Maryland Regulatory Program, 33153-33156 [E7-11610]
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33153
Federal Register / Vol. 72, No. 115 / Friday, June 15, 2007 / Rules and Regulations
For plans with a valuation
date
Rate set
On or after
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Before
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165
8–1–07
3. In appendix C to part 4022, Rate Set
165, as set forth below, is added to the
table.
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For plans with a valuation
date
On or after
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Before
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4.00
n1
*
n2
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8
n1
n2
Appendix C to Part 4022—Lump Sum
Interest Rates for Private-Sector
Payments
*
*
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i1
3.25
i2
*
4.00
*
8–1–07
*
Deferred annuities
(percent)
Immediate
annuity rate
(percent)
*
7–1–07
i2
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3.25
*
165
i1
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Deferred annuities
(percent)
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annuity rate
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7
8
Authority: 29 U.S.C. 1301(a), 1302(b)(3),
1341, 1344, 1362.
PART 4044—ALLOCATION OF
ASSETS IN SINGLE-EMPLOYER
PLANS
Appendix B to Part 4044—Interest
Rates Used to Value Benefits
5. In appendix B to part 4044, a new
entry for July 2007, as set forth below,
is added to the table.
*
I
4. The authority citation for part 4044
continues to read as follows:
I
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The values of it are:
For valuation dates occurring in the month—
it
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July 2007 ..........................................................................
Issued in Washington, DC, on this 12th day
of June 2007.
John H. Hanley,
Director, Legislative and Regulatory
Department, Pension Benefit Guaranty
Corporation.
[FR Doc. E7–11561 Filed 6–14–07; 8:45 am]
BILLING CODE 7709–01–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
for t =
it
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>20
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.0533
the Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the
Act). The program amendment consists
of changes to the Maryland Annotated
Code (MAC) to increase the end of
month balance cap of the Bond
Supplement Reserve (Reserve) within
the Bituminous Coal Open-Pit Mining
Reclamation Fund. The amendment is
intended to improve the ability of the
Maryland Department of the
Environment to finance reclamation
projects by increasing the amounts
available in the Reserve.
Effective Date: June 15, 2007.
30 CFR Part 920
DATES:
[MD–055–FOR]
FOR FURTHER INFORMATION CONTACT:
Mr.
George Rieger, Telephone: (717) 782–
4849 ext. 11. E-mail: grieger@osmre.gov.
Maryland Regulatory Program
Office of Surface Mining
Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of
amendment.
rmajette on PROD1PC64 with RULES
AGENCY:
SUPPLEMENTARY INFORMATION:
SUMMARY: We are approving an
amendment to the Maryland regulatory
program (the Maryland program) under
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I. Background on the Maryland Program
II. Submission of the Proposed Amendment
III. OSM’s findings
IV. Summary and Disposition of Comments
V. OSM’s Decision
VI. Procedural Determinations
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I. Background on the Maryland
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
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 the Act * * *
and rules and regulations consistent
with regulations issued by the Secretary
pursuant to the Act.’’ See 30 U.S.C.
1253(a)(1) and (7). On the basis of these
criteria, the Secretary of the Interior
conditionally approved the Maryland
program on December 1, 1980. You can
find background information on the
Maryland program, including the
Secretary’s findings, the disposition of
comments, and conditions of approval
in the December 1, 1980, Federal
Register (45 FR 79431). You can also
find later actions concerning Maryland’s
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33154
Federal Register / Vol. 72, No. 115 / Friday, June 15, 2007 / Rules and Regulations
program and program amendments at 30
CFR 920.12, 920.15, and 920.16.
rmajette on PROD1PC64 with RULES
II. Submission of the Proposed
Amendment
By an undated letter received on
January 29, 2007 (Administrative
Record Number MD–587–00), Maryland
sent us an amendment to revise its
program under SMCRA (30 U.S.C. 1201
et seq.). The amendment revises MAC
provisions to increase the end of month
balance cap of the Bond Supplement
Reserve within the Bituminous Coal
Open-Pit Mining Reclamation Fund.
Maryland submitted these proposed
amendments on its own initiative to
improve the ability of the Maryland
Department of the Environment to
finance reclamation projects by
increasing the amounts available in the
Reserve.
In its submittal of this amendment,
Maryland stated that this action will
improve the ability of the Maryland
Department of the Environment to
finance reclamation projects by
increasing the amounts available in the
Reserve. Maryland stated that the
amendment also addresses findings and
recommendations found in the
Actuarial Study approved by OSM in
the Federal Register dated May 13, 1998
(63 FR 26451).
The Reserve was established for
reclamation purposes when the original
bond is not sufficient to reclaim the site
for which it was posted in the event of
forfeiture. The Reserve receives
revenues from two separate surcharges
that are assessed for each ton of coal
removed by the open-pit or strip
method. These funds are used to
supplement forfeited bonds to enable
the mine site to be reclaimed. If the
funds in the Reserve at the end of any
month equal or exceed a certain fixed
level, or cap, deposits into the Reserve
from these surcharges are temporarily
stopped. If the funds in the Reserve at
the end of any month then drop below
a certain fixed level, or floor, deposits
into the Reserve from these surcharges
are resumed. In this amendment,
Maryland proposes to raise both the cap
and the floor levels, in order to ensure
that more funds are always available for
reclamation expenses.
III. OSM’s Findings
Following are the findings we made
concerning the amendment under
SMCRA and the Federal Regulations at
30 CFR 732.15 and 732.17. We are
approving the amendment.
1. MAC 15–517(c)
Prior to this amendment, subsection
(c) provided as follows:
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15:11 Jun 14, 2007
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(c) When the amount of money in the bond
supplement reserve equals or exceeds
$300,000 at the end of the month, deposits
into the reserve of the amounts provided in
subsection (b)(1) and (2) of this section shall
end temporarily.
Maryland proposed to revise
Subsection (c) by increasing the end-ofmonth balance cap of the Bond
Supplement Reserve from $300,000 to
$750,000.
As amended, Subsection (c) provides
as follows:
(e) At the end of any month when the
amount of money in the bond supplement
reserve is reduced below $500,000:
Because the amendment to this
provision ensures more revenues are
available in the Bond Supplement
Reserve, we find that the changes are
not inconsistent with the Federal
Regulations at 30 CFR 800.11(e) and can
be approved.
IV. Summary and Disposition of
Comments
(c) When the amount of money in the bond
supplement reserve equals or exceeds
$750,000 at the end of the month, deposits
into the reserve of the amounts provided in
subsection (b)(1) and (2) of this section shall
end temporarily.
Public Comments
Because the amendment to this
provision ensures more revenues are
available in the Bond Supplement
Reserve, we find that the changes are
not inconsistent with the Federal
Regulations at 30 CFR 800.11(e),
pertaining to the establishment and
maintenance of an alternative bonding
system, and can be approved.
Federal Agency Comments
2. MAC 15–517(d)(1)
V. OSM’s Decision
Prior to this amendment, subsection
(d)(1) provided as follows:
Based on the above findings, we
approve the Maryland amendment that
we received on January 29, 2007.
To implement this decision, we are
amending the Federal regulations at 30
CFR part 920, which codify decisions
concerning the Maryland program. We
find that good cause exists under 5
U.S.C. 553(d)(3) to make this final rule
effective immediately.
Section 503(a) of SMCRA requires
that Maryland’s program demonstrate
that it has the capability of carrying out
the provisions of the Act and meeting its
purposes. Making this regulation
effective immediately will expedite that
process. SMCRA requires consistency of
Maryland and Federal standards.
(1) The amount of money in the bond
supplement reserve equals or exceeds
$300,000 at the end of the month;
Maryland proposed to raise the endof-month balance cap of the Bond
Supplement Reserve from $300,000 to
$750,000.
As amended, Subsection (d)(1)
provides as follows:
(1) The amount of money in the bond
supplement reserve equals or exceeds
$750,000 at the end of the month;
Because the amendment to this
provision ensures more revenues are
available in the Bond Supplement
Reserve, we find that the changes are
not inconsistent with the Federal
Regulations at 30 CFR 800.11(e) and can
be approved.
3. MAC 15–517(e)
Prior to this amendment, subsection
(e) provided as follows:
(e) At the end of any month when the
amount of money in the bond supplement
reserve is reduced below $200,000:
Maryland proposed to raise the
amount from $200,000 to $500,000
because it believes that the end-ofmonth balance cap that triggers the
resumption of surcharges and deposits
needed to be increased as well.
As amended, Subsection (e) provides
as follows:
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We asked for public comments on the
amendment (Administrative Record
Number MD–587–02), but did not
receive any.
Under 30 CFR 732.17(h)(11)(i) and
section 503(b) of SMCRA, we requested
comments on the amendment from
various Federal agencies with an actual
or potential interest in the Maryland
program (Administrative Record
Number MD–587–01), but did not
receive any.
VI. Procedural Determinations
Executive Order 12630—Takings
In accordance with Executive Order
12630, the provisions in the rule, as
described in the preamble, do not have
significant takings implications;
therefore, a takings implication
assessment is not required.
Executive Order 12866—Regulatory
Planning and Review
This rule is exempt from review by
the Office of Management and Budget
under Executive Order 12866.
Executive Order 12988—Civil Justice
Reform
The Department of the Interior has
conducted the reviews required by
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Federal Register / Vol. 72, No. 115 / Friday, June 15, 2007 / Rules and Regulations
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
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
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Original amendment
submission date
Federal Government and Indian tribes.
The basis for this determination is our
decision is on a State regulatory
program and does not involve a Federal
regulation involving Indian lands.
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)).
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
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January 29, 2007 ................. June 15, 2007 ....................
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15:11 Jun 14, 2007
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PO 00000
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
analysis performed under various laws
and executive orders for the counterpart
Federal regulations.
Unfunded Mandates
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.).
Date of final publication
economic impact, the Department relied
upon the data and assumptions for the
counterpart Federal regulations.
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 analysis performed under various
laws and executive orders for the
counterpart Federal regulations.
List of Subjects in 30 CFR Part 920
Intergovernmental relations, Surface
mining, Underground mining.
Dated: May 4, 2007.
Michael K. Robinson,
Acting Regional Director, Appalachian
Region.
PART 920—MARYLAND
1. The authority citation for part 920
continues to read as follows:
I
Authority: 30 U.S.C. 1201 et seq.
2. Section 920.15 is amended in the
table by adding a new entry in
chronological order by ‘‘Date of final
publication’’ to read as follows:
I
§ 920.15 Approval of Maryland regulatory
program amendments.
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Citation/description
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MAC 15–517(c); 15–517(d)(1); and 15–517(e).
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33156
Federal Register / Vol. 72, No. 115 / Friday, June 15, 2007 / Rules and Regulations
[FR Doc. E7–11610 Filed 6–14–07; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD01–07–058]
Drawbridge Operation Regulations;
Charles River and Its Tributaries,
Boston, MA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
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ACTION:
SUMMARY: The Commander, First Coast
Guard District, has issued a temporary
deviation from the regulation governing
the operation of the Massachusetts Bay
Commuter Railroad (MBCR)/Amtrak
Bridge across the Charles River, mile
0.8, at Boston, Massachusetts. Under
this temporary deviation, in effect for
two weekends, the MBTA/Amtrak
Bridge may remain in the closed
position on Friday evening June 8 and
15, 2007, from 11:59 p.m. through to 5
a.m. Saturday morning. Vessels that can
pass under the draw without a bridge
opening may do so at all times. This
deviation is necessary to facilitate
bridge track repairs.
DATES: This deviation is effective from
June 8, 2007 through June 16, 2007.
ADDRESSES: Materials referred to in this
document are available for inspection or
copying at the First Coast Guard
District, Bridge Branch Office, 408
Atlantic Avenue, Boston,
Massachusetts, 02110, between 7 a.m.
and 3 p.m., Monday through Friday,
except Federal holidays. The telephone
number is (617) 223–8364. The First
Coast Guard District Bridge Branch
Office maintains the public docket for
this temporary deviation.
FOR FURTHER INFORMATION CONTACT: John
McDonald, Project Officer, First Coast
Guard District, at (617) 223–8364.
SUPPLEMENTARY INFORMATION: The
MBTA/Amtrak Bridge, across the
Charles River, mile 0.8, at Boston,
Massachusetts, has a vertical clearance
in the closed position of 3 feet at mean
high water and 12 feet at mean low
water. The existing drawbridge
operation regulations are listed at 33
CFR 117.591(c).
The owner of the bridge, the
Massachusetts Bay Commuter Railroad
(MBCR), requested a temporary
deviation to facilitate repairs to the
bridge rails.
VerDate Aug<31>2005
20:43 Jun 14, 2007
Jkt 211001
Under this temporary deviation the
MBCR/Amtrak Bridge need not open for
the passage of vessel traffic on Friday
evening June 8, 2007 and June 15, 2007,
from 11:59 p.m. through 5 a.m. Saturday
morning. Vessels that can pass under
the bridge without a bridge opening may
do so at all times.
In accordance with 33 CFR 117.35(e),
the bridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: June 4, 2007.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. E7–11550 Filed 6–14–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD09–07–021]
RIN 1625–AA00
Safety Zone; Roostertail Fireworks,
Detroit River, Detroit, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
the Detroit River, Detroit, Michigan.
This zone is intended to restrict vessels
from a portion of Detroit River during
the Roostertail fireworks display. This
temporary safety zone is necessary to
protect spectators and vessels from the
hazards associated with fireworks
displays.
This rule is effective from 9 p.m.
on June 2, 2007 until 11 p.m. on June
29, 2007.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket, are part of docket [CGD09–07–
021] and are available for inspection or
copying at U.S. Coast Guard Sector
Detroit, 110 Mt. Elliot Ave., Detroit, MI
48207 between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: LT
Jeff Ahlgren, Waterways Management,
U.S. Coast Guard Sector Detroit, 110
Mount Elliot Ave., Detroit, MI 48207;
(313) 568–9580.
SUPPLEMENTARY INFORMATION:
DATES:
PO 00000
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Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM. The permit
application was not received in time to
publish an NPRM followed by a final
rule before the effective date.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying this rule would be
contrary to the public interest of
ensuring the safety of spectators and
vessels during this event, and
immediate action is necessary to
prevent possible loss of life and
property. The Coast Guard has not
received any complaints or negative
comments previously with regard to this
event.
Background and Purpose
This temporary safety zone is
necessary to ensure the safety of vessels
and spectators from hazards associated
with a fireworks display. Based on
accidents that have occurred in other
Captain of the Port zones and the
explosive hazards of fireworks, the
Captain of the Port Detroit has
determined fireworks launches in close
proximity to watercraft pose significant
risk to public safety and property. The
likely combination of large numbers of
recreation vessels, congested waterways,
darkness punctuated by bright flashes of
light, alcohol use, and debris falling into
the water could easily result in serious
injuries or fatalities. Establishing a
safety zone to control vessel movement
around the location of the launch
platform will help ensure the safety of
persons and property at these events
and help minimize the associated risks.
Discussion of Rule
A temporary safety zone is necessary
to ensure the safety of spectators and
vessels during the setup, loading, and
launching of a fireworks display in
conjunction with the Roostertail
Fireworks Display. The fireworks
display will occur between 9 p.m. and
11 p.m. on June 2, 2007 and June 29,
2007.
The safety zone for the June 2, 2007
and June 29, 2007 fireworks will
encompass all waters of Detroit River,
near the Roostertail Restaurant between
Detroit and Belle Isle, bound by the
following coordinates: 42–21′17.75″ N/
082–58′31.12″ W; 42–21′13.15″ N/082–
58′28.40″ W; 42–21′16.36″ N/082–
58′19.42″ W; 42–21′20.59″ N/082–
58′22.36″ W. All geographic coordinates
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]]>Agencies
[Federal Register Volume 72, Number 115 (Friday, June 15, 2007)]
[Rules and Regulations]
[Pages 33153-33156]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11610]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 920
[MD-055-FOR]
Maryland Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
-----------------------------------------------------------------------
SUMMARY: We are approving an amendment to the Maryland regulatory
program (the Maryland program) under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the Act). The program amendment
consists of changes to the Maryland Annotated Code (MAC) to increase
the end of month balance cap of the Bond Supplement Reserve (Reserve)
within the Bituminous Coal Open-Pit Mining Reclamation Fund. The
amendment is intended to improve the ability of the Maryland Department
of the Environment to finance reclamation projects by increasing the
amounts available in the Reserve.
DATES: Effective Date: June 15, 2007.
FOR FURTHER INFORMATION CONTACT: Mr. George Rieger, Telephone: (717)
782-4849 ext. 11. E-mail: grieger@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Maryland Program
II. Submission of the Proposed Amendment
III. OSM's findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Procedural Determinations
I. Background on the Maryland 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 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 the Act * * * and
rules and regulations consistent with regulations issued by the
Secretary pursuant to the Act.'' See 30 U.S.C. 1253(a)(1) and (7). On
the basis of these criteria, the Secretary of the Interior
conditionally approved the Maryland program on December 1, 1980. You
can find background information on the Maryland program, including the
Secretary's findings, the disposition of comments, and conditions of
approval in the December 1, 1980, Federal Register (45 FR 79431). You
can also find later actions concerning Maryland's
[[Page 33154]]
program and program amendments at 30 CFR 920.12, 920.15, and 920.16.
II. Submission of the Proposed Amendment
By an undated letter received on January 29, 2007 (Administrative
Record Number MD-587-00), Maryland sent us an amendment to revise its
program under SMCRA (30 U.S.C. 1201 et seq.). The amendment revises MAC
provisions to increase the end of month balance cap of the Bond
Supplement Reserve within the Bituminous Coal Open-Pit Mining
Reclamation Fund. Maryland submitted these proposed amendments on its
own initiative to improve the ability of the Maryland Department of the
Environment to finance reclamation projects by increasing the amounts
available in the Reserve.
In its submittal of this amendment, Maryland stated that this
action will improve the ability of the Maryland Department of the
Environment to finance reclamation projects by increasing the amounts
available in the Reserve. Maryland stated that the amendment also
addresses findings and recommendations found in the Actuarial Study
approved by OSM in the Federal Register dated May 13, 1998 (63 FR
26451).
The Reserve was established for reclamation purposes when the
original bond is not sufficient to reclaim the site for which it was
posted in the event of forfeiture. The Reserve receives revenues from
two separate surcharges that are assessed for each ton of coal removed
by the open-pit or strip method. These funds are used to supplement
forfeited bonds to enable the mine site to be reclaimed. If the funds
in the Reserve at the end of any month equal or exceed a certain fixed
level, or cap, deposits into the Reserve from these surcharges are
temporarily stopped. If the funds in the Reserve at the end of any
month then drop below a certain fixed level, or floor, deposits into
the Reserve from these surcharges are resumed. In this amendment,
Maryland proposes to raise both the cap and the floor levels, in order
to ensure that more funds are always available for reclamation
expenses.
III. OSM's Findings
Following are the findings we made concerning the amendment under
SMCRA and the Federal Regulations at 30 CFR 732.15 and 732.17. We are
approving the amendment.
1. MAC 15-517(c)
Prior to this amendment, subsection (c) provided as follows:
(c) When the amount of money in the bond supplement reserve
equals or exceeds $300,000 at the end of the month, deposits into
the reserve of the amounts provided in subsection (b)(1) and (2) of
this section shall end temporarily.
Maryland proposed to revise Subsection (c) by increasing the end-
of-month balance cap of the Bond Supplement Reserve from $300,000 to
$750,000.
As amended, Subsection (c) provides as follows:
(c) When the amount of money in the bond supplement reserve
equals or exceeds $750,000 at the end of the month, deposits into
the reserve of the amounts provided in subsection (b)(1) and (2) of
this section shall end temporarily.
Because the amendment to this provision ensures more revenues are
available in the Bond Supplement Reserve, we find that the changes are
not inconsistent with the Federal Regulations at 30 CFR 800.11(e),
pertaining to the establishment and maintenance of an alternative
bonding system, and can be approved.
2. MAC 15-517(d)(1)
Prior to this amendment, subsection (d)(1) provided as follows:
(1) The amount of money in the bond supplement reserve equals or
exceeds $300,000 at the end of the month;
Maryland proposed to raise the end-of-month balance cap of the Bond
Supplement Reserve from $300,000 to $750,000.
As amended, Subsection (d)(1) provides as follows:
(1) The amount of money in the bond supplement reserve equals or
exceeds $750,000 at the end of the month;
Because the amendment to this provision ensures more revenues are
available in the Bond Supplement Reserve, we find that the changes are
not inconsistent with the Federal Regulations at 30 CFR 800.11(e) and
can be approved.
3. MAC 15-517(e)
Prior to this amendment, subsection (e) provided as follows:
(e) At the end of any month when the amount of money in the bond
supplement reserve is reduced below $200,000:
Maryland proposed to raise the amount from $200,000 to $500,000
because it believes that the end-of-month balance cap that triggers the
resumption of surcharges and deposits needed to be increased as well.
As amended, Subsection (e) provides as follows:
(e) At the end of any month when the amount of money in the bond
supplement reserve is reduced below $500,000:
Because the amendment to this provision ensures more revenues are
available in the Bond Supplement Reserve, we find that the changes are
not inconsistent with the Federal Regulations at 30 CFR 800.11(e) and
can be approved.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment (Administrative
Record Number MD-587-02), but did not receive any.
Federal Agency Comments
Under 30 CFR 732.17(h)(11)(i) and section 503(b) of SMCRA, we
requested comments on the amendment from various Federal agencies with
an actual or potential interest in the Maryland program (Administrative
Record Number MD-587-01), but did not receive any.
V. OSM's Decision
Based on the above findings, we approve the Maryland amendment that
we received on January 29, 2007.
To implement this decision, we are amending the Federal regulations
at 30 CFR part 920, which codify decisions concerning the Maryland
program. We find that good cause exists under 5 U.S.C. 553(d)(3) to
make this final rule effective immediately.
Section 503(a) of SMCRA requires that Maryland's program
demonstrate that it has the capability of carrying out the provisions
of the Act and meeting its purposes. Making this regulation effective
immediately will expedite that process. SMCRA requires consistency of
Maryland and Federal standards.
VI. Procedural Determinations
Executive Order 12630--Takings
In accordance with Executive Order 12630, the provisions in the
rule, as described in the preamble, do not have significant takings
implications; therefore, a takings implication assessment is not
required.
Executive Order 12866--Regulatory Planning and Review
This rule is exempt from review by the Office of Management and
Budget under Executive Order 12866.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by
[[Page 33155]]
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
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 basis for this determination is our decision is on a State
regulatory program and does not involve a Federal regulation involving
Indian lands.
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 analysis performed
under various laws and executive orders for the counterpart Federal
regulations.
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 analysis performed
under various laws and executive orders for the counterpart Federal
regulations.
List of Subjects in 30 CFR Part 920
Intergovernmental relations, Surface mining, Underground mining.
Dated: May 4, 2007.
Michael K. Robinson,
Acting Regional Director, Appalachian Region.
PART 920--MARYLAND
0
1. The authority citation for part 920 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
2. Section 920.15 is amended in the table by adding a new entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 920.15 Approval of Maryland regulatory program amendments.
* * * * *
----------------------------------------------------------------------------------------------------------------
Original amendment submission date Date of final publication Citation/description
----------------------------------------------------------------------------------------------------------------
* * * * * * *
January 29, 2007........................ June 15, 2007.............. MAC 15-517(c); 15-517(d)(1); and 15-
517(e).
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[[Page 33156]]
[FR Doc. E7-11610 Filed 6-14-07; 8:45 am]
BILLING CODE 4310-05-P
