Abandoned Mine Land Reclamation Fee

CourtSurface Mining Reclamation And Enforcement Office
Citation87 FR 2341
Record Number2022-00513
Publication Date14 January 2022
2341
Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations
3
See M–22–07, Implementation of Penalty
Inflation Adjustments for 2022, Pursuant to the
Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015, https://
www.whitehouse.gov/wp-content/uploads/2021/12/
M-22-07.pdf.
requires agencies to adjust civil
monetary penalties for inflation and to
publish the adjustments in the Federal
Register. An initial adjustment was
required to be made by interim final
rule published by July 1, 2016, and
effective by August 1, 2016. Subsequent
adjustments must be published by
January 15 each year after 2016.
On December 15, 2021, the Office of
Management and Budget issued
memorandum M–22–07 on
implementation of the 2022 annual
inflation adjustment pursuant to the
2015 act.
3
The memorandum provides
agencies with the cost-of-living
adjustment multiplier for 2022, which is
based on the Consumer Price Index
(CPI–U) for the month of October 2021,
not seasonally adjusted. The multiplier
for 2022 is 1.06222. The adjusted
maximum amounts are $2,400 for
section 4071 penalties and $320 for
section 4302 penalties.
Compliance With Regulatory
Requirements
The Office of Management and Budget
has determined that this rule is not a
‘‘significant regulatory action’’ under
Executive Order 12866 and therefore not
subject to its review.
The Office of Management and Budget
also has determined that notice and
public comment on this final rule are
unnecessary because the adjustment of
civil penalties implemented in the rule
is required by law. See 5 U.S.C. 553(b).
Because no general notice of proposed
rulemaking is required for this rule, the
Regulatory Flexibility Act of 1980 does
not apply. See 5 U.S.C. 601(2).
List of Subjects
29 CFR Part 4071
Penalties.
29 CFR Part 4302
Penalties.
In consideration of the foregoing,
PBGC amends 29 CFR parts 4071 and
4302 as follows:
PART 4071—PENALTIES FOR
FAILURE TO PROVIDE CERTAIN
NOTICES OR OTHER MATERIAL
INFORMATION
1. The authority citation for part 4071
continues to read as follows:
Authority: 28 U.S.C. 2461 note, as
amended by sec. 701, Pub. L. 114–74, 129
Stat. 599–601; 29 U.S.C. 1302(b)(3), 1371.
§ 4071.3 [Amended]
2. In § 4071.3, remove the number
‘‘$2,259’’ and add in its place the
number ‘‘$2,400’’.
PART 4302—PENALTIES FOR
FAILURE TO PROVIDE CERTAIN
MULTIEMPLOYER PLAN NOTICES
3. The authority citation for part 4302
continues to read as follows:
Authority: 28 U.S.C. 2461 note, as
amended by sec. 701, Pub. L. 114–74, 129
Stat. 599–601; 29 U.S.C. 1302(b)(3), 1452.
§ 4302.3 [Amended]
4. In § 4302.3, remove the number
‘‘$301’’ and add its place the number
‘‘$320’’.
Issued in Washington, DC, by
Gordon Hartogensis,
Director, Pension Benefit Guaranty
Corporation.
[FR Doc. 2022–00778 Filed 1–13–22; 8:45 am]
BILLING CODE 7709–02–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Parts 870 and 872
[Docket ID: OSM 2021–0008; S1D1S
SS08011000 SX064A000 221S180110;
S2D2S SS08011000 SX064A000
22XS501520]
RIN 1029–AC83
Abandoned Mine Land Reclamation
Fee
AGENCY
: Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION
: Interim final rule, request for
comments.
SUMMARY
: We, the Office of Surface
Mining Reclamation and Enforcement
(OSMRE), are revising our regulations
for the Abandoned Mine Reclamation
Fund (AML Fund). This rule revises our
regulations to be consistent with the
Infrastructure Investment and Jobs Act
(IIJA), which was signed into law on
November 15, 2021, and which
included the Abandoned Mine Land
Reclamation Amendments of 2021 (the
2021 amendments). The rule reflects the
extension of our statutory authority to
collect reclamation fees for an
additional thirteen years and to reduce
the fee rates. In addition, we are revising
our rule provisions to reflect the
statutory extension of the dates when
moneys derived from these fees will be
available to eligible States and Tribes for
grant distributions.
DATES
: Effective January 14, 2022.
Comments will be accepted until
February 14, 2022.
ADDRESSES
: You may submit comments
by one of the following methods:
Federal e-Rulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments to
Docket No. OSM–2021–0008. Please
note that if you are using the Federal
eRulemaking Portal, the deadline for
submitting electronic comments is 11:59
p.m. Eastern Standard Time on the
comment due date.
Mail: Address comment to Public
Comments Processing, Attn: Docket No.
OSM–2021–0008; Office of Surface
Mining Reclamation and Enforcement,
1849 C Street NW, Mail Stop 4558,
Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT
:
Harry Payne, Office of Surface Mining
Reclamation and Enforcement, 1849 C
Street NW, Mail Stop 4558, Washington,
DC 20240; Telephone (202) 208–5683.
Email: hpayne@osmre.gov.
SUPPLEMENTARY INFORMATION
:
Table of Contents
I. Background
A. How did the reclamation fee work
before the 2021 amendments?
B. How did the 2021 amendments change
the reclamation fee and the annual AML
grant distributions?
II. Administrative Procedure Act
A. Why is the rule being published on an
interim final basis?
B. How does the rule operate?
III. Procedural Matters
A. Congressional Review Act
B. Regulatory Planning and Review
(Executive Orders 12866 and 13563)
C. Regulatory Flexibility Act
D. Small Business Regulatory Enforcement
Fairness Act
E. Unfunded Mandates Reform Act
F. Takings (Executive Order 12630)
G. Federalism (Executive Order 13132)
H. Civil Justice Reform (Executive Order
12988)
I. Consultation With Indian Tribes
(Executive Order 13175 and
Departmental Policy)
J. Paperwork Reduction Act
K. National Environmental Policy Act
L. Effects on Energy Supply, Distribution,
and Use (Executive Order 13211)
M. Clarity of This Regulation
N. Data Quality Act
O. National Technology Transfer and
Advancement Act
P. Protection of Children From
Environmental Health Risks and Safety
Risks (Executive Order 13045)
I. Background
A. How did the reclamation fee work
before the 2021 amendments?
Title IV of the Surface Mining Control
and Reclamation Act of 1977 (SMCRA)
VerDate Sep<11>2014 16:05 Jan 13, 2022 Jkt 256001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\14JAR1.SGM 14JAR1
lotter on DSK11XQN23PROD with RULES1
2342
Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations
created the AML Fund, which is funded
primarily by a reclamation fee (also
known as the AML fee) assessed on each
ton of coal produced in the United
States and which, among other things,
provides funding to eligible States and
Tribes for the reclamation of coal
mining sites abandoned or left in an
inadequate reclamation status as of
August 3, 1977. As originally enacted,
section 402(a) of SMCRA fixed the
reclamation fee at 35 cents per ton (or
10 percent of the value of the coal,
whichever was less) for coal other than
lignite produced by surface mining
methods, 15 cents per ton (or 10 percent
of the value of the coal, whichever was
less) for coal other than lignite produced
from underground mines, and 10 cents
per ton (or 2 percent of the value of the
coal, whichever was less) for lignite.
Section 402(b) of SMCRA first
authorized collection of reclamation
fees for 15 years following the date of
SMCRA’s enactment (August 3, 1977).
Congress extended our fee collection
authority through September 30, 1995,
in the Omnibus Budget Reconciliation
Act of 1990 (Pub. L. 101–508, 104 Stat.
1388, § 6003(a)). The Energy Policy Act
of 1992 (Pub. L. 102–486, 106 Stat.
2776, 3056, § 19143(b)(1) of Title XIX),
extended our fee collection authority
through September 30, 2004. A series of
short interim extensions in
appropriations and other acts extended
our fee collection authority through
September 30, 2007.
The Surface Mining Control and
Reclamation Act Amendments of 2006
(the 2006 amendments) were signed into
law on December 20, 2006, as part of the
Tax Relief and Health Care Act of 2006
(Pub. L. 109–432, 120 Stat. 2922). The
2006 amendments extended our fee
collection authority under section
402(b) through September 30, 2021, and
reduced the reclamation fee rates in
section 402(a) by 10 percent for the
period from October 1, 2007, through
September 30, 2012, and an additional
10 percent from the original levels for
the period from October 1, 2012,
through September 30, 2021. Therefore,
the fee rates from October 1, 2012,
through September 30, 2021, required
coal mine operators to pay 28 cents per
ton (or 10 percent of the value of the
coal, whichever was less) for coal other
than lignite produced by surface mining
methods, 12 cents per ton (or 10 percent
of the value of the coal, whichever was
less) for coal other than lignite produced
from underground mines, and 8 cents
per ton (or 2 percent of the value of the
coal, whichever was less) for lignite.
OSMRE notified operators of the change
in fee rates resulting from the 2006
amendments in January and September
2007. On November 14, 2008, OSMRE
promulgated final regulations at 30 CFR
part 870 and 872 to codify these changes
and other revisions made by the 2006
amendments (73 FR 67576).
B. How did the 2021 amendments
change the reclamation fee and the
annual AML grant distributions?
The 2021 amendments, signed into
law on November 15, 2021, as part of
the Infrastructure Investment and Jobs
Act (Pub. L. 117–58, 135 Stat. 429),
extended our fee collection authority
under section 402(b) through September
30, 2034, and reduced reclamation fee
rates in section 402(a) by 20 percent
from the prior rates. Therefore, for the
calendar quarter beginning October 1,
2021, the current rates require operators
to pay 22.4 cents per ton (or 10 percent
of the value of the coal, whichever is
less) for coal other than lignite produced
by surface mining methods, 9.6 cents
per ton (or 10 percent of the value of the
coal, whichever is less) for coal other
than lignite produced from underground
mines, and 6.4 cents per ton (or 2
percent of the value of the coal,
whichever is less) for lignite.
In addition, the 2021 amendments
extended the current annual AML grant
distributions to both uncertified and
certified States and Tribes. (A State or
Tribe ‘‘certifies’’ under section 411(a) of
SMCRA (30 U.S.C. 1240a) when it has
completed all known coal AML
priorities.) Specifically, the 2021
amendments revised section 401(f)(2) of
SMCRA to extend our annual grant
distributions from the AML Fund to
eligible uncertified States and Tribes by
13 years. The extension of our fee
collection authority in section 402(b)
also had the effect of extending the AML
grant distributions from general
Treasury funds (i.e., certified in lieu
funds) to certified States and Tribes by
13 years as provided in sections
402(i)(2) and 411(h)(2) of SMCRA (30
U.S.C. 1232(i)(2) and 1240a(h)(2)).
While we consider the 2021
amendments to be self-executing, some
of our current regulations are
inconsistent with these provisions. To
provide consistency between our
regulations and the 2021 amendments
and to clarify that fee collections
continue without interruption at the
reduced rates and annual AML grant
distributions to eligible States and
Tribes based on fee collections continue
using the formula described in section
401(f) of SMCRA and 402(i)(2), we are
publishing an interim final rule, which
will be effective immediately upon
publication. The interim final rule we
are promulgating today will revise 30
CFR parts 870 and 872 to reflect the
reduction in reclamation fee rates and
the extension of our fee collection
authority and annual AML grant
distributions.
The purpose of this interim final rule
is to codify these revisions to make the
regulations consistent with SMCRA, as
amended by the Infrastructure
Investment and Jobs Act, and allow the
public to comment on the rule. As we
are amending our regulations under an
interim final rule, we will forgo issuing
a proposed rule. The interim final rule
will take effect on the date specified
above in
DATES
, with public comment to
conclude as set forth in
DATES
. If
necessary, the interim final rule may be
revised based on public comments
received. Any final rule will contain
responses to comments received on the
interim final rule, state the final
regulatory provisions, and provide the
justification for those provisions.
II. Administrative Procedure Act
A. Why is the rule being published on
an interim final basis?
OSMRE is promulgating this interim
final rule solely to accurately reflect the
requirements of sections 40702 and
40703 of the Infrastructure Investment
and Jobs Act. These provisions amended
subsections (a) and (b) of section 402 of
SMCRA (30 U.S.C. 1232) to reduce
reclamation fee rates by 20 percent and
extend our fee collection authority
through September 30, 2034, which
extends AML grants to eligible States
and Tribes from Treasury funds as
provided in sections 402(i)(2) and
411(h)(2). The 2021 amendments further
changed subparagraphs (A) and (B) of
section 401(f)(2) of SMCRA (30 U.S.C.
1231(f)(2)) to extend the annual AML
distribution dates for grants to eligible
States and Tribes from the AML Fund.
To avoid confusion, OSMRE is also
making a clarifying change to the
introductory section of 30 CFR
872.27(a)(2). OSMRE is not making any
other changes to the regulations at 30
CFR subchapter R.
As previously noted, OSMRE is
promulgating this rule on an interim
final basis as authorized by the
Administrative Procedure Act (APA) at
5 U.S.C. 553(b)(3)(B). This provision of
the APA provides a ‘‘good cause’’
exemption that allows an agency to
issue a rule without prior notice or
opportunity for public comment ‘‘when
the agency for good cause finds (and
incorporates the finding and a brief
statement of the reasons therefor in the
rules issued) that notice and public
procedure thereon are impracticable,
unnecessary, or contrary to the public
VerDate Sep<11>2014 16:05 Jan 13, 2022 Jkt 256001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\14JAR1.SGM 14JAR1
lotter on DSK11XQN23PROD with RULES1
2343
Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations
interest.’’ An additional exemption at 5
U.S.C. 553(d)(3) allows an agency to
publish a rule less than 30 days before
its effective date ‘‘for good cause found
and published with the rule.’’
OSMRE finds that promulgation of
this interim final rule, effective upon
publication and without prior notice or
opportunity to comment, meets the good
cause threshold because those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest’’ with respect to this rule and
also meets the good cause threshold for
exempting the rule from the 30-day
waiting period before a rule goes into
effect. 5 U.S.C. 553(b)(3)(B); 553(d)(3).
The revisions to our regulations made
by this interim final rule are made only
to conform our existing regulations to
the changes to the AML fee rate and our
fee collection authority, as well as the
extension of the annual AML grants,
made by the Infrastructure Investment
and Jobs Act. With this interim final
rule, OSMRE is not exercising any
discretion and is simply conforming its
rules to the requirements contained
within the new statute; therefore, public
notice and comment is impracticable
and unnecessary.
Furthermore, it is in the public
interest because this rule revises out-of-
date regulations to conform to the
changes made by the 2021 amendments.
These changes provide clarity and avoid
the confusion that might otherwise
result from stale regulatory provisions
that are inconsistent with current law.
The concurrent extension of our fee
collection authority and reduction in
reclamation fee rates, if not clearly
understood by coal mine operators,
could result in delayed payment of
reclamation fees, which could subject
operators to late payment penalties and
potentially affect annual AML grant
distributions to States and Tribes (30
U.S.C. 1231(f) and 1232(i)(2)) or
estimated interest payments to the
UMWA Health and Retirement Funds’
health care plans (30 U.S.C. 1232(h)).
Conversely, confusion over reclamation
fee rates could also result in
overpayments based on the previous,
higher reclamation fee rate, which may
require OSMRE to process refunds and
reduce administrative efficiency. For
these reasons, we are availing ourselves
of the good cause exemptions at 5 U.S.C.
553(b)(3)(B) and 553(d)(3) and providing
notice and an opportunity for public
comment after the effective date of this
interim final rule, which will be
considered in the development of any
subsequent final rule.
B. How does the rule operate?
This interim final rule revises our
regulations to be consistent with the
2021 amendments, which extend our
statutory authority to collect
reclamation fees for an additional 13
years, reduce reclamation fee rates, and
extend the dates when annual grant
funding will be available to eligible
States and Tribes. Similar to the
explanation in the proposed rule for the
2006 SMCRA amendments, this rule
retains certain expired fee rates at 30
CFR 870.13 for historical purposes and
for use in future audits of production
from the years in which those rates
applied. See 73 FR 35214, 35219 (June
20, 2008). This rule also makes a
clarifying change to 30 CFR 872.27(a)(2).
III. Procedural Matters
A. Congressional Review Act
Pursuant to the Congressional Review
Act, 5 U.S.C. 801 et seq., the Office of
Information and Regulatory Affairs
(OIRA) of the Office of Management and
Budget (OMB) has determined that this
rulemaking is not a major rulemaking,
as defined by 5 U.S.C. 804(2), because
this rulemaking has not resulted in, and
is unlikely to result in: (1) An annual
effect on the economy of $100,000,000
or more; (2) a major increase in costs or
prices for consumers, individual
industries, Federal, State, or local
government, or geographic regions; or
(3) significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
enterprises to compete with foreign-
based enterprises in domestic and
export markets.
As noted above, this rulemaking
merely reflects the IIJA’s updates to the
reclamation fee rates, continuation of
the collection of AML fees, and
extension of the annual AML grant
distributions. Although OSMRE
typically collects over $100 million
annually in reclamation fees and
distributes over $100 million in annual
AML grants to eligible States and Tribes,
the change resulting from the IIJA’s
lower fee rates is anticipated to be less
than $100 million a year compared to
fees we collected and grants we
distributed in the fiscal years since
fiscal year 2013, when the fee rate last
changed. And because the 2021
amendments are self-executing, any
effects come not from requirements
imposed by this rule, but rather from the
extension of our fee collection authority
and concurrent reduction in reclamation
fee rates by Congress. As a result, this
rule is not considered a major
rulemaking.
B. Regulatory Planning and Review
(Executive Orders 12866 and 13563)
Executive Order 12866 provides that
the OIRA will review all significant
rules. Because this final rule merely
reflects the IIJA’s updates to the
reclamation fee rates, continuation of
the collection of AML fees, and
extension of the annual AML grant
distributions, OIRA has concluded that
this rulemaking is not a significant
regulatory action under Executive Order
12866. Pursuant to Executive Order
12866, an action is a ‘‘significant
regulatory action’’ if it ‘‘is likely to
result in a rule that may: (1) Have an
annual effect on the economy of $100
million or more or adversely affect in a
material way the economy, a sector of
the economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local, or tribal
governments or communities; (2) create
a serious inconsistency or otherwise
interfere with an action taken or
planned by another agency; (3)
materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in this Executive
order.’’
Although the reclamation fees
collected and AML grants distributed
typically total over $100 million
annually, this rule merely acknowledges
a continuation of an existing program
mandated by Congress and is therefore
not a change with a significant monetary
impact. In addition, because the
administrative and procedural
provisions of this rule would reflect an
annual impact of less than $100 million,
it is not significant under Executive
Order 12866. For the same reasons, to
the extent that this rulemaking reflects
the IIJA’s extension of grants to eligible
States and Tribes, it merely corresponds
with the IIJA’s continuation of an
existing program for an additional 13
years. Furthermore, as OSMRE has
collected reclamation fees and
distributed annual AML grants for four
decades, the agency is not aware of any
inconsistencies with other agency
actions or novel legal or policy issues
that could arise as a result of the
reauthorization of the reclamation fee
and the extension of AML grants.
Executive Order 13563 reaffirms the
principles of Executive Order 12866
while calling for improvements in the
Nation’s regulatory system to promote
predictability, to reduce uncertainty,
and to use the best, most innovative,
and least burdensome tools for
VerDate Sep<11>2014 16:05 Jan 13, 2022 Jkt 256001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\14JAR1.SGM 14JAR1
lotter on DSK11XQN23PROD with RULES1
2344
Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations
achieving regulatory ends. The
Executive Order directs agencies to
consider regulatory approaches that
reduce burdens and maintain flexibility
and freedom of choice for the public
where these approaches are relevant,
feasible, and consistent with regulatory
objectives. Executive Order 13563
emphasizes further that regulations
must be based on the best available
science and that the rulemaking process
must allow for public participation and
an open exchange of ideas. We have
developed this rule in a manner
consistent with these requirements, to
the extent permitted by statute.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA),
which requires an agency to prepare a
regulatory flexibility analysis for all
rules, unless the agency certifies that the
rule will not have a significant
economic impact on a substantial
number of small entities applies only
where an agency is required to publish
a general notice of proposed rulemaking
for any proposed rule. See 5 U.S.C.
601(2), 603(a), and 604(a). As OSMRE is
not required to publish a notice of
proposed rulemaking for this interim
final rule, the RFA does not apply.
D. Small Business Regulatory
Enforcement Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
As explained in section III.A. above, this
rule:
(a) Will not have an annual effect on
the economy of $100 million or more;
(b) will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions; and
(c) will not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of United States-based
enterprises to compete with foreign-
based enterprises.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (UMRA) requires that, before
promulgating any general notice of
proposed rulemaking that is likely to
result in promulgation of any rule that
may result in the expenditure by a State,
Tribal, or local government, in the
aggregate, or by the private sector of
$100 million, adjusted annually for
inflation, in any 1 year, an agency must
prepare a written statement that assesses
the effects on State, Tribal, and local
governments and the private sector. See
2 U.S.C. 1532(a). As OSMRE is not
required to promulgate a notice of
proposed rulemaking for this interim
final rule, the UMRA does not apply.
F. Takings (Executive Order 12630)
This rule does not effect a taking of
private property or otherwise have
takings implications under Executive
Order 12630. A takings implication
assessment is not required.
G. Federalism (Executive Order 13132)
Under the criteria in section 1 of
Executive Order 13132, this rule does
not have sufficient federalism
implications to warrant the preparation
of a federalism summary impact
statement. A federalism summary
impact statement is not required.
H. Civil Justice Reform (Executive Order
12988)
This rule complies with the
requirements of Executive Order 12988.
Specifically, this rule:
(a) Meets the criteria of section 3(a)
requiring that all regulations be
reviewed to eliminate errors and
ambiguity and be written to minimize
litigation; and
(b) meets the criteria of section 3(b)(2)
requiring that all regulations be written
in clear language and contain clear legal
standards.
I. Consultation With Indian Tribes
(Executive Order 13175 and
Departmental Policy)
The Department of the Interior strives
to strengthen its government-to-
government relationship with Tribes
through a commitment to consultation
with Tribes and recognition of their
right to self-governance and Tribal
sovereignty. We have evaluated this rule
under the Department’s consultation
policy, under Departmental Manual Part
512, Chapters 4 and 5, and under the
criteria in Executive Order 13175 and
have determined that it has no
substantial direct effects on Federally-
recognized Tribes or Alaska Native
Claims Settlement Act (ANCSA)
Corporations, and that consultation
under the Department’s Tribal
consultation policy is not required.
OSMRE will conduct informal listening
sessions with Tribes with eligible AML
programs to provide an overview of the
IIJA as it relates to the AML program.
J. Paperwork Reduction Act
The collection of information
contained in this rule has been
previously approved by OMB under the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.). The existing control
number for 30 CFR part 870 is 1029–
0063 and the expiration date is February
29, 2024. The existing control number
for 30 CFR part 872 is 1029–0054 and
the expiration date is February 29, 2024.
We may not conduct or sponsor, and
you are not required to respond to, a
collection of information unless it
displays a currently valid OMB control
number.
K. National Environmental Policy Act
This rule does not constitute a major
Federal action significantly affecting the
quality of the human environment. A
detailed statement under the National
Environmental Policy Act of 1969
(NEPA) is not required because the rule
is covered by a categorical exclusion.
This rule is excluded from the
requirement to prepare a detailed
statement because it is a regulation of an
administrative and financial nature. See
43 CFR 46.210(i). In addition, any
environmental effects of this rulemaking
as a whole are too broad, speculative,
and conjectural because the nature of
AML problems vary, they occur in
numerous locations throughout the
country, and will be reclaimed at
different times, and NEPA review is
completed on each project completed
with these funds closer to the time that
the project is undertaken. Id. We have
also determined that the rule does not
involve any of the extraordinary
circumstances listed in 43 CFR 46.215
that would require further analysis
under NEPA.
L. Effects on Energy Supply,
Distribution, and Use (Executive Order
13211)
This rule is not a significant energy
action under the definition in Executive
Order 13211. A Statement of Energy
Effects is not required.
M. Clarity of this Regulation
We are required by Executive Orders
12866 (section 1(b)(12)), 12988 (section
3(b)(1)(B)), and 13563 (section 1(a)), and
by the Presidential Memorandum of
June 1, 1998, to write all rules in plain
language. This means that each rule we
publish must:
(a) Be logically organized;
(b) use the active voice to address
readers directly;
(c) use common, everyday words and
clear language rather than jargon;
(d) be divided into short sections and
sentences; and
(e) use lists and tables wherever
possible.
If you believe that we have not met
these requirements in issuing this final
rule, please contact the individual listed
in the
FOR FURTHER INFORMATION
CONTACT
section. Your comments
should be as specific as possible in
VerDate Sep<11>2014 16:05 Jan 13, 2022 Jkt 256001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\14JAR1.SGM 14JAR1
lotter on DSK11XQN23PROD with RULES1
2345
Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations
order to help us determine whether any
future revisions to the rule are
necessary. For example, you should tell
us the numbers of the sections or
paragraphs that you find unclear, which
sections or sentences are too long, the
sections where you feel lists or tables
would be useful, etc.
N. Data Quality Act
In developing this rule, we did not
conduct or use a study, experiment, or
survey requiring peer review under the
Data Quality Act (Pub. L. 106–554).
O. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 3701 note et
seq.) directs Federal agencies to use
voluntary consensus standards when
implementing regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. This final rule is not subject
to the requirements of section 12(d) of
the NTTAA because application of those
requirements would be inconsistent
with SMCRA, and the requirements
would not be applicable to this final
rulemaking.
P. Protection of Children From
Environmental Health Risks and Safety
Risks (Executive Order 13045)
Executive Order 13045 requires that
environmental and related rules
separately evaluate the potential impact
to children. However, Executive Order
13045 is inapplicable to this rulemaking
because this is not a substantive
rulemaking and a notice of proposed
rulemaking was neither required nor
prepared. See section 2–202 and 5–501
of Executive order 13045.
List of Subjects
30 CFR Part 870
Abandoned Mine Reclamation Fund,
Fee collection and coal production
reporting, Reporting and recordkeeping
requirements, Surface mining.
30 CFR Part 872
Indians—land, Moneys available to
eligible States and Indian tribes.
Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land
and Minerals Management.
The action taken herein is pursuant to
an existing delegation of authority.
For the reasons given in the preamble,
the Department of the Interior amends
30 CFR parts 870 and 872 as set forth
below:
PART 870—ABANDONED MINE
RECLAMATION FUND—FEE
COLLECTION AND COAL
PRODUCTION REPORTING
1. The authority citation at part 870 is
revised to read as follows:
Authority: 28 U.S.C. 1746, 30 U.S.C. 1201
et seq., Pub. L. 105–277 and Pub. L. 117–58.
2. Amend § 870.13 by:
a. Removing paragraph (a);
b. Revising paragraph (b); and
c. Redesignating paragraph (c) as
paragraph (a).
The revision reads as follows:
§ 870.13 Fee rates.
* * * * *
(b) Fees for coal produced for sale,
transfer, or use from October 1, 2021,
through September 30, 2034. Fees for
coal produced for sale, transfer, or use
from October 1, 2021, through
September 30, 2034, are shown in the
following table:
Type of fee Type of coal Amount of fee
(1) Surface mining fee ......... Anthracite, bituminous, and
subbituminous, including
reclaimed.
(i) If value of coal is $2.24 per ton or more, fee is 22.4 cents per ton.
(ii) If value of coal is less than $2.24 per ton, fee is 10 percent of the value.
(2) Underground mining fee Anthracite, bituminous, and
subbituminous. (i) If value of coal is $0.96 per ton or more, fee is 9.6 cents per ton.
(ii) If value of coal is less than $0.96 per ton, fee is 10 percent of the value.
(3) Surface and underground
mining fee. Lignite ................................. (i) If value of coal is $3.20 per ton or more, fee is 6.4 cents per ton.
(ii) If value of coal is less than $3.20 per ton, fee is 2 percent of the value.
(4) In situ coal mining fee .... All types other than lignite .. 9.6 cents per ton based on Btu’s per ton in place equated to the gas produced at
the site as certified through analysis by an independent laboratory.
(5) In situ coal mining fee .... Lignite ................................. 6.4 cents per ton based on the Btu’s per ton of coal in place equated to the gas
produced at the site as certified through analysis by an independent laboratory.
* * * * *
PART 872—MONEYS AVAILABLE TO
ELIGIBLE STATES AND INDIAN
TRIBES
3. The authority citation at part 872 is
revised to read as follows:
Authority: 30 U.S.C. 1201 et seq., Pub. L.
117–58.
4. Amend § 872.15 by revising
paragraph (b)(1) to read as follows:
§ 872.15 How does OSM distribute and
award State share funds?
* * * * *
(b) * * *
(1) We annually distribute State share
funds to you as shown in the following
table:
For the Federal fiscal year(s)
beginning . . . The amount of State share funds we annually distribute to you will be . . .
(i) October 1, 2007 and October 1, 2008 ........... 50 percent of your 50 percent share of reclamation fees collected on prior fiscal year coal pro-
duction.
(ii) October 1, 2009 and October 1, 2010 .......... 75 percent of your 50 percent share of reclamation fees collected on prior fiscal year coal pro-
duction.
(iii) October 1, 2011 and continuing through
September 30, 2035. 100 percent of your 50 percent share of reclamation fees collected on prior fiscal year coal
production.
(iv) October 1, 2035 (fiscal year 2036) .............. The amount remaining in your State share of the Fund.
VerDate Sep<11>2014 16:05 Jan 13, 2022 Jkt 256001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\14JAR1.SGM 14JAR1
lotter on DSK11XQN23PROD with RULES1
2346
Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations
* * * * *
5. Amend § 872.18 by revising
paragraph (b)(1) to read as follows:
§ 872.18 How will OSM distribute and
award Tribal share funds?
* * * * *
(b) * * *
(1) We annually distribute Tribal
share funds to you as shown in the
following table:
For the Federal fiscal year(s)
beginning . . . The amount of Tribal share funds we annually distribute to you will be . . .
(i) October 1, 2007 and October 1, 2008 ........... 50 percent of your 50 percent share of reclamation fees collected on prior fiscal year coal pro-
duction.
(ii) October 1, 2009 and October 1, 2010 .......... 75 percent of your 50 percent share of reclamation fees collected on prior fiscal year coal pro-
duction.
(iii) October 1, 2011 and continuing through
September 30, 2035. 100 percent of your 50 percent share of reclamation fees collected on prior fiscal year coal
production.
(iv) October 1, 2035 (fiscal year 2036) .............. The amount remaining in your Tribal share of the Fund.
* * * * *
6. Amend § 872.21 by revising
paragraphs (b)(1) and (2) to read as
follows:
§ 872.21 What are historic coal funds?
* * * * *
(b) * * *
(1) The moneys we reallocate based
on prior balance replacement funds
distributed under § 872.29, which will
be available to supplement grants
beginning with Federal fiscal year 2036;
and
(2) The moneys we reallocate based
on certified in lieu funds distributed
under § 872.32, which will be available
to supplement grants in Federal fiscal
years 2009 through 2035.
7. Amend § 872.22 by revising
paragraph (c) to read as follows:
§ 872.22 How does OSM distribute and
award historic coal funds?
* * * * *
(c) We annually distribute historic
coal funds to you as shown in the
following table:
For the Federal fiscal years
beginning . . . The amount of historic coal funds we annually distribute to you will be . . .
(1) October 1, 2007 and October 1, 2008 .......... 50 percent of the amount we calculate using the formula described in paragraph (b) of this
section.
(2) October 1, 2009 and October 1, 2010 .......... 75 percent of the amount we calculated using the formula described in paragraph (b) of this
section.
(3) October 1, 2011 and continuing through
September 30, 2035. 100 percent of the amount we calculate using the formula described in paragraph (b) of this
section.
(4) October 1, 2035 (fiscal year 2036), and
thereafter. 100 percent of the amount we calculate using the formula described in paragraph (b) of this
section until funds are no longer available or you have reclaimed your remaining Priority 1
and 2 coal problems.
* * * * *
8. Amend § 872.27 by revising
paragraph (a)(2) to read as follows:
§ 872.27 How does OSM distribute and
award minimum program make up funds?
* * * * *
(a) * * *
(2) For each Federal fiscal year, we
add minimum program make up funds
to your combined distribution of prior
balance replacement, State or Tribal
share, and historic coal funds as shown
in the following table:
For each of the Federal fiscal years
beginning . . . The amount of minimum program make up funds we add to your distribution will be . . .
(i) October 1, 2007 and October 1, 2008 ........... 50 percent of the amount that we calculated should be added under paragraph (a)(1) of this
section.
(ii) October 1, 2009 and October 1, 2010 .......... 75 percent of the amount that we calculated should be added under paragraph (a)(1) of this
section.
(iii) October 1, 2011 and continuing through
September 30, 2035. 100 percent of the amount that we calculated should be added under paragraph (a)(1) of this
section as long as you have at least $3 million of Priority 1 and 2 coal problems remaining.
(iv) October 1, 2035 and thereafter .................... to the extent funds are available, 100 percent of the amount that we calculated should be
added under paragraph (a)(1) until you have less than $3 million of Priority 1 and 2 coal
problems remaining.
* * * * *
9. Amend § 872.30 by revising
paragraph (c) to read as follows:
§ 872.30 How does OSM distribute and
award prior balance replacement funds?
* * * * *
(c) At the same time we distribute
prior balance replacement funds to you
under this section, we transfer the same
amount to historic coal funds from
moneys in your State or Tribal share of
the Fund that were allocated to you
before October 1, 2007. The transferred
funds will be available for annual grants
under § 872.21 for the Federal fiscal
year beginning October 1, 2035, and
annually thereafter. We will allocate,
distribute, and award the transferred
VerDate Sep<11>2014 16:05 Jan 13, 2022 Jkt 256001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\14JAR1.SGM 14JAR1
lotter on DSK11XQN23PROD with RULES1
2347
Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations
funds according to the provisions of
§§ 872.21, 872.22, and 872.23.
[FR Doc. 2022–00513 Filed 1–13–22; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0021]
RIN 1625–AA00
Safety Zone; Potomac River, Between
Charles County, MD and King George
County, VA
AGENCY
: Coast Guard, DHS.
ACTION
: Temporary final rule.
SUMMARY
: The Coast Guard is
establishing a temporary safety zone for
certain waters of the Potomac River.
This action is necessary to provide for
the safety of persons, and the marine
environment from the potential safety
hazards associated with construction
operations at the new Governor Harry
W. Nice/Senator Thomas ‘‘Mac’’
Middleton Memorial (US–301) Bridge,
which will occur from 8 p.m. on January
15, 2022 through 8 p.m. on January 22,
2022. This rule will prohibit persons
and vessels from being in the safety
zone unless authorized by the Captain
of the Port, Maryland-National Capital
Region or a designated representative.
DATES
: This rule is effective from 8 p.m.
on January 15, 2022 until 8 p.m. on
January 22, 2022 .
ADDRESSES
: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0021 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT
: If
you have questions on this rule, call or
email Mr. Ron Houck, Sector Maryland-
NCR, Waterways Management Division,
U.S. Coast Guard: telephone 410–576–
2674, email Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION
:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
§ Section
TFR Temporary Final Rule
U.S.C. United States Code
II. Background Information and
Regulatory History
On January 5, 2022, Skanska-Corman-
McLean, Joint Venture, notified the
Coast Guard that the company will be
setting structural steel sections across
the federal navigation channel at the
new Governor Harry W. Nice/Senator
Thomas ‘‘Mac’’ Middleton Memorial
(US–301) Bridge. The bridge contractor
stated the work required to set structural
steel across the channel, originally
scheduled to occur in November 2021,
and rescheduled to December 2021, was
scheduled to occur from January 3,
2022, through January 15, 2022.
However, the unexpected and
unprecedented impacts to the southern
Maryland and northern Virginia region
from the major snow storm on January
3, 2022 halted operations and caused
additional delays. The work is now
scheduled to occur from January 11,
2022, through January 22, 2022. The
work described by the contractor
requires the movement in and anchoring
at multiple points of a large crane barge
within the federal navigation channel.
This crane can accommodate all of the
steel to be hoisted and placed, which
will streamline the operation by
avoiding multiple reloads of steel and
reducing the time in the channel by
multiple days. This operation will
impede vessels requiring the use of the
channel. Note, the Coast Guard has
previously issued other temporary
safety zones at this location for
placement of fender ring elements in
association with construction of the new
bridge (USCG–2021–0127; USCG–2021–
0650; USCG–2021–0745; and USCG–
2021–0906).
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable and contrary
to the public interest. Construction
operations involving large crane heavy
lifts at the new Governor Harry W. Nice/
Senator Thomas ‘‘Mac’’ Middleton
Memorial (US–301) Bridge must occur
within the federal navigation channel.
Immediate action is needed to respond
to the potential safety hazards
associated with bridge construction.
Hazards from the construction
operations include low-hanging or
falling ropes, cables, large piles and
cement cast portions, dangerous
projectiles, and or other debris. We must
establish this safety zone by January 15,
2022 to guard against these hazards.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable and
contrary to the public interest because
immediate action is needed to respond
to the potential safety hazards
associated with construction operations
at the new Governor Harry W. Nice/
Senator Thomas ‘‘Mac’’ Middleton
Memorial (US–301) Bridge to be
conducted within the federal navigation
channel.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The COTP
has determined that potential hazards
associated with bridge construction
starting January 15, 2022, will be a
safety concern for anyone within the
federal navigation channel at the new
Governor Harry W. Nice/Senator
Thomas ‘‘Mac’’ Middleton Memorial
(US–301) Bridge construction site. This
rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters within the safety
zone while the bridge is being
constructed.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 8 p.m. on January 15,
2022, through 8 p.m. on January 22,
2022. The safety zone will cover all
navigable waters of the Potomac River
encompassed by a line connecting the
following points beginning at
38°2150.96N, 076°5922.04W, thence
south to 38°2143.08N, 076°5920.55
W, thence west to 38°2141.00N,
076°5934.90W, thence north to
38°2148.90N, 076°5936.80W, and
east back to the beginning point, located
between Charles County, MD and King
George County, VA.
The duration of the zone is intended
to protect personnel and the marine
environment in these navigable waters
while structural steel is being set across
the federal navigation channel at the
new Governor Harry W. Nice/Senator
Thomas ‘‘Mac’’ Middleton Memorial
(US–301) Bridge.
Except for marine equipment and
vessels operated by Skanska-Corman-
McLean, Joint Venture, or its
VerDate Sep<11>2014 16:05 Jan 13, 2022 Jkt 256001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\14JAR1.SGM 14JAR1
lotter on DSK11XQN23PROD with RULES1

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT