Unknown. Final rule

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2014-12-22.xml --- 79 245 Monday, December 22, 2014 Contents Agriculture Agriculture Department See Forest Service PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 76674-76680 2014-28928 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Advisory Committee and Research and Promotion Background Information, 76298-76299 2014-29806 Guidelines for the Transfer of Excess Computer or Other Technical Equipment, 76298 2014-29798 Antitrust Division Antitrust Division NOTICES Judgments and Competitive Impact Statements:

United States of America v. Continental AG, and Veyance Technologies, Inc., 76371-76385 2014-29862 Antitrust See Antitrust Division Architectural Architectural and Transportation Barriers Compliance Board PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 76770 2014-28974 Consumer Financial Protection Bureau of Consumer Financial Protection PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 76806-76809 2014-28987 Coast Guard Coast Guard RULES Safety Zones:

Elizabeth River; Portsmouth, VA, 76233-76235 2014-29850 PROPOSED RULES Drawbridge Operations: Coquille River, Coos Bay, OR, 76249-76251 2014-29851 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 76682-76704 2014-28929 Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 76804 2014-28985 Copyright Royalty Board Copyright Royalty Board NOTICES Royalty Funds:

Cable and Satellite; Distribution, 76396-76398 2014-29794 2014-29795 Defense Department Defense Department See Navy Department PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 76706-76707, 76796-76801 2014-28957 2014-28984 NOTICES Charter Renewals: Federal Advisory Committees, 76308-76309 2014-29790 Education Department Education Department PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 76710-76711 2014-29408 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: 21st Century Community Learning Centers Annual Performance Report, 76311-76312 2014-29801 Annual Report on Appeals Process, 76311 2014-29804 Charter Schools Program Grant Award Database, 76313 2014-29802 Historically Black Colleges and Univerisities All Star Student Program, 76310-76311 2014-29805 Quarterly Cumulative Caseload Report, 76312-76313 2014-29803 Employment and Training Employment and Training Administration NOTICES Trade Adjustment Assistance;

Determinations: Comcast Cable, Alpharetta, GA, 76386-76387 2014-29828 Worker Adjustment Assistance Eligibility; Determinations, 76387 2014-29824 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 76714-76715 2014-28961 Environmental Protection Environmental Protection Agency RULES Acquisition Regulation: Class Deviation to Notification of Conflicts of Interest Regarding Personnel and Project Employee Confidentiality Agreement, 76239-76241 2014-29868 Air Quality State Implementation Plans;

Approvals and Promulgations: Alabama; Redesignation of the Alabama Portion of the Chattanooga, 1997 PM2.5 Nonattainment Area to Attainment, 76235-76238 2014-29776 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Pennsylvania; Redesignation Request and Associated Maintenance Plan for the Reading, Pennsylvania Nonattainment Area, etc., 76251-76267 2014-29777 Greenhouse Gas Reporting Rule: 2015 Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems;

Public Hearing, 76267-76268 2014-29867 Regulatory Agenda: Semiannual Regulatory Agenda, 76772-76778 2014-28976 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: NESHAP for Friction Materials Manufacture, 76327 2014-29792 Reformulated Gasoline and Conventional Gasoline: Requirements for Refiners, Oxygenate Blenders, etc., 76326-76327 2014-29791 Cross-Media Electronic Reporting: Minnesota; Authorized Program Revision Approval, 76327-76328 2014-29483 National Pollutant Discharge Elimination System General Permits:

Municipal Separate Storm Sewer Systems in the Middle Rio Grande Watershed in New Mexico, 76328-76329 2014-29881 Federal Aviation Federal Aviation Administration PROPOSED RULES Changes to Production Certificates and Approvals: Availability of Proposed Advisory Circulars, 76248-76249 2014-29799 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Aircraft Registration Renewal, 76437 2014-29895 Fatigue Tolerance Evaluation of Metallic Structures, 76438 2014-29901 Financial Responsibility for Licensed Launch Activities, 76436-76437 2014-29905 Flightcrew Member Duty and Rest Requirements, 76435-76436 2014-29897 Organization Designation Authorization, 76436 2014-29893 Type Certification Procedures for Changed Products, 76437-76438 2014-29891 Data and Information Distribution Policy, 76438-76441 2014-29910 Meetings:

RTCA Special Committee 147, Minimum Operational Performance Standards for Traffic Alert and Collision Avoidance Systems Airborne Equipment, 76441-76442 2014-29907 RTCA Special Committee 225, Rechargeable Lithium Battery and Battery Systems, 76441 2014-29909 Petition for Exemption; Summaries, 76442 2014-29796 Federal Communications Federal Communications Commission RULES Television Broadcasting Services: Denver, CO, 76239 2014-29919 PROPOSED RULES Cellular Service Reform of Licensing and Technical Rules, Including Power Limits, 76268-76282 2014-29848 Expanding the Economic and Innovation Opportunities of Spectrum through Incentive Auctions, 76282-76295 2014-29688 Regulatory Agenda:

Semiannual Regulatory Agenda, 76812-76847 2014-28989 Television Broadcasting Services Longview, TX, 76295 2014-29916 Federal Deposit Federal Deposit Insurance Corporation NOTICES Terminations of Receivership: Unity National Bank, Cartersville, GA, 76329 2014-29829 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: ANR Pipeline Co., 76313-76314 2014-29870 Combined Filings, 76314-76316 2014-29898 2014-29899 2014-29900 Environmental Assessments; Availability, etc.:

Dominion Transmission, Inc.; Monroe to Cornwell Project, 76316-76318 2014-29871 Northwest Pipeline, LLC; Kalama Lateral Project, 76319-76321 2014-29872 Public Utility District No. 1 of Snohomish County, 2014-29874 76318-76319 2014-29875 Filings: PJM Interconnection, L.L.C., 76321 2014-29878 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Peninsula Power, LLC, 76321 2014-29879 Meetings; Sunshine Act, 76321-76323 2014-29876 Permit Applications:

CC Energy, LLC, 76323-76324 2014-29873 Qualifying Conduit Hydropower Facilities: Imperial Irrigation District, 76324-76325 2014-29880 Requests under Blanket Authorizations: Columbia Gas Transmission, LLC, 76325-76326 2014-29877 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Action on Proposed Transportation Project: Illinois and Indiana, 76442-76443 2014-29652 Federal Motor Federal Motor Carrier Safety Administration RULES Hours of Service of Drivers, 76241-76242 2014-30028 PROPOSED RULES State Inspection Programs for Passenger-Carrying Vehicles:

Public Meetings, 76295-76297 2014-29853 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Hours of Service of Drivers Regulations, 76443-76445 2014-29861 Federal Reserve Federal Reserve System PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 76850-76853 2014-28990 NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 2014-29771 76329-76330 2014-29894 Food and Drug Food and Drug Administration NOTICES Guidance:

Transfer of a Premarket Notification (510(k)) Clearance -- Questions and Answers, 76331-76333 2014-29832 Meetings: Vaccines and Related Biological Products Advisory Committee, 76333 2014-29860 User Fees: Medical Devices; Assessment of the Process for Device Submissions, 76333-76334 2014-29800 Foreign Trade Foreign-Trade Zones Board NOTICES Alternative Site Framework Reorganization; Applications: Foreign-Trade Zone 122, Corpus Christi, TX, 76301 2014-29927 Forest Forest Service NOTICES 21st Century Conservation Service Corps Partnership Opportunity, 76299-76301 2014-29914 General Services General Services Administration PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 2014-28977 76780-76781, 76796-76801 2014-28984 Health and Human Health and Human Services Department See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service See National Institutes of Health PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 76718-76730 2014-28964 NOTICES Guidance: Disclosing Reasonably Foreseeable Risks in Research Evaluating Standards of Care, 76330 2014-29915 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2014-29772 76334-76336 2014-29837 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 76732-76737 2014-28967 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Thompson v. HUD Research Study, 76346-76347 2014-29885 Indian Health Indian Health Service See Indian Health Service NOTICES Scholarship Programs:

Indian Health Professions Preparatory, Indian Health Professions Pre-Graduate and Indian Health Professions, 76336-76341 2014-29432 Interior Interior Department See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 76740-76742 2014-28968 NOTICES Endangered Species Permit Applications, 76347-76348 2014-29659 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Polyester Staple Fiber from the Republic of Korea, 76301-76302 2014-29921 Fresh Garlic from the People's Republic of China, 76304-76305 2014-29922 Purified Carboxymethylcellulose from Finland, 76302-76304 2014-29924 Trade Missions: Central America in Conjunction with the Trade Americas -- Opportunities in Central America Conference, 76305-76308 2014-29884 International Trade Com International Trade Commission NOTICES Investigations; Terminations, Modifications and Rulings, etc.:

Certain Opaque Polymers, 76368-76370 2014-29808 Meetings; Sunshine Act, 76370 2014-29990 Judicial Conference Judicial Conference of the United States NOTICES Meetings: Advisory Committee on Rules of Appellate Procedure; Cancellation, 76370-76371 2014-29793 Justice Department Justice Department See Antitrust Division PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 76744 2014-28981 Labor Department Labor Department See Employment and Training Administration See Occupational Safety and Health Administration PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 76746-76749 2014-28971 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Office of Federal Contract Compliance Programs Construction Recordkeeping and Reporting Requirements, 76385-76386 2014-29830 Land Land Management Bureau NOTICES Meetings: Pecos District Resource Advisory Council Meeting; Livestock Grazing Subcommittee New Mexico, 76348-76349 2014-29831 Library Library of Congress See Copyright Royalty Board NASA National Aeronautics and Space Administration PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 2014-28984 76784-76785, 76796-76801 2014-28982 National Archives National Archives and Records Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76398 2014-29854 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 76341 2014-29841 Clinical Center, 76344 2014-29845 Diabetes Mellitus Interagency Coordinating Committee, 76342-76343 2014-29883 National Cancer Institute, 2014-29838 76343-76345 2014-29842 National Institute of Neurological Disorders and Stroke, 76343 2014-29844 National Institute of Nursing Research, 76342 2014-29840 National Institute on Deafness and Other Communication Disorders, 76344 2014-29839 Office of the Director, 76341-76342 2014-29843 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries Off West Coast States:

West Coast Commercial and Recreational Salmon Fisheries; Inseason Actions 24 through 44, 76242-76247 2014-29785 National Park National Park Service NOTICES Inventory Completions: Arkansas Archeological Survey, Fayetteville, AR, 76351-76361 2014-29886 Bowers Museum, Santa Ana, CA, 76364-76365 2014-29911 History Colorado, formerly Colorado Historical Society, Denver, CO, 2014-29888 76350-76351, 76362-76364 2014-29890 U.S. Department of Defense, Army; Fort Sill National Historic Landmark and Museum, Fort Sill, OK, 76349-76350 2014-29904 University of Massachusetts Amherst, Department of Anthropology, Amherst, MA;

Correction, 76362 2014-29896 Meetings: 2015 Schedule of Na Hoa Pili O Kaloko-Honokahau Advisory Commission, 76365 2014-29929 Repatriation of Cultural Items: Honolulu Museum of Art, Honolulu, HI, 76365-76366 2014-29902 Southern Oregon Historical Society, Medford, OR, 76368 2014-29892 U.S. Department of Agriculture, Forest Service, Cibola National Forest, Albuquerque, NM, 76367 2014-29903 University of Colorado Museum of Natural History, Boulder, CO, 76366-76367 2014-29908 National Science National Science Foundation NOTICES Privacy Act;

Systems of Records, 76398-76404 2014-29760 Navy Navy Department NOTICES Environmental Impact Statements; Availability, etc.: Military Readiness Activities in the Northwest Training and Testing Study Area; Meetings, 76309-76310 2014-29859 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 76856-76858 2014-28992 NOTICES License Exemptions: ZionSolutions, LLC.; Zion Nuclear Power Station, Units 1 and 2, Independent Spent Fuel Storage Installation, 76404-76407 2014-29889 Meetings;

Sunshine Act, 76407-76408 2014-30064 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Authorization to Open Dockets of Denied Variance Applications for Public Access, 76387-76391 2014-29826 Nationally Recognized Testing Laboratories: Curtis-Straus LLC; Expansion of Recognition, 76393-76394 2014-29825 International Association of Plumbing and Mechanical Officials EGS, 76394-76395 2014-29827 Nemko-CCL, Inc.; Expansion of Recognition, 76391-76393 2014-29823 Personnel Personnel Management Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Deferred Retirement; Persons Separated on or After October 1, 1956, 76408 2014-29940 Meetings: National Council on Federal Labor-Management Relations, 76408-76409 2014-29938 Regulatory Regulatory Information Service Center PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda; Regulatory Plan, 76456-76672 2014-28927 Securities Securities and Exchange Commission PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 76860-76862 2014-28993 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2014-29810 76409-76410 2014-29811 2014-29812 Applications: Wilshire Mutual Funds, Inc., et al., 76411-76415 2014-29809 Self-Regulatory Organizations: Miami International Securities Exchange, LLC, 2014-29815 76415-76417, 76421-76426 2014-29817 2014-29819 The Options Clearing Corp., 76417-76421 2014-29820 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 76432-76435 2014-29814 Chicago Mercantile Exchange Inc., 76428-76432 2014-29818 NYSE Arca, Inc., 76428 2014-29813 NYSE MKT LLC, 76426-76428 2014-29816 Small Business Small Business Administration PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 76788-76793 2014-28983 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76435 2014-29821 Surface Mining Surface Mining Reclamation and Enforcement Office RULES Excess Spoil, Coal Mine Waste, Diversions, and Buffer Zones for Perennial and Intermittent Streams, 76227-76233 2014-29864 Surface Transportation Surface Transportation Board PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 76864 2014-28995 NOTICES Acquisitions and Operations Exemptions:

The Great Lake Port Corporation, D/B/A Grand River Railway from CSX Transportation, Inc., 76445-76446 2014-29866 Quarterly Rail Cost Adjustment Factors, 76446 2014-29863 Trackage Rights Exemptions: Norfolk Southern Railway Co. Delaware and Hudson Railway Company, Inc., 76446-76451 2014-29835 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Surface Transportation Board PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 76752-76768 2014-29407 Treasury Treasury Department NOTICES Meetings: Roundtable Discussion on Financial Access for Money Services Businesses, 76451 2014-29928 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Petition by Entrepreneur to Remove Conditions, 76345 2014-29918 Customs U.S. Customs and Border Protection NOTICES 2015 Payments: Customs Brokers User Fee, 76346 2014-29942 New Date for the April 2015 Customs Broker License Examination, 76346 2014-29941 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Dependency and Indemnity Compensation by Parent(s), Including Accrued Benefits and Death Compensation, 76452-76453 2014-29855 Application in Acquiring Specially Adapted Housing or Special Home Adaptation Grant, 76451-76452 2014-29849 Call Center Satisfaction Survey, 76452 2014-29836 Operation Enduring Freedom/Operation Iraqi Freedom Seriously Injured/Ill Service Member Veteran Worksheet, 76453 2014-29834 Separate Parts In This Issue Part II Regulatory Information Service Center, 76456-76672 2014-28927 Part III Agriculture Department, 76674-76680 2014-28928 Part IV Commerce Department, 76682-76704 2014-28929 Part V Defense Department, 76706-76707 2014-28957 Part VI Education Department, 76710-76711 2014-29408 Part VII Energy Department, 76714-76715 2014-28961 Part VIII Health and Human Services Department, 76718-76730 2014-28964 Part IX Homeland Security Department, 76732-76737 2014-28967 Part X Interior Department, 76740-76742 2014-28968 Part XI Justice Department, 76744 2014-28981 Part XII Labor Department, 76746-76749 2014-28971 Part XIII Transportation Department, 76752-76768 2014-29407 Part XIV Architectural and Transportation Barriers Compliance Board, 76770 2014-28974 Part XV Environmental Protection Agency, 76772-76778 2014-28976 Part XVI General Services Administration, 76780-76781 2014-28977 Part XVII National Aeronautics and Space Administration, 76784-76785 2014-28982 Part XVIII Small Business Administration, 76788-76793 2014-28983 Part XIX Defense Department, 76796-76801 2014-28984 General Services Administration, 76796-76801 2014-28984 National Aeronautics and Space Administration, 76796-76801 2014-28984 Part XX Commodity Futures Trading Commission, 76804 2014-28985 Part XXI Bureau of Consumer Financial Protection, 76806-76809 2014-28987 Part XXII Federal Communications Commission, 76812-76847 2014-28989 Part XXIII Federal Reserve System, 76850-76853 2014-28990 Part XXIV Nuclear Regulatory Commission, 76856-76858 2014-28992 Part XXV Securities and Exchange Commission, 76860-76862 2014-28993 Part XXVI Transportation Department, Surface Transportation Board, 76864 2014-28995 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 79 245 Monday, December 22, 2014 Rules and Regulations DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Parts 780, 784, 816, and 817 RIN 1029-AC69 [Docket ID: OSM-2012-0010; S1D1S SS08011000 SX066A00067F 134S180110;

S2D2S SS08011000 SX066A00 33F 13XS501520] Excess Spoil, Coal Mine Waste, Diversions, and Buffer Zones for Perennial and Intermittent Streams AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Final rule. SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement (OSMRE or OSM), are amending our regulations concerning stream buffer zones, stream-channel diversions, excess spoil, and coal mine waste to comply with an order issued by the U.S.

District Court for the District of Columbia on February 20, 2014, which vacated the stream buffer zone rule that we published December 12, 2008. The court remanded the matter to us for further proceedings consistent with the decision. In relevant part, the Memorandum Decision stated that vacatur of the 2008 stream buffer zone rule resulted in reinstatement of the regulations in effect before the vacated rule took effect. Therefore, the rule that we are publishing today removes the provisions of the vacated 2008 rule and reinstates the corresponding regulations in effect before the effective date of the 2008 rule (January 12, 2009).

DATES: This regulation is effective December 22, 2014. The incorporation by reference of the publication listed in 30 CFR 780.25(a)(2) and 784.16(a)(2) was approved by the Director of the Federal Register on December 22, 2014. FOR FURTHER INFORMATION CONTACT: John Trelease, Division of Regulatory Support,

(202)208-2783, or via email at *jtrelease@osmre.gov.* SUPPLEMENTARY INFORMATION: Table of Contents I. Why are we publishing this rule? II. Why are we publishing this rule as a direct final rule that takes effect immediately? I. Why are we publishing this rule? On December 12, 2008, we published a final rule that amended our regulations concerning stream buffer zones, stream-channel diversions, siltation structures, impoundments, excess spoil, and coal mine waste. See 73 FR 75814-75885. This rule is known as the 2008 stream buffer zone

(SBZ)rule or the 2008 rule. Among other changes, the 2008 rule revised our former regulations at 30 CFR 816.57 and 817.57, related to the mining activities allowed to occur through perennial or intermittent streams, as well as on the surface of land within 100 feet of a perennial or intermittent stream. Prior to the 2008 rule, these two provisions had previously been amended on June 30, 1983 (48 FR 30312-30329). The 2008 rule also added requirements at 30 CFR 780.35 and 784.19 that surface coal mining operations be designed to minimize the creation of excess spoil and the adverse environmental impacts of fills constructed to dispose of excess spoil and coal mine waste. A total of ten organizations challenged the validity of the 2008 SBZ rule in two complaints originally filed on December 22, 2008, and January 16, 2009: *Coal River Mountain Watch, et al.* v. * Salazar,* No. 08-2212 (D.D.C.) and *National Parks Conservation Ass'n* v. * Salazar,* No. 09-115 (D.D.C.). The references to former Secretary of the Interior Ken Salazar in these case titles were subsequently replaced by references to his successor, Sally Jewell. On February 20, 2014, the court vacated the 2008 rule because “OSM's determination that the revisions to the stream protection rule encompassed by the 2008 Rule would have no effect on threatened and endangered species or critical habitat was not a rational conclusion” and that, therefore, OSM's failure to initiate consultation on the 2008 rule was a violation of section 7(a)(2) of the Endangered Species Act. *National Parks Conservation Ass'n (NPCA)* v. * Jewell,* 2014 U.S. Dist. LEXIS 152383 at *21 (D.D.C. Feb. 20, 2014). The court remanded the vacated rule to us for further proceedings consistent with the decision. *Id.* at *35. The court's decision also stated that vacatur of the 2008 rule would result in the reinstatement of the rule that was in effect before the vacated rule took effect. *Id.* at *31. We posted the court's decision on our Web site to notify the public of the ruling shortly after the order was released. The decision has not been appealed. Therefore, consistent with the Memorandum Decision and Order of the court, the rule that we are publishing today reinstates the corresponding provisions of the regulations that were in effect before the effective date of the 2008 rule (January 12, 2009), including the 1983 version of the stream buffer zone rule. In addition, the rule that we are reinstating today updates 30 CFR 780.25(a)(2) and 784.16(a)(2) to include our current physical address and a Web site for accessing a document [the Soil Conservation Service's Technical Release No. 60 (210-VI-TR60, Oct. 1985), entitled “Earth Dams and Reservoirs”] that is incorporated by reference. The rule also reinstates 30 CFR 780.25(a)(3), which was erroneously removed as part of the codification of the 2008 rule. We are reinstating 30 CFR 817.46(b)(3) as it existed prior to adoption of the 2008 rule, which redesignated it as paragraph (b)(2). Redesignated paragraph (b)(2) was erroneously removed during codification of a subsequent technical rulemaking in 2010 (75 FR 60272, Sept. 29, 2010). Finally, as noted above, as a result of the court's decision in *NPCA* v. * Jewell,* the vacatur of the 2008 rule resulted in the reinstatement of the rule that was in effect before the vacated rule took effect. This reinstatement includes 30 CFR 816.46(b)(2) and 817.46(b)(2), which were removed by the 2008 rule. However, prior to the publication of the 2008 rule, these paragraphs were suspended effective December 22, 1986, because those paragraphs were struck down upon judicial review. *See In re: Permanent Surface Mining Regulation Litigation II, Round III,* 620 F. Supp. 1519, 1566-1568 (D.D.C. July 15, 1985) and 51 FR 41961 (Nov. 20, 1986). In this final rule, we are adding a sentence to the end of paragraph (b)(2) in both 30 CFR 816.46 and 817.46 acknowledging the suspension. II. Why are we publishing this rule as a direct final rule that takes effect immediately? We are publishing this rule as a direct final rule without prior notice and opportunity for public comment because this rule is necessary to reflect the court order vacating the 2008 rule, which resulted in reinstatement of the regulations in effect before the effective date of the 2008 rule. See *NPCA* v. * Jewell,* 2014 U.S. Dist. LEXIS 152383 at *31 (D.D.C. Feb. 20, 2014). The court's order was issued on February 20, 2014. Section 553 of the Administrative Procedure Act requires that agencies provide notice and opportunity for comment on all rules, except “when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public comment are impracticable, unnecessary, or contrary to the public interest.” 5 U.S.C. 553(b)(B). In this case, we have determined that notice and opportunity for public comment are unnecessary because, in *NPCA* v. * Jewell,* the court has already vacated the 2008 rule and stated what rules replaced the vacated provisions. In this rulemaking, we are merely making changes to the CFR text to conform to the court's order and are not exercising any discretionary authority. Therefore, public comment would not be useful in determining the content of this final rule. Section 553(d) of the Administrative Procedure Act also provides that agencies must publish a final rule “not less than 30 days before its effective date, except . . . as otherwise provided by the agency for good cause found and published with the rule.” 5 U.S.C. 553(d). For the reasons just discussed, we have determined we have good cause for waiver of the 30-day delay in the effective date of the rule after publication. List of Subjects 30 CFR Part 780 Incorporation by reference, Reporting and recordkeeping requirements, Surface mining. 30 CFR Part 784 Incorporation by reference, Reporting and recordkeeping requirements, Underground mining. 30 CFR Part 816 Environmental protection, Reporting and recordkeeping requirements, Surface mining. 30 CFR Part 817 Environmental protection, Reporting and recordkeeping requirements, Underground mining. Dated: December 13, 2014. Janice M. Schneider, Assistant Secretary—Land and Minerals Management. Accordingly, the Department is amending 30 CFR parts 780, 784, 816 and 817 as set forth below. PART 780—SURFACE MINING PERMIT APPLICATIONS—MINIMUM REQUIREMENT FOR RECLAMATION AND OPERATION PLAN 1. The authority citation for part 780 continues to read as follows: Authority: 30 U.S.C. 1201 *et seq.* and 16 U.S.C. 470 *et seq.* 2. The part heading is revised to read as set forth above. 3. Section 780.10 is revised to read as follows: § 780.10 Information collection.

(a)The collections of information contained in Part 780 have been approved by the Office of Management and Budget under 44 U.S.C. 3501 *et seq.* and assigned clearance number 1029-0036. The information will be used by the regulatory authority to determine whether the applicant can comply with the applicable performance and environmental standards in Public Law 95-87. Response is required to obtain a benefit.

(b)Public Reporting burden for this information is estimated to average 28 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to the Information Collection Clearance Officer, Office of Surface Mining Reclamation and Enforcement, 1951 Constitution Ave. NW., Room 203, Washington, DC 20240; and the Office of Management and Budget, Paperwork Reduction Project 1029-0036, Washington, DC 20503. 4. Amend § 780.14 by revising paragraphs (b)(11) and

(c)to read as follows: § 780.14 Operation plan: Maps and plans.

(b)* * *

(11)Location of each sedimentation pond, permanent water impoundment, coal processing waste bank, and coal processing waste dam and embankment, in accordance with 30 CFR 780.25, and fill area for the disposal of excess spoil in accordance 30 CFR 780.35.

(c)Except as provided in §§ 780.25(a)(2), 780.25(a)(3), 780.35(a), 816.71(b), 816.73(c), 816.74(c) and 816.81(c) of this chapter, cross sections, maps and plans required under paragraphs (b)(4), (5), (6),

(10)and

(11)of this section shall be prepared by, or under the direction of, and certified by a qualified registered professional engineer, a professional geologist, or in any State which authorizes land surveyors to prepare and certify such cross sections, maps and plans, a qualified, registered, professional, land surveyor, with assistance from experts in related fields such as landscape architecture. 5. Amend § 780.25 as follows: a. Revise the section heading, paragraph

(a)introductory text, paragraph (a)(1) introductory text, and paragraph (a)(2); b. Add paragraph (a)(3); c. Revise paragraph (c)(2) and remove paragraph (c)(4); d. Revise paragraph (d); and e. Add paragraphs

(e)and (f). The revisions and additions read as follows: § 780.25 Reclamation plan: Siltation structures, impoundments, banks, dams, and embankments.

(a)*General.* Each application shall include a general plan and a detailed design plan for each proposed siltation structure, water impoundment, and coal processing waste bank, dam, or embankment within the proposed permit area.

(1)Each general plan shall—

(2)Impoundments meeting the Class B or C criteria for dams in the U.S. Department of Agriculture, Soil Conservation Service Technical Release No. 60 (210-VI-TR60, Oct. 1985), “Earth Dams and Reservoirs,” Technical Release No. 60 (TR-60) shall comply with the requirements of this section for structures that meet or exceed the size of other criteria of the Mine Safety and Health Administration (MSHA). The technical release is hereby incorporated by reference. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. TR-60 may be viewed and downloaded from OSM's Web site at *http://www.osmre.gov/programs/TDT/damsafety.shtm.* It also is available for inspection at the OSM Headquarters Office, Office of Surface Mining Reclamation and Enforcement, Administrative Record, Room 252, 1951 Constitution Ave. NW., Washington, DC or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.* Each detailed design plan for a structure that meets or exceeds the size or other criteria of MSHA, § 77.216(a) of this chapter shall:

(i)Be prepared by, or under the direction of, and certified by a qualified registered professional engineer with assistance from experts in related fields such as geology, land surveying, and landscape architecture;

(ii)Include any geotechnical investigation, design, and construction requirements for the structure;

(iii)Describe the operation and maintenance requirements for each structure; and

(iv)Describe the timetable and plans to remove each structure, if appropriate.

(3)Each detailed design plan for structures not included in paragraph (a)(2) of this section shall:

(i)Be prepared by, or under the direction of, and certified by a qualified, registered, professional engineer, or in any State which authorizes land surveyors to prepare and certify such plans, a qualified, registered, professional land surveyor, except that all coal processing waste dams and embankments covered by §§ 816.81-816.84 of this chapter shall be certified by a qualified, registered, professional engineer;

(ii)Include any design and construction requirements for the structure, including any required geotechnical information;

(iii)Describe the operation and maintenance requirements for each structure; and

(iv)Describe the timetable and plans to remove each structure, if appropriate.

(c)* * *

(2)Each plan for an impoundment meeting the size or other criteria of the Mine Safety and Health Administration shall comply with the requirements of §§ 77.216-1 and 77.216-2 of this title. The plan required to be submitted to the District Manager of MSHA under § 77.216 of this title shall be submitted to the regulatory authority as part of the permit application in accordance with paragraph

(a)of this section.

(d)*Coal processing waste banks.* Coal processing waste banks shall be designed to comply with the requirements of 30 CFR 816.81-816.84.

(e)*Coal processing waste dams and embankments.* Coal processing waste dams and embankments shall be designed to comply with the requirements of 30 CFR 816.81-816.84. Each plan shall comply with the requirements of the Mine Safety and Health Administration, 30 CFR 77.216-1 and 77.216-2, and shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area, to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material. The geotechnical investigation shall be planned and supervised by an engineer or engineering geologist, according to the following:

(1)The number, location, and depth of borings and test pits shall be determined using current prudent engineering practice for the size of the dam or embankment, quantity of material to be impounded, and subsurface conditions.

(2)The character of the overburden and bedrock, the proposed abutment sites, and any adverse geotechnical conditions which may affect the particular dam, embankment, or reservoir site shall be considered.

(3)All springs, seepage, and ground water flow observed or anticipated during wet periods in the area of the proposed dam or embankment shall be identified on each plan.

(4)Consideration shall be given to the possibility of mudflows, rock-debris falls, or other landslides into the dam, embankment, or impounded material.

(f)If the structure meets the Class B or C criteria for dams in TR-60 or meets the size or other criteria of § 77.216(a) of this chapter, each plan under paragraphs (b), (c), and

(a)Each application shall contain descriptions, including appropriate maps and cross section drawings, of the proposed disposal site and design of the spoil disposal structures according to 30 CFR 816.71-816.74. These plans shall describe the geotechnical investigation, design, construction, operation, maintenance, and removal, if appropriate, of the site and structures.

(b)Except for the disposal of excess spoil on pre existing benches, each application shall contain the results of a geotechnical investigation of the proposed disposal site, including the following:

(1)The character of bedrock and any adverse geologic conditions in the disposal area,

(2)A survey identifying all springs, seepage, and ground water flow observed or anticipated during wet periods in the area of the disposal site;

(3)A survey of the potential effects of subsidence of the subsurface strata due to past and future mining operations;

(4)A technical description of the rock materials to be utilized in the construction of those disposal structures containing rock chimney cores or underlain by a rock drainage blanket; and

(5)A stability analysis including, but not limited to, strength parameters, pore pressures and long-term seepage conditions. These data shall be accompanied by a description of all engineering design assumptions and calculations and the alternatives considered in selecting the specific design specifications and methods.

(c)If, under 30 CFR 816.71(d), rock-toe buttresses or key-way cuts are required, the application shall include the following:

(1)The number, location, and depth of borings or test pits which shall be determined with respect to the size of the spoil disposal structure and subsurface conditions; and

(2)Engineering specifications utilized to design the rock-toe buttress or key-way cuts which shall be determined in accordance with paragraph (b)(5) of this section. PART 784—UNDERGROUND MINING PERMIT APPLICATIONS-MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN 8. The authority citation for part 784 continues to read as follows: Authority: 30 U.S.C. 1201 *et seq.* and 16 U.S.C. 470 *et seq.* 9. Section 784.10 is revised to read as follows: § 784.10 Information collection.

(a)The collections of information contained in Part 784 have been approved by Office of Management and Budget under 44 U.S.C. 3501 *et seq.* and assigned clearance number 1029-0039. The information will be used to meet the requirements of 30 U.S.C. 1211(b), 1251, 1257, 1258, 1266, and 1309a. The obligation to respond is required to obtain a benefit.

(b)Public reporting burden for this information is estimated to average 513 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. 10. Amend § 784.16 as follows: a. Revise the section heading, paragraph

(a)introductory text, paragraph (a)(1) introductory text, and paragraph (a)(2); b. Revise paragraph (c)(2) and remove paragraph (c)(4); c. Revise paragraph (d); and d. Add paragraphs

(e)and (f). The revisions and additions read as follows: § 784.16 Reclamation plan: Siltation structures, impoundments, banks, dams, and embankments.

(1)Each general plan shall—

(2)Impoundments meeting the Class B or C criteria for dams in the U.S. Department of Agriculture, Soil Conservation Service Technical Release No. 60 (210-VI-TR60, Oct. 1985), “Earth Dams and Reservoirs,” Technical Release No. 60 (TR-60) shall comply with the requirements of this section for structures that meet or exceed the size or other criteria of the Mine Safety and Health Administration (MSHA). The technical release is hereby incorporated by reference. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. TR-60 may be viewed or downloaded from OSM's Web site at *http://www.osmre.gov/programs/TDT/damsafety.shtm.* It also is available for inspection at the OSM Headquarters Office, Office of Surface Mining Reclamation and Enforcement, Administrative Record, Room 252, 1951 Constitution Ave. NW., Washington, DC or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.* Each detailed design plan for a structure that meets or exceeds the size or other criteria of MSHA, § 77.216(a) of this chapter shall:

(ii)Include any geotechnical investigation, design, and construction requirements for the structure;

(iii)Describe the operation and maintenance requirements for each structure; and

(iv)Describe the timetable and plans to remove each structure, if appropriate.

(c)* * *

(2)Each plan for an impoundment meeting the size of other criteria of the Mine Safety and Health Administration shall comply with the requirements of §§ 77.216-1 and 77.216-2 of this title. The plan required to be submitted to the District Manager of MSHA under § 77.216 of this title shall be submitted to the regulatory authority as part of the permit application in accordance with paragraph

(a)of this section.

(d)*Coal processing waste banks.* Coal processing waste banks shall be designed to comply with the requirements of 30 CFR 817.81 through 817.84.

(e)*Coal processing waste dams and embankments.* Coal processing waste dams and embankments shall be designed to comply with the requirements of 30 CFR 817.81 through 817.84. Each plan shall comply with the requirements of the Mine Safety and Health Administration, 30 CFR 77.216-1 and 77.216-2, and shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area, to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material. The geotechnical investigation shall be planned and supervised by an engineer or engineering geologist, according to the following:

(3)All springs, seepage, and ground water flow observed or anticipated during wet periods in the area of the proposed dam or embankment shall be identified on each plan.

(4)Consideration shall be given to the possibility of mudflows, rock-debris falls, or other landslides into the dam, embankment, or impounded material.

(f)If the structure meets the Class B or C criteria for dams in TR-60 or meets the size or other criteria of § 77.216(a) of this chapter, each plan under paragraphs (b), (c), and

(e)of this section shall include a stability analysis of the structure. The stability analysis shall include, but not be limited to, strength parameters, pore pressures, and long-term seepage conditions. The plan shall also contain a description of each engineering design assumption and calculation with a discussion of each alternative considered in selecting the specific design parameters and construction methods. 11. Revise § 784.19 to read as follows: § 784.19 Underground development waste. Each plan shall contain descriptions, including appropriate maps and cross section drawings of the proposed disposal methods and sites for placing underground development waste and excess spoil generated at surface areas affected by surface operations and facilities, according to 30 CFR 817.71 through 817.74. Each plan shall describe the geotechnical investigation, design, construction, operation, maintenance and removal, if appropriate, of the structures and be prepared according to 30 CFR 780.35. 12. Amend § 784.23 by revising paragraphs (b)(10) and

(c)to read as follows: § 784.23 Operation plan: Maps and plans.

(b)* * *

(10)Location of each sedimentation pond, permanent water impoundment, coal processing waste bank, and coal processing waste dam and embankment, in accordance with 30 CFR 784.16 and disposal areas for underground development waste and excess spoil, in accordance with 30 CFR 784.19;

(c)Except as provided in §§ 784.16(a)(2), 784.16(a)(3), 784.19, 817.71(b), 817.73(c), 817.74(c) and 817.81(c) of this chapter, cross sections, maps and plans required under paragraphs (b)(4), (5), (6),

(10)and

(11)of this section shall be prepared by, or under the direction of, and certified by a qualified, registered, professional engineer, a professional geologist, or in any State which authorizes land surveyors to prepare and certify such cross sections, maps and plans, a qualified, registered, professional, land surveyor, with assistance from experts in related fields such as landscape architecture. § 784.28 [Removed] 13. Remove § 784.28. PART 816—PERMANENT PROGRAM PERFORMANCE STANDARDS—SURFACE MINING ACTIVITIES 14. The authority citation for part 816 is revised to read as follows: Authority: 30 U.S.C. 1201 *et seq.;* and sec 115 of Pub. L. 98-146. 15. Section 816.10 is revised to read as follows: § 816.10 Information collection.

(a)The collections of information contained in part 816 have been approved by the Office of Management and Budget under 44 U.S.C. 3501 *et seq.* and assigned clearance number 1029-0047. The information will be used by the regulatory authority to monitor and inspect surface coal mining activities to ensure that they are in compliance with the Surface Mining Control and Reclamation Act. Response is required to obtain a benefit.

(b)Public Reporting Burden for this information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to the Information Collection Clearance Officer, Office of Surface Mining Reclamation and Enforcement, 1951 Constitution Ave. NW., Room 203, Washington, DC 20240; and the Office of Management and Budget, Paperwork Reduction Project (1029-0047), Washington, DC 20503. 16. In § 816.11, revise paragraph

(e)to read as follows: § 816.11 Signs and markers.

(e)*Buffer zone markers.* Buffer zones shall be marked along their boundaries as required under § 816.57. 17. Amend § 816.43 as follows: a. Revise paragraph (a)(3); b. Remove paragraph (a)(4) and redesignate paragraph (a)(5) as paragraph (a)(4); c. Revise paragraphs (b)(1) and (b)(4); and d. Remove paragraph (b)(5). The revisions will read as follows: § 816.43 Diversions.

(a)* * *

(3)Temporary diversions shall be removed promptly when no longer needed to achieve the purpose for which they were authorized. The land disturbed by the removal process shall be restored in accordance with this part. Before diversions are removed, downstream water-treatment facilities previously protected by the diversion shall be modified or removed, as necessary, to prevent overtopping or failure of the facilities. This requirement shall not relieve the operator from maintaining water-treatment facilities as otherwise required. A permanent diversion or a stream channel reclaimed after the removal of a temporary diversion shall be designed and constructed so as to restore or approximate the premining characteristics of the original stream channel including the natural riparian vegetation to promote the recovery and the enhancement of the aquatic habitat.

(b)* * *

(1)Diversion of perennial and intermittent streams within the permit area may be approved by the regulatory authority after making the finding relating to stream buffer zones that the diversion will not adversely affect the water quantity and quality and related environmental resources of the stream.

(4)The design and construction of all stream channel diversions of perennial and intermittent streams shall be certified by a qualified registered professional engineer as meeting the performance standards of this part and any design criteria set by the regulatory authority. 18. Amend § 816.46 by redesignating paragraphs (b)(2) through (b)(5) as paragraphs (b)(3) through (b)(6), respectively, and by adding a new paragraph (b)(2) to read as follows: § 816.46 Hydrologic balance: Siltation structures.

(b)* * *

(2)All surface drainage from the disturbed area shall be passed through a siltation structure before leaving the permit area, except as provided in paragraph (b)(5) or

(e)of this section. The requirements of this paragraph are suspended effective December 22, 1986, per court order. 19. Revise § 816.57 to read as follows: § 816.57 Hydrologic balance: Stream buffer zones.

(a)No land within 100 feet of a perennial stream or an intermittent stream shall be disturbed by surface mining activities, unless the regulatory authority specifically authorizes surface mining activities closer to, or through, such a stream. The regulatory authority may authorize such activities only upon finding that—

(1)Surface mining activities will not cause or contribute to the violation of applicable State or Federal water quality standards, and will not adversely affect the water quantity and quality or other environmental resources of the stream; and

(2)If there will be a temporary or permanent stream-channel diversion, it will comply with § 816.43.

(b)The area not to be disturbed shall be designated as a buffer zone, and the operator shall mark it as specified in § 816.11. 20. In § 816.71, revise paragraphs

(a)through

(d)to read as follows: § 816.71 Disposal of excess spoil: General requirements.

(a)*General.* Excess spoil shall be placed in designated disposal areas within the permit area, in a controlled manner to—

(1)Minimize the adverse effects of leachate and surface water runoff from the fill on surface and ground waters;

(2)Ensure mass stability and prevent mass movement during and after construction; and

(3)Ensure that the final fill is suitable for reclamation and revegetation compatible with the natural surroundings and the approved postmining land use.

(b)*Design certification.*

(1)The fill and appurtenant structures shall be designed using current, prudent engineering practices and shall meet any design criteria established by the regulatory authority. A qualified registered professional engineer experienced in the design of earth and rock fills shall certify the design of the fill and appurtenant structures.

(2)The fill shall be designed to attain a minimum long-term static safety factor of 1.5. The foundation and abutments of the fill must be stable under all conditions of construction.

(c)*Location.* The disposal area shall be located on the most moderately sloping and naturally stable areas available, as approved by the regulatory authority, and shall be placed, where possible, upon or above a natural terrace, bench, or berm, if such placement provides additional stability and prevents mass movement.

(d)*Foundation.*

(1)Sufficient foundation investigations, as well as any necessary laboratory testing of foundation material, shall be performed in order to determine the design requirements for foundation stability. The analyses of foundation conditions shall take into consideration the effect of underground mine workings, if any, upon the stability of the fill and appurtenant structures.

(2)Where the slope in the disposal area is in excess of 2.8h:1v (36 percent), or such lesser slope as may be designated by the regulatory authority based on local conditions, keyway cuts (excavations to stable bedrock) or rock toe buttresses shall be constructed to ensure stability of the fill. Where the toe of the spoil rests on a downslope, stability analyses shall be performed in accordance with § 780.35(c) of this chapter to determine the size of rock toe buttresses and keyway cuts. PART 817—PERMANENT PROGRAM PERFORMACNE STANDARDS—UNDERGROUND MINING ACTIVITIES 21. The authority citation for part 817 continues to read as follows: Authority: 30 U.S.C. 1201 *et seq.* 22. Section 817.10 is revised to read as follows: § 817.10 Information collection.

(a)The collections of information contained in Part 817 have been approved by Office of Management and Budget under 44 U.S.C. 3501 *et seq.* and assigned clearance number 1029-0048. The information will be used to meet the requirements of 30 U.S.C. 1211, 1251, 1266, and 1309a which provide, among other things, that permittees conducting underground coal mining operations will meet the applicable performance standards of the Act. This information will be used by the regulatory authority in monitoring and inspecting underground mining activities. The obligation to respond is required to obtain a benefit.

(b)Public reporting burden for this information is estimated to average 4 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. 23. In § 817.11, revise paragraph

(e)to read as follows: § 817.11 Signs and markers.

(e)*Buffer zone markers.* Buffer zones required by § 817.57 shall be clearly marked to prevent disturbance by surface operations and facilities. 24. Amend § 817.43 as follows: a. Revise paragraph (a)(3); b. Remove paragraph (a)(4) and redesignate paragraph (a)(5) as paragraph (a)(4); c. Revise paragraphs (b)(1) and (b)(4); and d. Remove paragraph (b)(5). The revisions will read as follows: § 817.43 Diversions.

(a)* * *

(b)* * *

(1)Diversion of perennial and intermittent streams within the permit area may be approved by the regulatory authority after making the finding relating to stream buffer zones called for in 30 CFR 817.57 that the diversions will not adversely affect the water quantity and quality and related environmental resources of the stream.

(4)The design and construction of all stream channel diversions of perennial and intermittent streams shall be certified by a qualified registered professional engineer as meeting the performance standards of this part and any design criteria set by the regulatory authority. 25. Amend § 817.46 by redesignating paragraphs (b)(2) through (b)(5) as paragraphs (b)(4) through (b)(7), respectively, and by adding new paragraphs (b)(2) and (b)(3) to read as follows. § 817.46 Hydrologic balance: Siltation structures.

(b)* * *

(2)All surface drainage from the disturbed area shall be passed through a siltation structure before leaving the permit area, except as provided in paragraph (b)(5) or

(e)of this section. The requirements of this paragraph are suspended effective December 22, 1986, per court order.

(3)Siltation structures for an area shall be constructed before beginning any underground mining activities in that area, and upon construction shall be certified by a qualified registered professional engineer, or, in any State which authorizes land surveyors to prepare and certify plans in accordance with § 784.16(a) of this chapter, a qualified registered professional land surveyor, to be constructed as designed and as approved in the reclamation plan. 26. Revise § 817.57 to read as follows: § 817.57 Hydrologic balance: Stream buffer zones.

(a)No land within 100 feet of a perennial stream or an intermittent stream shall be disturbed by underground mining activities, unless the regulatory authority specifically authorizes underground mining activities closer to, or through, such a stream. The regulatory authority may authorize such activities only upon finding that—

(1)Underground mining activities will not cause or contribute to the violation of applicable State or Federal water quality standards and will not adversely affect the water quantity and quality or other environmental resources of the stream; and

(2)If there will be a temporary or permanent stream-channel diversion, it will comply with § 817.43.

(b)The area not to be disturbed shall be designated as a buffer zone, and the operator shall mark it as specified in § 817.11. 27. In § 817.71, revise paragraphs

(a)through

(d)and add a new paragraph

(k)to read as follows: § 817.71 Disposal of excess spoil: General requirements.

(a)*General.* Excess spoil shall be placed in designated disposal areas within the permit area, in a controlled manner to—

(1)Minimize the adverse effects of leachate and surface water runoff from the fill on surface and ground waters;

(2)Ensure mass stability and prevent mass movement during and after construction; and

(3)Ensure that the final fill is suitable for reclamation and revegetation compatible with the natural surroundings and the approved postmining land use.

(b)*Design certification.*

(2)The fill shall be designed to attain a minimum long-term static safety factor of 1.5. The foundation and abutments of the fill must be stable under all conditions of construction.

(d)*Foundation.*

(2)When the slope in the disposal area is in excess of 2.8h:lv (36 percent), or such lesser slope as may be designated by the regulatory authority based on local conditions, keyway cuts (excavations to stable bedrock) or rock toe buttresses shall be constructed to ensure stability of the fill. Where the toe of the spoil rests on a downslope, stability analyses shall be performed in accordance with § 784.19 of this chapter to determine the size of rock toe buttresses and keyway cuts.

(k)*Face-up operations.* Spoil resulting from face-up operations for underground coal mine development may be placed at drift entries as part of a cut and fill structure, if the structure is less than 400 feet in horizontal length, and designed in accordance with § 817.71. [FR Doc. 2014-29864 Filed 12-19-14; 8:45 am]

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