Mississippi Regulatory Program, 50263-50265 [E8-19713]
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Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Proposed Rules
pay a fee or any expenses, or any part
thereof, directly or indirectly, to the
representative or someone else; and
(ii) The representative submits to us a
form we prescribe waiving the right to
charge and collect a fee and any
expenses from you and the auxiliary
beneficiaries, if any, directly or
indirectly, in whole or in part; or
(2) A court authorizes a fee for your
representative who, in your case, is your
legal guardian or a court-appointed
representative.
PART 416—SUPPLEMENTAL
SECURITY INCOME FOR THE AGED,
BLIND, AND DISABLED
4. The authority citation for subpart O
of part 416 continues to read as follows:
Authority: Secs. 702(a)(5), 1127 and
1631(d) of the Social Security Act (42 U.S.C.
902(a)(5), 1320a–6 and 1383(d)); sec. 303,
Pub. L. 108–203, 118 Stat. 493.
5. Amend § 416.1503 by adding a
definition for ‘‘legal guardian or courtappointed representative’’ in
alphabetical order to read as follows:
Definitions.
*
*
*
*
*
Legal guardian or court-appointed
representative means a court-appointed
person, committee, or conservator who
is lawfully invested with the power and
charged with the duty of taking care of
and managing the property and rights of
an individual who is considered
incapable of managing his or her own
affairs.
*
*
*
*
*
6. Amend § 416.1520 by revising
paragraph (b) heading and (b)(3) and by
adding paragraph (e) to read as follows:
§ 416.1520
services.
Fee for a representative’s
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*
*
*
*
*
(b) Charging and receiving a fee under
the fee petition process. * * *
(3) Subject to paragraph (e) of this
section, a representative must not
charge or receive any fee unless we have
approved it, and a representative must
not charge or receive any fee that is
more than the amount we approve.
*
*
*
*
*
(e) When we need not authorize a fee.
We do not need to authorize a fee when:
(1) A non-profit organization, a
Federal, State, county, or city
government agency, or a third party that
is a business entity independent of your
representative pays from its funds the
representative fees and expenses and
both of the following conditions apply:
(i) You are free of any liability to pay
a fee or any expenses, or any part
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BILLING CODE 4191–02–P
DEPARTMENT OF THE INTERIOR
Subpart O—[Amended]
§ 416.1503
thereof, directly or indirectly, to the
representative or someone else; and
(ii) The representative submits to us a
form we prescribe waiving the right to
charge and collect a fee and any
expenses from you if any, directly or
indirectly, in whole or in part; or
(2) A court authorizes a fee for your
representative who, in your case, is your
legal guardian or a court-appointed
representative.
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 924
[SATS No. MS–018–FOR; Docket No. OSM–
2008–0017]
Mississippi Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; reopening and
extension of public comment period on
proposed amendment.
AGENCY:
SUMMARY: We, the Office of Surface
Mining Reclamation and Enforcement
(OSM), are announcing receipt of
revisions to a previously proposed
amendment to the Mississippi
regulatory program (Mississippi
program) under the Surface Mining
Control and Reclamation Act of 1977
(SMCRA or the Act). Mississippi
proposes a revision to its regulations
regarding valid existing rights as it
pertains to designation of lands as
unsuitable for surface coal mining
operations. Mississippi intends to revise
its program to be consistent with
SMCRA.
This document gives the times and
locations that the Mississippi program
and proposed amendment to that
program are available for your
inspection and the comment period
during which you may submit written
comments on the revisions to the
amendment.
We will accept written
comments on this amendment until 4
p.m., c.t., September 10, 2008.
ADDRESSES: You may submit comments
by either of the following two methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. The proposed rule
is listed under the agency name ‘‘OFFICE
DATES:
OF SURFACE MINING RECLAMATION AND
ENFORCEMENT’’ and has been assigned
Docket ID: OSM–2008–0017. If you
would like to submit comments through
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50263
the Federal erulemaking Portal, go to
https://www.regulations.gov and do the
following. Click on the ‘‘Advanced
Docket Search’’ button on the right side
of the screen. Type in the Docket ID
OSM–2008–0017 and click the submit
button at the bottom of the page. The
next screen will display the Docket
Search Results for the rulemaking. If
you click on the OSM–2008–0017, you
can view the proposed rule and submit
a comment. You can also view
supporting material and any comments
submitted by others.
• Mail/Hand Delivery/Courier: Sherry
Wilson, Director, Birmingham Field
Office, Office of Surface Mining
Reclamation and Enforcement, 135
Gemini Circle, Suite 215, Homewood,
Alabama 35209. Please include the
Docket ID (OSM–2008–0017) with your
comments.
We cannot ensure that comments
received after the close of the comment
period (see DATES) or sent to an address
other than the two listed above will be
included in the docket for this
rulemaking and considered.
For additional information on the
rulemaking process and the public
availability of comments, see ‘‘III. Public
Comment Procedures’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
You may receive one free copy of the
amendment by contacting OSM’s
Birmingham Field Office. See below FOR
FURTHER INFORMATION CONTACT.
You may review a copy of the
amendment during regular business
hours at the following locations:
Sherry Wilson, Director, Birmingham
Field Office, Office of Surface Mining
Reclamation and Enforcement, 135
Gemini Circle, Suite 215, Homewood,
Alabama 35209, Telephone: (205)
290–7282, swilson@osmre.gov.
Michael B. E. Bograd, Director,
Mississippi Department of
Environmental Quality, 2380
Highway 80 West, P.O. Box 20307,
Jackson, Mississippi 39289–1307,
Telephone: (601) 961–5500.
FOR FURTHER INFORMATION CONTACT:
Sherry Wilson, Director, Birmingham
Field Office. Telephone: (205) 290–
7282. E-mail: swilson@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Mississippi Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Mississippi
Program
Section 503(a) of the Act permits a
State to assume primacy for the
regulation of surface coal mining and
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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 this Act * * *; and
rules and regulations consistent with
regulations issued by the Secretary
pursuant to this Act.’’ See 30 U.S.C.
1253(a)(1) and (7). On the basis of these
criteria, the Secretary of the Interior
approved the Mississippi program on
September 4, 1980. You can find
background information on the
Mississippi program, including the
Secretary’s findings and the disposition
of comments in the September 4, 1980,
Federal Register (45 FR 58520). You can
also find later actions concerning the
Mississippi program and program
amendments at 30 CFR 924.10, 924.15,
924.16, and 924.17.
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II. Description of the Proposed
Amendment
By letter dated April 5, 2006
(Administrative Record No. MS–0402),
Mississippi sent us an amendment to its
program under SMCRA (30 U.S.C. 1201
et seq.). Mississippi sent the amendment
at its own initiative.
We announced receipt of the
proposed amendment in the May 24,
2006, Federal Register (71 FR 29867)
and invited public comment on its
adequacy. The public comment period
ended June 23, 2006.
During our review of the amendment,
we identified concerns relating to
Mississippi’s definition for ‘‘valid
rights’’ in its statute and associated
regulations in sections 105, 1101, and
1105 of the Mississippi Surface Coal
Mining Regulations. We notified
Mississippi of these concerns by letter
dated August 17, 2006 (Administrative
Record No. MS–0414). By letter dated
May 30, 2008, Mississippi sent us
additional explanatory information
(Administrative Record No. MS–0416–
02). By e-mail dated July 23, 2008,
Mississippi also sent us revisions to its
amendment (Administrative Record No.
MS–0416–03). Below are the revisions
Mississippi proposes.
A. Mississippi Surface Coal Mining
Regulations (MSCMR) 105. Definitions
Mississippi proposes to add a
definition for ‘‘valid rights’’ to read as
follows:
Valid Rights—as used in § 53–9–71(4) of
the Act means Valid Existing Rights.
B. MSCMR 1101. Authority
Mississippi proposes to revise this
section to read as follows:
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The Commission is authorized by § 53–9–
71(4) of the Act to prohibit or limit surface
coal mining operations on or near certain
private, federal and other public lands,
subject to valid rights.
C. MSCMR 1105. Areas Where Mining is
Prohibited or Limited
Mississippi proposes to revise the
introductory paragraph of this section to
read as follows:
Subject to valid existing rights as defined
in § 105, no surface coal mining operations
shall be conducted on the following lands
unless you have valid existing rights as
determined under § 1106 or qualify for the
exception for existing operations under
paragraph (h) of this section:
III. Public Comment Procedures
Under the provisions of 30 CFR
732.17(h), we are seeking your
comments on whether the amendment
satisfies the applicable program
approval criteria of 30 CFR 732.15. If we
approve the amendment, it will become
part of the State program.
Written Comments
Send your comments to us by one of
the two methods specified above. Your
written comments should be specific,
pertain only to the issues proposed in
this rulemaking, and include
explanations in support of your
recommendations. We cannot ensure
that comments received after the close
of the comment period (see DATES) or
sent to an address other than the two
listed above (see ADDRESSES) will be
included in the docket for this
rulemaking and considered.
Public 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 review, we
cannot guarantee that we will be able to
do so.
IV. Procedural Determinations
Executive Order 12630—Takings
In this rule, the State is adopting valid
existing rights standards that are similar
to the standards in the Federal
definition at 30 CFR 761.5. Therefore,
this rule has the same takings
implications as the Federal valid
existing rights rule. The takings
implications assessment for the Federal
valid existing rights rule appears in part
XXIX.E. of the preamble to that rule. See
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64 FR 70766, 70822–27, December 17,
1999.
Executive Order 12866—Regulatory
Planning and Review
This rule is exempted from review by
the Office of Management and Budget
(OMB) under Executive Order 12866.
Executive Order 12988—Civil Justice
Reform
The Department of the Interior has
conducted the reviews required by
section 3 of Executive Order 12988 and
has determined that this rule meets the
applicable standards of subsections (a)
and (b) of that section. However, these
standards are not applicable to the
actual language of State regulatory
programs and program amendments
because each program is drafted and
promulgated by a specific State, not by
OSM. Under sections 503 and 505 of
SMCRA (30 U.S.C. 1253 and 1255) and
the Federal regulations at 30 CFR
730.11, 732.15, and 732.17(h)(10),
decisions on proposed State regulatory
programs and program amendments
submitted by the States must be based
solely on a determination of whether the
submittal is consistent with SMCRA and
its implementing Federal regulations
and whether the other requirements of
30 CFR parts 730, 731, and 732 have
been met.
Executive Order 13132—Federalism
This rule does not have Federalism
implications. SMCRA delineates the
roles of the Federal and State
governments with regard to the
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
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Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
This determination is based on the fact
that the Mississippi program does not
regulate coal exploration and surface
coal mining and reclamation operations
on Indian lands. Therefore, the
Mississippi program has no effect on
Federally-recognized Indian tribes.
Executive Order 13211—Regulations
That Significantly Affect the Supply,
Distribution, or Use of Energy
On May 18, 2001, the President issued
Executive Order 13211 which requires
agencies to prepare a Statement of
Energy Effects for a rule that is (1)
considered significant under Executive
Order 12866, and (2) likely to have a
significant adverse effect on the supply,
distribution, or use of energy. Because
this rule is exempt from review under
Executive Order 12866 and is not
expected to have a significant adverse
effect on the supply, distribution, or use
of energy, a Statement of Energy Effects
is not required.
National Environmental Policy Act
This rule does not require an
environmental impact statement
because section 702(d) of SMCRA (30
U.S.C. 1292(d)) provides that agency
decisions on proposed State regulatory
program provisions do not constitute
major Federal actions within the
meaning of section 102(2)(C) of the
National Environmental Policy Act (42
U.S.C. 4332(2)(C)).
Paperwork Reduction Act
This rule does not contain
information collection requirements that
require approval by OMB under the
Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
sroberts on PROD1PC76 with PROPOSALS
Regulatory Flexibility Act
18:09 Aug 25, 2008
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule: (a) Does not have an annual
effect on the economy of $100 million;
(b) will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions; and (c) does not
have significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises. This
determination is based upon the fact
that the State submittal, which is the
subject of this rule, is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation was not considered a major
rule.
Unfunded Mandates
This rule will not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
of $100 million or more in any given
year. This determination is based upon
the fact that the State submittal, which
is the subject of this rule, is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation did not impose an unfunded
mandate.
List of Subjects in 30 CFR Part 924
Intergovernmental relations, Surface
mining, Underground mining.
Dated: July 30, 2008.
Sherry Wilson,
Acting Regional Director, Mid-Continent
Region.
[FR Doc. E8–19713 Filed 8–25–08; 8:45 am]
BILLING CODE 4310–05–P
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.
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 926
[SATS No. MT–028–FOR; Docket ID OSM–
2008–0018]
Montana 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:
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50265
SUMMARY: We are announcing receipt of
a proposed amendment to the Montana
regulatory program (hereinafter, the
‘‘Montana program’’) under the Surface
Mining Control and Reclamation Act of
1977 (‘‘SMCRA’’ or ‘‘the Act’’). Montana
proposes to clarify ambiguities.
This document gives the times and
locations that the Montana 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. September 25, 2008. If
requested, we will hold a public hearing
on the amendment on September 22,
2008. We will accept requests to speak
until 4 p.m., m.d.t. on September 10,
2008.
You may submit comments
by either of the following methods:
• Federal eRulemaking Portal:
www.regulations.gov. This proposed
rule has been assigned Docket ID: OSM–
2008–0018. 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 the Docket ID
‘‘OSM–2008–0018’’ and click the
‘‘Submit’’ button at the bottom of the
page. The next screen will display the
Docket Search Results for the
rulemaking. If you click on OSM–2008–
0018, you can view the proposed rule
and submit a comment. You can also
view supporting material and any
comments submitted by others.
• E-mail: JFleischman@osmre.gov.
Include the docket number in the
subject line of the message.
• Mail/Hand Delivery/Courier: Jeffrey
Fleischman, Director, Casper Field
Office, Office of Surface Mining
Reclamation and Enforcement,150 East
B Street, Rm 1018, Casper, Wyoming
82601–1018.
• Fax: 307/261–6552.
Instructions: All submissions received
must include the agency name and OSM
Docket ID OSM–2008–0018.
For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see the ‘‘III. Public Comment
Procedures’’ in the SUPPLEMENTARY
INFORMATION section of this document.
Docket: In addition to viewing the
docket and obtaining copies of
documents at www.regulations.gov, you
may review copies of the Montana
ADDRESSES:
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]]>Agencies
[Federal Register Volume 73, Number 166 (Tuesday, August 26, 2008)]
[Proposed Rules]
[Pages 50263-50265]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19713]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 924
[SATS No. MS-018-FOR; Docket No. OSM-2008-0017]
Mississippi Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; reopening and extension of public comment period
on proposed amendment.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are announcing receipt of revisions to a previously proposed
amendment to the Mississippi regulatory program (Mississippi program)
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or
the Act). Mississippi proposes a revision to its regulations regarding
valid existing rights as it pertains to designation of lands as
unsuitable for surface coal mining operations. Mississippi intends to
revise its program to be consistent with SMCRA.
This document gives the times and locations that the Mississippi
program and proposed amendment to that program are available for your
inspection and the comment period during which you may submit written
comments on the revisions to the amendment.
DATES: We will accept written comments on this amendment until 4 p.m.,
c.t., September 10, 2008.
ADDRESSES: You may submit comments by either of the following two
methods:
Federal eRulemaking Portal: https://www.regulations.gov.
The proposed rule is listed under the agency name ``OFFICE OF SURFACE
MINING RECLAMATION AND ENFORCEMENT'' and has been assigned Docket ID:
OSM-2008-0017. If you would like to submit comments through the Federal
erulemaking Portal, go to https://www.regulations.gov and do the
following. Click on the ``Advanced Docket Search'' button on the right
side of the screen. Type in the Docket ID OSM-2008-0017 and click the
submit button at the bottom of the page. The next screen will display
the Docket Search Results for the rulemaking. If you click on the OSM-
2008-0017, you can view the proposed rule and submit a comment. You can
also view supporting material and any comments submitted by others.
Mail/Hand Delivery/Courier: Sherry Wilson, Director,
Birmingham Field Office, Office of Surface Mining Reclamation and
Enforcement, 135 Gemini Circle, Suite 215, Homewood, Alabama 35209.
Please include the Docket ID (OSM-2008-0017) with your comments.
We cannot ensure that comments received after the close of the
comment period (see DATES) or sent to an address other than the two
listed above will be included in the docket for this rulemaking and
considered.
For additional information on the rulemaking process and the public
availability of comments, see ``III. Public Comment Procedures'' in the
SUPPLEMENTARY INFORMATION section of this document.
You may receive one free copy of the amendment by contacting OSM's
Birmingham Field Office. See below FOR FURTHER INFORMATION CONTACT.
You may review a copy of the amendment during regular business
hours at the following locations:
Sherry Wilson, Director, Birmingham Field Office, Office of Surface
Mining Reclamation and Enforcement, 135 Gemini Circle, Suite 215,
Homewood, Alabama 35209, Telephone: (205) 290-7282, swilson@osmre.gov.
Michael B. E. Bograd, Director, Mississippi Department of Environmental
Quality, 2380 Highway 80 West, P.O. Box 20307, Jackson, Mississippi
39289-1307, Telephone: (601) 961-5500.
FOR FURTHER INFORMATION CONTACT: Sherry Wilson, Director, Birmingham
Field Office. Telephone: (205) 290-7282. E-mail: swilson@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Mississippi Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Mississippi Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and
[[Page 50264]]
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 this
Act * * *; and rules and regulations consistent with regulations issued
by the Secretary pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and
(7). On the basis of these criteria, the Secretary of the Interior
approved the Mississippi program on September 4, 1980. You can find
background information on the Mississippi program, including the
Secretary's findings and the disposition of comments in the September
4, 1980, Federal Register (45 FR 58520). You can also find later
actions concerning the Mississippi program and program amendments at 30
CFR 924.10, 924.15, 924.16, and 924.17.
II. Description of the Proposed Amendment
By letter dated April 5, 2006 (Administrative Record No. MS-0402),
Mississippi sent us an amendment to its program under SMCRA (30 U.S.C.
1201 et seq.). Mississippi sent the amendment at its own initiative.
We announced receipt of the proposed amendment in the May 24, 2006,
Federal Register (71 FR 29867) and invited public comment on its
adequacy. The public comment period ended June 23, 2006.
During our review of the amendment, we identified concerns relating
to Mississippi's definition for ``valid rights'' in its statute and
associated regulations in sections 105, 1101, and 1105 of the
Mississippi Surface Coal Mining Regulations. We notified Mississippi of
these concerns by letter dated August 17, 2006 (Administrative Record
No. MS-0414). By letter dated May 30, 2008, Mississippi sent us
additional explanatory information (Administrative Record No. MS-0416-
02). By e-mail dated July 23, 2008, Mississippi also sent us revisions
to its amendment (Administrative Record No. MS-0416-03). Below are the
revisions Mississippi proposes.
A. Mississippi Surface Coal Mining Regulations (MSCMR) 105. Definitions
Mississippi proposes to add a definition for ``valid rights'' to
read as follows:
Valid Rights--as used in Sec. 53-9-71(4) of the Act means Valid
Existing Rights.
B. MSCMR 1101. Authority
Mississippi proposes to revise this section to read as follows:
The Commission is authorized by Sec. 53-9-71(4) of the Act to
prohibit or limit surface coal mining operations on or near certain
private, federal and other public lands, subject to valid rights.
C. MSCMR 1105. Areas Where Mining is Prohibited or Limited
Mississippi proposes to revise the introductory paragraph of this
section to read as follows:
Subject to valid existing rights as defined in Sec. 105, no
surface coal mining operations shall be conducted on the following
lands unless you have valid existing rights as determined under
Sec. 1106 or qualify for the exception for existing operations
under paragraph (h) of this section:
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether the amendment satisfies the applicable program
approval criteria of 30 CFR 732.15. If we approve the amendment, it
will become part of the State program.
Written Comments
Send your comments to us by one of the two methods specified above.
Your written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of
your recommendations. We cannot ensure that comments received after the
close of the comment period (see DATES) or sent to an address other
than the two listed above (see ADDRESSES) will be included in the
docket for this rulemaking and considered.
Public 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 review, we cannot guarantee that we will be
able to do so.
IV. Procedural Determinations
Executive Order 12630--Takings
In this rule, the State is adopting valid existing rights standards
that are similar to the standards in the Federal definition at 30 CFR
761.5. Therefore, this rule has the same takings implications as the
Federal valid existing rights rule. The takings implications assessment
for the Federal valid existing rights rule appears in part XXIX.E. of
the preamble to that rule. See 64 FR 70766, 70822-27, December 17,
1999.
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 and has determined that this rule
meets the applicable standards of subsections (a) and (b) of that
section. However, these standards are not applicable to the actual
language of State regulatory programs and program amendments because
each program is drafted and promulgated by a specific State, not by
OSM. Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and
the Federal regulations at 30 CFR 730.11, 732.15, and 732.17(h)(10),
decisions on proposed State regulatory programs and program amendments
submitted by the States must be based solely on a determination of
whether the submittal is consistent with SMCRA and its implementing
Federal regulations and whether the other requirements of 30 CFR parts
730, 731, and 732 have been met.
Executive Order 13132--Federalism
This rule does not have Federalism implications. SMCRA delineates
the roles of the Federal and State governments with regard to the
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
[[Page 50265]]
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes. This determination is
based on the fact that the Mississippi program does not regulate coal
exploration and surface coal mining and reclamation operations on
Indian lands. Therefore, the Mississippi program has no effect on
Federally-recognized Indian tribes.
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
This rule does not require an environmental impact statement
because section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that
agency decisions on proposed State regulatory program provisions do not
constitute major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)).
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior certifies that this rule will not
have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The State submittal, which is the subject of this rule, is based upon
counterpart Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. In making the determination as to whether this rule would
have a significant economic impact, the Department relied upon the data
and assumptions for the counterpart Federal regulations.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not
have an annual effect on the economy of $100 million; (b) will not
cause a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions; and (c) does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation was not considered a
major rule.
Unfunded Mandates
This rule will not impose an unfunded mandate on State, local, or
tribal governments or the private sector of $100 million or more in any
given year. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation did not impose an
unfunded mandate.
List of Subjects in 30 CFR Part 924
Intergovernmental relations, Surface mining, Underground mining.
Dated: July 30, 2008.
Sherry Wilson,
Acting Regional Director, Mid-Continent Region.
[FR Doc. E8-19713 Filed 8-25-08; 8:45 am]
BILLING CODE 4310-05-P
