Maryland Regulatory Program, 33153-33156 [E7-11610]

Download as PDF 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 * Before * 165 8–1–07 3. In appendix C to part 4022, Rate Set 165, as set forth below, is added to the table. I For plans with a valuation date On or after * Before i3 4.00 n1 * n2 * * 4.00 7 8 n1 n2 Appendix C to Part 4022—Lump Sum Interest Rates for Private-Sector Payments * * * i1 3.25 i2 * 4.00 * 8–1–07 * Deferred annuities (percent) Immediate annuity rate (percent) * 7–1–07 i2 * 4.00 3.25 * 165 i1 * 7–1–07 Rate set Deferred annuities (percent) Immediate annuity rate (percent) i3 4.00 * * * 4.00 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 * * * * The values of it are: For valuation dates occurring in the month— it * * * 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 for t = 1–20 * .0500 >20 * .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 VerDate Aug<31>2005 15:11 Jun 14, 2007 Jkt 211001 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 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 it * for t = * N/A N/A 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 E:\FR\FM\15JNR1.SGM 15JNR1 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: VerDate Aug<31>2005 15:11 Jun 14, 2007 Jkt 211001 (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: PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 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 E:\FR\FM\15JNR1.SGM 15JNR1 33155 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 rmajette on PROD1PC64 with RULES 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 * * * January 29, 2007 ................. June 15, 2007 .................... VerDate Aug<31>2005 15:11 Jun 14, 2007 Jkt 211001 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. * * * * * Citation/description * * MAC 15–517(c); 15–517(d)(1); and 15–517(e). Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\15JNR1.SGM 15JNR1 * * 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: rmajette on PROD1PC64 with RULES 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 Frm 00010 Fmt 4700 Sfmt 4700 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 E:\FR\FM\15JNR1.SGM 15JNR1

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]


=======================================================================
-----------------------------------------------------------------------

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).
----------------------------------------------------------------------------------------------------------------


[[Page 33156]]

[FR Doc. E7-11610 Filed 6-14-07; 8:45 am]
BILLING CODE 4310-05-P