15, 2022, will be a 

safety concern for anyone within the 

federal navigation channel at the new 

Governor Harry W. Nice/Senator 

Thomas ‘‘Mac’’ Middleton Memorial 

(US–301) Bridge construction site. This 

rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the safety 

zone while the bridge is being 

constructed. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 8 p.m. on January 15, 

2022, through 8 p.m. on January 22, 

2022. The safety zone will cover all 

navigable waters of the Potomac River 

encompassed by a line connecting the 

following points beginning at 

38°21′50.96′′ N, 076°59′22.04′′ W, thence 

south to 38°21′43.08′′ N, 076°59′20.55′′ 

W, thence west to 38°21′41.00′′ N, 

076°59′34.90′′ W, thence north to 

38°21′48.90′′ N, 076°59′36.80′′ W, and 

east back to the beginning point, located 

between Charles County, MD and King 

George County, VA. 

The duration of the zone is intended 

to protect personnel and the marine 

environment in these navigable waters 

while structural steel is being set across 

the federal navigation channel at the 

new Governor Harry W. Nice/Senator 

Thomas ‘‘Mac’’ Middleton Memorial 

(US–301) Bridge. 

Except for marine equipment and 

vessels operated by Skanska-CormanMcLean, Joint Venture, or its 


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