State Abandoned Mine Land Reclamation Plan, 50339-50341 [E6-14155]
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Federal Register / Vol. 71, No. 165 / Friday, August 25, 2006 / Rules and Regulations
must consult with the adjudicating
officer, or with the Visa Office, to
resolve any disagreement.
3. In § 41.121, revise paragraph (c) to
read as follows:
I
§ 41.121
Refusal of individual visas.
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*
*
*
*
(c) Nonimmigrant refusals must be
reviewed, in accordance with guidance
by the Secretary of State, by consular
supervisors, or a designated alternate, to
ensure compliance with laws and
procedures. If the ground(s) of
ineligibility upon which the visa was
refused cannot be overcome by the
presentation of additional evidence, the
refusal must be reviewed without delay;
that is, on the day of the refusal or as
soon as it is administratively possible. If
the ground(s) of ineligibility may be
overcome by the presentation of
additional evidence, and the applicant
has indicated the intention to submit
such evidence, a review of the refusal
may be deferred for not more than 120
days. If the reviewing officer disagrees
with the decision and he or she has a
consular commission and title, the
reviewing officer can assume
responsibility and readjudicate the case.
If the reviewing officer does not have a
consular commission and title, he or she
must consult with the adjudicating
officer, or with the Visa Office, to
resolve any disagreement.
*
*
*
*
*
Dated: August 7, 2006.
Stephen A. Edson,
Deputy Assistant Secretary, Visa Services,
Department of State.
[FR Doc. E6–14140 Filed 8–24–06; 8:45 am]
BILLING CODE 4710–06–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 924
[MS–016–FOR]
State Abandoned Mine Land
Reclamation Plan
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of
amendment.
cprice-sewell on PROD1PC66 with RULES
AGENCY:
SUMMARY: We, the Office of Surface
Mining Reclamation and Enforcement
(OSM), are approving a partial
abandoned mine land reclamation
(AMLR) plan under the Surface Mining
Control and Reclamation Act of 1977
(SMCRA or the Act). Mississippi
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proposed revisions to and addition of
statutes to the Mississippi Surface Coal
Mining and Reclamation Law in order to
authorize and establish an AMLR plan.
The purpose of this amendment is to
demonstrate both the intent and
capability to assume responsibility for
administering and conducting an AMLR
plan.
DATES: Effective Date: August 25, 2006.
FOR FURTHER INFORMATION CONTACT:
Arthur W. Abbs, Director, Birmingham
Field Office. Telephone: (205) 290–
7282. E-mail address: aabbs@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Abandoned Mine Land
Reclamation Program
II. Submission of the AMLR Plan Statutes
III. OSM’s Findings
IV. Summary and Disposition of Comments
V. OSM’s Decision
VI. Procedural Determinations
I. Background on the Abandoned Mine
Land Reclamation Program
The AMLR 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.
II. Submission of the AMLR Plan
Statutes
By letter dated April 5, 2006
(Administrative Record No. MS–0402),
Mississippi sent us its AMLR plan
statutes under SMCRA (30 U.S.C. 1201
et seq.). The purpose of this submission
was to demonstrate both the intent and
capability to assume responsibility for
administering and conducting the
provisions of SMCRA and OSM’s AMLR
program (30 CFR Chapter 7, Subchapter
R). Mississippi revised and added
statutes to the Mississippi Surface Coal
Mining and Reclamation Law at
Sections 53–9–3, 53–9–7, 53–9–89, 53–
9–89(1)(c), 53–9–89(1)(c)(i) through (v),
53–9–101, 53–9–103, 53–9–105, 53–9–
107, 53–9–109, 53–9–111, 53–9–113,
53–9–115, 53–9–117, 53–9–119, 53–9–
121, 53–9–123.
We announced receipt of the
proposed plan statutes in the June 8,
2006, Federal Register (72 FR 33273). In
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50339
the same document, we opened the
public comment period and provided an
opportunity for a public hearing or
meeting on the adequacy of the statutes.
We did not hold a public hearing or
meeting because no one requested one.
The public comment period ended on
July 10, 2006. We received comments
from three Federal agencies.
III. OSM’s Findings
Following are the findings we made
concerning the AMLR plan statutes
under SMCRA and the Federal
regulations at 30 CFR 884.14 and
884.15. We are approving the statutes as
described below.
In accordance with section 405 of
SMCRA, we find that Mississippi has
submitted AMLR plan statutes for the
reclamation of abandoned mines and
has the authority to implement the
provisions of Title IV of SMCRA.
1. The public has been given adequate
notice and opportunity to comment and
the record does not reflect major
unresolved controversies.
2. We have solicited and considered
the views of the Federal agencies having
an interest in the Mississippi AMLR
plan statutes. Agencies that responded
include: the U.S. Bureau of Land
Management (BLM), U.S. Natural
Resources Conservation Service (NRCS),
and the U.S. Environmental Protection
Agency (EPA).
3. The Mississippi Department of
Environmental Quality, Office of
Geology, has the legal authority and
administrative structure to carry out the
State AMLR plan statutes.
4. The Mississippi AMLR plan
statutes meet all requirements of OSM’s
Title IV program provisions.
5. We approved the Mississippi
regulatory program effective September
4, 1980.
6. The Mississippi AMLR plan
statutes are in compliance with all
applicable State and Federal laws and
regulations.
Therefore, we approve Mississippi’s
AMLR plan statutes. Although the
AMLR plan statutes conform to
statutory requirements, Mississippi
must still submit the information
required by 30 CFR 884.13(a) through (f)
before we can make the findings
necessary for full approval of its AMLR
plan. The State will be able to receive
and spend Federal AMLR grant funds
only after we approve its complete State
AMLR plan.
IV. Summary and Disposition of
Comments
Public Comments
We asked for public comments on the
amendment, but did not receive any.
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50340
Federal Register / Vol. 71, No. 165 / Friday, August 25, 2006 / Rules and Regulations
Federal Agency Comments
On May 1, 2006, 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 Mississippi
AMLR plan (Administrative Record No.
MS–0403). We received comments from
the BLM, NRCS, and EPA. The BLM did
not find any inconsistencies between
the proposed changes and Federal Laws
that govern mining (Administrative
Record No. MS–0404). The NRCS stated
that it and the Mississippi Department
of Environmental Quality share
common interest in stabilization and
restoration following man’s use of the
land (Administrative Record No. MS–
0406). Both agencies agreed with the
proposed AMLR plan statutes. EPA
responded on June 21, 2006, that it had
no comments (Administrative Record
No. MS–0411).
drafted and promulgated by a specific
State or Tribe, not by OSM. Decisions
on proposed AMLR plans submitted by
a State or Tribe are based solely on a
determination of whether the submittal
meets the requirements of Title IV of
SMCRA (30 U.S.C. 1231–1243) and 30
CFR part 884 of the Federal regulations.
V. OSM’s Decision
Based on the above findings, we
approve the Mississippi AMLR statutes
sent to us on April 5, 2006.
To implement this decision, we are
amending the Federal regulations at 30
CFR part 924, which codify decisions
concerning the Mississippi plan. We
find that good cause exists under 5
U.S.C. 553(d)(3) to make this final rule
effective immediately. Section 405 of
SMCRA requires that the State’s plan
demonstrate that the State has the
capability of carrying out the provisions
of the Act and meeting its purposes.
Making this rule effective immediately
will expedite that process. SMCRA
requires consistency of State and
Federal standards.
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 plan does not
provide for reclamation and restoration
of land and water resources adversely
affected by past coal mining on Indian
lands. Therefore, the Mississippi plan
has no effect on Federally-recognized
Indian tribes.
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.
cprice-sewell on PROD1PC66 with RULES
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 and Tribal
AMLR plans because each program is
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Jkt 208001
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 AMLR programs. 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 405(d) of SMCRA
requires State AMLR programs to be in
compliance with the procedures,
guidelines, and requirements
established under SMCRA.
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
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because agency decisions on proposed
State and Tribal AMLR plans are
categorically excluded from compliance
with the National Environmental Policy
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.
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
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Federal Register / Vol. 71, No. 165 / Friday, August 25, 2006 / Rules and Regulations
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: August 15, 2006.
Brent Wahlquist,
Acting Director, Office of Surface Mining
Reclamation and Enforcement.
For the reasons set out in the
preamble, 30 CFR part 924 is amended
as set forth below:
I
PART 924—MISSISSIPPI
1. The authority citation for part 924
continues to read as follows:
I
Authority: 30 U.S.C. 1201 et seq.
2. Part 924 is amended by adding
§ 924.20 to read as follows:
I
§ 924.20 Approval of Mississippi
Abandoned Mine Land Reclamation Plan.
The Mississippi AMLR plan statutes,
as submitted on April 5, 2006, are
approved. Copies of the approved plan
statutes are available at:
Office of Surface Mining Reclamation
and Enforcement, Birmingham Field
Office, 135 Gemini Circle, Suite 215,
Homewood, Alabama 35209.
Mississippi Department of
Environmental Quality, Office of
Geology, 2380 Highway 80 West,
Jackson, Mississippi 39289–1307.
[FR Doc. E6–14155 Filed 8–24–06; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF THE TREASURY
31 CFR Part 50
RIN 1505–AB67
Terrorism Risk Insurance Program;
TRIA Extension Act Implementation
Departmental Offices, Treasury.
Final rule.
AGENCY:
cprice-sewell on PROD1PC66 with RULES
ACTION:
SUMMARY: The Department of the
Treasury (Treasury) is issuing this rule
in final form as part of its
implementation of amendments made to
Title I of the Terrorism Risk Insurance
Act of 2002 (TRIA or Act) by the
Terrorism Risk Insurance Extension Act
of 2005 (Extension Act). The Act
established a temporary Terrorism Risk
Insurance Program (Program) that was
scheduled to expire on December 31,
2005, under which the Federal
Government shared the risk of insured
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15:27 Aug 24, 2006
Jkt 208001
losses from certified acts of terrorism
with commercial property and casualty
insurers. The Extension Act extends the
Program through December 31, 2007,
and makes other changes which are
implemented by this rule. In particular,
the rule addresses changes to the types
of commercial property and casualty
insurance covered by the Act, the
requirements to satisfy the Act’s
mandatory availability (‘‘make
available’’) provision and the operation
of the new ‘‘Program Trigger’’ provision
in section 103(e)(1)(B) of the Act.
Treasury published an interim final rule
and a cross-referenced proposed rule
with a request for comment on May 11,
2006. This final rule finalizes the
proposed rule by adopting the text of
the interim final rule without revision.
DATES: This final rule is effective
September 25, 2006.
FOR FURTHER INFORMATION CONTACT:
Howard Leikin, Deputy Director,
Terrorism Risk Insurance Program, (202)
622–6770 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
I. Background
A. Terrorism Risk Insurance Act of 2002
On November 26, 2002, the President
signed into law the Terrorism Risk
Insurance Act of 2002 (Pub. L. 107–297,
116 Stat. 2322). The Act was effective
immediately. The Act’s purposes are to
address market disruptions, ensure the
continued widespread availability and
affordability of commercial property
and casualty insurance for terrorism
risk, and to allow for a transition period
for the private markets to stabilize and
build capacity while preserving state
insurance regulation and consumer
protections.
Title I of the Act establishes a
temporary federal program of shared
public and private compensation for
insured commercial property and
casualty losses resulting from an act of
terrorism which, as defined by the Act,
is certified by the Secretary of the
Treasury, in concurrence with the
Secretary of State and the Attorney
General. The Act authorizes Treasury to
administer and implement the
Terrorism Risk Insurance Program
(Program), including the issuance of
regulations and procedures.
Each entity that meets the Act’s
definition of insurer (well over 2,000
firms) must participate in the Program.
The amount of federal payment for an
insured loss resulting from an act of
terrorism is determined by insurance
company deductibles and excess loss
sharing with the Federal Government as
specified in the Act and Treasury’s
implementing regulations. An insurer’s
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50341
deductible increases each year of the
Program and in Program Year 5, so does
its share of the losses in excess of the
deductible, thereby reducing the Federal
Government’s share of compensation for
insured losses each year until the
Program expires. An insurer’s
deductible is calculated based on the
value of direct earned premiums
collected over certain prescribed
calendar periods. Once an insurer has
met its individual deductible, the
federal payments cover a percentage of
the insured losses above the deductible,
subject to an industry aggregate limit of
$100 billion.
The Act gives Treasury authority to
recoup federal payments made under
the Program through policyholder
surcharges, up to a maximum annual
limit. The Act reduces the Federal share
of compensation for insured losses that
have been covered under any other
federal program. The Act also contains
provisions designed to manage litigation
arising from or relating to a certified act
of terrorism. Section 107 of the Act
creates an exclusive federal cause of
action, provides for claims
consolidation in federal court, and
contains a prohibition on federal
payments for punitive damages under
the Program. The Act provides the
United States with the right of
subrogation with respect to any
payment or claim paid by the United
States under the Program.
B. Terrorism Risk Insurance Extension
Act of 2005
The Program was originally set to
expire on December 31, 2005. On
December 22, 2005, the President signed
into law the Terrorism Risk Insurance
Extension Act of 2005 (Pub. L. 109–144,
119 Stat. 2660), which extends the
Program through December 31, 2007. In
doing so, the Extension Act adds
Program Year 4 (January 1–December
31, 2006) and Program Year 5 (January
1–December 31, 2007) to the Program. In
addition, the Extension Act made other
significant changes to TRIA that
include:
• A revised definition of ‘‘insurer
deductible’’ that adds new Program
Years 4 and 5 to the definition. The
insurer deductible is set as the value of
an insurer’s direct earned premium for
commercial property and casualty
insurance (as now defined in the Act)
over the immediately preceding
calendar year multiplied by 17.5 percent
for Program Year 4 and by 20 percent for
Program Year 5.
• A revised definition of ‘‘property
and casualty insurance’’ that now
excludes commercial automobile
insurance; burglary and theft insurance;
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]]>Agencies
[Federal Register Volume 71, Number 165 (Friday, August 25, 2006)]
[Rules and Regulations]
[Pages 50339-50341]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14155]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 924
[MS-016-FOR]
State Abandoned Mine Land Reclamation Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are approving a partial abandoned mine land reclamation (AMLR)
plan under the Surface Mining Control and Reclamation Act of 1977
(SMCRA or the Act). Mississippi proposed revisions to and addition of
statutes to the Mississippi Surface Coal Mining and Reclamation Law in
order to authorize and establish an AMLR plan. The purpose of this
amendment is to demonstrate both the intent and capability to assume
responsibility for administering and conducting an AMLR plan.
DATES: Effective Date: August 25, 2006.
FOR FURTHER INFORMATION CONTACT: Arthur W. Abbs, Director, Birmingham
Field Office. Telephone: (205) 290-7282. E-mail address:
aabbs@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Abandoned Mine Land Reclamation Program
II. Submission of the AMLR Plan Statutes
III. OSM's Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Procedural Determinations
I. Background on the Abandoned Mine Land Reclamation Program
The AMLR 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.
II. Submission of the AMLR Plan Statutes
By letter dated April 5, 2006 (Administrative Record No. MS-0402),
Mississippi sent us its AMLR plan statutes under SMCRA (30 U.S.C. 1201
et seq.). The purpose of this submission was to demonstrate both the
intent and capability to assume responsibility for administering and
conducting the provisions of SMCRA and OSM's AMLR program (30 CFR
Chapter 7, Subchapter R). Mississippi revised and added statutes to the
Mississippi Surface Coal Mining and Reclamation Law at Sections 53-9-3,
53-9-7, 53-9-89, 53-9-89(1)(c), 53-9-89(1)(c)(i) through (v), 53-9-101,
53-9-103, 53-9-105, 53-9-107, 53-9-109, 53-9-111, 53-9-113, 53-9-115,
53-9-117, 53-9-119, 53-9-121, 53-9-123.
We announced receipt of the proposed plan statutes in the June 8,
2006, Federal Register (72 FR 33273). In the same document, we opened
the public comment period and provided an opportunity for a public
hearing or meeting on the adequacy of the statutes. We did not hold a
public hearing or meeting because no one requested one. The public
comment period ended on July 10, 2006. We received comments from three
Federal agencies.
III. OSM's Findings
Following are the findings we made concerning the AMLR plan
statutes under SMCRA and the Federal regulations at 30 CFR 884.14 and
884.15. We are approving the statutes as described below.
In accordance with section 405 of SMCRA, we find that Mississippi
has submitted AMLR plan statutes for the reclamation of abandoned mines
and has the authority to implement the provisions of Title IV of SMCRA.
1. The public has been given adequate notice and opportunity to
comment and the record does not reflect major unresolved controversies.
2. We have solicited and considered the views of the Federal
agencies having an interest in the Mississippi AMLR plan statutes.
Agencies that responded include: the U.S. Bureau of Land Management
(BLM), U.S. Natural Resources Conservation Service (NRCS), and the U.S.
Environmental Protection Agency (EPA).
3. The Mississippi Department of Environmental Quality, Office of
Geology, has the legal authority and administrative structure to carry
out the State AMLR plan statutes.
4. The Mississippi AMLR plan statutes meet all requirements of
OSM's Title IV program provisions.
5. We approved the Mississippi regulatory program effective
September 4, 1980.
6. The Mississippi AMLR plan statutes are in compliance with all
applicable State and Federal laws and regulations.
Therefore, we approve Mississippi's AMLR plan statutes. Although
the AMLR plan statutes conform to statutory requirements, Mississippi
must still submit the information required by 30 CFR 884.13(a) through
(f) before we can make the findings necessary for full approval of its
AMLR plan. The State will be able to receive and spend Federal AMLR
grant funds only after we approve its complete State AMLR plan.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment, but did not receive
any.
[[Page 50340]]
Federal Agency Comments
On May 1, 2006, 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 Mississippi AMLR plan
(Administrative Record No. MS-0403). We received comments from the BLM,
NRCS, and EPA. The BLM did not find any inconsistencies between the
proposed changes and Federal Laws that govern mining (Administrative
Record No. MS-0404). The NRCS stated that it and the Mississippi
Department of Environmental Quality share common interest in
stabilization and restoration following man's use of the land
(Administrative Record No. MS-0406). Both agencies agreed with the
proposed AMLR plan statutes. EPA responded on June 21, 2006, that it
had no comments (Administrative Record No. MS-0411).
V. OSM's Decision
Based on the above findings, we approve the Mississippi AMLR
statutes sent to us on April 5, 2006.
To implement this decision, we are amending the Federal regulations
at 30 CFR part 924, which codify decisions concerning the Mississippi
plan. We find that good cause exists under 5 U.S.C. 553(d)(3) to make
this final rule effective immediately. Section 405 of SMCRA requires
that the State's plan demonstrate that the State has the capability of
carrying out the provisions of the Act and meeting its purposes. Making
this rule effective immediately will expedite that process. SMCRA
requires consistency of State and Federal standards.
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.
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 and Tribal AMLR plans because each program is drafted
and promulgated by a specific State or Tribe, not by OSM. Decisions on
proposed AMLR plans submitted by a State or Tribe are based solely on a
determination of whether the submittal meets the requirements of Title
IV of SMCRA (30 U.S.C. 1231-1243) and 30 CFR part 884 of the Federal
regulations.
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 AMLR programs. 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
405(d) of SMCRA requires State AMLR programs to be in compliance with
the procedures, guidelines, and requirements established under 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 plan does
not provide for reclamation and restoration of land and water resources
adversely affected by past coal mining on Indian lands. Therefore, the
Mississippi plan 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 agency decisions on proposed State and Tribal AMLR plans are
categorically excluded from compliance with the National Environmental
Policy 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.
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
[[Page 50341]]
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: August 15, 2006.
Brent Wahlquist,
Acting Director, Office of Surface Mining Reclamation and Enforcement.
0
For the reasons set out in the preamble, 30 CFR part 924 is amended as
set forth below:
PART 924--MISSISSIPPI
0
1. The authority citation for part 924 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
2. Part 924 is amended by adding Sec. 924.20 to read as follows:
Sec. 924.20 Approval of Mississippi Abandoned Mine Land Reclamation
Plan.
The Mississippi AMLR plan statutes, as submitted on April 5, 2006,
are approved. Copies of the approved plan statutes are available at:
Office of Surface Mining Reclamation and Enforcement, Birmingham Field
Office, 135 Gemini Circle, Suite 215, Homewood, Alabama 35209.
Mississippi Department of Environmental Quality, Office of Geology,
2380 Highway 80 West, Jackson, Mississippi 39289-1307.
[FR Doc. E6-14155 Filed 8-24-06; 8:45 am]
BILLING CODE 4310-05-P
