North Dakota Regulatory Program, 21087-21090 [E8-8408]
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Federal Register / Vol. 73, No. 76 / Friday, April 18, 2008 / Proposed Rules
ability of United States-based
companies to compete with foreignbased companies in domestic and
export markets.
List of Subjects in 28 CFR Part 28
Crime, Information, Law enforcement,
Prisoners, Prisons, Probation and parole,
Records.
For the reasons stated in the
preamble, the Department of Justice
proposes to amend 28 CFR part 28 as
follows:
PART 28—DNA IDENTIFICATION
SYSTEM
1. The authority citation for part 28 is
revised to read as follows:
Authority: 28 U.S.C. 509, 510; 42 U.S.C.
14132, 14135a, 14135b; 10 U.S.C. 1565;
Public Law 106–546, 114 Stat. 2726; Public
Law 107–56, 115 Stat. 272; Public Law 108–
405, 118 Stat. 2260; Public Law 109–162, 119
Stat. 2960; Pub. L. 109–248, 120 Stat. 587.
2. Section 28.12 is revised to read as
follows:
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§ 28.12
Collection of DNA samples.
(a) The Bureau of Prisons shall collect
a DNA sample from each individual in
the custody of the Bureau of Prisons
who is, or has been, convicted of—
(1) A Federal offense (including any
offense under the Uniform Code of
Military Justice); or
(2) A qualifying District of Columbia
offense, as determined under section
4(d) of Public Law 106–546.
(b) Any agency of the United States
that arrests or detains individuals or
supervises individuals facing charges
shall collect DNA samples from
individuals who are arrested, facing
charges, or convicted, and from nonUnited States persons who are detained
under the authority of the United States.
For purposes of this paragraph, ‘‘nonUnited States persons’’ means persons
who are not United States citizens and
who are not lawfully admitted for
permanent residence as defined in 8
CFR 1.1(p). Unless otherwise directed
by the Attorney General, the collection
of DNA samples under this paragraph
may be limited to individuals from
whom the agency collects fingerprints
and may be subject to other limitations
or exceptions approved by the Attorney
General. The DNA-sample collection
requirements for the Department of
Homeland Security in relation to nonarrestees do not include, except to the
extent provided by the Secretary of
Homeland Security, collecting DNA
samples from:
(1) Aliens lawfully in, or being
processed for lawful admission to, the
United States;
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(2) Aliens held at a port of entry
during consideration of admissibility
and not subject to further detention or
proceedings;
(3) Aliens held in connection with
maritime interdiction; or
(4) Other aliens with respect to whom
the Secretary of Homeland Security, in
consultation with the Attorney General,
determines that the collection of DNA
samples is not feasible because of
operational exigencies or resource
limitations.
(c) The DNA-sample collection
requirements under this section shall be
implemented by each agency as soon as
feasible, and in any event shall be
implemented fully by each agency no
later than December 31, 2008.
(d) Each individual described in
paragraph (a) or (b) of this section shall
cooperate in the collection of a DNA
sample from that individual. Agencies
required to collect DNA samples under
this section may use or authorize the
use of such means as are reasonably
necessary to detain, restrain, and collect
a DNA sample from an individual
described in paragraph (a) or (b) who
refuses to cooperate in the collection of
the sample.
(e) Agencies required to collect DNA
samples under this section may enter
into agreements with other agencies
described in paragraph (a) or (b) of this
section, with units of state or local
governments, and with private entities
to carry out the collection of DNA
samples. An agency may, but need not,
collect a DNA sample from an
individual if—
(1) Another agency or entity has
collected, or will collect, a DNA sample
from that individual pursuant to an
agreement under this paragraph;
(2) The Combined DNA Index System
already contains a DNA analysis with
respect to that individual; or
(3) Waiver of DNA-sample collection
in favor of collection by another agency
is authorized by 42 U.S.C. 14135a(a)(3)
or 10 U.S.C. 1565(a)(2).
(f) Each agency required to collect
DNA samples under this section shall—
(1) Carry out DNA-sample collection
utilizing sample-collection kits
provided or other means authorized by
the Attorney General, including
approved methods of blood draws or
buccal swabs;
(2) Furnish each DNA sample
collected under this section to the
Federal Bureau of Investigation, or to
another agency or entity as authorized
by the Attorney General, for purposes of
analysis and entry of the results of the
analysis into the Combined DNA Index
System; and
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(3) Repeat DNA-sample collection
from an individual who remains or
becomes again subject to the agency’s
jurisdiction or control if informed that
a sample collected from the individual
does not satisfy the requirements for
analysis or for entry of the results of the
analysis into the Combined DNA Index
System.
(g) The authorization of DNA-sample
collection by this section pursuant to
Public Law 106–546 does not limit
DNA-sample collection by any agency
pursuant to any other authority.
Dated: April 11, 2008.
Michael B. Mukasey,
Attorney General.
[FR Doc. E8–8339 Filed 4–17–08; 8:45 am]
BILLING CODE 4410–19–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 930
[SATS No. ND–050–FOR; Docket ID OSM–
2008–0004; North Dakota Amendment No.
XXXVIII]
North Dakota Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment
period and opportunity for public
hearing on proposed amendment.
AGENCY:
SUMMARY: We are announcing receipt of
a proposed amendment to the North
Dakota regulatory program (hereinafter,
the North Dakota program) under the
Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the
Act). North Dakota proposes revisions to
rules that would change self-bonding
requirements, update terminology used
for describing native grasslands, and
correct a cross reference error. At its
own initiative, it intends to revise its
program to improve operational
efficiency.
This document gives the times and
locations that the North Dakota program
and proposed amendment to that
program are available for your
inspection, the comment period during
which you may submit written
comments on the amendment, and the
procedures that we will follow for the
public hearing, if one is requested.
DATES: We will accept written
comments on this amendment until 4
p.m., m.d.t. May 19, 2008. If requested,
we will hold a public hearing on the
amendment on May 13, 2008. We will
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accept requests to speak until 4 p.m.,
m.d.t. on May 5, 2008.
ADDRESSES: You may submit comments,
identified by ‘‘SATS No. ND–050–FOR’’
and/or Docket ID OSM–2008–0004’’ by
any of the following methods:
• E-mail: [JFleischman@osmre.gov].
Include OSM–2008–0004 in the subject
line of the message.
• Mail/Hand Delivery/Courier: Jeffrey
W. Fleischman, Director, Casper Field
Office, Office of Surface Mining
Reclamation and Enforcement, Federal
Building, 150 East B Street, Room 1018,
Casper, Wyoming 82601–1018, 307/
261–6550, JFleischman@osmre.gov.
• Fax: 307/261–6552.
• Federal eRulemaking Portal: https://
www.regulations.gov. The proposed rule
has been assigned Docket ID: OSM–
2008–0004. If you would like to submit
comments through the Federal
eRulemaking Portal, go to
www.regulations.gov and do the
following. Click on the ‘‘Advanced
Docket Search’’ button on the right side
of the screen. Type in Docket ID OSM–
2008–0004 and click the ‘‘Submit’’
button at the bottom of the page. The
next screen will display Docket Search
Results for the rulemaking. If you click
on OSM–2008–0004 you can view the
proposed rule and submit a comment.
You can also view supporting material
and any comments submitted by others.
Instructions: All submissions received
must include the agency name and
OSM–2008–0004. For detailed
instructions on submitting comments
and additional information on the
rulemaking process, see the ‘‘Public
Comment Procedures’’ heading in the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: In addition to viewing the
Docket and obtaining copies of
documents at https://
www.regulations.gov, you may also
review copies of the North Dakota
program, this amendment, a listing of
any scheduled public hearings, and all
written comments received in response
to this document, at the addresses listed
below during normal business hours,
Monday through Friday, excluding
holidays. You may receive one free copy
of the amendment by contacting the
Office of Surface Mining Reclamation
and Enforcement (OSM’s) Casper Field
Office.
Jeffrey W. Fleischman, Director, Casper
Field Office, Office of Surface Mining
Reclamation and Enforcement,
Federal Building, 150 East B Street,
Room 1018, Casper, Wyoming 82601–
1018, 307/261–6550,
JFleischman@osmre.gov
James R. Deutsch, North Dakota Public
Service Commission, Capitol
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Building, Bismarck, North Dakota
58505, Tel: 701–328–2251, E-mail:
jrd@oracle.psc.state.nd.us
FOR FURTHER INFORMATION CONTACT:
Jeffrey W. Fleischman, Telephone: 307–
261–6550. Internet:
JFleischman@osmre.gov
SUPPLEMENTARY INFORMATION:
I. Background on the North Dakota Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the North Dakota
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 State 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 this Act * * *; and
rules and regulations consistent with
regulations issued by the Secretary
pursuant to this Act.’’ See 30 U.S.C.
1253(a)(1) and (7). On the basis of these
criteria, the Secretary of the Interior
conditionally approved the North
Dakota program on December 15, 1980.
You can find background information
on the North Dakota program, including
the Secretary’s findings, the disposition
of comments, and conditions of
approval of the North Dakota program in
the December 15, 1980 Federal Register
(45 FR 82214). You can also find later
actions concerning North Dakota’s
program and program amendments at 30
CFR 934.15, and 934.30.
II. Description of the Proposed
Amendment
By letter dated March 12, 2008, North
Dakota sent us a proposed amendment
(Amendment number North Dakota
XXXVIII) to its program, under SMCRA
(30 U.S.C. 1201 et seq.). The full text of
the program amendment is available for
you to read at the locations listed above
under ADDRESSES.
Specifically, North Dakota proposes
to: (1) Revise its self bonding provisions
under North Dakota Administrative
Code (NDAC) Article 69–5.2–12–05.1 to
allow the North Dakota Public Service
Commission to accept bond ratings from
other nationally recognized rating
organizations in addition to Moody’s
Investors Service and Standards and
Poor’s ratings, for companies that
guarantee self bonds; (2) update, under
NDAC 69–05.2–08–08, premine land
use and vegetation requirements, and
some terminology used for native
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grassland descriptions to reflect what is
used by USDA’s Natural Resource
Conservation Service; and (3) correct a
cross reference error in NDAC 69–05.2–
10–03.
III. Public Comment Procedures
Under the provisions of 30 CFR
732.17(h), we are seeking your
comments on whether the amendment
satisfies the applicable program
approval criteria of 30 CFR 732.15. If we
approve the amendment, it will become
part of the North Dakota program.
Written Comments
Send your written or electronic
comments to OSM at the address given
above. Your comments should be
specific, pertain only to the issues
proposed in this rulemaking, and
include explanations in support of your
recommendations. We will not consider
or respond to your written comments
when developing the final rule if they
are received after the close of the
comment period (see DATES). We will
make every attempt to log all comments
into the administrative record, but
comments delivered to an address other
than the Casper Field Office, or https://
www.regulations.gov, may not be logged
in.
Availability of Comments
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public view, we
cannot guarantee that we will be able to
do so.
Public Hearing
If you wish to speak at the public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT by 4
p.m., m.d.t. on May 5, 2008. If you are
disabled and need reasonable
accommodations to attend a public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT. We
will arrange the location and time of the
hearing with those persons requesting
the hearing. If no one requests an
opportunity to speak, we will not hold
the hearing.
To assist the transcriber and ensure an
accurate record, we request, if possible,
that each person who speaks at a public
hearing provide us with a written copy
of his or her comments. The public
hearing will continue on the specified
date until everyone scheduled to speak
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has been given an opportunity to be
heard. If you are in the audience and
have not been scheduled to speak and
wish to do so, you will be allowed to
speak after those who have been
scheduled. We will end the hearing after
everyone scheduled to speak and others
present in the audience who wish to
speak have been heard.
Public Meeting
If there is only limited interest in
participating in a public hearing, we
may hold a public meeting rather than
a public hearing. If you wish to meet
with us to discuss the amendment,
please request a meeting by contacting
the person listed under FOR FURTHER
INFORMATION CONTACT. All such meetings
are open to the public and, if possible,
we will post notices of meetings at the
locations listed under ADDRESSES. We
will make a written summary of each
meeting a part of the administrative
record.
IV. Procedural Determinations
Executive Order 12630—Takings
This rule does not have takings
implications. This determination is
based on the analysis performed for the
Federal regulations.
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Executive Order 12866—Regulatory
Planning and Review
This rule is exempted from review by
the Office of Management and Budget
(OMB) under Executive Order 12866.
Executive Order 12988—Civil Justice
Reform
The Department of the Interior has
conducted the reviews required by
section 3 of Executive Order 12988 and
has determined that this rule meets the
applicable standards of subsections (a)
and (b) of that section.
However, these standards are not
applicable to the actual language of
State regulatory programs and program
amendments because each program is
drafted and promulgated by a specific
State, not by OSM. Under sections 503
and 505 of SMCRA (30 U.S.C. 1253 and
1255) and the Federal regulations at 30
CFR 730.11, 732.15, and 732.17(h)(10),
decisions on proposed State regulatory
programs and program amendments
submitted by the States must be based
solely on a determination of whether the
submittal is consistent with SMCRA and
its implementing Federal regulations
and whether the other requirements of
30 CFR parts 730, 731, and 732 have
been met.
Executive Order 13132—Federalism
This rule does not have federalism
implications. SMCRA delineates the
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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. Section 503(a)(7) requires that
State programs contain rules and
regulations ‘‘consistent with’’
regulations issued by the Secretary
pursuant to SMCRA.
Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
In accordance with Executive Order
13175, we have evaluated the potential
effects of this rule on Federally
recognized Indian Tribes and have
determined that the rule does not have
substantial direct effects on one or more
Indian Tribes, on the relationship
between the Federal government and
Indian Tribes, or on the distribution of
power and responsibilities between the
Federal government and Indian Tribes.
The rule does not involve or affect
Indian Tribes in any way.
Executive Order 13211—Regulations
That Significantly Affect the Supply,
Distribution, or Use of Energy
On May 18, 2001, the President issued
Executive Order 13211 which requires
agencies to prepare a Statement of
Energy Effects for a rule that is (1)
considered significant under Executive
Order 12866, and (2) likely to have a
significant adverse effect on the supply,
distribution, or use of energy. Because
this rule is exempt from review under
Executive Order 12866 and is not
expected to have a significant adverse
effect on the supply, distribution, or use
of energy, a Statement of Energy Effects
is not required.
National Environmental Policy Act
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. 4321 et seq).
Paperwork Reduction Act
This rule does not contain
information collection requirements that
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21089
require approval by OMB under the
Paperwork Reduction Act (44 U.S.C.
3501 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
Federal regulations.
Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), of the Small Business
Regulatory Enforcement Fairness Act.
This rule:
a. Does not have an annual effect on
the economy of $100 million.
b. Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions.
c. Does not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S. based enterprises to
compete with foreign-based enterprises.
This determination is based upon the
fact that the State submittal which is the
subject of this rule is based upon
Federal regulations for which an
analysis was prepared and a
determination made that the Federal
regulations were not considered major.
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
Federal regulations for which an
analysis was prepared and a
determination made that the Federal
regulations did not impose an unfunded
mandate.
List of Subjects in 30 CFR Part 930
Intergovernmental relations, Surface
mining, Underground mining.
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Dated: April 2, 2008.
Billie E. Clark,
Acting Regional Director, Western Region.
[FR Doc. E8–8408 Filed 4–17–08; 8:45 am]
District, at (757) 398–6222. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
BILLING CODE 4310–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[USCG–2008–0207]
RIN 1625–AA09
Drawbridge Operation Regulations;
Potomac River, Oxon Hill, MD and
Alexandria, VA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
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ACTION:
SUMMARY: The Coast Guard proposes to
temporarily change the regulations
governing the operation of the new
Woodrow Wilson Memorial (I–95)
Bridge, mile 103.8, across Potomac
River between Alexandria, Virginia and
Oxon Hill, Maryland. This action is
necessary to finalize construction of the
drawbridge. While construction
continues, this proposal would allow
the drawbridge to remain closed-tonavigation each day from 10 a.m. to 2
p.m. beginning May 31, 2008 until and
including March 1, 2009.
DATES: Comments and related material
must reach the Coast Guard by June 2,
2008.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2008–0207 to the Docket
Management Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:
(1) Online: https://
www.regulations.gov.
(2) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(3) Hand delivery: Room W12–140 on
the Ground Floor of the West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The telephone
number is 202–366–9329.
(4) Fax: 202–493–2251.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call Waverly W. Gregory, Jr.,
Bridge Administrator, Fifth Coast Guard
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Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided.
We have an agreement with the
Department of Transportation (DOT) to
use the Docket Management Facility.
Please see DOT’s ‘‘Privacy Act’’
paragraph below.
except Federal holidays or at
Commander (dpb), Fifth Coast Guard
District, Federal Building, 1st Floor, 431
Crawford Street, Portsmouth, VA
233704–5004 between 8 a.m. and 4
p.m., Monday through Friday, except
Federal holidays.
Privacy Act
Anyone can search the electronic
form of all comments received into any
of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review the
Department of Transportation’s Privacy
Act Statement in the Federal Register
published on April 11, 2000 (65 FR
19477), or you may visit https://
DocketsInfo.dot.gov.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2008–0207),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. We recommend that you
include your name and a mailing
address, an e-mail address, or a phone
number in the body of your document
so that we can contact you if we have
questions regarding your submission.
You may submit your comments and
material by electronic means, mail, fax,
or delivery to the Docket Management
Facility at the address under ADDRESSES;
but please submit your comments and
material by only one means. If you
submit them by mail or delivery, submit
them in an unbound format, no larger
than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit them by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period. We may
change this proposed rule in view of
them.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov at any time.
Enter the docket number for this
rulemaking (USCG–2008–0207) in the
Search box, and click ‘‘Go>>.’’ You may
also visit either the Docket Management
Facility in Room W12–140 on the
ground floor of the DOT West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
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Public Meeting
Currently, no public meeting is
scheduled. But you may submit a
request for one to the Docket
Management Facility at the address
under ADDRESSES explaining why one
would be beneficial. If we determine
that one would aid this rulemaking, we
will hold one at a time and place
announced by a later notice in the
Federal Register.
Background and Purpose
On March 5, 2008, we published a
notice of temporary deviation from the
regulations entitled ‘‘Drawbridge
Operation Regulations; Potomac River,
Between Maryland and Virginia’’ in the
Federal Register (73 FR 13127).
The Maryland State Highway
Administration and the Virginia
Department of Transportation, coowners of the drawbridge, requested an
extension of the aforementioned
temporary deviation for a longer period
of time in an effort to minimize the
potential for major regional traffic
impacts and consequences during
bridge openings while construction
continues. Bridge owners requested that
the drawbridge not be available for
openings for vessels each day between
the hours of 10 a.m. to 2 p.m. from
Saturday, May 31, 2008 through
Sunday, March 1, 2009 or until the
bridge is properly commissioned,
whichever comes first. Construction
will continue during this time period
and the normal vehicular traffic pattern
with five lanes operating in each
direction is not anticipated until near
the end of the time period.
From a river-user standpoint, the
coordinators for the construction of the
new Woodrow Wilson Bridge Project
have received no requests from boaters
or mariners to open during the 10 a.m.
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]]>Agencies
[Federal Register Volume 73, Number 76 (Friday, April 18, 2008)]
[Proposed Rules]
[Pages 21087-21090]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8408]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 930
[SATS No. ND-050-FOR; Docket ID OSM-2008-0004; North Dakota Amendment
No. XXXVIII]
North Dakota Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
-----------------------------------------------------------------------
SUMMARY: We are announcing receipt of a proposed amendment to the North
Dakota regulatory program (hereinafter, the North Dakota program) under
the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the
Act). North Dakota proposes revisions to rules that would change self-
bonding requirements, update terminology used for describing native
grasslands, and correct a cross reference error. At its own initiative,
it intends to revise its program to improve operational efficiency.
This document gives the times and locations that the North Dakota
program and proposed amendment to that program are available for your
inspection, the comment period during which you may submit written
comments on the amendment, and the procedures that we will follow for
the public hearing, if one is requested.
DATES: We will accept written comments on this amendment until 4 p.m.,
m.d.t. May 19, 2008. If requested, we will hold a public hearing on the
amendment on May 13, 2008. We will
[[Page 21088]]
accept requests to speak until 4 p.m., m.d.t. on May 5, 2008.
ADDRESSES: You may submit comments, identified by ``SATS No. ND-050-
FOR'' and/or Docket ID OSM-2008-0004'' by any of the following methods:
E-mail: [JFleischman@osmre.gov]. Include OSM-2008-0004 in
the subject line of the message.
Mail/Hand Delivery/Courier: Jeffrey W. Fleischman,
Director, Casper Field Office, Office of Surface Mining Reclamation and
Enforcement, Federal Building, 150 East B Street, Room 1018, Casper,
Wyoming 82601-1018, 307/261-6550, JFleischman@osmre.gov.
Fax: 307/261-6552.
Federal eRulemaking Portal: https://www.regulations.gov.
The proposed rule has been assigned Docket ID: OSM-2008-0004. If you
would like to submit comments through the Federal eRulemaking Portal,
go to www.regulations.gov and do the following. Click on the ``Advanced
Docket Search'' button on the right side of the screen. Type in Docket
ID OSM-2008-0004 and click the ``Submit'' button at the bottom of the
page. The next screen will display Docket Search Results for the
rulemaking. If you click on OSM-2008-0004 you can view the proposed
rule and submit a comment. You can also view supporting material and
any comments submitted by others.
Instructions: All submissions received must include the agency name
and OSM-2008-0004. For detailed instructions on submitting comments and
additional information on the rulemaking process, see the ``Public
Comment Procedures'' heading in the SUPPLEMENTARY INFORMATION section
of this document.
Docket: In addition to viewing the Docket and obtaining copies of
documents at https://www.regulations.gov, you may also review copies of
the North Dakota program, this amendment, a listing of any scheduled
public hearings, and all written comments received in response to this
document, at the addresses listed below during normal business hours,
Monday through Friday, excluding holidays. You may receive one free
copy of the amendment by contacting the Office of Surface Mining
Reclamation and Enforcement (OSM's) Casper Field Office.
Jeffrey W. Fleischman, Director, Casper Field Office, Office of Surface
Mining Reclamation and Enforcement, Federal Building, 150 East B
Street, Room 1018, Casper, Wyoming 82601-1018, 307/261-6550,
JFleischman@osmre.gov
James R. Deutsch, North Dakota Public Service Commission, Capitol
Building, Bismarck, North Dakota 58505, Tel: 701-328-2251, E-mail:
jrd@oracle.psc.state.nd.us
FOR FURTHER INFORMATION CONTACT: Jeffrey W. Fleischman, Telephone: 307-
261-6550. Internet: JFleischman@osmre.gov
SUPPLEMENTARY INFORMATION:
I. Background on the North Dakota Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the North Dakota 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 State 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 this Act * * *; and
rules and regulations consistent with regulations issued by the
Secretary pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On
the basis of these criteria, the Secretary of the Interior
conditionally approved the North Dakota program on December 15, 1980.
You can find background information on the North Dakota program,
including the Secretary's findings, the disposition of comments, and
conditions of approval of the North Dakota program in the December 15,
1980 Federal Register (45 FR 82214). You can also find later actions
concerning North Dakota's program and program amendments at 30 CFR
934.15, and 934.30.
II. Description of the Proposed Amendment
By letter dated March 12, 2008, North Dakota sent us a proposed
amendment (Amendment number North Dakota XXXVIII) to its program, under
SMCRA (30 U.S.C. 1201 et seq.). The full text of the program amendment
is available for you to read at the locations listed above under
ADDRESSES.
Specifically, North Dakota proposes to: (1) Revise its self bonding
provisions under North Dakota Administrative Code (NDAC) Article 69-
5.2-12-05.1 to allow the North Dakota Public Service Commission to
accept bond ratings from other nationally recognized rating
organizations in addition to Moody's Investors Service and Standards
and Poor's ratings, for companies that guarantee self bonds; (2)
update, under NDAC 69-05.2-08-08, premine land use and vegetation
requirements, and some terminology used for native grassland
descriptions to reflect what is used by USDA's Natural Resource
Conservation Service; and (3) correct a cross reference error in NDAC
69-05.2-10-03.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether the amendment satisfies the applicable program
approval criteria of 30 CFR 732.15. If we approve the amendment, it
will become part of the North Dakota program.
Written Comments
Send your written or electronic comments to OSM at the address
given above. Your comments should be specific, pertain only to the
issues proposed in this rulemaking, and include explanations in support
of your recommendations. We will not consider or respond to your
written comments when developing the final rule if they are received
after the close of the comment period (see DATES). We will make every
attempt to log all comments into the administrative record, but
comments delivered to an address other than the Casper Field Office, or
https://www.regulations.gov, may not be logged in.
Availability of Comments
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public view, we cannot guarantee that we will be able
to do so.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., m.d.t. on May
5, 2008. If you are disabled and need reasonable accommodations to
attend a public hearing, contact the person listed under FOR FURTHER
INFORMATION CONTACT. We will arrange the location and time of the
hearing with those persons requesting the hearing. If no one requests
an opportunity to speak, we will not hold the hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at a public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone scheduled to
speak
[[Page 21089]]
has been given an opportunity to be heard. If you are in the audience
and have not been scheduled to speak and wish to do so, you will be
allowed to speak after those who have been scheduled. We will end the
hearing after everyone scheduled to speak and others present in the
audience who wish to speak have been heard.
Public Meeting
If there is only limited interest in participating in a public
hearing, we may hold a public meeting rather than a public hearing. If
you wish to meet with us to discuss the amendment, please request a
meeting by contacting the person listed under FOR FURTHER INFORMATION
CONTACT. All such meetings are open to the public and, if possible, we
will post notices of meetings at the locations listed under ADDRESSES.
We will make a written summary of each meeting a part of the
administrative record.
IV. Procedural Determinations
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the Federal regulations.
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 and has determined that this rule
meets the applicable standards of subsections (a) and (b) of that
section.
However, these standards are not applicable to the actual language
of State regulatory programs and program amendments because each
program is drafted and promulgated by a specific State, not by OSM.
Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and the
Federal regulations at 30 CFR 730.11, 732.15, and 732.17(h)(10),
decisions on proposed State regulatory programs and program amendments
submitted by the States must be based solely on a determination of
whether the submittal is consistent with SMCRA and its implementing
Federal regulations and whether the other requirements of 30 CFR parts
730, 731, and 732 have been met.
Executive Order 13132--Federalism
This rule does not have federalism implications. SMCRA delineates
the roles of the Federal and State governments with regard to the
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. Section 503(a)(7) requires
that State programs contain rules and regulations ``consistent with''
regulations issued by the Secretary pursuant to SMCRA.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on Federally recognized Indian Tribes
and have determined that the rule does not have substantial direct
effects on one or more Indian Tribes, on the relationship between the
Federal government and Indian Tribes, or on the distribution of power
and responsibilities between the Federal government and Indian Tribes.
The rule does not involve or affect Indian Tribes in any way.
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
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. 4321 et
seq).
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.
3501 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 Federal regulations.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), of the Small
Business Regulatory Enforcement Fairness Act. This rule:
a. Does not have an annual effect on the economy of $100 million.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
c. Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S. based enterprises to compete with foreign-based enterprises.
This determination is based upon the fact that the State submittal
which is the subject of this rule is based upon Federal regulations for
which an analysis was prepared and a determination made that the
Federal regulations were not considered major.
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 Federal
regulations for which an analysis was prepared and a determination made
that the Federal regulations did not impose an unfunded mandate.
List of Subjects in 30 CFR Part 930
Intergovernmental relations, Surface mining, Underground mining.
[[Page 21090]]
Dated: April 2, 2008.
Billie E. Clark,
Acting Regional Director, Western Region.
[FR Doc. E8-8408 Filed 4-17-08; 8:45 am]
BILLING CODE 4310-05-P
