Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Rules and Regulations 44313 

History 

On March 23, 2017, the FAA 

published in the Federal Register (82 

FR 14839) Docket FAA–2016–9588 a 

notice of proposed rulemaking to 

modify Class E airspace extending 

upward from 700 feet above the surface 

at Soldotna Airport, Soldotna, AK. 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received to the proposed rule. 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order 7400.11B, dated August 3, 2017, 

and effective September 15, 2017, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in the Order. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document amends FAA Order 

7400.11B, Airspace Designations and 

Reporting Points, dated August 3, 2017, 

and effective September 15, 2017. FAA 

Order 7400.11B is publicly available as 

listed in the ADDRESSES section of this 

document. FAA Order 7400.11B lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Rule 

This amendment to Title 14 Code of 

Federal Regulations (14 CFR) part 71 

modifies Class E airspace extending 

upward from 700 feet above the surface 

at Soldotna Airport, Soldotna, AK. The 

segment extending from the 10.1-mile 

radius of the airport within 4 miles 

either side of the 270° bearing of the 

Soldotna NDB is revised from 4 miles to 

2.4 miles with the reference to the NDB 

changed to the Soldotna Airport. 

The segment extending from the 10.1- 

mile radius to 21 miles west of Soldotna 

Airport is modified to 11 miles west of 

the airport. 

The segment within 4 miles south of 

the 090° bearing of Soldotna Airport is 

revised to 3.5 miles. This action is 

necessary because the airspace as 

previously configured exceeded the 

minimum size required for current 

arrivals and departures. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

Regulatory Evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.11B, 

Airspace Designations and Reporting 

Points, dated August 3, 2017, and 

effective September 15, 2017, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

AAL AK E5 Soldotna, AK [Modified] 

Soldotna, Soldotna Airport, AK 

(Lat. 60°28′31′′ N., long. 151°02′23′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 10.1-mile 

radius of the Soldotna Airport and within 2.4 

miles either side of the 270° bearing of 

Soldotna Airport, extending from the 10.1- 

mile radius to 11 miles west of the airport, 

and within 3.5 miles either side of the 090° 

bearing of Soldotna Airport, AK, extending 

from the 10.1-mile radius to 14.3 miles east 

of the airport; and that airspace extending 

upward from 1,200 feet above the surface 

within a 73-mile radius of Soldotna Airport. 

Issued in Seattle, Washington, on 

September 14, 2017. 

B.G. Chew, 

Acting Group Manager, Operations Support 

Group, Western Service Center. 

[FR Doc. 2017–20042 Filed 9–21–17; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 914 

[SATS No. IN–164–FOR; Docket ID: OSM– 

2016–0004; S1D1S SS08011000 SX064A000 

178S180110; S2D2S SS08011000 

SX064A000 17XS501520] 

Indiana 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 Indiana Abandoned Mine Land 

Reclamation (AML) Plan (Indiana Plan) 

under the Surface Mining Control and 

Reclamation Act of 1977 (SMCRA or the 

Act). Updates to the Indiana Plan were 

proposed to be consistent with changes 

required by the 2006 amendment to 

SMCRA. 

DATES: Effective October 23, 2017. 

FOR FURTHER INFORMATION CONTACT: Len 

V. Meier, Chief, Alton Field Division, 

Office of Surface Mining Reclamation 

and Enforcement, 501 Belle Street, Suite 

216, Alton, IL 62002–6169. Telephone: 

(618) 463–6463. Email: lmeier@

osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Indiana 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 Indiana Plan 

The Abandoned Mine Land 

Reclamation Program (AML) was 

established by Title IV of the Act, in 

response to concerns over extensive 

environmental damage caused by past 

coal mining activities. The program is 

44314 Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Rules and Regulations 

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. You can find background 

information on the Indiana Plan, 

including the Secretary’s findings, the 

disposition of comments, and the 

approval of the Plan in the July 26, 

1982, Federal Register (47 FR 32108). 

You can find later actions concerning 

the Indiana Plan and amendments to the 

Indiana Plan at 30 CFR 914.20 and 

914.25. 

II. Description of the Proposed 

Amendment 

By letter dated March 14, 2016 

(Administrative Record No. IN–1773), 

Indiana sent OSMRE an amendment to 

the Indiana Plan at its own initiative. 

On July 14, 2016, we announced 

receipt of the proposed amendment in 

the Federal Register (81 FR 45425). In 

the same document, we opened the 

public comment period and provided an 

opportunity for a public hearing or 

meeting on the adequacy of the 

amendment. We did not hold a public 

hearing or meeting because no one 

requested one. The public comment 

period ended on August 15, 2016. We 

did not receive any public comments. 

III. OSMRE’s Findings 

We are approving the amendment as 

described below. The following are the 

findings we made concerning Indiana’s 

amendment under SMCRA and the 

Federal regulations at 30 CFR 884.14 

and 884.15. Any revisions that we do 

not specifically discuss below 

concerning non-substantive wording or 

editorial changes can be found in the 

full text of the Plan amendment 

available at www.regulations.gov. 

Indiana Plan 

1. Letter of Designation From the 

Governor [30 CFR 884.13(a)(1)] 

Indiana resubmitted a 1981 letter from 

the Governor designating the Indiana 

Department of Natural Resources 

(Indiana DNR) as the agency responsible 

for the abandoned mine lands 

reclamation program in the state of 

Indiana. This letter was submitted and 

approved as part of the original 

proposed Indiana Plan and is consistent 

with the Federal requirements of 30 CFR 

884.13(a)(1). 

2. Legal Opinion [30 CFR 884.13(a)(2)] 

Indiana resubmitted a 1981 legal 

opinion from the Attorney General of 

Indiana authorizing the Indiana DNR, 

under the legal authority of the Indiana 

Code, to conduct its reclamation 

program in accordance with the 

requirements of Title IV of the Act. This 

legal opinion was submitted and 

approved as part of the original 

proposed Indiana Plan and is consistent 

with the Federal requirements of 30 CFR 

884.13(a)(2). 

3. Goals and Objectives [30 CFR 

884.13(a)(3)(i)] 

Part 884.13(c)(1) of the Indiana Plan, 

states that the goal of its AML program 

is to address the adverse effects of past 

coal mining conducted prior to August 

3, 1977, which impact public health, 

safety, or general welfare, and cause 

environmental degradation. The stated 

objectives of the AML program are to 

identify and prioritize these adverse 

impacts, provide planning procedures, 

and ensure their ultimate reclamation. 

Indiana also stated that, although the 

primary purpose of the program is the 

reclamation of coal mine lands, any 

non-coal AML issues will be dealt with 

in accordance with OSMRE policies. 

Indiana DNR sets aside a percentage of 

each year’s allocation of AML funds into 

separate funds for both the restoration of 

eligible lands and waters and for the 

abatement of the causes and treatment 

of the effects of acid mine drainage. 

Both funds are used in accordance with 

the requirements and priorities of 

SMCRA. These program goals and 

objectives are consistent with the 

Federal requirements of 30 CFR 

884.13(a)(3)(i). Therefore, we are 

approving their inclusion. 

4. Reclamation Project Ranking and 

Selection Procedures [30 CFR 

884.13(a)(3)(ii)] 

Part 884.13(c)(2) of the Indiana Plan, 

describes the priority system and the 

specific criteria for identifying and 

ranking all sites eligible for reclamation 

under Title IV of the Act. Examples of 

eligible site problems include: Open and 

unprotected mine entries; water filled, 

or partially filled shafts; dangerous 

highwalls and other steep 

embankments; hazardous mine 

structures; underground mine 

subsidence; trash dumps; water bodies 

impaired by coal mine drainage; coal 

refuse areas; spoil areas; and any other 

mine related danger. The sites given 

highest priority are those exhibiting 

extreme danger of adverse effects of coal 

mining practices. The sites given the 

second highest priority are those 

adversely impacting public health and 

safety. The sites given third priority are 

those which cause the environmental 

degradation of soil, water, air quality, 

woodlands, fish and wildlife, 

recreational resources, and agricultural 

productivity. Indiana also describes 

Indiana DNR’s data acquisition 

procedures in determining site 

eligibility, which include the review of 

past mining records, surveys, field 

investigations, and public input. 

Indiana explains that site priority will 

be determined for all eligible sites, 

regardless of resource recovery 

potential, and that any resource 

recovery will be undertaken in 

accordance with Federal rules. Any 

remined sites will remain eligible for 

AML reclamation. Part 884.13(e)(1)(2) of 

the Indiana Plan, includes a list of 

documents and data sources concerning 

known or suspected eligible lands and 

waters within the state of Indiana. These 

descriptions are consistent with the 

Federal requirements of 30 CFR 

884.13(a)(3)(ii). Therefore, we are 

approving their inclusion. 

5. Coordination With Other Programs 

[30 CFR 884.13(a)(3)(iii)] 

Part 884.13(c)(3) of the Indiana Plan 

describes Indiana DNR’s coordination 

with other agencies. Indiana DNR 

coordinates with the Sycamore Trails 

Resource Conservation & Development 

Group, a non-profit organization that 

maintains its own AML program. The 

two programs share information via a 

liaison and an Abandoned Mine Land 

Inventory System database, which lists 

sites identified by personnel from both 

programs. Eligibility of these potential 

sites for the expenditure of AML funds 

is determined by committee review. 

Additional coordination with local 

tribes is not necessary because there are 

no known Indian lands within the 

Indiana Coal Region. Indiana also 

describes the purpose of its AML 

Emergency Program, which is to 

stabilize the emergency aspects of an 

AML problem by eliminating the 

immediate danger to public health, 

safety, or general welfare. The AML 

Emergency Program is discussed further 

in Section 8, ‘‘Rights of Entry.’’ This 

description of agency coordination is 

consistent with the Federal 

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

Therefore, we are approving its 

inclusion. 

6. Land Acquisition, Management, and 

Disposal [30 CFR 884.13(a)(3)(iv)] 

Part 884.13(c)(4) of the Indiana Plan 

describes its policies and procedures 

Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Rules and Regulations 44315 

regarding land acquisition, 

management, and disposal. Under the 

Indiana Plan, all lands that have been 

adversely affected by coal mining 

activity are eligible for acquisition, if 

deemed necessary. These acquisition, 

management, and disposition policies 

and procedures are consistent with the 

Federal requirements of 30 CFR 

884.13(a)(3)(iv). Therefore, we are 

approving their inclusion. 

7. Reclamation of Private Land [30 CFR 

884.13(a)(3)(v)] 

Part 884.13(c)(5) of the Indiana Plan 

describes Indiana’s policies and 

procedures for reclamation on private 

land. Under the Indiana Plan, the 

Indiana DNR has the authority to place 

or waive a lien against private property 

if the owner has consented to, 

participated in, or exercised control 

over the mining operation, and if 

reclamation will result in a significant 

increase in property value. If an initial 

evaluation suggests an increase in 

property value of $25,000 or more, the 

land appraisal may be conducted by an 

independent appraiser. These policies 

and procedures are consistent with the 

Federal requirements of 30 CFR 

884.13(a)(3)(v). Therefore, we are 

approving their inclusion. 

8. Rights of Entry [30 CFR 

884.13(a)(3)(vi)] 

Part 884.13(c)(6) and Part 884.13(c)(3) 

of the Indiana Plan states its policies 

and procedures regarding rights of entry 

to lands or property. Indiana DNR will 

take all reasonable actions to obtain 

advanced written consent from the 

property owner for the purposes of 

reclamation. In the event that 

permission cannot be obtained on 

property where reclamation is needed 

and there is an immediate danger to 

public health, safety, or general welfare, 

police power entry is authorized under 

the AML Emergency Program. If police 

power entry is necessary, a written 

notice shall be mailed to the property 

owner at least 30 days prior to entry. If 

the property owner’s address is not 

known, the notice shall be posted on the 

property and advertised in the 

newspaper. These policies and 

procedures are consistent with the 

Federal requirements of 30 CFR 

884.13(a)(3)(vi). Therefore, we are 

approving their inclusion. 

9. Public Participation Policies [30 CFR 

884.13(a)(3)(vii)] 

Part 884.13(c)(7) of the Indiana Plan, 

describes its public participation 

policies in the development and 

operation of the Indiana Plan. Indiana 

DNR encourages the public to contact 

their office with any questions or 

concerns regarding mining related 

problems or the AML program. For 

future projects, Indiana DNR distributes 

informational letters to Federal, State, 

and local elected officials, and 

publishes public notices to news outlets 

within the county where the proposed 

activity is located. If sufficient public 

response is received, DNR will offer 

public meetings to provide information 

on proposed activities. Additional 

public involvement in the preparation 

of any revisions or amendments to the 

Indiana Plan will be coordinated and 

executed by OSMRE during the public 

comment and review period. These 

policies and procedures are consistent 

with the Federal requirements of 30 CFR 

884.13(a)(3)(vii). Therefore, we are 

approving their inclusion. 

10. Organization of the Designated 

Agency [30 CFR 884.13(a)(4)(i)] 

Part 884.13(d)(1) of the Indiana Plan 

describes the organization of the Indiana 

DNR and its relationship to other state 

organizations that may become involved 

in Indiana’s AML program. The Indiana 

DNR Division of Reclamation reports to 

the DNR Director, via the Deputy 

Director to the Regulatory Management 

Team. The Indiana DNR Director reports 

directly to the Governor. The AML 

program also coordinates with other 

DNR divisions on proposed projects and 

reclamation activities. This description 

of agency organization is consistent 

with the Federal requirements of 30 CFR 

884.13(a)(4)(i). Therefore, we are 

approving its inclusion. 

11. Personnel Staffing Policies [30 CFR 

884.13(a)(4)(ii)] 

Part 884.13(d)(2) of the Indiana Plan 

describes Indiana’s personnel staffing 

policies that will govern the assignment 

of personnel to its AML program. The 

program’s staff is selected on the basis 

of applicable academic and professional 

experience. The Indiana DNR will be 

responsible for complying with all 

pertinent Federal and State laws. This 

description of agency personnel policies 

is consistent with the Federal 

requirements of 30 CFR 884.13(a)(4)(ii). 

Therefore, we are approving its 

inclusion. 

12. Purchasing and Procurement [30 

CFR 884.13(a)(4)(iii)] 

Part 884.13(d)(3) of the Indiana Plan 

states that the purchasing and 

procurement systems used by the 

Indiana DNR will be in accordance with 

the requirements of the Office of 

Management and Budget (OMB) 

Circular A–102, Attachment 0 and the 

Uniform Administrative Requirements 

for Grants and Cooperative Agreements 

to State and Local Governments (43 CFR 

part 12, subpart C). Indiana also 

described its AML Applicant/Violator 

System, which ensures that no company 

owners, director, or major shareholders 

bidding on AML federally-funded 

projects have any Federal coal mining 

violations or state cessation orders that 

would render them ineligible. These 

systems are consistent with the Federal 

requirements of 30 CFR 884.13(a)(4)(iii). 

Therefore, we are approving their 

inclusion. 

13. Accounting [30 CFR 884.13(a)(4)(iv)] 

Part 884.13(d)(4) of the Indiana Plan 

describes Indiana DNR’s accounting 

system, including procedures for the 

operation of the Indiana Abandoned 

Mine Reclamation Fund. AML projects 

are grant-funded, and detailed financial 

records are maintained for auditing 

purposes, in accordance with 30 CFR 

886 and OMB Circular A–102. This 

system description is consistent with 

the Federal requirements of 30 CFR 

884.13(a)(4)(iv). Therefore, we are 

approving its inclusion. 

14. Environmental Problems and 

Reclamation Techniques [30 CFR 

884.13(a)(5)(ii)] [30 CFR 

884.13(a)(5)(iii)] 

Part 884.13(e)(3) of the Indiana Plan 

describes the problems occurring on 

known or suspected lands and waters 

which require reclamation. A report 

published by Indiana DNR describes 

these problems and the suggested 

reclamation techniques to restore the 

site to an environmentally stable 

condition. These descriptions are 

consistent with the Federal 

requirements of 30 CFR 884.13(a)(5)(ii) 

and 30 CFR 884.13(a)(5)(iii). Therefore, 

we are approving their inclusion. 

15. The Economic Base [30 CFR 

884.13(a)(6)(i)] 

Part 884.13(f)(1) of the Indiana Plan, 

describes the economic base for 

Indiana’s primary coal producing 

region, including population size, 

market accessibility, economic 

activities, such as agricultural products 

and manufacturing, and available 

mining resources. This description is 

consistent with the Federal 

requirements of 30 CFR 884.13(a)(6)(i). 

Therefore, we are approving its 

inclusion. 

16. Significant Aesthetic, Historic, or 

Cultural, and Recreational Values [30 

CFR 884.13(a)(6)(ii)] 

Part 884.13(f)(2) of the Indiana Plan 

describes the aesthetic, historic, and 

recreational values of southwestern 

44316 Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Rules and Regulations 

Indiana. Indiana DNR stated that, to 

ensure that all potential impacts of the 

reclamation process are mitigated, the 

Division of Reclamation will consult 

with the Division of Historic 

Preservation and Archaeology. This 

statement is consistent with the Federal 

requirements of 30 CFR 884.13(a)(6)(ii). 

Therefore, we are approving its 

inclusion. 

17. Flora and Fauna of Southwestern 

Indiana [30 CFR 884.13(a)(6)(iii)] 

Indiana stated that, during the 

planning stages of proposed AML 

reclamation projects, evaluations are 

conducted by Indiana DNR to determine 

the presence of wetlands, endangered 

species, and other environmental 

concerns. Recommendations are then 

provided to enhance or improve 

wetlands and critical wildlife habitat. 

During this process, Indiana DNR 

consults with the U.S. Fish and Wildlife 

Service to determine whether the 

project will adversely affect any 

Federally-listed threatened or 

endangered species. Indiana DNR also 

coordinates with the Indiana Division of 

Nature Preserves to identify any unique 

natural habitats for protection and 

mitigation. These descriptions are 

consistent with the Federal 

requirements of 30 CFR 884.13(a)(6)(iii). 

Therefore, we are approving their 

inclusion. 

18. Locations of Documented Surface 

and Underground Coal Mines in 

Southwestern Indiana [30 CFR 

884.13(a)(5)(i)] 

Indiana included a map showing the 

general location of known or suspected 

eligible lands and waters within Indiana 

which require reclamation. This map is 

consistent with the Federal 

requirements of 30 CFR 884.13(a)(5)(i). 

Therefore, we are approving its 

inclusion. 

IV. Summary and Disposition of 

Comments 

Public Comments 

OSMRE solicited public comments 

and provided an opportunity for a 

public hearing on the amendment of the 

Indiana Plan. No public comments were 

received and because no one requested 

an opportunity to speak at a public 

hearing, no hearing was held. 

Federal Agency Comments 

On May 4, 2016, under 30 CFR 

884.14(a)(2), we requested comments on 

the amendment from various Federal 

agencies with an actual or potential 

interest in the Indiana plan 

(Administrative Record No. IN–1773). 

We did not receive any comments. 

State Historical Preservation Officer 

(SHPO) and the Advisory Council on 

Historic Preservation (ACHP) 

On May 4, 2016, we requested 

comments on the Indiana Plan 

amendment (Administrative Record No. 

IN–1773), from the SHPO and the 

ACHP, but neither responded to our 

request. 

V. OSMRE’s Decision 

Based on the above findings, we 

approve the amendment Indiana sent us 

on March 14, 2016 (Administrative 

Record No. IN–1773). 

To implement this decision, we are 

amending the Federal regulations at 30 

CFR part 914, which codify decisions 

concerning the Indiana Plan. In 

accordance with the Administrative 

Procedure Act, this rule will take effect 

30 days after the date of publication. 

Section 503(a) of SMCRA requires that 

the State’s program demonstrate that the 

State has the capability of carrying out 

the provisions of the Act and meeting its 

purposes. SMCRA requires consistency 

of State and Federal standards. 

VI. Procedural Determinations 

Executive Order 12630—Takings 

This rulemaking does not have 

takings implications. This 

determination is based on the analysis 

performed for the counterpart Federal 

regulation. 

Executive Order 12866—Regulatory 

Planning and Review 

This rulemaking is exempted from 

review by the Office of Management and 

Budget (OMB) under Executive Order 

12866. 

Executive Order 12988—Civil Justice 

Reform 

The Department of the Interior has 

conducted the reviews required by 

section 3 of Executive Order 12988 and 

has determined that this rulemaking 

meets the applicable standards of 

subsections (a) and (b) of that section. 

However, these standards are not 

applicable to the actual language of 

State AML programs and program 

amendments because each program is 

drafted and promulgated by a specific 

state, not by OSMRE. Under section 405 

of SMCRA (30 U.S.C. 1235) and the 

Federal regulations at 30 CFR 884.14 

and 884.15, decisions on proposed State 

AML programs and program 

amendments submitted by the states 

must be based solely on a determination 

of whether the submittal is consistent 

with SMCRA and its implementing 

Federal regulations and whether the 

other requirements of 30 CFR part 884 

have been met. 

Executive Order 13132—Federalism 

This rulemaking does not have 

Federalism implications. SMCRA 

delineates the roles of the Federal and 

state governments with regard to the 

regulation of surface coal mining and 

reclamation operations. One of the 

purposes of SMCRA is to ‘‘establish a 

nationwide program to protect society 

and the environment from the adverse 

effects of surface coal mining 

operations.’’ Section 503(a)(1) of 

SMCRA requires that state laws 

regulating surface coal mining and 

reclamation operations be ‘‘in 

accordance with’’ the requirements of 

SMCRA, and section 503(a)(7) requires 

that state programs contain rules and 

regulations ‘‘consistent with’’ 

regulations issued by the Secretary 

pursuant to SMCRA. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

In accordance with Executive Order 

13175, we have evaluated the potential 

effects of this rulemaking on Federallyrecognized Tribes and have determined 

that the rulemaking does not have 

substantial direct effects on one or more 

Tribes, on the relationship between the 

Federal government and Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

government and Tribes. The basis for 

this determination is that our decision 

is on a state AML program and does not 

involve Federal regulations involving 

Indian lands. 

Executive Order 13211—Regulations 

That Significantly Affect the Supply, 

Distribution, or Use of Energy 

Executive Order 13211 of May 18, 

2001, 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 rulemaking is exempt from review 

under Executive Order 12866 and is not 

expected to have a significant adverse 

effect on the supply, distribution, or use 

of energy, a Statement of Energy Effects 

is not required. 

National Environmental Policy Act 

This rule does not require an 

environmental impact statement 

because it is deemed a categorical 

exclusion within the meaning of the 

National Environmental Policy Act (42 

U.S.C. 4332(2)(C)). It is documented in 

Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Rules and Regulations 44317 

the DOI Departmental Manual 516 DM 

13.5(B)(29), that agency decisions on 

approval of state reclamation plans for 

abandoned mine lands do not constitute 

major Federal actions. 

Paperwork Reduction Act 

This rule does not contain 

information collection requirements that 

require approval by OMB under the 

Paperwork Reduction Act (44 U.S.C. 

3507 et seq.). 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this rulemaking 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 rulemaking, 

is based upon counterpart Federal 

regulations for which an economic 

analysis was prepared and certification 

made that such regulations would not 

have a significant economic effect upon 

a substantial number of small entities. 

In making the determination as to 

whether this rule would have a 

significant economic impact, the 

Department relied upon the data and 

assumptions for the counterpart Federal 

regulations. 

Small Business Regulatory Enforcement 

Fairness Act 

This rulemaking is not a major rule 

under 5 U.S.C. 804(2), the Small 

Business Regulatory Enforcement 

Fairness Act. This rulemaking: (a) Does 

not have an annual effect on the 

economy of $100 million; (b) Will not 

cause a major increase in costs or prices 

for consumers, individual industries, 

Federal, state, or local government 

agencies, or geographic regions; and (c) 

Does not have significant adverse effects 

on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

This determination is based upon the 

fact that the State submittal, which is 

the subject of this rulemaking, is based 

upon counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation was not considered a major 

rulemaking. 

Unfunded Mandates 

This rulemaking will not impose an 

unfunded mandate on state, local, or 

Tribal governments or the private sector 

of $100 million or more in any given 

year. This determination is based upon 

the fact that the State submittal, which 

is the subject of this rulemaking, is 

based upon counterpart Federal 

regulations for which an analysis was 

prepared and a determination made that 

the Federal regulation did not impose 

an unfunded mandate. 

List of Subjects in 30 CFR Part 914 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: September 12, 2017. 

Alfred L. Clayborne, 

Regional Director, Mid-Continent Region. 

For the reasons set out in the 

preamble, 30 CFR part 914 is amended 

as set forth below: 

PART 914—INDIANA 

■ 1. The authority citation for part 914 

continues to read as follows: 

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

■ 2. Section 914.25 is amended in the 

table by adding an entry in 

chronological order by ‘‘Date of final 

publication’’ to read as follows: 

§ 914.25 Approval of Indiana abandoned 

mine land reclamation plan amendments. 

* * * * * 

Original amendment submission 

date Date of final publication Citation/description 

*******

March 14, 2016 .............................. September 22, 2017 ...................... Abandoned Mine Land Reclamation Plan for the State of Indiana. 

[FR Doc. 2017–20265 Filed 9–21–17; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2017–0865] 

Drawbridge Operation Regulation; 

Napa River, Vallejo, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Mare Island 

Drawbridge across the Napa River, mile 

2.8 at Vallejo, CA. The deviation is 

necessary to allow the community to 

participate in the Waterfront Weekend 

Triathlon. This deviation allows the 

bridge to remain in the closed-tonavigation position during the deviation 

period. 

DATES: This deviation is effective from 

8 a.m. through 11:30 a.m. on October 8, 

2017. 

ADDRESSES: The docket for this 

deviation, USCG–2017–0865, is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Carl T. Hausner, 

Chief, Bridge Section, Eleventh Coast 

Guard District; telephone 510–437– 

3516; email Carl.T.Hausner@uscg.mil. 

SUPPLEMENTARY INFORMATION: The City 

of Vallejo has requested a temporary 

change to the operation of the Mare 

Island Drawbridge, mile 2.8, over Napa 

River, at Vallejo, CA. The drawbridge 

navigation span provides a vertical 

clearance of 13 feet above Mean High 

Water in the closed-to-navigation 

position. The draw operates as required 

by 33 CFR 117.169(a). Navigation on the 

waterway is commercial and 

recreational. 

The drawspan will be secured in the 

closed-to-navigation position from 8 

a.m. through 11:30 a.m. on October 8, 

2017 to allow the community to 

participate in the Waterfront Weekend 

Triathlon. This temporary deviation has 

been coordinated with the waterway 

users. No objections to the proposed 

temporary deviation were raised. 

Vessels able to pass through the 

bridge in the closed position may do so 

at any time. The bridge will be able to 

open for emergencies and there is no 

immediate alternate route for vessels to 

pass. The Coast Guard will also inform 

the users of the waterway through our 

Local and Broadcast Notices to Mariners