Wyoming Abandoned Mine Land Reclamation Plan, 14643-14645 [06-2757]
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Federal Register / Vol. 71, No. 56 / Thursday, March 23, 2006 / Rules and Regulations
Administration, 7500 Standish Pl.,
Rockville, MD 20855, 301–827–7543, email: melanie.berson@fda.hhs.gov.
ScheringPlough Animal Health Corp., 556 Morris
Ave., Summit, NJ 07901, filed a
supplement to NADA 141–081 for the
veterinary prescription use of ORBAX
(orbifloxacin) Tablets for management of
diseases in dogs and cats associated
with bacteria susceptible to
orbifloxacin. The supplemental NADA
provides for revised animal safety
labeling, specifically, the addition of
postapproval adverse drug experience
information and fluoroquinolone class
statements regarding retinal toxicity in
cats. The supplemental NADA is
approved as of March 3, 2006, and the
regulations are amended in 21 CFR
520.1616 to reflect a current format. The
basis of approval is discussed in the
freedom of information summary.
In accordance with the freedom of
information provisions of 21 CFR part
20 and 21 CFR 514.11(e)(2)(ii), a
summary of safety and effectiveness
data and information submitted to
support approval of this application
may be seen in the Division of Dockets
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852, between 9
a.m. and 4 p.m., Monday through
Friday.
The agency has determined under 21
CFR 25.33(d)(5) that this action is of a
type that does not individually or
cumulatively have a significant effect on
the human environment. Therefore,
neither an environmental assessment
nor an environmental impact statement
is required.
This rule does not meet the definition
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
it is a rule of ‘‘articular applicability.’’
Therefore, it is not subject to the
congressional review requirements in 5
U.S.C. 801–808.
SUPPLEMENTARY INFORMATION:
List of Subjects in 21 CFR Part 520
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR part 520 is amended as follows:
I
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PART 520—ORAL DOSAGE FORM
NEW ANIMAL DRUGS
1. The authority citation for 21 CFR
part 520 continues to read as follows:
I
Authority: 21 U.S.C. 360b.
2. Revise § 520.1616 to read as
follows:
I
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13:41 Mar 22, 2006
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§ 520.1616
Orbifloxacin.
(a) Specifications. Each tablet
contains 5.7, 22.7, or 68 milligrams (mg)
orbifloxacin.
(b) Sponsor. See No. 000061 in
§ 510.600(c) of this chapter.
(c) Conditions of use in dogs and
cats—(1) Amount. 2.5 to 7.5 mg per
kilogram body weight once daily.
(2) Indications for use. For
management of diseases associated with
bacteria susceptible to orbifloxacin.
(3) Limitations. Federal law restricts
this drug to use by or on the order of
a licensed veterinarian. Federal law
prohibits the extralabel use of this drug
in food producing animals.
Dated: March 14, 2006.
Steven D. Vaughn,
Director, Office of New Animal Drug
Evaluation, Center for Veterinary Medicine.
[FR Doc. 06–2791 Filed 3–22–06; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 950
[WY–033–FOR]
Wyoming Abandoned Mine Land
Reclamation Plan
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of
amendment.
AGENCY:
SUMMARY: We are approving an
amendment to the Wyoming abandoned
mine land reclamation (AMLR) plan
(hereinafter referred to as the ‘‘Wyoming
Plan’’ or ‘‘Plan’’) under the Surface
Mining Control and Reclamation Act of
1977 (SMCRA or the Act). Wyoming
proposed revisions and additions to its
abandoned mine land (AML) Plan by
removing phrases concerning liens for
reclamation on private lands and by
removing and adding words concerning
contract eligibility. Wyoming intended
to revise its Plan in accordance with the
amendments required by OSM to make
it consistent with SMCRA.
DATES: Effective Date: March 23, 2006.
FOR FURTHER INFORMATION CONTACT:
Richard W. Buckley, Acting Field Office
Director, Telephone: 307/261–6550; Email address: RBuckley@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Wyoming Plan
II. Submission of the Proposed Amendment
III. Office of Surface Mining Reclamation and
Enforcement’s (OSM) Findings
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14643
IV. Summary and Disposition of Comments
V. OSM’s Decision
VI. Procedural Determinations
I. Background on the Wyoming Plan
The Abandoned Mine Land
Reclamation Program was established
by Title IV of the Act (30 U.S.C. 1201
et seq.) in response to concerns over
extensive environmental damage caused
by past coal mining activities. The
program is funded by a reclamation fee
collected on each ton of coal that is
produced. The money collected is used
to finance the reclamation of abandoned
coal mines and for other authorized
activities. Section 405 of the Act allows
States and Indian tribes to assume
exclusive responsibility for reclamation
activity within the State or on Indian
lands if they develop and submit to the
Secretary of the Interior for approval, a
program (often referred to as a plan) for
the reclamation of abandoned coal
mines. On February 14, 1983, the
Secretary of the Interior approved the
Wyoming Plan. You can find general
background information on the
Wyoming Plan, including the
Secretary’s findings and the disposition
of comments, in the February 14, 1983,
Federal Register (48 FR 6536). You can
also find later actions concerning
Wyoming’s Plan and plan amendments
at 30 CFR 950.35 and outstanding
required amendments at 30 CFR 950.36.
II. Submission of the Proposed
Amendment
By letter dated September 1, 2005,
Wyoming sent us an amendment to its
Plan (Administrative Record No. WY–
038–01) under SMCRA (30 U.S.C. 1201
et seq.). Wyoming sent the amendment
in response to the required plan
amendments at 30 CFR 950.36(a) and (b)
to make its Plan consistent with
SMCRA.
The provisions of the Wyoming Plan
that it proposed to add to or revise were:
Wyoming Statute (W.S.) 35–11–1206(a)
and (b), liens for reclamation on private
lands; and W.S. 35–11–1209, contract
eligibility.
We announced receipt of the
proposed amendment in the November
29, 2005, Federal Register (70 FR
71444). In the same document, we
opened the public comment period and
provided an opportunity for a public
hearing or meeting on the amendment’s
adequacy (Administrative Record No.
WY–038–4). We did not hold a public
hearing or meeting because no one
requested one. The public comment
period ended on December 29, 2005. We
did not receive any comments.
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Federal Register / Vol. 71, No. 56 / Thursday, March 23, 2006 / Rules and Regulations
III. Office of Surface Mining
Reclamation and Enforcement’s (OSM)
Findings
Following are the findings we made
concerning the amendment under
SMCRA and the Federal regulations at
30 CFR 884.14 and 884.15. We are
approving the amendment.
A. Revisions to Wyoming’s Statute That
Have the Same Meaning as the
Corresponding Provisions of SMCRA
Wyoming proposed revisions to the
following sections of its Plan to make it
the same as, or similar to, the
corresponding sections of SMCRA.
These revisions are listed as a required
amendment at 30 CFR 950.36(a):
1. W.S. 35–11–1206(a), remove language,
‘‘not to exceed the cost of reclamation work
or’’ and ‘‘whichever is less’’ [sections 408(a)
and (b) of SMCRA and the Federal
regulations at 30 CFR part 882].
2. W.S. 35–11–1206(b), remove the
language, ‘‘of but not exceeding the cost of
reclamation’’ [see sections 408(a) and (b) of
SMCRA and the Federal regulations at 30
CFR part 882].
Because these revisions in this
Wyoming Statute make it substantively
identical to SMCRA, no analysis is
necessary. These revisions satisfy the
required amendment at 30 CFR
950.36(a).
B. Revisions to Wyoming’s Statute With
No Corresponding Federal Regulations
or Statute
1. W.S. 35–11–1209(a), remove the
reference to ‘‘professional’’ and
‘‘construction’’ when referring to contractors.
rmajette on PROD1PC67 with RULES
2. W.S. 35–11–1209(a)(vii), added to read,
‘‘Unresolved notice of violation.’’
The Federal regulations at 30 CFR
874.16 and 875.20 indicate that bidder
eligibility must be confirmed by OSM’s
Applicant Violator System (AVS) for
each contract to be awarded. The
existing version of W.S. 35–11–1209 did
not include provisions for Wyoming to
verify through AVS a contractor’s
eligibility; therefore we asked that
Wyoming revise W.S. 35–11–1209 to
indicate that any construction
contractor or professional services
contractor be confirmed through AVS as
eligible to receive an AMLR contract
prior to receiving the award. Wyoming
is proposing here to not only add a
reference to AVS’ ‘‘unresolved notices
of violation,’’ but also to remove
‘‘professional’’ and ‘‘construction’’
when referring to contractors so that
W.S. 35–11–1209 refers to all
contractors.
These revisions therefore satisfy the
required amendment at 30 CFR
950.36(b)(1) and (2).
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Jkt 208001
IV. Summary and Disposition of
Comments
Public Comments
We asked for public comments on the
amendment (Administrative Record No.
WY–038–03), but did not receive any.
Federal Agency Comments
Under 30 CFR 884.14(a)(2) and
884.15(a), we requested comments on
the amendment from various Federal
agencies with an actual or potential
interest in the Wyoming Plan
(Administrative Record No. WY–038–
03). We received no comments from any
Federal agency.
V. OSM’s Decision
Based on the above findings, we
approve Wyoming’s September 1, 2005,
proposed amendment to the following
statutory provisions as discussed herein:
W.S. 35–11–1206(a), and
W.S. 35–11–1206(b), and
W.S. 35–11–1209(a), and
W.S. 35–11–1209(a)(vii).
VI. Procedural Determinations
Executive Order 12630—Takings
This rule does not have takings
implications. This determination is
based on the analysis performed for the
counterpart Federal regulation. The
revisions made at the initiative of the
State that do not have Federal
counterparts have also been reviewed
and a determination made that they do
not have takings implications. This
determination is based on the fact that
the provisions are administrative and
procedural in nature and are not
expected to have a substantive effect on
the regulated industry.
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
(Regulatory Planning and Review).
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, to the extent
allowable by law, this rule meets the
applicable standards of subsections (a)
and (b) of that section. However, these
standards are not applicable to the
actual language of State AMLR plans
and revisions thereof because each plan
is drafted and promulgated by a specific
State, not by OSM. Decisions on
proposed State AMLR plans and
revisions thereof submitted by a State
are based on a determination of whether
PO 00000
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Fmt 4700
Sfmt 4700
the submittal meets the requirements of
Title IV of SMCRA (30 U.S.C. 1231–
1243) and the applicable Federal
regulations at 30 CFR part 884.
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
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.
The rule does not involve or affect
Indian Tribes in any way.
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
No environmental impact statement is
required for this rule since agency
decisions on proposed State AMLR
plans and revisions thereof are
categorically excluded from compliance
with the National Environmental Policy
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Federal Register / Vol. 71, No. 56 / Thursday, March 23, 2006 / Rules and Regulations
Act (42 U.S.C. 4332) by the Manual of
the Department of the Interior (516 DM
6, appendix 8, paragraph 8.4B(29)).
Paperwork Reduction Act
This rule does not contain
information collection requirements that
require approval by OMB under the
Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior
certifies that this rule will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). The State submittal,
which is the subject of this rule, is based
upon counterpart Federal regulations for
which an economic analysis was
prepared and certification made that
such regulations would not have a
significant economic effect upon a
substantial number of small entities. In
making the determination as to whether
this rule would have a significant
economic impact, the Department relied
upon the data and assumptions for the
counterpart Federal regulations. The
Department of the Interior also certifies
that the provisions in this rule that are
not based upon counterpart Federal
regulations 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.). This determination is based
upon the fact that the provisions are
administrative and procedural in nature
and are not expected to have a
substantive effect on the regulated
industry.
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.
c. Does not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S. based enterprises to
compete with foreign-based enterprises.
This determination is based upon the
fact that the state submittal which is the
subject of this rule is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation was not considered a major
rule. For the portion of the State
provisions that is not based upon
counterpart Federal regulations, this
determination is based upon the fact
that the State provisions are
administrative and procedural in nature
and are not expected to have a
substantive effect on the regulated
industry.
Unfunded Mandates
This rule will not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
of $100 million or more in any given
year. This determination is based upon
the fact that the State submittal, which
is the subject of this rule, is based upon
Original amendment submission date
*
*
*
March 23, 2006 .................................................
3. Amend § 950.36 by removing the
text and revising the section heading as
follows:
DEPARTMENT OF HOMELAND
SECURITY
I
Coast Guard
§ 950.36 Required abandoned mine land
plan amendments. [Reserved]
33 CFR Part 165
[FR Doc. 06–2757 Filed 3–22–06; 8:45 am]
[COTP San Francisco Bay 06–008]
BILLING CODE 4310–05–P
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List of Subjects in 30 CFR Part 950
Abandoned mine reclamation
programs, Intergovernmental relations,
Surface mining, Underground mining.
Dated: February 24, 2006.
Allen D. Klein,
Regional Director, Western Region.
For the reasons set forth in the
preamble, Title 30, Chapter VII,
Subchapter T of the Code of Federal
Regulations is amended as set forth
below:
I
PART 950—WYOMING ABANDONED
MINE LAND RECLAMATION
PROGRAMS
1. The authority citation for part 950
continues to read as follows:
I
Authority: 30 U.S.C. 1201 et seq.
2. Section 950.35 is amended in the
table by adding a new entry in
chronological order by ‘‘Date of final
publication’’ to read as follows:
I
§ 950.35 Approval of Wyoming abandoned
mine land reclamation plan amendments.
*
*
Date of final publication
*
*
September 1, 2005 ...........................................
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation did not impose an unfunded
mandate. For the portion of the State
provisions that is not based upon
counterpart Federal regulations, this
determination is based upon the fact
that the State provisions are
administrative and procedural in nature
and are not expected to have a
substantive effect on the regulated
industry.
RIN 1625–AA87
Security Zone; San Francisco BayBrooklyn Basin, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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*
*
*
Citation/description
W.S.
W.S.
W.S.
W.S.
*
35–11–1206(a).
35–11–1206(b).
35–11–1209.
35–11–1209(vii).
*
SUMMARY: The Coast Guard is
establishing a temporary fixed security
zone surrounding a portion of Coast
Guard Island within the navigable
waters of the Brooklyn Basin during an
official change of command ceremony.
This security zone is needed for
national security reasons to protect the
ceremony participants and guests from
potential subversive acts. Entry into this
security zone is prohibited, unless
specifically authorized by the Captain of
the Port San Francisco, or his
designated representative.
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]]>Agencies
[Federal Register Volume 71, Number 56 (Thursday, March 23, 2006)]
[Rules and Regulations]
[Pages 14643-14645]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2757]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 950
[WY-033-FOR]
Wyoming Abandoned Mine Land Reclamation Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
-----------------------------------------------------------------------
SUMMARY: We are approving an amendment to the Wyoming abandoned mine
land reclamation (AMLR) plan (hereinafter referred to as the ``Wyoming
Plan'' or ``Plan'') under the Surface Mining Control and Reclamation
Act of 1977 (SMCRA or the Act). Wyoming proposed revisions and
additions to its abandoned mine land (AML) Plan by removing phrases
concerning liens for reclamation on private lands and by removing and
adding words concerning contract eligibility. Wyoming intended to
revise its Plan in accordance with the amendments required by OSM to
make it consistent with SMCRA.
DATES: Effective Date: March 23, 2006.
FOR FURTHER INFORMATION CONTACT: Richard W. Buckley, Acting Field
Office Director, Telephone: 307/261-6550; E-mail address:
RBuckley@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Wyoming Plan
II. Submission of the Proposed Amendment
III. Office of Surface Mining Reclamation and Enforcement's (OSM)
Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Procedural Determinations
I. Background on the Wyoming Plan
The Abandoned Mine Land Reclamation Program was established by
Title IV of the Act (30 U.S.C. 1201 et seq.) in response to concerns
over extensive environmental damage caused by past coal mining
activities. The program is funded by a reclamation fee collected on
each ton of coal that is produced. The money collected is used to
finance the reclamation of abandoned coal mines and for other
authorized activities. Section 405 of the Act allows States and Indian
tribes to assume exclusive responsibility for reclamation activity
within the State or on Indian lands if they develop and submit to the
Secretary of the Interior for approval, a program (often referred to as
a plan) for the reclamation of abandoned coal mines. On February 14,
1983, the Secretary of the Interior approved the Wyoming Plan. You can
find general background information on the Wyoming Plan, including the
Secretary's findings and the disposition of comments, in the February
14, 1983, Federal Register (48 FR 6536). You can also find later
actions concerning Wyoming's Plan and plan amendments at 30 CFR 950.35
and outstanding required amendments at 30 CFR 950.36.
II. Submission of the Proposed Amendment
By letter dated September 1, 2005, Wyoming sent us an amendment to
its Plan (Administrative Record No. WY-038-01) under SMCRA (30 U.S.C.
1201 et seq.). Wyoming sent the amendment in response to the required
plan amendments at 30 CFR 950.36(a) and (b) to make its Plan consistent
with SMCRA.
The provisions of the Wyoming Plan that it proposed to add to or
revise were: Wyoming Statute (W.S.) 35-11-1206(a) and (b), liens for
reclamation on private lands; and W.S. 35-11-1209, contract
eligibility.
We announced receipt of the proposed amendment in the November 29,
2005, Federal Register (70 FR 71444). In the same document, we opened
the public comment period and provided an opportunity for a public
hearing or meeting on the amendment's adequacy (Administrative Record
No. WY-038-4). We did not hold a public hearing or meeting because no
one requested one. The public comment period ended on December 29,
2005. We did not receive any comments.
[[Page 14644]]
III. Office of Surface Mining Reclamation and Enforcement's (OSM)
Findings
Following are the findings we made concerning the amendment under
SMCRA and the Federal regulations at 30 CFR 884.14 and 884.15. We are
approving the amendment.
A. Revisions to Wyoming's Statute That Have the Same Meaning as the
Corresponding Provisions of SMCRA
Wyoming proposed revisions to the following sections of its Plan to
make it the same as, or similar to, the corresponding sections of
SMCRA. These revisions are listed as a required amendment at 30 CFR
950.36(a):
1. W.S. 35-11-1206(a), remove language, ``not to exceed the cost
of reclamation work or'' and ``whichever is less'' [sections 408(a)
and (b) of SMCRA and the Federal regulations at 30 CFR part 882].
2. W.S. 35-11-1206(b), remove the language, ``of but not
exceeding the cost of reclamation'' [see sections 408(a) and (b) of
SMCRA and the Federal regulations at 30 CFR part 882].
Because these revisions in this Wyoming Statute make it
substantively identical to SMCRA, no analysis is necessary. These
revisions satisfy the required amendment at 30 CFR 950.36(a).
B. Revisions to Wyoming's Statute With No Corresponding Federal
Regulations or Statute
1. W.S. 35-11-1209(a), remove the reference to ``professional''
and ``construction'' when referring to contractors.
2. W.S. 35-11-1209(a)(vii), added to read, ``Unresolved notice
of violation.''
The Federal regulations at 30 CFR 874.16 and 875.20 indicate that
bidder eligibility must be confirmed by OSM's Applicant Violator System
(AVS) for each contract to be awarded. The existing version of W.S. 35-
11-1209 did not include provisions for Wyoming to verify through AVS a
contractor's eligibility; therefore we asked that Wyoming revise W.S.
35-11-1209 to indicate that any construction contractor or professional
services contractor be confirmed through AVS as eligible to receive an
AMLR contract prior to receiving the award. Wyoming is proposing here
to not only add a reference to AVS' ``unresolved notices of
violation,'' but also to remove ``professional'' and ``construction''
when referring to contractors so that W.S. 35-11-1209 refers to all
contractors.
These revisions therefore satisfy the required amendment at 30 CFR
950.36(b)(1) and (2).
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment (Administrative
Record No. WY-038-03), but did not receive any.
Federal Agency Comments
Under 30 CFR 884.14(a)(2) and 884.15(a), we requested comments on
the amendment from various Federal agencies with an actual or potential
interest in the Wyoming Plan (Administrative Record No. WY-038-03). We
received no comments from any Federal agency.
V. OSM's Decision
Based on the above findings, we approve Wyoming's September 1,
2005, proposed amendment to the following statutory provisions as
discussed herein:
W.S. 35-11-1206(a), and
W.S. 35-11-1206(b), and
W.S. 35-11-1209(a), and
W.S. 35-11-1209(a)(vii).
VI. Procedural Determinations
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal regulation.
The revisions made at the initiative of the State that do not have
Federal counterparts have also been reviewed and a determination made
that they do not have takings implications. This determination is based
on the fact that the provisions are administrative and procedural in
nature and are not expected to have a substantive effect on the
regulated industry.
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 (Regulatory Planning and
Review).
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, to the
extent allowable by law, this rule meets the applicable standards of
subsections (a) and (b) of that section. However, these standards are
not applicable to the actual language of State AMLR plans and revisions
thereof because each plan is drafted and promulgated by a specific
State, not by OSM. Decisions on proposed State AMLR plans and revisions
thereof submitted by a State are based on a determination of whether
the submittal meets the requirements of Title IV of SMCRA (30 U.S.C.
1231-1243) and the applicable Federal regulations at 30 CFR part 884.
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.
The rule does not involve or affect Indian Tribes in any way.
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
No environmental impact statement is required for this rule since
agency decisions on proposed State AMLR plans and revisions thereof are
categorically excluded from compliance with the National Environmental
Policy
[[Page 14645]]
Act (42 U.S.C. 4332) by the Manual of the Department of the Interior
(516 DM 6, appendix 8, paragraph 8.4B(29)).
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior certifies that this rule will not
have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The State submittal, which is the subject of this rule, is based upon
counterpart Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. In making the determination as to whether this rule would
have a significant economic impact, the Department relied upon the data
and assumptions for the counterpart Federal regulations. The Department
of the Interior also certifies that the provisions in this rule that
are not based upon counterpart Federal regulations 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.). This
determination is based upon the fact that the provisions are
administrative and procedural in nature and are not expected to have a
substantive effect on the regulated industry.
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.
c. Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S. based enterprises to compete with foreign-based enterprises.
This determination is based upon the fact that the state submittal
which is the subject of this rule is based upon counterpart Federal
regulations for which an analysis was prepared and a determination made
that the Federal regulation was not considered a major rule. For the
portion of the State provisions that is not based upon counterpart
Federal regulations, this determination is based upon the fact that the
State provisions are administrative and procedural in nature and are
not expected to have a substantive effect on the regulated industry.
Unfunded Mandates
This rule will not impose an unfunded mandate on State, local, or
tribal governments or the private sector of $100 million or more in any
given year. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation did not impose an
unfunded mandate. For the portion of the State provisions that is not
based upon counterpart Federal regulations, this determination is based
upon the fact that the State provisions are administrative and
procedural in nature and are not expected to have a substantive effect
on the regulated industry.
List of Subjects in 30 CFR Part 950
Abandoned mine reclamation programs, Intergovernmental relations,
Surface mining, Underground mining.
Dated: February 24, 2006.
Allen D. Klein,
Regional Director, Western Region.
0
For the reasons set forth in the preamble, Title 30, Chapter VII,
Subchapter T of the Code of Federal Regulations is amended as set forth
below:
PART 950--WYOMING ABANDONED MINE LAND RECLAMATION PROGRAMS
0
1. The authority citation for part 950 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
2. Section 950.35 is amended in the table by adding a new entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 950.35 Approval of Wyoming abandoned mine land reclamation plan
amendments.
* * * * *
------------------------------------------------------------------------
Original amendment Date of final
submission date publication Citation/description
------------------------------------------------------------------------
* * * * * * *
September 1, 2005........... March 23, 2006...... W.S. 35-11-1206(a).
W.S. 35-11-1206(b).
W.S. 35-11-1209.
W.S. 35-11-
1209(vii).
------------------------------------------------------------------------
0
3. Amend Sec. 950.36 by removing the text and revising the section
heading as follows:
Sec. 950.36 Required abandoned mine land plan amendments. [Reserved]
[FR Doc. 06-2757 Filed 3-22-06; 8:45 am]
BILLING CODE 4310-05-P
