Wyoming Abandoned Mine Land Reclamation Plan, 14643-14645 [06-2757]

Download as PDF 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 rmajette on PROD1PC67 with RULES 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 VerDate Aug<31>2005 13:41 Mar 22, 2006 Jkt 208001 § 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 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 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. E:\FR\FM\23MRR1.SGM 23MRR1 14644 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). VerDate Aug<31>2005 13:41 Mar 22, 2006 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 Frm 00016 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 E:\FR\FM\23MRR1.SGM 23MRR1 14645 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 rmajette on PROD1PC67 with RULES 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: VerDate Aug<31>2005 13:41 Mar 22, 2006 Jkt 208001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 * * * 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. E:\FR\FM\23MRR1.SGM 23MRR1

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]


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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
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                              * * * * * * *
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).
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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