Public Hearing and Public Comment Period on Termination of Federal Enforcement for Parts of the Missouri Permanent Regulatory Program, 48925-48929 [05-16573]
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Federal Register / Vol. 70, No. 161 / Monday, August 22, 2005 / Proposed Rules
§ 1.408A–4
IRAs.
Converting amounts to Roth
*
*
*
*
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Q–14. [The text of proposed
regulation §1.408A–4, Q–14 is the same
as the text of §1.408A–4T, Q–14
published elsewhere in this issue of the
Federal Register].
Q–14. [The text of proposed
regulation § 1.408A–4, Q–14 and A–14
is the same as the text of § 1.408A–4T,
Q–14 and A–14 published elsewhere in
this issue of the Federal Register].
Mark E. Matthews,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 05–16404 Filed 8–19–05; 8:45 am]
BILLING CODE 4830–01–P
5. On page 46348, in the first column,
in the second paragraph, in the first
sentence, change the word ‘‘applied’’ to
‘‘apply’’.
§ 22.4
[Corrected]
6. On page 46352, in the second
column, in the first sentence of the rule
text for § 22.4(a), change the term ‘‘the
active investigation of’’ to ‘‘an active
investigation’’.
§ 23.3
[Corrected]
7. On page 46352, in the second
column, in the first sentence of the rule
text for § 23.3(a), change the term ‘‘the
active investigation of’’ to ‘‘an active
investigation’’.
Dated: August 16, 2005.
Robert M. Friend,
Acting Deputy Assistant Secretary.
[FR Doc. 05–16559 Filed 8–19–05; 8:45 am]
DEPARTMENT OF LABOR
Mine Safety and Health Administration
BILLING CODE 4510–43–P
30 CFR Parts 5, 15, 18, 19, 20, 22, 23,
27, 28, 33, 35, and 36
DEPARTMENT OF THE INTERIOR
RIN 1219–AB38
Fees for Testing, Evaluation, and
Approval of Mining Products;
Correction
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 925
[Docket No. MO–738]
Mine Safety and Health
Administration (MSHA), Labor.
ACTION: Proposed rule; correction.
AGENCY:
SUMMARY: This document corrects the
preamble to a proposed rule published
in the Federal Register of August 9,
2005, regarding fees for testing,
evaluation, and approval of mining
products.
FOR FURTHER INFORMATION CONTACT:
Rebecca J. Smith, Acting Director, Office
of Standards, Regulations, and
Variances, MSHA, 1100 Wilson Blvd.,
Room 2313, Arlington, Virginia 22209–
3939, smith-rebecca@dol.gov, (202) 693–
9440 (telephone), (202) 693–9441
(facsimile).
Corrections
1. On page 46345, in the first column,
under Addresses, change the e-mail
address from ‘‘comments@msha.gov’’ to
‘‘zzmsha-comments@dol.gov’’.
2. On page 46345, in the first column,
under ‘‘Regular Mail or Hand Delivery,’’
change the zip code to ‘‘22209–3939’’.
3. On page 46346, in the third
column, in the third paragraph under
‘‘Section 5.30 Fee Calculation,’’ in the
second sentence, change the word
‘‘revised’’ to ‘‘existing’’.
4. On page 46347, in the first column,
in the second full paragraph, in the
sixth sentence, change the term ‘‘part 5’’
to ‘‘part 15’’.
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Public Hearing and Public Comment
Period on Termination of Federal
Enforcement for Parts of the Missouri
Permanent Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; notice of public
comment period and public hearing.
AGENCY:
SUMMARY: We, the Office of Surface
Mining Reclamation and Enforcement
(OSM), announced our decision to
substitute Federal enforcement for parts
of the Missouri permanent regulatory
program (Missouri program) on August
22, 2003 (68 FR 50944). We are
announcing today that the Governor of
Missouri petitioned us to consider
returning to Missouri the authority to
enforce those parts of the Missouri
program for which we substituted
Federal enforcement. The Missouri
Department of Natural Resources, Air
and Land Protection Division, Land
Reclamation Program (MLRP) is the
regulatory authority responsible for
implementing and enforcing the
Missouri program. If we approve
Missouri’s petition, we will terminate
Federal enforcement for those parts of
the Missouri program for which we
substituted Federal enforcement and
return full enforcement authority to the
MLRP.
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48925
We are providing an opportunity for
interested persons to comment on the
Missouri Governor’s petition to
reassume authority of those parts of the
Missouri program currently being
enforced by us (Administrative Record
No. MO–664.42). This document gives
the dates and times during which
interested persons may submit written
comments or participate in the
scheduled public hearing regarding
Missouri’s petition. This document also
includes the procedures that we will
follow for the public hearing.
DATES: We will accept written
comments until 4 p.m., c.d.t., September
29, 2005. Comments received after this
time may not be considered in our
findings on the petition from the
Governor of Missouri to reassume
authority of the Missouri program.
Public Hearing: We will hold a public
hearing on the proposed rule on
September 22, 2005, at 2 p.m., c.d.t. We
will accept requests to speak at the
public hearing until 4 p.m., c.d.t. on
September 16, 2005. If you wish to
attend and speak at the hearing, you
should follow the procedures under the
‘‘Public Comment Procedures’’ heading
of the SUPPLEMENTARY INFORMATION
section of this document.
ADDRESSES: You may submit comments,
identified by Docket No. MO–738, by
any of the following methods:
• E-mail: MCR_AMEND@osmre.gov.
Include Docket No. MO–738 in the
subject line of the message.
• Mail/Hand Delivery: Andrew R.
Gilmore, Chief, Alton Field Division,
Office of Surface Mining Reclamation
and Enforcement, 501 Belle Street,
Alton, Illinois 62002.
• Fax: (618) 463–6470.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Comment Procedures’’ heading
of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to
review copies of all administrative
record documents referenced in this
document, a listing of any scheduled
public hearings, and all written
comments received in response to this
document, you must go to the address
listed below during normal business
hours, Monday through Friday,
excluding holidays. Andrew R. Gilmore,
Chief, Alton Field Division, Office of
Surface Mining Reclamation and
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Enforcement, 501 Belle Street, Alton,
Illinois 62002, Telephone: (618) 463–
6460, E-mail: MCR_AMEND@osmre.gov.
If you wish to attend the public
hearing, it will be held at the following
location:
The Missouri Department of Natural
Resources, 1738 East Elm Street,
Bennett Springs Room, Jefferson City,
Missouri 65102.
FOR FURTHER INFORMATION CONTACT:
Andrew R. Gilmore, Chief, Alton Field
Division. Telephone: (618) 463–6460. Email: MCR_AMEND@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Missouri Program
II. Missouri’s Responses to Required
Remedial Actions
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Missouri Program
Section 503(a) of the Act permits a
State to assume primacy for the
regulation of surface coal mining and
reclamation operations on non-Federal
and non-Indian lands within its borders
by demonstrating that its State program
includes, among other things, ‘‘a State
law which provides for the regulation of
surface coal mining and reclamation
operations in accordance with the
requirements of this Act * * *; and
rules and regulations consistent with
regulations issued by the Secretary
pursuant to this Act.’’ See 30 U.S.C.
1253(a)(1) and (7). On the basis of these
criteria, the Secretary conditionally
approved the Missouri program on
November 21, 1980. You can find
background information on the Missouri
program, including the Secretary’s
findings, the disposition of comments,
and conditions of approval, in the
November 21, 1980, Federal Register
(45 FR 77017). You can also find later
actions concerning the Missouri
program and program amendments at 30
CFR 925.10, 925.12, 925.15, 925.16,
925.17, 925.18, and 925.19.
On June 19, 2003, the MLRP notified
us that the Missouri Legislature passed
House Bill (HB) 6 that appropriated
funds for the Missouri program. In HB
6, the Missouri Legislature did not fully
fund the Missouri program for the
period beginning July 1, 2003, and
ending June 30, 2004. The Missouri
Legislature only appropriated funds for
bond forfeiture reclamation activities.
The Governor of Missouri signed the
appropriation bill on May 30, 2003
(Administrative Record No. MO–664).
On July 2, 2003, we met with the
MLRP at the Missouri Department of
Natural Resources’ office in Jefferson
City, Missouri (Administrative Record
No. MO–664.1). During the meeting, the
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MLRP made a presentation, including a
series of slides, describing the recently
approved appropriation bill. HB 6
contained a severe cut in general
revenue dollars available as State
matching funds for the regulatory
program. The MLRP advised us that the
moneys that were available for the
regulatory program would only be used
for bond forfeiture reclamation
activities. Also, the MLRP advised us
that the State Legislature appropriated
Federal funds for the abandoned mine
land reclamation (AMLR) program. In
addition, the MLRP explained that as of
July 18, 2003, existing regulatory
program staff, with the exception of four
full-time employees, would be
transferred to other programs and that it
would not be able to implement and
maintain its inspection, enforcement,
permitting, or bond release
responsibilities under the currently
approved Missouri program. The four
full-time employees would perform the
bond forfeiture reclamation activities
that were authorized by the State
Legislature. The MLRP indicated that it
would try to gain full program funding
from the Missouri Legislature for Fiscal
Year (FY) 2005.
On July 21, 2003, the Governor of
Missouri notified us that the State of
Missouri was experiencing difficult
budget and revenue shortfalls
(Administrative Record No. MO–664.3).
As a result of the revenue shortfalls, he
requested assistance with permit
reviews, inspection activities, and
general oversight of the active coal
mining operations in the State. He
indicated that Missouri had adequate
funding and staff available to maintain
design and reclamation efforts for bond
forfeiture sites, as well as sufficient
funding and staff to maintain the AMLR
program, including the emergency
program. He also indicated that he was
hopeful his request would be temporary
and that he would continue to work
with the Legislature in an attempt to
assure adequate funding for all of
Missouri’s regulatory program
responsibilities.
On August 4, 2003, we notified the
Governor of Missouri that we were
obligated, in accordance with 30 CFR
733.12(e), to substitute Federal
enforcement for parts of the Missouri
program. We cited Missouri’s failure to
fund and staff the Missouri program in
several areas including inspection,
enforcement, permitting, and bonding
activities (Administrative Record No.
MO–664.4).
In accordance with the provisions of
30 CFR 733.12(f), we announced our
decision, effective August 22, 2003, to
institute direct Federal enforcement for
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those parts of the Missouri program that
were not fully funded and staffed. We
suspended the authority of the MLRP to
enforce all portions of the Missouri
program except bond forfeiture
reclamation activities. We determined
that the MLRP had sufficient funding
and staff to implement and maintain
bond forfeiture reclamation activities.
With this substitution of Federal
enforcement authority, we outlined a
process, including remedial actions, by
which Missouri could regain full
authority for its program (68 FR 50944).
On April 15, 2004, we clarified our
substitution of Federal enforcement for
parts of the Missouri program and made
findings on the status of the Missouri
program (69 FR 19927).
On May 3, 2004, the MLRP notified us
that the Missouri Legislature failed to
fully fund the Missouri program for the
period beginning July 1, 2004, and
ending June 30, 2005 (Administrative
Record No. MO–664.22). In the same
letter, the MLRP outlined its financial
and organizational plans to submit a
request to its division and department
legislative staff to propose funding and
staffing that would be needed to
reassume authority of the complete
active coal regulatory program
beginning July 1, 2005. On May 25,
2004, we notified the MLRP that based
on its May 3, 2004, submittal, we would
continue the current Federal
substitution plan for one more year
(Administrative Record No. MO–
664.24).
By letter dated May 2, 2005, the
MLRP notified us that the Director of
the Missouri Department of Natural
Resources (MDNR) had agreed to seek
full return of the regulatory program to
Missouri. The MLRP also requested a
meeting with us to discuss the plan for
the return of the program to Missouri.
The MLRP noted that the State budget
includes the necessary funding and
staffing allocations and that it plans to
use remaining past coal fee funds to
match the Federal regulatory grant for
FY 2006 (Administrative Record No.
MO–664.39).
By letter dated May 12, 2005, we
advised the MLRP that before Missouri
can reassume full authority to
implement and enforce the Missouri
program, the MLRP must complete the
remedial measures specified in 30 CFR
925.18. In accordance with 30 CFR
925.18(c), we requested that the MLRP
submit a detailed description of the past
coal fee funds that it proposed to use to
match the Federal regulatory grant. We
also requested that the MLRP provide us
with a Missouri Attorney General’s
opinion on the legality of using these
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funds (Administrative Record No. MO–
664.40).
On May 26, 2005, we met with the
Deputy Director of the MDNR to discuss
(1) funding; (2) current staff for the
forfeiture program and AMLR plan; (3)
Cooperative Agreement funding
beginning July 1, 2005, until we approve
the return of authority to Missouri; (4)
procedural matters; (5) program issues;
and (6) bond forfeiture site reclamation
progress (Administrative Record No.
MO–664.44).
By letter dated May 27, 2005, the
Governor of Missouri petitioned us to
consider returning to Missouri the
authority to implement and enforce
those parts of the Missouri program for
which we substituted Federal
enforcement (Administrative Record No.
MO–664.42).
On June 28, 2005, the Director of the
MDNR submitted information on the
funding and staffing plans that the
MLRP would use to assume full
enforcement authority for the Missouri
program as required by 30 CFR
925.18(c). The Director of the MDNR
also provided the Missouri Attorney
General’s written opinion on the legality
of the funding proposal (Administrative
Record No. MO–664.48).
II. Missouri’s Responses to Required
Remedial Actions
A. In order for the MLRP to
demonstrate its intent and capability to
fully implement and enforce the
Missouri program as approved by the
Secretary, we required the MLRP to
complete certain remedial actions,
which we codified at 30 CFR 925.18.
The Federal regulation at 30 CFR 925.19
provides that we will consider returning
to the MLRP the authority suspended
under 30 CFR 925.17 provided that the
State has accomplished all remedial
actions specified under 30 CFR 925.18;
and the MLRP petitions us in writing to
consider returning authority to the
State. On May 27, 2005, we received a
petition from the Governor of Missouri
requesting that we return, to the State,
the enforcement authority that was
suspended under 30 CFR 925.17
(Administrative Record No. MO–
664.42). Described below are Missouri’s
responses to the required remedial
actions.
B. 30 CFR 925.18 State Remedial
Actions. 1. 30 CFR 925.18(a)—We
required the MLRP to submit to us, by
August 22, 2003, a list of all outstanding
enforcement actions specifying the
abatement date set for each cited
violation. On July 22, 2003, the Missouri
Attorney General’s office provided us
with a copy of all outstanding
enforcement actions (Administrative
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Record No. MO–664.13). The notices of
violation and cessation orders specified
the abatement date set for each cited
violation. On April 15, 2004, we
determined that the MLRP had satisfied
this required remedial action, and we
removed paragraph (a) from 30 CFR
925.18. See 69 FR 19932, dated April
15, 2004.
2. 30 CFR 925.18(b)—In accordance
with the requirements of the approved
Missouri program, the MLRP was to
complete administrative disposition of
all enforcement actions that were
initiated before August 22, 2003. As
applicable, the MLRP was to conduct
penalty assessments, hold informal
conferences and hearings, collect
penalties, and terminate or vacate
enforcement actions. On November 25,
2003, the MLRP notified us that it had
completed administrative disposition of
five enforcement actions that were
initiated before August 22, 2003
(Administrative Record No. MO–
664.17). Additionally, on February 18,
2004, the MLRP notified us that it had
completed administrative disposition of
the balance of its enforcement actions
(Administrative Record No. MO–
664.18A).
3. 30 CFR 925.18(c)—Within 30 days
of the date on which OSM has received
and acknowledged an accurate
description of available funding for the
regulatory program, the MLRP must
submit to OSM a plan to reassume full
authority for the Missouri program. At
a minimum, the proposal must provide
specific and adequate provisions that
address funding, staffing, and adherence
to the approved program. On June 28,
2005, the Director of the MDNR
submitted information on the funding
and staffing plans that the MLRP would
use to assume full enforcement
authority for the Missouri program as
required by 30 CFR 925.18(c). The
Director of the MDNR also provided the
Missouri Attorney General’s written
opinion on the legality of the funding
proposal (Administrative Record No.
MO–664.48).
4. 30 CFR 925.18(d)—Starting on
April 1, 2004, the MLRP was to submit
to us a report monthly on its progress
in obtaining full funding for the
Missouri program. The MLRP submitted
monthly update reports on its progress
in obtaining the funding and staffing
needed to reassume its program
beginning on May 3, 2004, and
continuing through July 7, 2005
(Administrative Record Nos. MO–
644.22, MO–664.23, MO–664.26—MO–
664.34, MO–664.36—MO–664.45, and
MO–664.50).
5. 30 CFR 925.18(e)—Effective
September 8, 2003, the MLRP was to
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take all steps necessary to ensure that all
records, documents, correspondence,
inspector logs, etc. were made secure
and to supply copies of all documents
to us upon request. Beginning in July
2003, the MLRP provided access to all
materials that we requested
(Administrative Record No. MO–
664.13). The MLRP also provided us
with copies of all items, such as permit
review documents and bond release
applications, that were pending when it
lost funding for the State program. On
April 15, 2004, we determined that the
MLRP had satisfied this required
remedial action, and we removed
paragraph (e) from 30 CFR 925.18. See
69 FR 19932, dated April 15, 2004.
After the close of the public comment
period and public hearing, we will
announce in the Federal Register our
decision on Missouri’s responses to the
required remedial actions at 30 CFR
925.18.
III. Public Comment Procedures
In accordance with 30 CFR 925.19(b),
we are announcing a public comment
period and a public hearing to provide
interested parties a means to comment
on Missouri’s petition to reassume full
authority for those parts of the Missouri
program that we directly enforce, as
specified under 30 CFR 925.17, and the
termination of Federal enforcement for
those parts of the Missouri program.
After the public comment period and
after we review all available
information, we will publish our
decision to grant in whole or in part or
to deny Missouri’s petition to reassume
full authority for the Missouri program
in accordance with 30 CFR 925.19(c).
Written Comments
Send your written or electronic
comments to OSM at the address given
above. Your written comments should
be specific and pertain only to the issue
of whether we should terminate Federal
enforcement and return full regulatory
authority to the State of Missouri. Please
include explanations in support of your
comments. We will not consider your
comments if they are received after the
close of the comment period (see
DATES). We will make every attempt to
log all comments into the administrative
record, but comments delivered to an
address other than the Alton Field
Division may not be logged in.
Electronic Comments
Please submit Internet comments as
an ASCII or Word file avoiding the use
of special characters and any form of
encryption. Please also include ‘‘Attn:
Docket No. MO–738’’ and your name
and return address in your Internet
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message. If you do not receive a
confirmation that we have received your
Internet message, contact the Alton
Field Division at (618) 463–6460.
Availability of Comments
We will make comments, including
names and addresses of respondents,
available for public review during
normal business hours. We will not
consider anonymous comments. If
individual respondents request
confidentiality, we will honor their
request to the extent allowable by law.
Individual respondents who wish to
withhold their name or address from
public review, except for the city or
town, must state this prominently at the
beginning of their comments. We will
make all submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, available
for public review in their entirety.
Public Hearing
The scope of the public hearing will
include matters relevant to whether we
should grant Missouri’s petition to
reassume authority for those parts of the
Missouri program that we directly
enforce and terminate Federal
enforcement for those parts of the
Missouri program.
If you wish to speak at the public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT by 4
p.m., c.d.t. on September 16, 2005. If
you are disabled and need special
accommodations to attend a public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT.
To assist the transcriber and ensure an
accurate record, we request, if possible,
that each person who speaks at the
public hearing provide us with a written
copy of his or her comments. The public
hearing will continue on the specified
date until everyone scheduled to speak
has been given an opportunity to be
heard. If you are in the audience and
have not been scheduled to speak and
wish to do so, you will be allowed to
speak after those who have been
scheduled. We will end the hearing after
everyone scheduled to speak and others
present in the audience who wish to
speak, have been heard.
In addition, we will follow the
hearing format and rules of procedure
listed below.
1. The hearing will be informal in
nature. We will only accept oral and
written comments.
2. We ask that attendees sign in upon
entering the hearing room.
3. Those wishing to speak must sign
the Speaker Registration Form.
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4. Speakers will be called in the order
in which they register.
5. Based on the number of speakers in
attendance, each participant may be
limited to 10 minutes.
IV. Procedural Determinations
Executive Order 12630—Takings
This rule does not have takings
implications. This determination is
based upon the nature of the action
being taken.
Executive Order 12866—Regulatory
Planning and Review
This rule is exempted from review by
the Office of Management and Budget
(OMB) under Executive Order 12866.
Executive Order 12988—Civil Justice
Reform
The Department of the Interior has
conducted the reviews required by
section 3 of Executive Order 12988 and
has determined that this rule meets the
applicable standards of subsections (a)
and (b) of that section. Under sections
503 and 505 of SMCRA (30 U.S.C. 1253
and 1255) and the Federal regulations at
30 CFR 730.11, 732.15, and
732.17(h)(10), decisions on State
regulatory programs must be based
solely on a determination of whether the
program is consistent with SMCRA and
its implementing Federal regulations
and whether the other requirements of
30 CFR parts 730, 731, and 732 have
been met.
Executive Order 13132—Federalism
This rule does not have federalism
implications. SMCRA delineates the
roles of the Federal and State
Governments with regard to the
regulation of surface coal mining and
reclamation operations. One of the
purposes of SMCRA is to ‘‘establish a
nationwide program to protect society
and the environment from the adverse
effects of surface coal mining
operations.’’ Section 503(a)(1) of
SMCRA requires that State laws
regulating surface coal mining and
reclamation operations be ‘‘in
accordance with’’ the requirements of
SMCRA, and section 503(a)(7) requires
that State programs contain rules and
regulations ‘‘consistent with’’
regulations issued by the Secretary
pursuant to SMCRA.
Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
In accordance with Executive Order
13175, we have evaluated the potential
effects of this rule on Federallyrecognized Indian tribes and have
determined that the rule does not have
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substantial direct effects on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
This determination is based on the fact
that there are no Federally-recognized
Indian tribes in the State of Missouri
and that the Missouri program does not
regulate coal exploration and surface
coal mining and reclamation operations
on Indian lands. Therefore, the Missouri
program has no effect on Federallyrecognized Indian tribes.
Executive Order 13211—Regulations
That Significantly Affect the Supply,
Distribution, or Use of Energy
On May 18, 2001, the President issued
Executive Order 13211 which requires
agencies to prepare a Statement of
Energy Effects for a rule that is (1)
considered significant under Executive
Order 12866, and (2) likely to have a
significant adverse effect on the supply,
distribution, or use of energy. Because
this rule is exempt from review under
Executive Order 12866 and is not
expected to have a significant adverse
effect on the supply, distribution, or use
of energy, a Statement of Energy Effects
is not required.
National Environmental Policy Act
This rule does not require an
environmental impact statement
because section 702(d) of SMCRA (30
U.S.C. 1292(d)) provides that agency
decisions on State regulatory programs
do not constitute major Federal actions
within the meaning of section 102(2)(C)
of the National Environmental Policy
Act (42 U.S.C. 4332(2)(C)).
Paperwork Reduction Act
This rule does not contain
information collection requirements that
require approval by OMB under the
Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior
certifies that the return of regulatory
authority to the State of Missouri for
those portions of the Missouri
permanent regulatory program for
which we are currently substituting
Federal enforcement will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). The rule is not
expected to result in additional costs to
the regulated industry.
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Federal Register / Vol. 70, No. 161 / Monday, August 22, 2005 / Proposed Rules
Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule: (a) Does not have an annual
effect on the economy of $100 million;
(b) will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions; and (c) does not
have significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises. This
determination is based upon the fact
that the rule is not expected to result in
additional costs to the regulated
industry.
Unfunded Mandates
The return of regulatory authority to
the State of Missouri for those portions
of the Missouri permanent regulatory
program for which we are currently
substituting Federal enforcement will
not impose an unfunded mandate on
State, local, or tribal governments or the
private sector of $100 million or more
in any given year. This determination is
based upon the nature of the action
being taken.
List of Subjects in 30 CFR Part 925
Intergovernmental relations, Surface
mining, Underground mining.
Dated: August 8, 2005.
Chad Calvert,
Acting Assistant Secretary for Land and
Minerals Management.
[FR Doc. 05–16573 Filed 8–19–05; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD13–05–023]
RIN 1625–AA09
Drawbridge Operation Regulations;
Willamette River, Portland, OR
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
revise the drawbridge operation
regulations for bridges on the
Willamette River, Oregon. This
proposed revision would reorganize the
text into a more understandable format
VerDate jul<14>2003
16:05 Aug 19, 2005
Jkt 205001
with minor editing of the regulations,
and change the operating regulations for
the draw of the Burnside Bridge across
the Willamette River, mile 12.4, at
Portland, Oregon. The proposed change
to the Burnside Bridge operating
regulation will enable the bridge owner
to provide single-leaf operation of the
bridge, except during the Rose Festival,
to facilitate major structural and
mechanical rehabilitation of the bridge.
Repairs are currently expected to last
approximately two years, after which it
is expected that the operating regulation
will be revised to provide for doubleleaf operation again.
DATES: Comments and related material
must reach the Coast Guard on or before
October 21, 2005.
ADDRESSES: You may mail comments
and related material to Commander
(oan), 13th Coast Guard District, 915
Second Avenue, Seattle, WA 98174–
1067 where the public docket for this
rulemaking is maintained. Comments
and material received from the public,
as well as documents indicated in this
preamble as being available in the
docket, will become part of this docket
and will be available for inspection or
copying at the Aids to Navigation and
Waterways Management Branch
between 7:30 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Austin Pratt, Chief, Bridge Section, 13th
Coast Guard District, (206)220–7282.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking (CGD13–05–023),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know they reached us, please enclose
a stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period. We may change
this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for a meeting by writing to the Aids to
Navigation and Waterways Management
Branch at the address under ADDRESSES
explaining why one would be
beneficial. If we determine that one
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
48929
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
The operating regulations currently in
effect for the drawbridges on the
Willamette River are at 33 CFR 117.897.
The regulations as they are currently
written are confusing as to which
exceptions apply to which bridge. The
reorganization of the text will simplify
and clarify the regulations.
The proposed rule would also enable
Multnomah County, the owner of the
Burnside Bridge, to rehabilitate the
structure. The work includes repairing
the drawbridge mechanism, replacing
the concrete deck and repairing
corroded steel. One side would be
disabled throughout the period. The
operable side will be indicated via a
Local Notice to Mariners.
The Burnside Bridge in the closed
position provides 65.5 feet of vertical
clearance above 0.0 datum according to
the Corps of Engineers at the center of
the bascule and 205 feet of horizontal
clearance. Drawbridge openings are
provided on average 40 times monthly
for recreational vessels, tugs and tows,
and floating construction equipment.
This averages less than twice a day for
opening frequency.
The current regulation provides that
the spans need not open for the passage
of vessels from 7 a.m. to 9 a.m. and from
4 p.m. to 6 p.m., Monday through
Friday, except New Years Day,
Memorial Day, the Fourth of July, Labor
Day, Thanksgiving Day, and Christmas
Day. From 8 a.m. to 5 p.m., Monday
through Friday, one hour’s notice is
required for all openings of the upper
deck of the Steel Bridge, the Burnside
Bridge and the Morrison Bridge, and
two hours notice is required at all other
times for those 3 bridges. Notice at least
2 hours in advance is also required at all
other times to open the draws of the
Broadway and Hawthorne Bridges. The
draw operates on signal during Rose
Festival Week and whenever the river
level reaches and remains above +12
feet.
Reorganization of Text
This proposed rule would reorganize
the text of 33 CFR 117.897. Currently,
the regulation is confusing as to which
exceptions to normal bridge operations
apply to which bridges. This change
will enhance and facilitate
comprehension of the regulation.
The conflict between the open period,
from 8 a.m. to 5 p.m., and the closed
periods, from 7 a.m. to 9 a.m. and from
4 p.m. to 6 p.m., would be resolved by
changing the open period hours to 9
E:\FR\FM\22AUP1.SGM
22AUP1
]]>Agencies
[Federal Register Volume 70, Number 161 (Monday, August 22, 2005)]
[Proposed Rules]
[Pages 48925-48929]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16573]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 925
[Docket No. MO-738]
Public Hearing and Public Comment Period on Termination of
Federal Enforcement for Parts of the Missouri Permanent Regulatory
Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; notice of public comment period and public
hearing.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), announced our decision to substitute Federal enforcement for
parts of the Missouri permanent regulatory program (Missouri program)
on August 22, 2003 (68 FR 50944). We are announcing today that the
Governor of Missouri petitioned us to consider returning to Missouri
the authority to enforce those parts of the Missouri program for which
we substituted Federal enforcement. The Missouri Department of Natural
Resources, Air and Land Protection Division, Land Reclamation Program
(MLRP) is the regulatory authority responsible for implementing and
enforcing the Missouri program. If we approve Missouri's petition, we
will terminate Federal enforcement for those parts of the Missouri
program for which we substituted Federal enforcement and return full
enforcement authority to the MLRP.
We are providing an opportunity for interested persons to comment
on the Missouri Governor's petition to reassume authority of those
parts of the Missouri program currently being enforced by us
(Administrative Record No. MO-664.42). This document gives the dates
and times during which interested persons may submit written comments
or participate in the scheduled public hearing regarding Missouri's
petition. This document also includes the procedures that we will
follow for the public hearing.
DATES: We will accept written comments until 4 p.m., c.d.t., September
29, 2005. Comments received after this time may not be considered in
our findings on the petition from the Governor of Missouri to reassume
authority of the Missouri program.
Public Hearing: We will hold a public hearing on the proposed rule
on September 22, 2005, at 2 p.m., c.d.t. We will accept requests to
speak at the public hearing until 4 p.m., c.d.t. on September 16, 2005.
If you wish to attend and speak at the hearing, you should follow the
procedures under the ``Public Comment Procedures'' heading of the
SUPPLEMENTARY INFORMATION section of this document.
ADDRESSES: You may submit comments, identified by Docket No. MO-738, by
any of the following methods:
E-mail: MCR--AMEND@osmre.gov. Include Docket No. MO-738 in
the subject line of the message.
Mail/Hand Delivery: Andrew R. Gilmore, Chief, Alton Field
Division, Office of Surface Mining Reclamation and Enforcement, 501
Belle Street, Alton, Illinois 62002.
Fax: (618) 463-6470.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. For detailed instructions on
submitting comments and additional information on the rulemaking
process, see the ``Public Comment Procedures'' heading of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: For access to the docket to review copies of all
administrative record documents referenced in this document, a listing
of any scheduled public hearings, and all written comments received in
response to this document, you must go to the address listed below
during normal business hours, Monday through Friday, excluding
holidays. Andrew R. Gilmore, Chief, Alton Field Division, Office of
Surface Mining Reclamation and
[[Page 48926]]
Enforcement, 501 Belle Street, Alton, Illinois 62002, Telephone: (618)
463-6460, E-mail: MCR--AMEND@osmre.gov.
If you wish to attend the public hearing, it will be held at the
following location:
The Missouri Department of Natural Resources, 1738 East Elm Street,
Bennett Springs Room, Jefferson City, Missouri 65102.
FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Chief, Alton Field
Division. Telephone: (618) 463-6460. E-mail: MCR--AMEND@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Missouri Program
II. Missouri's Responses to Required Remedial Actions
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Missouri Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its State program includes, among other things, ``a State law which
provides for the regulation of surface coal mining and reclamation
operations in accordance with the requirements of this Act * * *; and
rules and regulations consistent with regulations issued by the
Secretary pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On
the basis of these criteria, the Secretary conditionally approved the
Missouri program on November 21, 1980. You can find background
information on the Missouri program, including the Secretary's
findings, the disposition of comments, and conditions of approval, in
the November 21, 1980, Federal Register (45 FR 77017). You can also
find later actions concerning the Missouri program and program
amendments at 30 CFR 925.10, 925.12, 925.15, 925.16, 925.17, 925.18,
and 925.19.
On June 19, 2003, the MLRP notified us that the Missouri
Legislature passed House Bill (HB) 6 that appropriated funds for the
Missouri program. In HB 6, the Missouri Legislature did not fully fund
the Missouri program for the period beginning July 1, 2003, and ending
June 30, 2004. The Missouri Legislature only appropriated funds for
bond forfeiture reclamation activities. The Governor of Missouri signed
the appropriation bill on May 30, 2003 (Administrative Record No. MO-
664).
On July 2, 2003, we met with the MLRP at the Missouri Department of
Natural Resources' office in Jefferson City, Missouri (Administrative
Record No. MO-664.1). During the meeting, the MLRP made a presentation,
including a series of slides, describing the recently approved
appropriation bill. HB 6 contained a severe cut in general revenue
dollars available as State matching funds for the regulatory program.
The MLRP advised us that the moneys that were available for the
regulatory program would only be used for bond forfeiture reclamation
activities. Also, the MLRP advised us that the State Legislature
appropriated Federal funds for the abandoned mine land reclamation
(AMLR) program. In addition, the MLRP explained that as of July 18,
2003, existing regulatory program staff, with the exception of four
full-time employees, would be transferred to other programs and that it
would not be able to implement and maintain its inspection,
enforcement, permitting, or bond release responsibilities under the
currently approved Missouri program. The four full-time employees would
perform the bond forfeiture reclamation activities that were authorized
by the State Legislature. The MLRP indicated that it would try to gain
full program funding from the Missouri Legislature for Fiscal Year (FY)
2005.
On July 21, 2003, the Governor of Missouri notified us that the
State of Missouri was experiencing difficult budget and revenue
shortfalls (Administrative Record No. MO-664.3). As a result of the
revenue shortfalls, he requested assistance with permit reviews,
inspection activities, and general oversight of the active coal mining
operations in the State. He indicated that Missouri had adequate
funding and staff available to maintain design and reclamation efforts
for bond forfeiture sites, as well as sufficient funding and staff to
maintain the AMLR program, including the emergency program. He also
indicated that he was hopeful his request would be temporary and that
he would continue to work with the Legislature in an attempt to assure
adequate funding for all of Missouri's regulatory program
responsibilities.
On August 4, 2003, we notified the Governor of Missouri that we
were obligated, in accordance with 30 CFR 733.12(e), to substitute
Federal enforcement for parts of the Missouri program. We cited
Missouri's failure to fund and staff the Missouri program in several
areas including inspection, enforcement, permitting, and bonding
activities (Administrative Record No. MO-664.4).
In accordance with the provisions of 30 CFR 733.12(f), we announced
our decision, effective August 22, 2003, to institute direct Federal
enforcement for those parts of the Missouri program that were not fully
funded and staffed. We suspended the authority of the MLRP to enforce
all portions of the Missouri program except bond forfeiture reclamation
activities. We determined that the MLRP had sufficient funding and
staff to implement and maintain bond forfeiture reclamation activities.
With this substitution of Federal enforcement authority, we outlined a
process, including remedial actions, by which Missouri could regain
full authority for its program (68 FR 50944).
On April 15, 2004, we clarified our substitution of Federal
enforcement for parts of the Missouri program and made findings on the
status of the Missouri program (69 FR 19927).
On May 3, 2004, the MLRP notified us that the Missouri Legislature
failed to fully fund the Missouri program for the period beginning July
1, 2004, and ending June 30, 2005 (Administrative Record No. MO-
664.22). In the same letter, the MLRP outlined its financial and
organizational plans to submit a request to its division and department
legislative staff to propose funding and staffing that would be needed
to reassume authority of the complete active coal regulatory program
beginning July 1, 2005. On May 25, 2004, we notified the MLRP that
based on its May 3, 2004, submittal, we would continue the current
Federal substitution plan for one more year (Administrative Record No.
MO-664.24).
By letter dated May 2, 2005, the MLRP notified us that the Director
of the Missouri Department of Natural Resources (MDNR) had agreed to
seek full return of the regulatory program to Missouri. The MLRP also
requested a meeting with us to discuss the plan for the return of the
program to Missouri. The MLRP noted that the State budget includes the
necessary funding and staffing allocations and that it plans to use
remaining past coal fee funds to match the Federal regulatory grant for
FY 2006 (Administrative Record No. MO-664.39).
By letter dated May 12, 2005, we advised the MLRP that before
Missouri can reassume full authority to implement and enforce the
Missouri program, the MLRP must complete the remedial measures
specified in 30 CFR 925.18. In accordance with 30 CFR 925.18(c), we
requested that the MLRP submit a detailed description of the past coal
fee funds that it proposed to use to match the Federal regulatory
grant. We also requested that the MLRP provide us with a Missouri
Attorney General's opinion on the legality of using these
[[Page 48927]]
funds (Administrative Record No. MO-664.40).
On May 26, 2005, we met with the Deputy Director of the MDNR to
discuss (1) funding; (2) current staff for the forfeiture program and
AMLR plan; (3) Cooperative Agreement funding beginning July 1, 2005,
until we approve the return of authority to Missouri; (4) procedural
matters; (5) program issues; and (6) bond forfeiture site reclamation
progress (Administrative Record No. MO-664.44).
By letter dated May 27, 2005, the Governor of Missouri petitioned
us to consider returning to Missouri the authority to implement and
enforce those parts of the Missouri program for which we substituted
Federal enforcement (Administrative Record No. MO-664.42).
On June 28, 2005, the Director of the MDNR submitted information on
the funding and staffing plans that the MLRP would use to assume full
enforcement authority for the Missouri program as required by 30 CFR
925.18(c). The Director of the MDNR also provided the Missouri Attorney
General's written opinion on the legality of the funding proposal
(Administrative Record No. MO-664.48).
II. Missouri's Responses to Required Remedial Actions
A. In order for the MLRP to demonstrate its intent and capability
to fully implement and enforce the Missouri program as approved by the
Secretary, we required the MLRP to complete certain remedial actions,
which we codified at 30 CFR 925.18. The Federal regulation at 30 CFR
925.19 provides that we will consider returning to the MLRP the
authority suspended under 30 CFR 925.17 provided that the State has
accomplished all remedial actions specified under 30 CFR 925.18; and
the MLRP petitions us in writing to consider returning authority to the
State. On May 27, 2005, we received a petition from the Governor of
Missouri requesting that we return, to the State, the enforcement
authority that was suspended under 30 CFR 925.17 (Administrative Record
No. MO-664.42). Described below are Missouri's responses to the
required remedial actions.
B. 30 CFR 925.18 State Remedial Actions. 1. 30 CFR 925.18(a)--We
required the MLRP to submit to us, by August 22, 2003, a list of all
outstanding enforcement actions specifying the abatement date set for
each cited violation. On July 22, 2003, the Missouri Attorney General's
office provided us with a copy of all outstanding enforcement actions
(Administrative Record No. MO-664.13). The notices of violation and
cessation orders specified the abatement date set for each cited
violation. On April 15, 2004, we determined that the MLRP had satisfied
this required remedial action, and we removed paragraph (a) from 30 CFR
925.18. See 69 FR 19932, dated April 15, 2004.
2. 30 CFR 925.18(b)--In accordance with the requirements of the
approved Missouri program, the MLRP was to complete administrative
disposition of all enforcement actions that were initiated before
August 22, 2003. As applicable, the MLRP was to conduct penalty
assessments, hold informal conferences and hearings, collect penalties,
and terminate or vacate enforcement actions. On November 25, 2003, the
MLRP notified us that it had completed administrative disposition of
five enforcement actions that were initiated before August 22, 2003
(Administrative Record No. MO-664.17). Additionally, on February 18,
2004, the MLRP notified us that it had completed administrative
disposition of the balance of its enforcement actions (Administrative
Record No. MO-664.18A).
3. 30 CFR 925.18(c)--Within 30 days of the date on which OSM has
received and acknowledged an accurate description of available funding
for the regulatory program, the MLRP must submit to OSM a plan to
reassume full authority for the Missouri program. At a minimum, the
proposal must provide specific and adequate provisions that address
funding, staffing, and adherence to the approved program. On June 28,
2005, the Director of the MDNR submitted information on the funding and
staffing plans that the MLRP would use to assume full enforcement
authority for the Missouri program as required by 30 CFR 925.18(c). The
Director of the MDNR also provided the Missouri Attorney General's
written opinion on the legality of the funding proposal (Administrative
Record No. MO-664.48).
4. 30 CFR 925.18(d)--Starting on April 1, 2004, the MLRP was to
submit to us a report monthly on its progress in obtaining full funding
for the Missouri program. The MLRP submitted monthly update reports on
its progress in obtaining the funding and staffing needed to reassume
its program beginning on May 3, 2004, and continuing through July 7,
2005 (Administrative Record Nos. MO-644.22, MO-664.23, MO-664.26--MO-
664.34, MO-664.36--MO-664.45, and MO-664.50).
5. 30 CFR 925.18(e)--Effective September 8, 2003, the MLRP was to
take all steps necessary to ensure that all records, documents,
correspondence, inspector logs, etc. were made secure and to supply
copies of all documents to us upon request. Beginning in July 2003, the
MLRP provided access to all materials that we requested (Administrative
Record No. MO-664.13). The MLRP also provided us with copies of all
items, such as permit review documents and bond release applications,
that were pending when it lost funding for the State program. On April
15, 2004, we determined that the MLRP had satisfied this required
remedial action, and we removed paragraph (e) from 30 CFR 925.18. See
69 FR 19932, dated April 15, 2004.
After the close of the public comment period and public hearing, we
will announce in the Federal Register our decision on Missouri's
responses to the required remedial actions at 30 CFR 925.18.
III. Public Comment Procedures
In accordance with 30 CFR 925.19(b), we are announcing a public
comment period and a public hearing to provide interested parties a
means to comment on Missouri's petition to reassume full authority for
those parts of the Missouri program that we directly enforce, as
specified under 30 CFR 925.17, and the termination of Federal
enforcement for those parts of the Missouri program.
After the public comment period and after we review all available
information, we will publish our decision to grant in whole or in part
or to deny Missouri's petition to reassume full authority for the
Missouri program in accordance with 30 CFR 925.19(c).
Written Comments
Send your written or electronic comments to OSM at the address
given above. Your written comments should be specific and pertain only
to the issue of whether we should terminate Federal enforcement and
return full regulatory authority to the State of Missouri. Please
include explanations in support of your comments. We will not consider
your comments if they are received after the close of the comment
period (see DATES). We will make every attempt to log all comments into
the administrative record, but comments delivered to an address other
than the Alton Field Division may not be logged in.
Electronic Comments
Please submit Internet comments as an ASCII or Word file avoiding
the use of special characters and any form of encryption. Please also
include ``Attn: Docket No. MO-738'' and your name and return address in
your Internet
[[Page 48928]]
message. If you do not receive a confirmation that we have received
your Internet message, contact the Alton Field Division at (618) 463-
6460.
Availability of Comments
We will make comments, including names and addresses of
respondents, available for public review during normal business hours.
We will not consider anonymous comments. If individual respondents
request confidentiality, we will honor their request to the extent
allowable by law. Individual respondents who wish to withhold their
name or address from public review, except for the city or town, must
state this prominently at the beginning of their comments. We will make
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public review in their entirety.
Public Hearing
The scope of the public hearing will include matters relevant to
whether we should grant Missouri's petition to reassume authority for
those parts of the Missouri program that we directly enforce and
terminate Federal enforcement for those parts of the Missouri program.
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., c.d.t. on
September 16, 2005. If you are disabled and need special accommodations
to attend a public hearing, contact the person listed under FOR FURTHER
INFORMATION CONTACT.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at the public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone scheduled to
speak has been given an opportunity to be heard. If you are in the
audience and have not been scheduled to speak and wish to do so, you
will be allowed to speak after those who have been scheduled. We will
end the hearing after everyone scheduled to speak and others present in
the audience who wish to speak, have been heard.
In addition, we will follow the hearing format and rules of
procedure listed below.
1. The hearing will be informal in nature. We will only accept oral
and written comments.
2. We ask that attendees sign in upon entering the hearing room.
3. Those wishing to speak must sign the Speaker Registration Form.
4. Speakers will be called in the order in which they register.
5. Based on the number of speakers in attendance, each participant
may be limited to 10 minutes.
IV. Procedural Determinations
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based upon the nature of the action being taken.
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 and has determined that this rule
meets the applicable standards of subsections (a) and (b) of that
section. Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255)
and the Federal regulations at 30 CFR 730.11, 732.15, and
732.17(h)(10), decisions on State regulatory programs must be based
solely on a determination of whether the program is consistent with
SMCRA and its implementing Federal regulations and whether the other
requirements of 30 CFR parts 730, 731, and 732 have been met.
Executive Order 13132--Federalism
This rule does not have federalism implications. SMCRA delineates
the roles of the Federal and State Governments with regard to the
regulation of surface coal mining and reclamation operations. One of
the purposes of SMCRA is to ``establish a nationwide program to protect
society and the environment from the adverse effects of surface coal
mining operations.'' Section 503(a)(1) of SMCRA requires that State
laws regulating surface coal mining and reclamation operations be ``in
accordance with'' the requirements of SMCRA, and section 503(a)(7)
requires that State programs contain rules and regulations ``consistent
with'' regulations issued by the Secretary pursuant to SMCRA.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on Federally-recognized Indian tribes
and have determined that the rule does not have substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
This determination is based on the fact that there are no Federally-
recognized Indian tribes in the State of Missouri and that the Missouri
program does not regulate coal exploration and surface coal mining and
reclamation operations on Indian lands. Therefore, the Missouri program
has no effect on Federally-recognized Indian tribes.
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
This rule does not require an environmental impact statement
because section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that
agency decisions on State regulatory programs do not constitute major
Federal actions within the meaning of section 102(2)(C) of the National
Environmental Policy Act (42 U.S.C. 4332(2)(C)).
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior certifies that the return of
regulatory authority to the State of Missouri for those portions of the
Missouri permanent regulatory program for which we are currently
substituting Federal enforcement will not have a significant economic
impact on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). The rule is not expected to
result in additional costs to the regulated industry.
[[Page 48929]]
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not
have an annual effect on the economy of $100 million; (b) will not
cause a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions; and (c) does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises. This determination is based upon the fact that the rule is
not expected to result in additional costs to the regulated industry.
Unfunded Mandates
The return of regulatory authority to the State of Missouri for
those portions of the Missouri permanent regulatory program for which
we are currently substituting Federal enforcement will not impose an
unfunded mandate on State, local, or tribal governments or the private
sector of $100 million or more in any given year. This determination is
based upon the nature of the action being taken.
List of Subjects in 30 CFR Part 925
Intergovernmental relations, Surface mining, Underground mining.
Dated: August 8, 2005.
Chad Calvert,
Acting Assistant Secretary for Land and Minerals Management.
[FR Doc. 05-16573 Filed 8-19-05; 8:45 am]
BILLING CODE 4310-05-P
