Mississippi Regulatory Program, 29867-29869 [E6-7917]

Download as PDF Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Proposed Rules sroberts on PROD1PC70 with PROPOSALS • Will administer the motorcyclist safety (b) Suballocation of funds. A State grant funds in accordance with 49 CFR that receives a grant may suballocate part 18 and OMB Circular A–87; and funds from the grant to a nonprofit • Will maintain its aggregate expenditures organization incorporated in that State from all other sources for motorcyclist to carry out grant activities under this safety training programs and part. motorcyclist awareness programs at or (c) Matching requirement. The Federal above the average level of such share of programs funded under this expenditures in fiscal years (FY) 2003 part shall be 100 percent. and 2004. (A State may use either 29867 You may submit comments, identified by Docket No. MS–018–FOR, by any of the following methods: • E-mail: aabbs@osmre.gov. Include Docket No. MS–018–FOR in the subject line of the message. • Mail/Hand Delivery: Arthur W. Abbs, Director, Birmingham Field Office, Office of Surface Mining Reclamation and Enforcement, 135 Federal or State fiscal years). Appendix A to Part 1350— lllllllllllllllllllll Gemini Circle, Suite 215, Homewood, Certifications Specific to Grant Criteria Alabama 35209 Governor’s Highway Safety Representative for Second and Subsequent Fiscal Years Date: llllllllllllllllll • Fax: (205) 290–7280 • Federal eRulemaking Portal: http:// State: llllllllllllllllll Issued on: May 18, 2006. Fiscal Year: lllllllllllllll Jacqueline Glassman, www.regulations.gov. Follow the instructions for submitting comments. (CHECK ALL THAT APPLY) Deputy Administrator. Instructions: All submissions received I hereby certify that the State (or [FR Doc. 06–4792 Filed 5–23–06; 8:45 am] must include the agency name and Commonwealth) of llllllll : BILLING CODE 4910–59–P docket number for this rulemaking. For • Motorcycle Rider Training Courses detailed instructions on submitting criterion—second and subsequent Fiscal comments and additional information Years b has made no changes to the materials on the rulemaking process, see the DEPARTMENT OF THE INTERIOR previously submitted to and approved by ‘‘Public Comment Procedures’’ heading NHTSA under this criterion and the of the SUPPLEMENTARY INFORMATION Office of Surface Mining Reclamation State or Commonwealth continues to section of this document. offer its motorcycle rider training courses and Enforcement Docket: For access to the docket to in the same manner. review copies of the Mississippi 30 CFR Part 924 • Motorcyclists Awareness Program program, this amendment, a listing of criterion—second and subsequent Fiscal any scheduled public hearings, and all [Docket No. MS–018–FOR] Years written comments received in response b has made no changes to the materials previously submitted to and approved by Mississippi Regulatory Program to this document, you must go to the NHTSA under this criterion and the address listed below during normal AGENCY: Office of Surface Mining State or Commonwealth continues to business hours, Monday through Friday, Reclamation and Enforcement, Interior. implement its motorcyclists awareness excluding holidays. You may receive program in the same manner. ACTION: Proposed rule; public comment one free copy of the amendment by • Impaired Driving Program criterion— period and opportunity for public contacting OSM’s Birmingham Field second and subsequent Fiscal Years hearing on proposed amendment. Office. b has made no changes to the materials Arthur W. Abbs, Director, previously submitted to and approved by SUMMARY: We, the Office of Surface Birmingham Field Office, Office of NHTSA under this criterion and the Mining Reclamation and Enforcement Surface Mining Reclamation and State or Commonwealth continues to (OSM), are announcing receipt of a implement its impaired driving program proposed amendment to the Mississippi Enforcement, 135 Gemini Circle, Suite in the same manner. 215, Homewood, Alabama 35209. regulatory program (Mississippi • Use of Fees Collected from Motorcyclists Telephone: (205) 290–7282. E-mail: program) under the Surface Mining for Motorcycle Programs criterion (Law aabbs@osmre.gov. Control and Reclamation Act of 1977 State)—second and subsequent Fiscal In addition, you may review a copy of (SMCRA or the Act). Mississippi Years the amendment during regular business b has made no changes to the law or proposes a revision to its statutes hours at the following location: regulation previously submitted to and regarding valid existing rights as it Department of Environmental Quality, approved by NHTSA under this criterion pertains to designation of lands as Office of Geology, 2380 Highway 80 requiring that all fees collected by the unsuitable for surface coal mining West, Jackson, Mississippi 39289–1307. State from motorcyclists for the purposes operations. Mississippi intends to revise of funding motorcycle training and safety Telephone: (601) 961–5500. its program to be consistent with programs are to be used for motorcycle FOR FURTHER INFORMATION CONTACT: SMCRA. training and safety programs. Arthur W. Abbs, Director, Birmingham This document gives the times and lllllllllllllllllllll Field Office. Telephone: (205) 290– locations that the Mississippi program Governor’s Highway Safety Representative 7282. E-mail: aabbs@osmre.gov. Date: llllllllllllllllll and proposed amendment to that SUPPLEMENTARY INFORMATION: program are available for your Appendix B to Part 1350—General I. Background on the Mississippi Program inspection, the comment period during Certifications II. Description of the Proposed Amendment which you may submit written III. Public Comment Procedures State: llllllllllllllllll comments on the amendment, and the IV. Procedural Determinations Fiscal Year: lllllllllllllll procedures that we will follow for the (APPLIES TO ALL GRANT CRITERIA) I. Background on the Mississippi public hearing, if one is requested. I hereby certify that the State (or Program DATES: We will accept written Commonwealth) of llllllll : Section 503(a) of the Act permits a comments on this amendment until 4 • Will use the motorcyclist safety grant funds p.m., c.t., June 23, 2006. If requested, we State to assume primacy for the only for motorcyclist safety training and regulation of surface coal mining and will hold a public hearing on the motorcyclist awareness programs, in reclamation operations on non-Federal amendment on June 19, 2006. We will accordance with the requirements of and non-Indian lands within its borders accept requests to speak at a hearing section 2010(e) of SAFETEA–LU, Public by demonstrating that its program until 4 p.m., c.t. on June 8, 2006. Law 109–59; VerDate Aug<31>2005 17:03 May 23, 2006 Jkt 208001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 ADDRESSES: E:\FR\FM\24MYP1.SGM 24MYP1 29868 Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Proposed Rules 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 of the Interior approved the Mississippi program on September 4, 1980. You can find background information on the Mississippi program, including the Secretary’s findings and the disposition of comments in the September 4, 1980, Federal Register (45 FR 58520). You can also find later actions concerning the Mississippi program and program amendments at 30 CFR 924.10, 924.15, 924.16, and 924.17. II. Description of the Proposed Amendment By letter dated April 5, 2006 (Administrative Record No. MS–0402), Mississippi sent us an amendment to its program under SMCRA (30 U.S.C. 1201 et seq.). Mississippi sent the amendment at its own initiative. Below is the change Mississippi proposes. Mississippi Code Annotated Section 53– 9–71(4) Mississippi’s statute at section 53–9– 71(4) currently reads as follows: (4) After July 1, 1979, and subject to valid rights existing on August 3, 1977, no surface coal mining operations shall be permitted. Mississippi proposes to revise section 53–9–71(4) to read as follows: (4) After July 1, 1979, and subject to valid rights, no surface coal mining operations shall be permitted. sroberts on PROD1PC70 with PROPOSALS III. Public Comment Procedures Under the provisions of 30 CFR 732.17(h), we are seeking your comments on whether the amendment satisfies the applicable program approval criteria of 30 CFR 732.15. If we approve the amendment, it will become part of the State program. Written Comments Send your written or electronic comments to OSM at the address given above. Your written comments should be specific, pertain only to the issues proposed in this rulemaking, and include explanations in support of your recommendations. We will not consider or respond to your comments when developing the final rule 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 VerDate Aug<31>2005 17:03 May 23, 2006 Jkt 208001 delivered to an address other than the Birmingham Field Office 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. MS–018–FOR’’ and your name and return address in your Internet message. If you do not receive a confirmation that we have received your Internet message, contact the Birmingham Field Office at (205) 290– 7282. 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 If you wish to speak at the public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., c.t. on June 8, 2006. If you are disabled and need special accommodations to attend a public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT. We will arrange the location and time of the hearing with those persons requesting the hearing. If no one requests an opportunity to speak, we will not hold a hearing. 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. PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 Public Meeting If only one person requests an opportunity to speak, we may hold a public meeting rather than a public hearing. If you wish to meet with us to discuss the amendment, please request a meeting by contacting the person listed under FOR FURTHER INFORMATION CONTACT. All such meetings are open to the public and, if possible, we will post notices of meetings at the locations listed under ADDRESSES. We will make a written summary of each meeting a part of the administrative record. IV. Procedural Determinations Executive Order 12630—Takings In this rule, the State is adopting valid existing rights standards that are similar to the standards in the Federal definition at 30 CFR 761.5. Therefore, this rule has the same takings implications as the Federal valid existing rights rule. The takings implications assessment for the Federal valid existing rights rule appears in part XXIX.E. of the preamble to that rule. See 64 FR 70766, 70822–27, December 17, 1999. 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. However, these standards are not applicable to the actual language of State regulatory programs and program amendments because each program is drafted and promulgated by a specific State, not by OSM. 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 proposed State regulatory programs and program amendments submitted by the States must be based solely on a determination of whether the submittal 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 E:\FR\FM\24MYP1.SGM 24MYP1 Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Proposed Rules 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. This determination is based on the fact that the Mississippi program does not regulate coal exploration and surface coal mining and reclamation operations on Indian lands. Therefore, the Mississippi 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. sroberts on PROD1PC70 with PROPOSALS 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 proposed State regulatory program provisions 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)). VerDate Aug<31>2005 17:03 May 23, 2006 Jkt 208001 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 29869 List of Subjects in 30 CFR Part 924 Intergovernmental relations, Surface mining, Underground mining. Dated: April 20, 2006. Ervin J. Barchenger, Acting Regional Director, Mid-Continent Region. [FR Doc. E6–7917 Filed 5–23–06; 8:45 am] 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. BILLING CODE 4310–05–P Small Business Regulatory Enforcement Fairness Act SUMMARY: The Coast Guard proposes to change the drawbridge operation regulations governing the operation of the Beach Channel railroad bridge across Jamaica Bay, at mile 6.7, New York. This proposed rule would allow the Beach Channel Bridge to remain in the closed position during the morning and afternoon commuter rush hours from 6:45 a.m. to 8:20 a.m. and 5 p.m. to 6:45 p.m., Monday through Friday, except Federal holidays. This rule is expected to help facilitate commuter rail traffic while continuing to meet the present and anticipated needs of navigation. DATES: Comments and related material must reach the Coast Guard on or before July 24, 2006. ADDRESSES: You may mail comments and related material to Commander (dpb), First Coast Guard District Bridge Branch, One South Street, Battery Park Building, New York, New York, 10004, or deliver them to the same address between 7 a.m. and 3 p.m., Monday through Friday, except, Federal holidays. The telephone number is (212) 668–7165. The First Coast Guard District, Bridge Branch, maintains the public docket for this rulemaking. 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 First Coast Guard District, Bridge Branch, between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. 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 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. 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. PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD01–06–033] RIN 1625–AA09 Drawbridge Operation Regulations; Jamaica Bay and Connecting Waterways, NY Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: E:\FR\FM\24MYP1.SGM 24MYP1

Agencies

[Federal Register Volume 71, Number 100 (Wednesday, May 24, 2006)]
[Proposed Rules]
[Pages 29867-29869]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7917]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 924

[Docket No. MS-018-FOR]


Mississippi Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are announcing receipt of a proposed amendment to the 
Mississippi regulatory program (Mississippi program) under the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA or the Act). 
Mississippi proposes a revision to its statutes regarding valid 
existing rights as it pertains to designation of lands as unsuitable 
for surface coal mining operations. Mississippi intends to revise its 
program to be consistent with SMCRA.
    This document gives the times and locations that the Mississippi 
program and proposed amendment to that program are available for your 
inspection, the comment period during which you may submit written 
comments on the amendment, and the procedures that we will follow for 
the public hearing, if one is requested.

DATES: We will accept written comments on this amendment until 4 p.m., 
c.t., June 23, 2006. If requested, we will hold a public hearing on the 
amendment on June 19, 2006. We will accept requests to speak at a 
hearing until 4 p.m., c.t. on June 8, 2006.

ADDRESSES: You may submit comments, identified by Docket No. MS-018-
FOR, by any of the following methods:
     E-mail: aabbs@osmre.gov. Include Docket No. MS-018-FOR in 
the subject line of the message.
     Mail/Hand Delivery: Arthur W. Abbs, Director, Birmingham 
Field Office, Office of Surface Mining Reclamation and Enforcement, 135 
Gemini Circle, Suite 215, Homewood, Alabama 35209
     Fax: (205) 290-7280
     Federal eRulemaking Portal: http://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 the 
Mississippi program, this amendment, 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. You may 
receive one free copy of the amendment by contacting OSM's Birmingham 
Field Office.
    Arthur W. Abbs, Director, Birmingham Field Office, Office of 
Surface Mining Reclamation and Enforcement, 135 Gemini Circle, Suite 
215, Homewood, Alabama 35209. Telephone: (205) 290-7282. E-mail: 
aabbs@osmre.gov.
    In addition, you may review a copy of the amendment during regular 
business hours at the following location:
    Department of Environmental Quality, Office of Geology, 2380 
Highway 80 West, Jackson, Mississippi 39289-1307. Telephone: (601) 961-
5500.

FOR FURTHER INFORMATION CONTACT: Arthur W. Abbs, Director, Birmingham 
Field Office. Telephone: (205) 290-7282. E-mail: aabbs@osmre.gov.

SUPPLEMENTARY INFORMATION:
I. Background on the Mississippi Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

I. Background on the Mississippi 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 program

[[Page 29868]]

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 of the Interior approved the 
Mississippi program on September 4, 1980. You can find background 
information on the Mississippi program, including the Secretary's 
findings and the disposition of comments in the September 4, 1980, 
Federal Register (45 FR 58520). You can also find later actions 
concerning the Mississippi program and program amendments at 30 CFR 
924.10, 924.15, 924.16, and 924.17.

II. Description of the Proposed Amendment

    By letter dated April 5, 2006 (Administrative Record No. MS-0402), 
Mississippi sent us an amendment to its program under SMCRA (30 U.S.C. 
1201 et seq.). Mississippi sent the amendment at its own initiative. 
Below is the change Mississippi proposes.

Mississippi Code Annotated Section 53-9-71(4)

    Mississippi's statute at section 53-9-71(4) currently reads as 
follows: (4) After July 1, 1979, and subject to valid rights existing 
on August 3, 1977, no surface coal mining operations shall be 
permitted.
    Mississippi proposes to revise section 53-9-71(4) to read as 
follows: (4) After July 1, 1979, and subject to valid rights, no 
surface coal mining operations shall be permitted.

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking your 
comments on whether the amendment satisfies the applicable program 
approval criteria of 30 CFR 732.15. If we approve the amendment, it 
will become part of the State program.

Written Comments

    Send your written or electronic comments to OSM at the address 
given above. Your written comments should be specific, pertain only to 
the issues proposed in this rulemaking, and include explanations in 
support of your recommendations. We will not consider or respond to 
your comments when developing the final rule 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 Birmingham Field Office 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. MS-018-FOR'' and your name and return 
address in your Internet message. If you do not receive a confirmation 
that we have received your Internet message, contact the Birmingham 
Field Office at (205) 290-7282.

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

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., c.t. on June 8, 
2006. If you are disabled and need special accommodations to attend a 
public hearing, contact the person listed under FOR FURTHER INFORMATION 
CONTACT. We will arrange the location and time of the hearing with 
those persons requesting the hearing. If no one requests an opportunity 
to speak, we will not hold a hearing.
    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.

Public Meeting

    If only one person requests an opportunity to speak, we may hold a 
public meeting rather than a public hearing. If you wish to meet with 
us to discuss the amendment, please request a meeting by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings 
are open to the public and, if possible, we will post notices of 
meetings at the locations listed under ADDRESSES. We will make a 
written summary of each meeting a part of the administrative record.

IV. Procedural Determinations

Executive Order 12630--Takings

    In this rule, the State is adopting valid existing rights standards 
that are similar to the standards in the Federal definition at 30 CFR 
761.5. Therefore, this rule has the same takings implications as the 
Federal valid existing rights rule. The takings implications assessment 
for the Federal valid existing rights rule appears in part XXIX.E. of 
the preamble to that rule. See 64 FR 70766, 70822-27, December 17, 
1999.

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. However, these standards are not applicable to the actual 
language of State regulatory programs and program amendments because 
each program is drafted and promulgated by a specific State, not by 
OSM. 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 proposed State regulatory programs and program amendments 
submitted by the States must be based solely on a determination of 
whether the submittal 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

[[Page 29869]]

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 the Mississippi program 
does not regulate coal exploration and surface coal mining and 
reclamation operations on Indian lands. Therefore, the Mississippi 
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 proposed State regulatory program provisions 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 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.

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 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.

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.

List of Subjects in 30 CFR Part 924

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: April 20, 2006.
Ervin J. Barchenger,
Acting Regional Director, Mid-Continent Region.
 [FR Doc. E6-7917 Filed 5-23-06; 8:45 am]
BILLING CODE 4310-05-P