Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Rules and Regulations 2611 

1The Improvements Act amended the Federal 

Civil Penalties Inflation Adjustment Act of 1990. 

See Public Law 101–410 (codified at 28 U.S.C. 2461 

note). 

2Under the Improvements Act, Federal agencies 

were required to adjust their civil monetary 

penalties for inflation with an initial ‘‘catch-up’’ 

adjustment through an interim final rulemaking in 

2016 and must make subsequent inflation 

adjustments not later than January 15 annually, 

beginning in 2017. Public Law 114–74, sec. 

701(b)(1). 

by the Immigration and Nationality Act 

of 1952, as amended, 8 U.S.C. 1101 et 

seq. (‘‘INA’’), and as delegated to the 

Assistant Secretary for Employment and 

Training, 75 FR 66268, and the 

Administrator of the Wage and Hour 

Division, 75 FR 55352, we are affirming 

and ratifying a prior action by Martin J. 

Walsh, Secretary of Labor. On October 

12, 2022, the Employment and Training 

Administration and the Wage and Hour 

Division published in the FR the Final 

Rule codifying amendments to the 

Department’s regulations regarding the 

certification of temporary employment 

of nonimmigrant workers employed in 

temporary or seasonal agricultural 

employment and the enforcement of the 

obligations applicable to employers of 

such nonimmigrant workers. 87 FR 

61660 (Oct. 12, 2022). 

The Final Rule was signed by 

Secretary Walsh. We have full and 

complete knowledge of the Final Rule 

action taken by former Secretary Walsh. 

Subsequent to the Secretary of 

Homeland Security’s documented 

approval of the Final Rule dated 

November 7, 2024, in consultation with 

the Secretary of Labor and Secretary of 

Agriculture, and out of an abundance of 

caution and to avoid any doubt as to its 

validity, we have independently 

evaluated the Final Rule and the basis 

for adopting it. We have determined that 

the amendments to the regulations in 

the Final Rule are consistent with the 

Secretary of Labor’s statutory 

responsibility to certify that there are 

insufficient able, willing, and qualified 

U.S. workers available to perform the 

needed work and that the employment 

of H–2A workers will not adversely 

affect the wages and working conditions 

of workers in the United States similarly 

employed. We have also determined 

that the changes adopted in the Final 

Rule strike an appropriate balance 

between the statute’s competing goals of 

providing employers with an adequate 

supply of legal agricultural labor and 

protecting the wages of workers in the 

United States similarly employed by 

strengthening protections for workers, 

modernizing and simplifying the H–2A 

application and temporary labor 

certification process, and easing 

regulatory burdens on employers. We 

also agree with the Department’s 

certification that the Final Rule does not 

have a significant economic impact on 

a substantial number of small entities. 

See 87 FR 61660, 61787. 

Therefore, pursuant to our authorities 

as the Assistant Secretary for 

Employment and Training and the 

Administrator of the Wage and Hour 

Division, and based on our independent 

review of the action and the reasons for 

taking it, we hereby affirm and ratify the 

Final Rule, as of January 7, 2025, 

including all regulatory analysis 

certifications contained therein. This 

action is taken without prejudice to any 

right to litigate the validity of the Final 

Rule as approved and published on 

October 12, 2022. Nothing in this action 

is intended to suggest any legal defect 

or infirmity in the approval or 

publication of the Final Rule. 

Jose ́ Javier Rodrı ́guez, 

Assistant Secretary, Employment and 

Training Administration, Labor. 

Jessica Looman, 

Administrator, Wage and Hour Division, 

Labor. 

[FR Doc. 2025–00526 Filed 1–8–25; 4:15 pm] 

BILLING CODE 4510–FP–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management 

30 CFR Parts 550 and 553 

[Docket ID: BOEM–2025–0001] 

RIN 1010–AE22 

2025 Civil Penalties Inflation 

Adjustments for Oil, Gas, and Sulfur 

Operations in the Outer Continental 

Shelf 

AGENCY: Bureau of Ocean Energy 

Management, Interior. 

ACTION: Final rule. 

SUMMARY: This final rule implements 

the 2025 inflation adjustments to the 

maximum daily civil monetary penalties 

in the Bureau of Ocean Energy 

Management’s (BOEM) regulations for 

violations of the Outer Continental Shelf 

Lands Act (OCSLA) and the Oil 

Pollution Act of 1990 (OPA). These 

inflation adjustments are made pursuant 

to the Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (Improvements Act) and Office of 

Management and Budget (OMB) 

memorandum M–25–02. The 2025 

adjustment multiplier of 1.02598 

accounts for 1 year of inflation from 

October 2023 through October 2024. 

DATES: This rule is effective on January 

13, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Questions regarding the inflation 

adjustment methodology or amount 

should be directed to Jayson Pollock, 

Economics Division, BOEM, at 

jayson.pollock@boem.gov or at (703) 

787–1537. Questions regarding the 

timing of this adjustment or the 

applicability of the regulations should 

be directed to Karen Thundiyil, 

Director, Office of Regulatory Affairs, 

BOEM at karen.thundiyil@boem.gov or 

at (202) 742–0970. 

SUPPLEMENTARY INFORMATION: 

I. Legal Authority 

II. Background and Purpose 

III. Calculation of the 2025 Adjustments 

IV. Statutory and Executive Order Reviews 

A. Statutes 

1. National Environmental Policy Act 

2. Regulatory Flexibility Act 

3. Paperwork Reduction Act 

4. Unfunded Mandates Reform Act 

5. Small Business Regulatory Enforcement 

Fairness Act 

6. Congressional Review Act 

B. Executive Orders (E.O.) 

1. Governmental Actions and Interference 

With Constitutionally Protected Property 

Rights (E.O. 12630) 

2. Regulatory Planning and Review (E.O. 

12866); Modernizing Regulatory Review 

(E.O. 14094); Improving Regulation and 

Regulatory Review (E.O. 13563) 

3. Civil Justice Reform (E.O. 12988) 

4. Federalism (E.O. 13132) 

5. Consultation and Coordination With 

Indian Tribal Governments (E.O. 13175) 

6. Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (E.O. 13211) 

I. Legal Authority 

OCSLA authorizes the Secretary of the 

Interior (the Secretary) to impose a daily 

civil monetary penalty for a violation of 

OCSLA or its implementing regulations, 

leases, permits, or orders. It also directs 

the Secretary to adjust the maximum 

penalty at least every 3 years to reflect 

any inflation increase in the Consumer 

Price Index. 43 U.S.C. 1350(b)(1). 

Similarly, OPA authorizes civil 

monetary penalties for failure to comply 

with OPA’s financial responsibility 

provisions or its implementing 

regulations. 33 U.S.C. 2716a(a). OPA 

does not include a maximum daily civil 

penalty inflation adjustment provision, 

but such adjustment is authorized by 

the Improvements Act. See 28 U.S.C. 

2461 note. 

The Improvements Act 1 requires that 

Federal agencies publish inflation 

adjustments to their civil monetary 

penalties in the Federal Register not 

later than January 15 annually.2 The 

purposes of these inflation adjustments 

are to maintain the deterrent effect of 

civil penalties and to further the policy 


ddrumheller on DSK120RN23PROD with RULES1
2612 Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Rules and Regulations 

3OMB Memorandum M–25–02 ‘‘Implementation 

of Penalty Inflation Adjustments for 2025, Pursuant 

to the Federal Civil Penalties Inflation Adjustment 

Act Improvements Act of 2015’’ is available at 

https://www.whitehouse.gov/wp-content/uploads/ 

2024/12/M-25-02.pdf. 4Specifically, Congress directed that agencies 

adjust civil monetary penalties ‘‘notwithstanding 

section 553 of title 5, United States Code 

[Administrative Procedure Act (APA)],’’ which 

generally requires prior notice of proposed 

rulemaking, opportunity for public comment on 

proposed rulemaking, and publication of a final 

rule at least 30 days before its effective date. 

Improvements Act, sec. 701(b)(1)(D); APA, 5 U.S.C. 

553. OMB confirmed this interpretation of the 

Improvements Act. OMB M–25–02 at 4 (‘‘This 

means that the notice and comment process the 

APA generally requires—i.e., notice, an opportunity 

for comment, and a delay in effective date—is not 

required for agencies to issue regulations 

implementing the annual adjustment.’’). 

goals of the underlying statutes. Federal 

Civil Penalties Inflation Adjustment Act 

of 1990, Public Law 101–410, sec. 2 

(codified at 28 U.S.C. 2461 note). 

II. Background and Purpose 

BOEM implemented the 2024 

inflation adjustment for its civil 

monetary penalties through a final rule 

entitled, ‘‘2024 Civil Penalties Inflation 

Adjustments for Oil, Gas, and Sulfur 

Operations in the Outer Continental 

Shelf,’’ which was published in the 

Federal Register on January 25, 2024 at 

89 FR 4815. That rule accounted for 

inflation for the 12-month period 

between October 2022 and October 

2023. 

OMB memorandum M–25–02 3

reiterates agency responsibilities under 

the Improvements Act. Such 

responsibilities include identifying 

applicable penalties and performing the 

annual adjustment; publishing revisions 

to regulations to implement the 

adjustment in the Federal Register; 

applying adjusted penalty dollar 

amounts; and performing agency 

oversight of inflation adjustments. 

Pursuant to the Improvements Act 

and OMB M–25–02, this final rule 

implements BOEM’s 2025 inflation 

adjustments to OCSLA and OPA 

maximum daily civil monetary 

penalties. A proposed rule is 

unnecessary as the Improvements Act 

expressly exempts annual civil penalty 

inflation adjustments from the 

Administrative Procedure Act’s (APA) 

notice of proposed rulemaking, public 

comment, and standard effective date 

provisions. Improvements Act, Public 

Law 114–74, sec. 701(b)(1)(D); APA, 5 

U.S.C. 553.4

On July 22, 2021, BOEM issued a final 

rule entitled, ‘‘Maximum Daily Civil 

Penalty Amounts for Violations of the 

Federal Oil and Gas Royalty 

Management Act’’ (86 FR 38557). The 

rule amended BOEM’s regulations that 

set maximum daily civil penalty 

(MDCP) amounts for violations of the 

Federal Oil and Gas Royalty 

Management Act (FOGRMA). The 

amendment cross-referenced BOEM’s 

regulations to the Office of Natural 

Resources Revenue (ONRR) regulations 

that also set MDCP amounts for 

FOGRMA violations. This crossreference ensured consistency between 

BOEM’s FOGRMA MDCP amounts and 

ONRR’s FOGRMA MDCP amounts. 

Because ONRR annually adjusts its 

MDCP for inflation, the crossreferencing rule also ensured consistent 

compliance with the Improvements Act 

and related OMB guidance while 

reducing possible confusion among 

regulated parties and unnecessary 

duplication of effort and costs to the 

Federal Government. The crossreference to ONRR’s regulations relieves 

BOEM of the necessity to adjust its 

FOGRMA MDCP. 

III. Calculation of the 2025 Adjustments 

In accordance with the Improvements 

Act, BOEM determined that OCSLA and 

OPA maximum daily civil monetary 

penalties require annual inflation 

adjustments. BOEM issues this final rule 

adjusting those penalty amounts for 

inflation through October 2024. The 

annual inflation adjustment is based on 

the percent change between the 

Consumer Price Index for All Urban 

Consumers (CPI–U) for the October 

preceding the date of the adjustment 

and the prior year’s October CPI–U. 

Consistent with OMB M–25–02, the 

2025 inflation adjustment multiplier can 

be calculated by dividing the October 

2024 CPI–U by the October 2023 CPI– 

U. In this case, October 2024 CPI–U 

(315.664)/October 2023 CPI–U (307.671) 

= 1.02598. 

For 2025, BOEM multiplied the 

current OCSLA maximum daily civil 

monetary penalty of $54,352 by the 

multiplier 1.02598, which equals 

$55,764.06. The Improvements Act 

requires that the resulting amount be 

rounded to the nearest dollar. 

Accordingly, the 2025 adjusted OCSLA 

maximum daily civil monetary penalty 

is $55,764. 

For 2025, BOEM multiplied the 

current OPA maximum daily civil 

penalty amount of $57,617 by the 

multiplier 1.02598, which equals 

$59,113.89. The Improvements Act 

requires that the resulting amount be 

rounded to the nearest dollar. 

Accordingly, the 2025 adjusted OPA 

maximum daily civil monetary penalty 

is $59,114. 

The adjusted penalty amounts take 

effect immediately upon publication of 

this rule. Under the Improvements Act, 

the adjusted amounts apply to civil 

penalties assessed after the date the 

increase takes effect, even if the 

associated violation predates the 

increase. 

Table 1 summarizes BOEM’s 2025 

maximum daily civil monetary penalties 

for each OCSLA and OPA violation. 

TABLE 1—BOEM CIVIL PENALTIES ADJUSTMENTS

CFR citation Description of the penalty 

Current 

maximum 

penalty 

Multiplier 

2025 

maximum 

penalty 

30 CFR 550.1403 (OCSLA) ............................ Failure to comply per day per violation ......... $54,352 1.02598 $55,764 

30 CFR 553.51(a) (OPA) ................................ Failure to comply per day per violation ......... 57,617 1.02598 59,114 

IV. Statutory and Executive Order 

Reviews 

A. Statutes 

1. National Environmental Policy Act 

This rule does not constitute a major 

Federal action under the National 

Environmental Policy Act of 1969 

(NEPA, 42 U.S.C. 4321 et seq.) because 

the civil penalty adjustments are 

required by law and the Bureau has no 

control or responsibility for the action 

other than ministerial (see 43 CFR 

46.100(a); see also 40 CFR 1508.1(w)(2)). 

The Improvements Act requires BOEM 

to annually adjust the amounts of its 

civil penalties to account for inflation as 

measured by the Department of Labor’s 

Consumer Price Index. Accordingly, 

BOEM has no discretion in the 

execution of the civil penalty 

adjustments reflected in this final rule. 

Because this rule is not a major Federal 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Rules and Regulations 2613 

5See Office of Mgmt. & Budget, Exec. Office of 

the President, OMB M–19–14, Guidance on 

Compliance with the Congressional Review Act 

(2019), available at https://www.whitehouse.gov/ 

wp-content/uploads/2019/04/M-19-14.pdf; OMB 

Memorandum M–25–02 at 3–4. 

action, it is therefore not subject to the 

requirements of NEPA. Even if this were 

a discretionary action subject to NEPA, 

which it is not, a detailed statement 

under NEPA would not be required 

because, as a regulation of an 

administrative nature, this rule would 

be covered by a categorical exclusion 

(see 43 CFR 46.210(i)). Moreover, BOEM 

determined that the rule does not 

implicate any of the extraordinary 

circumstances listed in 43 CFR 46.215 

that would prevent reliance on the 

categorical exclusion. Therefore, a 

detailed statement under NEPA is not 

required. 

2. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA, 

5 U.S.C. 601 et seq.) 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. 

However, the RFA applies only to rules 

for which an agency is required to first 

publish a proposed rule. See 5 U.S.C. 

603(a) and 604(a). The Improvements 

Act expressly exempts these annual 

inflation adjustments from the 

requirement to publish a proposed rule 

for notice and comment. Improvements 

Act, Public Law 114–74, sec. 

701(b)(1)(D); OMB M–25–02 at 3–4. 

Thus, the RFA does not apply to this 

rulemaking. 

3. Paperwork Reduction Act 

This rule does not contain 

information collection requirements, 

and, therefore, a submission to OMB 

under the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.) is not required. 

4. Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

Tribal governments, in the aggregate, or 

to the private sector, of $100 million or 

more in any one year. The rule does not 

have a significant or unique effect on 

State, local, or Tribal governments, or 

on the private sector. Therefore, a 

statement containing the information 

required by the Unfunded Mandates 

Reform Act (2 U.S.C. 1531 et seq.) is not 

required. 

5. Small Business Regulatory 

Enforcement Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2). 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 U.S.-based enterprises to 

compete with foreign-based enterprises. 

6. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.) and OMB 

guidance,5 this rule is not a major rule, 

as defined by that act. 5 U.S.C. 804(2). 

B. Executive Orders (E.O.) 

1. Governmental Actions and 

Interference With Constitutionally 

Protected Property Rights (E.O. 12630) 

This rule does not effect a taking of 

private property or otherwise have 

takings implications under E.O. 12630. 

Therefore, a takings implication 

assessment is not required. 

2. Regulatory Planning and Review (E.O. 

12866); Modernizing Regulatory Review 

(E.O. 14094); Improving Regulation and 

Regulatory Review (E.O. 13563) 

E.O. 12866, as amended by E.O. 

14094, provides that the Office of 

Information and Regulatory Affairs 

(OIRA) will review all significant rules. 

OIRA determined that annual civil 

penalty inflation adjustment rules are 

not significant if they exclusively 

implement the annual inflation 

adjustment consistent with OMB 

guidance and have an annual impact of 

less than $200 million. See OMB 

Memorandum M–25–02 at 3–4. This 

rule meets those conditions and, thus, is 

not a significant rule. 

E.O. 13563 reaffirms the principles of 

E.O. 12866, as amended by E.O. 14094, 

while calling for improvements in the 

Nation’s regulatory system to reduce 

uncertainty and to promote 

predictability and for the use of the best, 

most innovative, and least burdensome 

tools for achieving regulatory ends. E.O. 

13563 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. E.O. 13563 further 

emphasizes 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. However, BOEM is 

using neither science nor public 

participation in this rulemaking. 

Congress directed agencies to adjust the 

maximum daily civil penalty amounts 

using a particular equation without 

public participation. BOEM does not 

have discretion to use any other factor 

in the adjustment. BOEM has developed 

this rule in a manner consistent with the 

requirements in E.O. 13563 to the extent 

relevant and feasible given the limited 

discretion provided to agencies under 

the Improvements Act. 

3. Civil Justice Reform (E.O. 12988) 

This rule complies with the 

requirements of E.O. 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. 

4. Federalism (E.O. 13132) 

Under the criteria in section 1 of E.O. 

13132, this rule does not have sufficient 

federalism implications to warrant the 

preparation of a federalism summary 

impact statement. This rule merely 

adjusts the dollar amount of civil 

monetary penalties that BOEM may 

impose on oil and gas lessees, grant 

holders, and operators on the Outer 

Continental Shelf and has no effects on 

any actions of State or local 

governments. Therefore, a federalism 

summary impact statement is not 

required. 

5. Consultation and Coordination With 

Indian Tribal Governments (E.O. 13175) 

The Department of the Interior and 

BOEM strive to strengthen their 

government-to-government 

relationships with Indian Tribes 

through a commitment to consultation 

with Indian Tribes and recognition of 

the Tribes’ right to self-governance and 

Tribal sovereignty. BOEM evaluated this 

rule under the Department of the 

Interior’s consultation policy, 

Departmental Manual part 512, chapters 

4 and 5, and E.O. 13175. BOEM 

determined that this rule has no 

substantial direct effects on federally 

recognized Indian Tribes or Alaska 

Native Claims Settlement Act 

Corporations and that consultation 

under existing Department and BOEM 

policies is not required. 


ddrumheller on DSK120RN23PROD with RULES1
2614 Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Rules and Regulations 

6. Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (E.O. 13211) 

This rule is not a ‘‘significant energy 

action’’ under the definition of that term 

found in E.O. 13211. Therefore, a 

statement of energy effects is not 

required. 

List of Subjects 

30 CFR Part 550 

Administrative practice and 

procedure, Continental shelf, 

Environmental impact statements, 

Environmental protection, Federal 

lands, Government contracts, 

Investigations, Mineral resources, Oil 

and gas exploration, Outer continental 

shelf, Penalties, Pipelines, Reporting 

and recordkeeping requirements, Rightsof-way, Sulfur. 

30 CFR Part 553 

Administrative practice and 

procedure, Continental shelf, Financial 

responsibility, Liability, Limit of 

liability, Oil and gas exploration, Oil 

pollution, Outer continental shelf, 

Penalties, Pipelines, Reporting and 

recordkeeping requirements, Rights-ofway, Surety bonds, Treasury securities. 

This action by the Principal Deputy 

Assistant Secretary is taken pursuant to 

an existing delegation of authority. 

Steven H. Feldgus, 

Principal Deputy Assistant Secretary, Land 

and Minerals Management. 

For the reasons stated in the 

preamble, BOEM amends 30 CFR parts 

550 and 553 as follows: 

PART 550—OIL AND GAS AND 

SULPHUR OPERATIONS IN THE 

OUTER CONTINENTAL SHELF 

■ 1. The authority citation for part 550 

is revised to read as follows: 

Authority: 30 U.S.C. 1751; 31 U.S.C. 9701; 

43 U.S.C. 1334. 

■ 2. Revise § 550.1403 to read as 

follows: 

§ 550.1403 What is the maximum civil 

penalty? 

The maximum civil penalty is 

$55,764 per day per violation. 

PART 553—OIL SPILL FINANCIAL 

RESPONSIBILITY FOR OFFSHORE 

FACILITIES 

■ 3. The authority citation for part 553 

continues to read as follows: 

Authority: 33 U.S.C. 2704, 2716; 2716a; 

E.O. 12777, as amended. 

■ 4. Revise § 553.51(a) to read as 

follows: 

§ 553.51 What are the penalties for not 

complying with this part? 

(a) If you fail to comply with the 

financial responsibility requirements of 

OPA at 33 U.S.C. 2716 or with the 

requirements of this part, then you may 

be liable for a civil penalty of up to 

$59,114 per COF per day of violation 

(that is, each day a COF is operated 

without acceptable evidence of OSFR). 

* * * * * 

[FR Doc. 2025–00257 Filed 1–10–25; 8:45 am] 

BILLING CODE 4340–98–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 950 

[SATS No. WY–049–FOR; Docket No. OSM– 

2021–0003; S1D1S SS08011000 SX064A000 

245S180110; S1D1S SS08011000 

SX064A000 24XS501520] 

Wyoming Regulatory Program 

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 Wyoming regulatory program 

(hereinafter, the Wyoming Program or 

Program) under the Surface Mining 

Control and Reclamation Act of 1977 

(SMCRA or the Act). On its own 

initiative, the Wyoming Land Quality 

Division (LQD), in response to State 

legislative changes enacted in 2020, 

proposed rules to its Program that 

facilitate the disposal of inert 

decommissioned wind turbine blades 

and towers as backfill in end walls or 

the final pit voids in surface coal mining 

operations. In addition, Wyoming has 

updated Chapter 2 of its Coal Rules, 

titled ‘‘Permit Application 

Requirements for Surface Coal Mining 

Operations,’’ to provide consistency 

with the Wyoming Secretary of State’s 

Rules on Rules, as well as correct 

grammatical errors. 

DATES: Effective February 12, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Attn: Jeffrey Fleischman, Field Office 

Director, Office of Surface Mining 

Reclamation and Enforcement, 100 East 

B Street, Casper, Wyoming 82602, 

Telephone: (307) 261–6550, Email: 

jfleischman@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Wyoming Program 

II. Submission of the Amendment 

III. OSMRE’s Findings 

IV. Summary and Disposition of Comments 

V. OSMRE’s Decision 

VI. Statutory and Executive Order Reviews 

I. Background on the Wyoming 

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, State laws 

and regulations that govern surface coal 

mining and reclamation operations in 

accordance with the Act and consistent 

with the Federal regulations. See 30 

U.S.C. 1253(a)(1) and (7). 

On the basis of these criteria, the 

Secretary of the Interior conditionally 

approved the Wyoming program on 

November 26, 1980. You can find 

background information on the 

Wyoming program, including the 

Secretary’s findings, the disposition of 

comments, and conditions of approval 

in the November 26, 1980, Federal 

Register (45 FR 78637). You can also 

find later actions concerning Wyoming’s 

program and program amendments at 30 

CFR 950.11, 950.12, 950.15, 950.16, and 

950.20. 

II. Submission of the Amendment 

By letter dated June 4, 2021 

(Administrative Record No. WY–49–01), 

Wyoming LQD sent us an amendment to 

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

1201 et seq.). Wyoming submitted the 

amendment in response to legislative 

changes made through Wyoming House 

Bill HB0129 during the 2020 legislative 

session, to Wyoming Statute (W.S.) 

§ 35–11–402(a)(xiii). These changes 

outlined rules regarding how noncoal, 

non-mining waste, in the form of inert 

decommissioned wind turbine blades 

and towers, could be used as backfill in 

open surface coal mine pits in order to 

facilitate disposal of those materials. 

The proposed revisions to Chapter 2 of 

the Program allow for inert wind turbine 

blades and towers to be placed in the 

final pit voids or end walls of surface 

coal mining operations during 

reclamation. In addition, Wyoming has 

proposed grammatical changes to 

Chapter 2 as well as minor edits to 

provide consistency with the Wyoming 

Secretary of State’s Rules on Rules. 

Wyoming stated in its submission that 

the Wyoming Legislature tasked LDQ 

with developing rules and regulations 

about the disposal of noncoal, nonmining-generated solid wastes at surface 

coal mining and reclamation operations 

because of the large volume of 

decommissioned wind turbine blades 

and towers, a lack of scalable recycling 


ddrumheller on DSK120RN23PROD with RULES1