North Dakota Regulatory Program, 52921-52923 [E8-21295]
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Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Rules and Regulations
§ 256.93 How is the bonus or royalty credit
allocated among multiple lease owners?
DEPARTMENT OF THE INTERIOR
The MMS will allocate the bonus or
royalty credit for an exchanged lease to
the current record title interest owners
in the same percentage share as each
owner has in the lease as of the date of
the request to exchange the lease.
Office of Surface Mining Reclamation
and Enforcement
§ 256.94 How may I use the bonus or
royalty credit?
North Dakota Regulatory Program
(a) You may use a credit issued under
this part in lieu of a monetary payment
due under any lease in the Gulf of
Mexico not subject to the revenue
distribution provisions of section 8(g)(2)
of the OCSLA (43 U.S.C. 1337(g)(2)) for
either:
(1) A bonus for acquisition of an
interest in a new lease; or
(2) Royalty due on oil and gas
production after October 14, 2008.
(b) You may not use a bonus or
royalty credit in lieu of delivering oil or
gas taken as royalty-in-kind.
(c) If you have any credit that remains
unused after 5 years from the date MMS
issued the credit, MMS reserves the
right to apply the remaining credit to
any of your obligations.
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§ 256.95 How do I transfer a bonus or
royalty credit to another person?
(a) You may transfer your bonus or
royalty credit to any other person by
submitting to the MMS Adjudication
Unit for the Gulf of Mexico two
originally executed transfer letters of
agreement.
(b) Authorized officers indicated on
the qualification card filed with MMS of
all companies involved in transferring
and receiving the credit must sign the
transfer letters of agreement.
(c) A transfer letter of agreement must
include:
(1) The effective date of the transfer,
(2) The OCS–G number for the lease
that originally qualified for the credit,
(3) The amount of the credit being
transferred,
(4) Company names punctuated
exactly as filed on the qualification card
at MMS, and
(5) A corporate seal, if you used a
corporate seal in your initial
qualification to hold OCS leases.
(d) The transferee of a credit
transferred under this section may use
it in accordance with § 256.94 as soon
as MMS sends a confirmation of the
transfer to the transferee.
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30 CFR Part 934
[SATS No: ND–050–FOR; Docket ID No.
OSM–2008–0004]
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of
amendment.
AGENCY:
SUMMARY: We are approving an
amendment to the North Dakota
regulatory program (the ‘‘North Dakota
program’’) under the Surface Mining
Control and Reclamation Act of 1977
(‘‘SMCRA’’ or ‘‘the Act’’). North Dakota
proposed minor revisions to its rules
concerning self-bonding requirements,
and updating terminology used for
describing native grasslands, and
correcting a cross reference error. North
Dakota intended to revise its program to
clarify ambiguities and improve
operational efficiency.
DATES: Effective Date: September 12,
2008.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Fleischman, Casper Field Office
Director Telephone: 307/261–6550,
Internet address:
JFleischman@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the North Dakota Program
II. Submission of the Proposed Amendment
III. Office of Surface Mining Reclamation and
Enforcement’s (OSM) Findings
IV. Summary and Disposition of Comments
V. OSM Decision
VI. 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
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52921
of comments, and conditions of
approval 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. Submission of the Proposed
Amendment
By letter dated March 12, 2008, North
Dakota sent us an amendment to its
program (North Dakota Amendment
number XXXVII, SATS No. ND–050–
FOR, Administrative Record No. ND–
LL–01) under SMCRA (30 U.S.C. 1201 et
seq.). North Dakota sent the amendment
to include changes made at its own
initiative.
We announced receipt of the
proposed amendment in the April 18,
2008, Federal Register (73 FR 21087). In
the same document, we opened the
public comment period and provided an
opportunity for a public hearing or
meeting on the amendment’s adequacy.
We did not hold a public hearing or
meeting because no one requested one.
The public comment period ended on
May 5, 2008. We received a ‘‘no
inconsistency with this agency’s
regulations’’ comment from the U.S.
Department of Labor’s Mine Safety and
Health Administration (MSHA), ‘‘no
comments’’ from the State Historical
Society of North Dakota (SHPO), and a
‘‘we agree’’ comment from the North
Dakota State University Extension
Service (NDSU Extension Service).
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.
A. Minor Revisions to North Dakota’s
Rules
1. North Dakota proposed a crossreference change under its previously
approved permit approval criteria Rule
NDAC 69–05.2–10–03. The crossreference is being changed from Section
69–05.2–04–01 to Section 69–05.2–04–
01.1 and is due to a Rule numbering
revision that was made several years ago
when some new rules were adopted by
North Dakota.
2. In NDAC 69–05.2–08–08, (pre-mine
land use and vegetation data
requirements), North Dakota proposed
to update the terminology used to
describe native grasslands to reflect the
terminology now used by USDA’s
Natural Resource Conservation Service
(NRCS).
Because these changes are minor, we
find that they will not make North
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Dakota’s rules less effective than the
corresponding Federal regulations.
B. Revisions to North Dakota’s Rules
That Are Not the Same as the
Corresponding Provisions of the Federal
Regulations
Additional language is proposed to
North Dakota’s coal regulations at
NDAC 69–05.2–12–05.1 to allow the
North Dakota Public Service
Commission to accept bond ratings from
other nationally recognized
organizations, in addition to Moody’s
Investors Service and Standard and
Poor’s Corporation, for companies that
guarantee self-bonds. A mining
company requested this change to
include credit rating agencies that have
been defined by the United States
Securities and Exchange Commission
(SEC) as a Nationally Recognized
Statistical Rating Organization
(NRSRO). Such a designation by the
SEC is permitted for use for certain
regulatory purposes. Currently there are
several NRSROs, and the top three by
market share are Moody’s Investors
Service, Standard and Poor’s
Corporation and Fitch Ratings. The
proposed rule recognizes the fact that,
since the self-bonding rules were
originally enacted, various other (in
addition to the aforementioned) rating
organizations with strong credentials are
now available and are being widely
used by both business and government.
The utilization of NRSROs provides for
reliance upon SEC’s expertise to ensure
that any ratings agency is not only
credible and reliable, but utilizes what
has become a market-based standard for
ratings organizations.
The Federal self-bonding regulations
at 30 CFR 800.23(b)(3)(i) require that an
applicant for a self-bond have a ‘‘current
rating for its most recent bond issuance
of ‘A’ or higher as issued by either
Moody’s Investors Service or Standard
and Poor’s Corporation.’’
On September 29, 2006, the President
signed the Credit Rating Agency Reform
Act of 2006 into law (Pub. L. 109–291,
16 Stat. 1327). The new law authorized
the SEC to implement registration,
recordkeeping, financial reporting and
oversight rules with respect to NRSROs.
On May 23, 2007, the SEC adopted final
regulations implementing the new law.
Prior to adoption of the new rules, the
SEC recognized seven (7) NRSROs:
Moody’s Investors Service; Standard
and Poor’s Rating Services; Fitch, Inc.;
A.M. Best Co., Inc.; DBRS (Dominion
Bond Rating Service Limited); Japan
Credit Rating Agency, Ltd.; and Rating
and Investment Information, Inc. On
June 28, 2007, the SEC announced that
those firms would continue to be
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recognized as NRSROs while the SEC
processed their registration
applications.
One of the purposes of the Credit
Agency Reform Act of 2006 was to open
up the credit rating industry to
competition. Therefore, the rationale
behind OSM’s 1983 rules requiring use
of either Moody’s or Standard and
Poor’s is no longer valid or appropriate.
Accordingly, we find that North
Dakota’s proposed rule change is
consistent with the Credit Rating
Agency Reform Act of 2006 and its
implementing regulations and that its
adoption will not make North Dakota’s
rules less effective than the
corresponding Federal regulations at 30
CFR 800.23(b)(3)(i).
IV. Summary and Disposition of
Comments
Public Comments
We asked for public comments on the
amendment (Administrative Record
Document ID No. ND–LL–06), and on
April 11, 2008 we received a comment
from the North Dakota State University
Extension Service that it ‘‘is in full
agreement with North Dakota State
Program Amendment XXXVII from the
North Dakota Public Service
Commission’’ (Administrative Record
Document ID No. ND–LL–05).
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 North Dakota’s
program (Administrative Record
Document ID No. ND–LL–03).
The Mine Safety and Health
Administration (MSHA) of the U.S.
Department of Labor responded on May
2, 2008, that ‘‘none of the changes to the
state regulations involve miners’/
employees’ health and safety issues’’
and that ‘‘MSHA review has determined
that there is no inconsistency with this
Agency’s regulations’’ (Administrative
Record Document ID No. ND–LL–07).
Environmental Protection Agency (EPA)
Concurrence and Comments
Under 30 CFR 732.17(h)(11)(i), OSM
requested comments on the amendment
from the EPA (Administrative Record
Document ID No. ND–LL–03). The EPA
did not respond to our request.
State Historic Preservation Officer
(SHPO) and the Advisory Council on
Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are
required to request comments from the
SHPO and ACHP on amendments that
may have an effect on historic
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properties. On March 26, 2008, we
requested comments on North Dakota’s
amendment (Administrative Record
Document ID No. ND–LL–03). The
SHPO responded on April 3, 2008, that
‘‘we have no comments’’
(Administrative Record Document ID
No. ND–LL–04).
V. OSM’s Decision
Based on the above findings, we
approve North Dakota’s March 12, 2008
amendment.
We approve the rules as proposed by
North Dakota with the provision that
they be fully promulgated in identical
form to the rules submitted to and
reviewed by OSM and the public.
To implement this decision we are
amending the Federal regulations at 30
CFR part 934, which codify decisions
concerning the North Dakota 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 the State’s
program demonstrate that the State has
the capacity 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
State and Federal standards.
VI. Procedural Determinations
Executive Order 12630—Takings
This rule does not have takings
implications. This determination is
based on the analysis performed for the
counterpart Federal regulation.
Executive Order 12866—Regulatory
Planning and Review
This rule is exempted from review by
the Office of Management and Budget
(OMB) under Executive Order 12866
(Regulatory Planning and Review).
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
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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 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
Original amendment submission
date
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*
*
March 12, 2008 ..............................
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
CFR 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) 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
counterpart 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,
Date of final
publication
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
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 934
Intergovernmental relations, Surface
mining, Underground mining.
Dated: August 20, 2008.
Allen D. Klein,
Regional Director, Western Region.
For the reasons set out in the
preamble, 30 CFR part 934 is amended
as set forth below:
■
PART 934—NORTH DAKOTA
1. The authority citation for part 934
continues to read as follows:
■
Authority: 30 U.S.C. 1201 et seq.
2. Section 934.15 is amended in the
table by adding a new entry in
chronological order by ‘‘Date of Final
Publication’’ to read as follows:
■
§ 934.15 Approval of North Dakota
regulatory program amendments.
*
*
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*
*
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September 12, 2008 ...................... NDAC 69–05.2–08–08; NDAC 69–05.2–10–03; NDAC 69–05.2–12–
05.1.
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Citation/description
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]]>Agencies
[Federal Register Volume 73, Number 178 (Friday, September 12, 2008)]
[Rules and Regulations]
[Pages 52921-52923]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21295]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 934
[SATS No: ND-050-FOR; Docket ID No. OSM-2008-0004]
North Dakota Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
-----------------------------------------------------------------------
SUMMARY: We are approving an amendment to the North Dakota regulatory
program (the ``North Dakota program'') under the Surface Mining Control
and Reclamation Act of 1977 (``SMCRA'' or ``the Act''). North Dakota
proposed minor revisions to its rules concerning self-bonding
requirements, and updating terminology used for describing native
grasslands, and correcting a cross reference error. North Dakota
intended to revise its program to clarify ambiguities and improve
operational efficiency.
DATES: Effective Date: September 12, 2008.
FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Casper Field
Office Director Telephone: 307/261-6550, Internet address:
JFleischman@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the North Dakota Program
II. Submission of the Proposed Amendment
III. Office of Surface Mining Reclamation and Enforcement's (OSM)
Findings
IV. Summary and Disposition of Comments
V. OSM Decision
VI. 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 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. Submission of the Proposed Amendment
By letter dated March 12, 2008, North Dakota sent us an amendment
to its program (North Dakota Amendment number XXXVII, SATS No. ND-050-
FOR, Administrative Record No. ND-LL-01) under SMCRA (30 U.S.C. 1201 et
seq.). North Dakota sent the amendment to include changes made at its
own initiative.
We announced receipt of the proposed amendment in the April 18,
2008, Federal Register (73 FR 21087). In the same document, we opened
the public comment period and provided an opportunity for a public
hearing or meeting on the amendment's adequacy. We did not hold a
public hearing or meeting because no one requested one. The public
comment period ended on May 5, 2008. We received a ``no inconsistency
with this agency's regulations'' comment from the U.S. Department of
Labor's Mine Safety and Health Administration (MSHA), ``no comments''
from the State Historical Society of North Dakota (SHPO), and a ``we
agree'' comment from the North Dakota State University Extension
Service (NDSU Extension Service).
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.
A. Minor Revisions to North Dakota's Rules
1. North Dakota proposed a cross-reference change under its
previously approved permit approval criteria Rule NDAC 69-05.2-10-03.
The cross-reference is being changed from Section 69-05.2-04-01 to
Section 69-05.2-04-01.1 and is due to a Rule numbering revision that
was made several years ago when some new rules were adopted by North
Dakota.
2. In NDAC 69-05.2-08-08, (pre-mine land use and vegetation data
requirements), North Dakota proposed to update the terminology used to
describe native grasslands to reflect the terminology now used by
USDA's Natural Resource Conservation Service (NRCS).
Because these changes are minor, we find that they will not make
North
[[Page 52922]]
Dakota's rules less effective than the corresponding Federal
regulations.
B. Revisions to North Dakota's Rules That Are Not the Same as the
Corresponding Provisions of the Federal Regulations
Additional language is proposed to North Dakota's coal regulations
at NDAC 69-05.2-12-05.1 to allow the North Dakota Public Service
Commission to accept bond ratings from other nationally recognized
organizations, in addition to Moody's Investors Service and Standard
and Poor's Corporation, for companies that guarantee self-bonds. A
mining company requested this change to include credit rating agencies
that have been defined by the United States Securities and Exchange
Commission (SEC) as a Nationally Recognized Statistical Rating
Organization (NRSRO). Such a designation by the SEC is permitted for
use for certain regulatory purposes. Currently there are several
NRSROs, and the top three by market share are Moody's Investors
Service, Standard and Poor's Corporation and Fitch Ratings. The
proposed rule recognizes the fact that, since the self-bonding rules
were originally enacted, various other (in addition to the
aforementioned) rating organizations with strong credentials are now
available and are being widely used by both business and government.
The utilization of NRSROs provides for reliance upon SEC's expertise to
ensure that any ratings agency is not only credible and reliable, but
utilizes what has become a market-based standard for ratings
organizations.
The Federal self-bonding regulations at 30 CFR 800.23(b)(3)(i)
require that an applicant for a self-bond have a ``current rating for
its most recent bond issuance of `A' or higher as issued by either
Moody's Investors Service or Standard and Poor's Corporation.''
On September 29, 2006, the President signed the Credit Rating
Agency Reform Act of 2006 into law (Pub. L. 109-291, 16 Stat. 1327).
The new law authorized the SEC to implement registration,
recordkeeping, financial reporting and oversight rules with respect to
NRSROs. On May 23, 2007, the SEC adopted final regulations implementing
the new law. Prior to adoption of the new rules, the SEC recognized
seven (7) NRSROs: Moody's Investors Service; Standard and Poor's Rating
Services; Fitch, Inc.; A.M. Best Co., Inc.; DBRS (Dominion Bond Rating
Service Limited); Japan Credit Rating Agency, Ltd.; and Rating and
Investment Information, Inc. On June 28, 2007, the SEC announced that
those firms would continue to be recognized as NRSROs while the SEC
processed their registration applications.
One of the purposes of the Credit Agency Reform Act of 2006 was to
open up the credit rating industry to competition. Therefore, the
rationale behind OSM's 1983 rules requiring use of either Moody's or
Standard and Poor's is no longer valid or appropriate. Accordingly, we
find that North Dakota's proposed rule change is consistent with the
Credit Rating Agency Reform Act of 2006 and its implementing
regulations and that its adoption will not make North Dakota's rules
less effective than the corresponding Federal regulations at 30 CFR
800.23(b)(3)(i).
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment (Administrative
Record Document ID No. ND-LL-06), and on April 11, 2008 we received a
comment from the North Dakota State University Extension Service that
it ``is in full agreement with North Dakota State Program Amendment
XXXVII from the North Dakota Public Service Commission''
(Administrative Record Document ID No. ND-LL-05).
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 North Dakota's program
(Administrative Record Document ID No. ND-LL-03).
The Mine Safety and Health Administration (MSHA) of the U.S.
Department of Labor responded on May 2, 2008, that ``none of the
changes to the state regulations involve miners'/employees' health and
safety issues'' and that ``MSHA review has determined that there is no
inconsistency with this Agency's regulations'' (Administrative Record
Document ID No. ND-LL-07).
Environmental Protection Agency (EPA) Concurrence and Comments
Under 30 CFR 732.17(h)(11)(i), OSM requested comments on the
amendment from the EPA (Administrative Record Document ID No. ND-LL-
03). The EPA did not respond to our request.
State Historic Preservation Officer (SHPO) and the Advisory Council on
Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are required to request comments from
the SHPO and ACHP on amendments that may have an effect on historic
properties. On March 26, 2008, we requested comments on North Dakota's
amendment (Administrative Record Document ID No. ND-LL-03). The SHPO
responded on April 3, 2008, that ``we have no comments''
(Administrative Record Document ID No. ND-LL-04).
V. OSM's Decision
Based on the above findings, we approve North Dakota's March 12,
2008 amendment.
We approve the rules as proposed by North Dakota with the provision
that they be fully promulgated in identical form to the rules submitted
to and reviewed by OSM and the public.
To implement this decision we are amending the Federal regulations
at 30 CFR part 934, which codify decisions concerning the North Dakota
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 the State's program demonstrate that the State has the
capacity 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 State and Federal
standards.
VI. Procedural Determinations
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal regulation.
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
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
[[Page 52923]]
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 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 CFR 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) 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 counterpart 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 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 934
Intergovernmental relations, Surface mining, Underground mining.
Dated: August 20, 2008.
Allen D. Klein,
Regional Director, Western Region.
0
For the reasons set out in the preamble, 30 CFR part 934 is amended as
set forth below:
PART 934--NORTH DAKOTA
0
1. The authority citation for part 934 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
2. Section 934.15 is amended in the table by adding a new entry in
chronological order by ``Date of Final Publication'' to read as
follows:
Sec. 934.15 Approval of North Dakota regulatory program amendments.
* * * * *
------------------------------------------------------------------------
Original amendment submission Date of final
date publication Citation/description
------------------------------------------------------------------------
* * * * * * *
March 12, 2008................ September 12, NDAC 69-05.2-08-08;
2008. NDAC 69-05.2-10-03;
NDAC 69-05.2-12-
05.1.
------------------------------------------------------------------------
[FR Doc. E8-21295 Filed 9-11-08; 8:45 am]
BILLING CODE 4310-05-P
