Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Rules and Regulations 37039 

TABLE OF NON-SUBSTANTIVE CORRECTIONS

Page No. Original text Corrected text 

Page 32519 ........ below shows the entities and employees ................................ Table VI.B.36 below shows the entities and employees. 

Page 32537 ........ Table VI.B.4142 ....................................................................... Table VI.B.41. 

Page 32539 ........ Table VI.B.4344 ....................................................................... Table VI.B.43. 

Page 32540 ........ Table VI.B.01 ........................................................................... Table VI.B.44. 

Page 32541 ........ Table VI.B.12 ........................................................................... Table VI.B.45. 

Page 32542 ........ Table VI.B.2 ............................................................................. Table VI.B.46. 

Page 32544 ........ (raw data from Table VI.B.4546, Row K) ................................ (raw data from Table VI.B.45, Row K). 

Page 32544 ........ (Table VI.B.4546, Row M) ....................................................... (Table VI.B.45, Row M). 

Page 32544 ........ summarized in Row L of in Need for Specific Provisions ....... summarized in Row L of Table VI.B.44. In Need for Specific 

Provisions. 

Page 32544 ........ (see Table VI.B.4142 ............................................................... (see Table VI.B.41. 

Page 32546 ........ d. Low-Case Sensitivity Analysis ............................................. Low-Case Sensitivity Analysis. 

Page 32548 ........ Error! Reference source not found .......................................... Table VI.B.A.1. 

List of Subjects for 29 CFR part 1910 

COVID–19, Disease, Health facilities, 

Health, Healthcare, Incorporation by 

reference, Occupational health and 

safety, Public health, Quarantine, 

Reporting and recordkeeping 

requirements, Respirators, SARS–CoV– 

2, Telework, Vaccines, Viruses. 

Authority and Signature 

James S. Frederick, Acting Assistant 

Secretary of Labor for Occupational 

Safety and Health, U.S. Department of 

Labor, 200 Constitution Avenue NW, 

Washington, DC 20210, authorized the 

preparation of this document pursuant 

to the following authorities: Sections 4, 

6, and 8 of the Occupational Safety and 

Health Act of 1970 (29 U.S.C. 653, 655, 

657); Secretary of Labor’s Order 8–2020 

(85 FR 58393 (Sept. 18, 2020)); 29 CFR 

part 1911; and 5 U.S.C. 553. 

James S. Frederick, 

Acting Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. 2021–14326 Filed 7–13–21; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 926 

[SATS No. MT–039–FOR; Docket No. OSM– 

2020–0004; S1D1S SS08011000 SX064A000 

212S180110; S2D2S SS08011000 

SX064A000 21XS501520] 

Montana Abandoned Mine Land 

Reclamation Plan 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Final rule; approval of 

amendment. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSMRE), are approving an amendment 

to the Montana abandoned mine land 

(AML) reclamation plan (Montana Plan) 

under the Surface Mining Control and 

Reclamation Act of 1977 (SMCRA or the 

Act). Montana proposed to repeal and 

replace its existing AML Plan in 

response to OSMRE’s request to amend 

the Plan and to improve the readability 

and efficiency of the document. 

Montana also submitted a statutory 

provision enacted by the State 

legislature in 2007 regarding its AML 

account for OSMRE approval. 

DATES: Effective August 13, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Fleischman, Office of Surface 

Mining Reclamation and Enforcement, 

Dick Cheney Federal Building, 150 East 

B Street, Casper, WY 82601–7032. 

Telephone: (307) 261–6550. Email: 

jfleischman@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Montana Plan 

II. Submission of the Amendment 

III. OSMRE’s Findings 

IV. Summary and Disposition of Comments 

V. OSMRE’s Decision 

VI. Procedural Determinations 

I. Background on the Montana Plan 

The Abandoned Mine Land 

Reclamation Program was established 

by Title IV of the Act (30 U.S.C. 1201 

et seq.) 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 October 24, 1980, the Secretary of 

the Interior approved the Montana Plan. 

You can find general background 

information on the Montana Plan, 

including the Secretary’s findings and 

the disposition of comments, in the 

October 24, 1980, Federal Register (45 

FR 70445). OSMRE announced in the 

July 9, 1990, Federal Register (55 FR 

28022) the Director’s decision accepting 

certification by Montana that it had 

addressed all known coal-related 

impacts in the State that were eligible 

for funding under the Montana Plan. 

You can also find later actions 

concerning Montana’s AML Program 

and Plan amendments at 30 CFR 926.25. 

II. Submission of the Amendment 

Under the authority of 30 CFR 884.15, 

OSMRE directed Montana to update its 

Plan by letter dated March 6, 2019 

(Document ID No. OSM–2020–0004– 

0003). OSMRE indicated that the 

Montana Plan required revisions to meet 

the requirements of SMCRA as revised 

on December 20, 2006, under the Tax 

Relief and Health Care Act of 2006 (Pub. 

L. 109–432), and in response to changes 

made to the implementing Federal 

regulations as revised on November 14, 

2008 (73 FR 67576) and February 5, 

2015 (80 FR 6435). By letter dated 

August 4, 2020 (Administrative Record 

No. OSM–2020–0004–0002), Montana 

sent us an amendment to its State Plan 

under SMCRA (30 U.S.C. 1201 et seq.). 

Montana’s amendment is intended to 

address all required amendments 

identified in OSMRE’s letter dated 

March 6, 2019. The State also proposed 

additional changes as part of the State’s 

initiative to improve the Plan’s 

readability and operational efficiency. 

The State also proposed a statutory 

addition enacted by its legislature in 

2007. Montana’s amendment will repeal 

and replace the State’s existing 

Abandoned Mine Lands (AML) Plan. 

We announced receipt of the 

proposed amendment in the December 


lotter on DSK11XQN23PROD with RULES1
37040 Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Rules and Regulations 

17, 2020, Federal Register (85 FR 

81862). 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 none 

were requested. The public comment 

period ended on January 19, 2021. 

III. OSMRE’s Findings 

The following are the findings we 

made concerning Montana’s amendment 

under SMCRA and the Federal 

regulations at 30 CFR 884.14 and 

884.15. We are approving the 

amendment as described below. 

Montana’s Legislature enacted new 

statutory language at 82–4–1006, MCA 

in 2007 regarding establishment, 

management, and use of funds in the 

State’s Abandoned Mine Reclamation 

Account (Account). This new statute 

establishes the State’s Abandoned Mine 

Reclamation Account within the Federal 

special revenue fund under existing 17– 

2–102, MCA. The Federal special 

revenue fund consists of money 

deposited in the State treasury from 

Federal sources, including trust income, 

that is used for operation of the State 

government. This is the appropriate 

place to create an account for managing 

Federal grant funds under SMCRA. The 

applicable sections of 82–4–1006(1) 

through (3), MCA properly identify 

SMCRA AML Program funding sources, 

handling of interest, uses of funds 

including specific lands and waters 

eligible for project funding under the 

AML Program, and allowable 

reclamation activities. The listed 

eligible lands and waters as well as 

reclamation activities are in accordance 

with those allowed for certified States 

under SMCRA Section 411. Creation of 

such an account is required under 

SMCRA Section 401(a), which requires 

States to establish AML accounts for 

grant funds. Montana has fulfilled that 

responsibility by establishing its 

Abandoned Mine Reclamation Account. 

According to 82–4–1006(4), MCA 

money in the Account that is subject to 

restrictions on use pursuant to Federal 

law, regulation, or grant conditions can 

only be used for the established 

purposes of the applicable Federal 

provision. Montana’s Plan as revised 

under this amendment, as well as 

existing applicable statutory AML 

provisions, demonstrate that Montana’s 

AML activities are consistent with 

SMCRA. Montana’s Plan will prioritize 

addressing the impacts of historic 

mining and will comply with all grant 

requirements under 2 CFR part 200, 

Uniform Administrative Requirements, 

Cost Principles, and Audit 

Requirements for Federal Awards. 

However, 82–4–1006(4), MCA ensures 

OSMRE grants, any abandoned mine 

lands grant funding from other Federal 

agencies, and any potential special 

future OSMRE funding received will be 

spent in accordance with applicable 

Federal restrictions. 

Furthermore, 82–4–1006(5), MCA 

provides that unspent and 

unencumbered money must remain in 

the account at the end of the fiscal year 

until spent or appropriated by the State 

legislature. Montana’s certified AML 

grants from OSMRE are typically 

provided on a three-year performance 

period, although this performance 

period can be extended at the State’s 

request. The performance period begins 

when the AML grant agreement is 

signed. If the State does not expend the 

funds during the course of the 

performance period they must return 

the unused funds back to OSMRE. 

However, the State can retain the 

unspent funds to carry over to the next 

year as long as it is within the 

performance period. 

Because Montana’s statutory language 

at 82–4–1006, MCA fulfills a 

requirement for the State to create AML 

accounts for grant funds at SMCRA 

section 401(a), all restrictions on 

handling and use of funds are in 

accordance with requirements for 

certified States under SMCRA section 

411, and all grant funds will be 

managed in accordance with 2 CFR part 

200, we are approving the addition of 

82–4–1006, MCA. 

A. Revisions to Montana’s Certified AML 

Plan 

Montana is repealing and replacing its 

AML Plan with a simplified version that 

is structured similarly to the Federal 

AML Plan content requirements for 

States at 30 CFR 884.13. Documentation 

associated with Montana’s original AML 

Program approval and subsequent Plan 

revisions was included within the 

State’s previous Plan, leading to a 

lengthy and often duplicative document 

that was difficult to navigate. Now, 

Montana has made multiple editorial 

changes for brevity and structural 

alignment with Federal requirements as 

well as updates consistent with the 2006 

changes to SMCRA under the Tax Relief 

and Health Care Act of 2006 (Pub. L. 

109–432) and the associated changes to 

the implementing Federal regulations 

on November 14, 2008 (73 FR 67576), 

and February 5, 2015 (80 FR 6435). In 

order to simplify the Plan, the new 

version omits large and lengthy 

documentation that is now either 

incorporated by reference, is no longer 

applicable to Montana’s AML Program, 

was in duplicate copy, was replaced by 

updated information, or was never 

required to be included in the Plan. All 

changes are discussed below. 

In order to simplify its Plan, Montana 

is removing and referencing Federal 

Register documentation regarding its 

AML Program approval, Program and 

Plan revisions, and certification of 

completion of all known high priority 

coal hazards. Removal and 

incorporation by reference is 

appropriate because these documents 

are not required to be in the State Plan. 

Throughout Montana’s revised Plan, 

applicable State and Federal AML 

statutes and regulations are referenced, 

rather than incorporating the full text of 

those provisions. This approach 

decreases the overall volume of the Plan 

and prevents the need to further revise 

the Plan in the event of future statutory 

or regulatory changes. This change 

neither alters the statutes or regulations 

that apply to Montana nor the State’s 

authority or procedures for 

implementing its certified AML 

Program. 

Montana’s revised Plan includes 

subsections entitled Background on 

Title IV of SMCRA, Background on the 

Montana Plan, and Purpose of the 2019 

Revision. Inclusion of narrative program 

summaries is not required under the 

Federal program. However, it does 

provide background and context for the 

State’s certified AML Plan and does not 

conflict with the established AML Plan 

content requirements at 30 CFR 884.13. 

Montana’s revised Plan includes 

copies of the Governor’s 1977 and 1995 

letters, respectively, initially 

designating the Department of State 

Lands and, then later after an agency 

reorganization, the Department of 

Environmental Quality, as the agency 

authorized to administer the State AML 

Program and to receive and administer 

grants under 30 CFR part 886. Because 

Montana’s AML Program is certified, it 

no longer receives grant funding from 

OSMRE under Part 886, but rather 

receives certified grant funding under 

30 CFR part 885. While the 1977 and 

1995 Governor’s letters should be 

replaced with an updated version 

reflecting the State’s certified grant 

recipient status and that it receives 

funding under 30 CFR part 885, the 

designated State agency remains the 

same as it was prior to certification. 

Montana has incorporated the 

Governor’s letters designating the 

Department of Environmental Quality as 

the agency authorized to administer the 

State AML Program and receive and 

administer grants in its Plan as required 

under 30 CFR 884.13(a)(1). Montana 

may replace these letters with an 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Rules and Regulations 37041 

updated version without resubmitting 

that change to OSMRE as an 

amendment. 

Montana provided an updated June 

26, 2020, legal opinion from the State 

Attorney General indicating that the 

Department of Environmental Quality is 

the designated agency with the 

authority to conduct the AML Program 

in accordance with all requirements of 

SMCRA Title IV. Previous versions of 

this opinion have been removed from 

Montana’s Plan because they are 

superseded by the new opinion. 

Montana has incorporated the Attorney 

General’s letter in its Plan as required 

under 30 CFR 884.13(a)(2). 

Federal regulations at 30 CFR 

884.13(a)(3) require a description of the 

policies and procedures of the State 

agency, including the purposes of the 

State reclamation program. Montana’s 

Plan includes a Policies and Procedures 

section that provides succinct 

descriptions of, and legal citations for, 

the purposes of its AML Program 

consistent with 30 CFR 884.13(a)(3). 

Montana’s revised Plan includes a 

section entitled Ranking and Selection 

that provides appropriate eligibility and 

prioritization criteria for coal and 

noncoal hazards based upon updated 

Federal program requirements, as well 

as the prioritization matrix Montana 

uses to assess and prioritize potential 

project areas for reclamation. This 

section is consistent with the Plan 

content requirements of 30 CFR 

884.13(a)(3)(ii), which requires specific 

criteria, consistent with SMCRA, for 

ranking and identifying projects to be 

funded. 

Montana’s revised Plan includes a 

Limited Liability and Authorization to 

Proceed subsection under its Ranking 

and Selection section that indicates the 

State will comply with all applicable 

requirements to extend Limited Liability 

protections under SMCRA Section 

405(l) to both coal and noncoal projects. 

Reclamation projects will not be 

undertaken without first receiving an 

Authorization to Proceed from OSMRE. 

This is in accordance with SMCRA 

405(l) and consistent with 30 CFR 

874.15 and 875.19, Limited Liability, 

which now provide limited liability 

coverage to certified State coal and 

noncoal reclamation activities, unless 

the costs or damages were the result of 

gross negligence or intentional 

misconduct. 

Montana’s revised Plan includes a 

section entitled Coordination With 

Other Programs that indicates the State 

will coordinate with other agencies and 

offices including the Natural Resources 

Conservation Service within the 

Department of Agriculture (formerly 

known as the Soil Conservation 

Service), Indian Tribes, and OSMRE as 

required, as well as multiple other State 

and Federal entities. By indicating it 

will coordinate and work with all 

required agencies, as well as additional 

agencies applicable in the State, 

Montana’s proposed section is 

consistent with the requirements of 30 

CFR 884.13(a)(3)(iii). 

To describe how land will be 

acquired, managed, and disposed of, 

Montana’s Plan includes a section 

entitled Land Acquisition, Management 

and Disposal that incorporates all 

applicable State and Federal statutory 

sections by reference. This ensures 

activity will occur in accordance with 

established State and Federal AML 

Program requirements. Therefore, 

Montana’s Plan includes the State’s 

policies and procedures for land 

acquisition, management, and 

disposition consistent with the 

requirements of 30 CFR 884.13(a)(3)(iv). 

Montana’s revised Plan includes a 

section entitled Reclamation on Private 

Land and Rights of Entry that indicates 

the State will follow guidelines in 

SMCRA Section 407, 30 CFR part 882, 

and the provisions in 82–4–1006, –239, 

–371, and –445, MCA regarding 

reclamation work on private land. The 

reference to SMCRA Section 407 is 

incorrect and OSMRE advised Montana 

that the reference should be to Section 

408, Liens. Montana intends to correct 

this reference in its Plan and does not 

need to resubmit that change to OSMRE 

as an amendment. Montana also 

specifies that consent for entry will be 

obtained before entering private land, 

but if consent is denied procedures 

outlined in 30 CFR part 877 and 82–4– 

239, –371, and –445, MCA will be 

followed. With the corrected citation, 

this section of Montana’s Plan 

accurately provides the State’s policies 

and procedures for reclamation on 

private lands and right of entry and is 

therefore consistent with the Plan 

content requirements of 30 CFR 

884.13(a)(3)(v) and (vi). 

Montana’s revised Plan includes a 

section entitled Public Participation that 

indicates which State and Federal laws 

it will comply with pertaining to public 

participation, notice, and comment 

procedures for AML project activities 

and in other actions such as 

development of the AML Plan. Because 

Montana’s proposed section provides 

the procedures and processes it will 

follow to ensure public participation 

and involvement in the State 

reclamation program and in preparation 

of the State reclamation Plan, this 

section is consistent with 30 CFR 

884.13(a)(3)(vii). 

As discussed above, Montana’s 

revised Plan includes sections 

responding to the requirements of 30 

CFR 884.13(a)(3)(i) through (vii). These 

sections provide updated descriptions 

of the State’s policies and procedures 

for conducting its AML Program 

including: The purposes of the Program; 

specific criteria for ranking and 

identifying projects to be funded; 

coordination of reclamation work 

between the State and all applicable 

State and Federal agencies; land 

acquisition; reclamation on private land; 

right of entry; and public involvement 

in the State reclamation program. These 

sections are simplified from previous 

versions of the Plan to eliminate 

unnecessary volume. Montana’s revised 

Plan is consistent with the AML Plan 

content requirements of 30 CFR 

884.13(a)(3). 

Federal regulations at 30 CFR 

884.13(a)(4)(i) require a description of 

the designated agency’s organization 

and relationship to other State entities 

that may participate in or augment the 

State’s AML reclamation abilities. 

Montana’s Plan includes a section 

entitled Policies and Procedures, 

Department Structure, that provides 

these descriptions as well as an 

organizational chart depicting the entire 

Division of Environmental Quality and 

the AML Program’s place within it. 

Federal regulations at 30 CFR 

884.13(a)(4)(ii) require a description of 

the personnel staffing policies that will 

govern assignments within the AML 

Program. Montana’s revised Plan 

includes a section entitled Staffing and 

Personnel Policies that references 

applicable personnel and procurement 

policies such as the Age Discrimination 

Act of 1975 and the Civil Rights Act of 

1964 rather than incorporating full text 

versions of these documents, which 

were included in the previous version of 

Montana’s Plan. This change does not 

alter Montana’s personnel or 

procurement procedures but decreases 

the overall volume of the Plan while 

still providing the information required 

under 30 CFR 884.13(a)(4)(ii). 

Federal regulations at 30 CFR 

884.13(a)(4)(iii) require State purchasing 

and procurement systems to meet the 

requirements of Office of Management 

and Budget Circular A–102, Attachment 

0, relating to ‘‘Grants and Cooperative 

Agreements with State and Local 

Governments’’. Federal grantmaking 

agencies were previously required to 

issue a grants management common rule 

to adopt governmentwide terms and 

conditions for grants to States and local 

governments. As a result, the 

attachments to Circular A–102, 

including Attachment 0 referenced in 30 


lotter on DSK11XQN23PROD with RULES1
37042 Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Rules and Regulations 

CFR 884.13(a)(4)(iii), have been 

replaced by the grants management 

common rule at 2 CFR part 200. The 

Federal regulations have not yet been 

updated to reflect this change; however, 

it is reflected in the State’s revised Plan 

under the section entitled Purchasing 

and Procurement, which indicates its 

purchasing and procurement policies 

are consistent with 2 CFR part 200. This 

section provides descriptions of 

purchasing and procurement systems 

consistent with the requirements of 30 

CFR 884.13(a)(4)(iii). 

Montana’s revised Plan includes a 

Contractor Eligibility subsection under 

the Purchasing and Procurement section 

that indicates the State will comply 

with SMCRA section 510(c) and 30 CFR 

875.20 in determining the eligibility of 

bidders on AML Program contracts 

through the Applicant Violator System 

(AVS). By referencing the applicable 

Federal statute and regulation, 

Montana’s revised Plan incorporates all 

applicable contractor eligibility 

requirements and is therefore consistent 

with the Federal program at SMCRA 

section 510(c) and 30 CFR 875.20. 

Federal regulations at 30 CFR 

884.13(a)(4)(iv) require a description of 

the accounting system to be used by the 

agency including specific procedures for 

operation of the AML Fund. Montana’s 

new Plan includes a section entitled 

Accounting System that describes the 

Statewide Accounting, Budgeting and 

Human Resources System, how it 

conforms to 2 CFR part 200, that funds 

are safeguarded and accounted for, how 

audits will be conducted and audit 

recommendations implemented, and 

programmatic and financial reports will 

be made to OSMRE as required. 

As discussed above, Montana’s 

revised Plan includes four sections 

providing revised descriptions of the 

State’s administrative and management 

structure: Department Structure; 

Staffing and Personnel Policies; 

Purchasing and Procurement; and 

Accounting System. By providing all 

required descriptions of the 

administrative and management 

structure of the State AML agency, 

Montana’s revised Plan is consistent 

with all AML Plan content requirements 

under 30 CFR 884.13(a)(4). 

Montana’s revised Plan includes 

sections entitled Description of 

Reclamation Activities, Montana AML 

Problems, and Plan to Address Problems 

that provide general descriptions 

derived from available data of the 

reclamation activities to be conducted 

under the State Plan including: A map 

showing the general location of known 

or suspected eligible lands and waters; 

a description of the problems occurring 

on those lands and waters; and how the 

Plan proposes to address each of the 

problems. Because Montana is certified, 

the State has already completed all 

known high priority coal hazards. The 

revised maps and information reflect the 

State’s certified status, identifying 

historic mining areas where AML 

hazards may occur, as well as general 

AML hazard types and abatement 

strategies without identifying specific 

project areas. Individual project 

approval and funding are appropriately 

handled through the Authorization to 

Proceed process under 30 CFR 

885.16(e). Montana’s revised Plan 

sections entitled Description of 

Reclamation Activities, Montana AML 

Problems and Plan to Address Problems 

are consistent with the AML Plan 

content requirements of 30 CFR 

884.13(a)(5) in providing general 

descriptions of reclamation activities to 

be conducted including maps, 

descriptions of AML problems, and 

descriptions of hazard abatement 

strategies. 

Montana’s revised Plan includes 

sections entitled: Geographic Areas of 

Montana; Montana Economic Base; 

Significant Esthetic, Historic or 

Cultural, and Recreational Values; and 

Endangered and Threatened Plant, Fish, 

and Wildlife Habitat that provide 

general descriptions on each subject 

derived from available data on the 

conditions prevailing in the areas of the 

state where reclamation may occur. 

Montana has reduced the volume of 

these sections by omitting unnecessary 

documentation that was included in the 

previous version of its Plan such as 

detailed demographic information, 

projected population growth rates, 

graphics and charts depicting different 

population and employment 

parameters, and a map depicting the 

general topographic regions of the state. 

The omitted items were outdated and 

not required to be in the Plan. 

Montana’s revised Plan provides 

descriptions of the prevailing conditions 

in the State where reclamation may 

occur consistent with the requirements 

of 30 CFR 884.13(a)(6). 

Montana’s revised Plan includes a 

section entitled Additional Requirement 

for Certified States and Indian Tribes 

that provides a commitment to address 

all eligible coal problems found or 

occurring after certification as required 

under 30 CFR 875.13(a)(3) and 

875.14(b). Montana indicates it will 

prioritize coal hazards over noncoal 

hazards unless a noncoal hazard site 

imminently threatens human health or 

the environment, in which case, the 

State will assess the need for taking 

appropriate action in consultation with 

OSMRE. By committing to give priority 

to addressing eligible coal problems 

found or occurring after certification as 

required in 30 CFR 875.13(a)(3) and 

875.14(b), Montana’s revised Plan is 

consistent with the AML Plan content 

requirements of 30 CFR 884.13(b). 

Thus, we find that Montana’s Plan, as 

amended, meets all content 

requirements stipulated under 30 CFR 

884.13 while also updating the Plan 

consistently with changes made to the 

Federal program in 2006, 2008, and 

2015. Montana’s revised Plan, therefore, 

meets the requirements of OSMRE’s 

March 6, 2019 letter, and we approve it. 

B. Sections Removed From the Montana 

Plan 

To simplify its revised Plan, Montana 

removed and did not replace 

extraneous, duplicate, and outdated 

documentation from the repealed 

version. A brief discussion of major 

sections no longer included in 

Montana’s Plan is as follows: 

Montana has removed its outdated 

AML hazard inventory, project 

planning, and estimated cost 

information. As a certified State, all 

high priority coal hazards have now 

been abated and such detailed project 

planning is neither possible nor 

required to be incorporated in 

Montana’s Plan. Proposed projects are 

now appropriately identified by the 

State and approved by OSMRE through 

the Authorization to Proceed processes 

under 30 CFR 885.16(e). 

Montana has removed the full text of 

several statutory and regulatory 

provisions from its Plan. As noted in the 

section above, many statutes and 

regulations are now incorporated by 

reference rather than copied in the Plan. 

However, some are removed and not 

referenced or replaced in the Plan. This 

action neither alters any existing 

statutes or regulations, which will 

continue to apply with full force and 

effect, nor does it alter which statutes or 

regulations apply to Montana’s certified 

AML Program. Removals include: State 

statutes establishing the Board of 

Environmental Review; rules pertaining 

to equal opportunity, handicapped 

person’s preference, and purchasing; 

and Americans With Disabilities Act 

implementation plans. Similarly, 

Montana has removed some Federal 

regulation language, including previous 

versions of 30 CFR 884.13 through 

884.15 and 30 CFR 926.21, from its 

Plan. This State and Federal language 

was never required to be incorporated in 

the State Plan. As such, removal is 

appropriate. 

Montana removed historic records 

related to approval and revision of its 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Rules and Regulations 37043 

AML Program such as transmittal 

memos, records of public meetings, and 

discussion records between the State 

and OSMRE. Appendix A to the Plan 

includes a chronological list of 

significant Montana AML Program 

historical events. The removed 

historical documents are not required to 

be included in the State Plan and 

removal is therefore appropriate. 

Montana has removed sections 

entitled The New Interim Bond 

Forfeiture Projects Initiative and The 

New Bankrupt Surety Bond Forfeiture 

Projects Initiative. To qualify for 

reclamation under these programs, sites 

must have been mined for coal or 

affected by coal mining processes and 

the site left in either an un-reclaimed or 

inadequately reclaimed condition (1) 

between August 4, 1977, and April 1, 

1980 (the date on which the Secretary 

of the Interior approved Montana’s 

regulatory program pursuant to Section 

503 of SMCRA), and any funds pursuant 

to a bond or other financial guarantee or 

from any other source that would be 

available for reclamation and abatement 

were not sufficient to provide for 

adequate reclamation or abatement at 

the site, or (2) between August 4, 1977, 

and November 5, 1990, and the surety 

of the mining operator became insolvent 

during such period, and as of November 

5, 1990, funds immediately available 

from proceedings relating to such 

insolvency or from any financial 

guarantee or other source were not 

sufficient to provide for adequate 

reclamation or abatement of the site. In 

addition, to qualify for reclamation or 

abatement funding under the initiatives 

cited above, such sites must have been 

either Priority 1 or 2 sites pursuant to 

section 403(a)(1) and (2) of SMCRA. 

Because more than 30 years have passed 

since any site could qualify for 

reclamation under these requirements, 

this part is no longer relevant to the 

Montana Program. As such, removal of 

the sections related to these initiatives 

is appropriate. 

Montana is repealing and not 

replacing its Plan section entitled The 

Grant Set Aside for Future Priority I–III 

Coal, and AMD Abatement/Treatment 

Program Initiative because it no longer 

applies to the Montana Program. The 

State retains its Trust Fund for future 

expenditures on abandoned mine 

reclamation (coal or noncoal) and its 

OSMRE Trust (coal only). No new grant 

funds are placed in these accounts and 

interest earned is considered State funds 

in accordance with 30 CFR 873.12. 

Montana also has an approved interestbearing account earmarked for the 

operation and maintenance of the Belt 

Water Treatment Plant authorized via 

letter from OSMRE dated July 21, 2010. 

However, this is not a set-aside account 

under SMCRA section 402(g)(6) and was 

properly funded using Prior Balance 

Replacement and Certified in Lieu 

Funds. Although Montana is removing 

this section from its Plan, its historically 

approved and created accounts remain 

in existence and are properly 

administered through the State’s normal 

operations and overseen by OSMRE 

through routine oversight and grant 

monitoring processes. 

Montana is removing its Emergency 

Reclamation Responsibility section 

previously approved under SMCRA 

sections 401(c)(5) and 410 and 30 CFR 

877.14, and 30 CFR part 879. This 

program only applied to emergency coal 

hazards and is no longer applicable or 

necessary under Montana’s certified 

AML Program. 

All content removal support 

Montana’s goals of streamlining and 

updating its Plan consistently with 

updated Federal requirements as 

required by OSMRE though its March 6, 

2019 letter sent under the authority of 

30 CFR 884.15. We therefore approve 

these changes. 

IV. Summary and Disposition of 

Comments 

Public Comments 

We asked for public comments on the 

amendment, but none were received. 

Federal Agency Comments 

Pursuant to 30 CFR 884.15(a) and 

884.14(a)(2), OSMRE solicited 

comments on the proposed amendment 

from various Federal agencies with an 

actual or potential interest in the 

Montana Plan on October 14, 2020 

(Administrative Record No. OSM–2020– 

0004–0004). We did not receive any 

comments. 

Environmental Protection Agency (EPA) 

Concurrence and Comments 

OSMRE solicited EPA’s comments on 

the proposed amendment 

(Administrative Record No. OSM–2020– 

0004–0004). The EPA did not respond 

to our request. 

State Historical Preservation Officer 

(SHPO) and the Advisory Council on 

Historic Preservation (ACHP) 

OSMRE solicited comments on the 

proposed amendment from the SHPO 

(Administrative Record No. OSM–2020– 

0004–0004) and the ACHP 

(Administrative Record No. OSM–2020– 

0004–0005). SHPO did not respond to 

our request. By email dated December 4, 

2020 (Administrative Record No. OSM– 

2020–0004–0006), ACHP indicated its 

belief that the revised Plan did not have 

any involvement with OSMRE’s 

National Historic Preservation Act 

(NHPA) Section 106 review process in 

Montana, and therefore ACHP does not 

have any comments on this Plan. 

OSMRE agrees with ACHP’s assessment 

that the revised Plan does not alter 

OSMRE’s NHPA Section 106 review 

process in Montana. 

V. OSMRE’s Decision 

Based on the above findings, we are 

approving Montana’s AML Plan 

amendment that was submitted on 

August 4, 2020. 

To implement this decision, we are 

amending the Federal regulations, at 30 

CFR part 926, which codify decisions 

concerning the Montana Plan. In 

accordance with the Administrative 

Procedure Act, this rule will take effect 

30 days after the date of publication. 

Generally, SMCRA requires that each 

State with an AML program must have 

an approved State regulatory program 

pursuant to section 503 of the Act. 

Section 503(a) of the Act 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. SMCRA requires consistency 

of State and Federal standards. 

VI. Procedural Determinations 

Executive Order 12630—Governmental 

Actions and Interference With 

Constitutionally Protected Property 

Rights 

This rule would not affect a taking of 

private property or otherwise have 

taking implications that would result in 

private property being taken for 

government use without just 

compensation under the law. Therefore, 

a takings implication assessment is not 

required. This determination is based on 

an analysis of the corresponding Federal 

regulations. 

Executive Orders 12866—Regulatory 

Planning and Review and 13563— 

Improving Regulation and Regulatory 

Review 

Executive Order 12866 provides that 

the Office of Information and Regulatory 

Affairs in the Office of Management and 

Budget (OMB) will review all significant 

rules. Pursuant to OMB guidance, dated 

October 12, 1993, the approval of State 

program amendments is exempted from 

OMB review under Executive Order 

12866. Executive Order 13563, which 

reaffirms and supplements Executive 

Order 12866, retains this exemption. 

Executive Order 12988—Civil Justice 

Reform 

The Department of the Interior has 

reviewed this rule as required by 


lotter on DSK11XQN23PROD with RULES1
37044 Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Rules and Regulations 

Section 3(a) of Executive Order 12988. 

The Department has determined that 

this Federal Register document meets 

the criteria of Section 3 of Executive 

Order 12988, which is intended to 

ensure that the agency review its 

legislation and regulations to minimize 

litigation; and that the agency’s 

legislation and regulations provide a 

clear legal standard for affected conduct, 

rather than a general standard, and 

promote simplification and burden 

reduction. Because section 3 focuses on 

the quality of Federal legislation and 

regulations, the Department limited its 

review under this Executive Order to 

the quality of this Federal Register 

document and to changes to the Federal 

regulations. The review under this 

Executive Order did not extend to the 

language of the Montana Plan or to the 

Plan amendment that the State of 

Montana submitted. 

Executive Order 13132—Federalism 

This rule is not a ‘‘[p]olicy that [has] 

Federalism implications’’ as defined by 

section 1(a) of Executive Order 13132 

because it does 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.’’ Instead, this rule 

approves an amendment to the Montana 

Plan submitted and drafted by that 

State. OSMRE reviewed the submission 

with fundamental federalism principles 

in mind as set forth in sections 2 and 

3 of the Executive order and with the 

principles of cooperative federalism as 

set forth in SMCRA. See, e.g., 30 U.S.C. 

1201(f). As such, pursuant to section 

503(a)(1) and (7) (30 U.S.C. 1253(a)(1) 

and (7)), OSMRE reviewed Montana’s 

amendment to ensure that it is ‘‘in 

accordance with’’ the requirements of 

SMCRA and ‘‘consistent with’’ the 

regulations issued by the Secretary 

pursuant to SMCRA. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

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 and under the criteria in 

Executive Order 13175 and have 

determined that it has no substantial 

direct effects on federally recognized 

Tribes or on the distribution of power 

and responsibilities between the Federal 

government and Tribes. Therefore, 

consultation under the Department’s 

tribal consultation policy is not 

required. The basis for this 

determination is that our decision is on 

the Montana program that does not 

include Tribal lands or regulation of 

activities on Tribal lands. Tribal lands 

are regulated independently under the 

applicable, approved Federal program. 

Executive Order 13211—Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Executive Order 13211 requires 

agencies to prepare a Statement of 

Energy Effects for a rulemaking 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 

significant energy action under the 

definition in Executive Order 13211, a 

Statement of Energy Effects is not 

required. 

National Environmental Policy Act 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. We 

are not required to provide a detailed 

statement under the National 

Environmental Policy Act of 1969 

(NEPA) because this rule qualifies for a 

categorical exclusion under the U.S. 

Department of the Interior Departmental 

Manual, part 516, section 13.5(B)(29). 

National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act (15 U.S.C. 3701 et seq.) directs 

OSMRE to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. OMB Circular A–119 at p. 

14. This action is not subject to the 

requirements of section 12(d) of the 

NTTAA because application of those 

requirements would be inconsistent 

with SMCRA. 

Paperwork Reduction Act 

This rule does not include requests 

and requirements of an individual, 

partnership, or corporation to obtain 

information and report it to a Federal 

agency. As this rule does not contain 

information collection requirements, a 

submission to the Office of Management 

and Budget under the Paperwork 

Reduction Act (44 U.S.C. 3501 et seq.) 

is not required. 

Regulatory Flexibility Act 

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 

corresponding 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 

corresponding 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 on an analysis of 

the corresponding Federal regulations, 

which were determined not to 

constitute a major rule. 

Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

Tribal governments, or the private sector 

of more than $100 million per year. The 

rule does not have a significant or 

unique effect on State, local, or Tribal 

governments or the private sector. This 

determination is based on an analysis of 

the corresponding Federal regulations, 

which were determined not to impose 

an unfunded mandate. Therefore, a 

statement containing the information 

required by the Unfunded Mandates 

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

required. 

List of Subjects in 30 CFR Part 926 

Intergovernmental relations, Surface 

mining, Underground mining. 

David A. Berry, 

Regional Director, Interior Unified Regions 

5, 7–11. 

For the reasons set out in the 

preamble, 30 CFR part 926 is amended 

as set forth below: 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Rules and Regulations 37045 

PART 926—MONTANA 

■ 1. The authority citation for part 926 

continues to read as follows: 

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

■ 2. Section 926.25 is amended in the 

table by adding an entry in 

chronological order by ‘‘Date of final 

publication’’ to read as follows: 

§ 926.25 Approval of Montana abandoned 

mine land reclamation plan amendments. 

* * * * * 

Original 

amendment 

submission date 

Date of final 

publication Citation/description 

*******

August 4, 2020 ..................... July 14, 2021 ...................... Repeal and replace Certified AML Plan in response to OSMRE 884 Letter and 

State initiative streamlining of Plan. Updates Plan to be consistent with changes 

to Federal program and extends limited liability protection for certain coal and 

noncoal reclamation projects. 

Addition of 82–4–1006, MCA. 

[FR Doc. 2021–14766 Filed 7–13–21; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2021–0029] 

RIN 1625–AA08 

Special Local Regulations; Mystic 

Sharkfest Swim, Mystic River, Mystic, 

CT 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard will issue 

special local regulations for an annual 

Mystic Sharkfest Swim event on the 

Mystic River. This rule is intended to 

ensure the protection of the maritime 

public and event participants from the 

hazards associated with this marine 

event. Once enforced, these special local 

regulations would restrict vessels from 

transiting the regulated area during this 

annually recurring event. 

DATES: This rule is effective without 

actual notice July 14, 2021. For the 

purposes of enforcement, actual notice 

will be used from July 18, 2021 until 

July 14, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0029 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Marine Science Technician 1st 

Class Chris Gibson, Waterways 

Management Division, Sector Long 

Island Sound; Tel: (203) 468–4565; 

Email: chris.a.gibson@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Long Island 

Sound 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On April 13, 2021, the Coast Guard 

published a notice of proposed 

rulemaking (NPRM) titled Special Local 

Regulations; Mystic Sharkfest Swim, 

Mystic River, Mystic, CT (86 FR 19169). 

There we stated why we issued the 

NPRM, and invited comments on our 

proposed regulatory action related to 

this fireworks display. During the 

comment period that ended May 13, 

2021, we received 0 comments. 

The Captain of the Port Long Island 

Sound (COTP) will amend Table 1 of 33 

CFR 100.100 Special Local Regulations; 

Regattas and Boat Races in the Coast 

Guard Sector Long Island Sound 

Captain of the Port Zone because adding 

this single reaccuring event will 

considerably reduce administrative 

overhead and provide the public with 

notice through publication in the 

Federal Register of the upcoming 

recurring special local regualtion. 

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 this annual recurring 

event will be a safety concern for 

anyone within the area where the 

special local regulations will 

commence. The purpose of this rule is 

to ensure safety of vessels and the 

navigable waters in the safety zone 

before, during, and after the scheduled 

event. 

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 wold be impracticable and 

contrary to the public interest because 

the special local regulation must be 

established for the swim event on July 

18, 2021 to mitigate the potential safety 

hazards. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published 

April 13, 2021. There are no changes in 

the regulatory text of this rule from the 

proposed rule in the NPRM. 

This rule establishes special local 

regulations for the annual Mystic 

Sharkfest Swim event by adding this 

event to Table 1 to 33 CFR 100.100. The 

event will occur on a day in July at a 

time to be determined each year. The 

regulated area will encompass all waters 

of the Mystic River in Mystic, CT from 

Mystic Seaport, down the Mystic River, 

under the Bascule Drawbridge, to the 

boat launch ramp at the north end of 

Seaport Marine. Once enforced on the 

one day in July each year, these special 

local regulations would restrict vessels 

from transiting the regulated area. The 

specific description of this regulation 

appears at the end of this document. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 


lotter on DSK11XQN23PROD with RULES1