North Dakota Regulatory Program, 32645-32648 [2014-13293]
Download as PDF
Federal Register / Vol. 79, No. 109 / Friday, June 6, 2014 / Rules and Regulations
Par. 4. Section 1.6038A–2 is amended
by revising paragraphs (d) and (e) to
read as follows:
■
§ 1.6038A–2
Requirement of return.
*
*
*
*
*
(d) Time for filing returns. A Form
5472 required under this section must
be filed with the reporting corporation’s
income tax return for the taxable year by
the due date (including extensions) of
that return.
(e) Untimely filed return. If the
reporting corporation’s income tax
return is untimely filed, Form 5472
nonetheless must be timely filed. When
the reporting corporation’s income tax
return is ultimately filed, a copy of
Form 5472 must be attached.
*
*
*
*
*
§ 1.6038A–2T
[Removed]
Par. 5. Section 1.6038A–2T is
removed.
■
John Dalrymple,
Deputy Commissioner for Services and
Enforcement.
Approved: May 21, 2014.
Mark J. Mazur,
Assistant Secretary for the Treasury (Tax
Policy).
[FR Doc. 2014–13255 Filed 6–5–14; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 934
[SATS No. ND–053–FOR; Docket ID No.
OSM–2012–0006; S1D1SSS08011000
SX066A00067F144S180110;
S2D2SSS08011000SX066A00033F14
XS501520]
North Dakota Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of
amendment.
AGENCY:
We are issuing a final
decision on 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’’). Our
decision approves the amendment.
North Dakota proposed changes to the
North Dakota Administrative Code
(NDAC) to address letter of credit
provisions in the collateral bond rules
under Section 69–5.2–12–04. The
changes involve financial information
and various notices that banks issuing a
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
13:35 Jun 05, 2014
Jkt 232001
letter of credit must provide to the
North Dakota Public Service
Commission (hereinafter, the
‘‘Commission’’).
DATES:
Effective Date: June 6, 2014.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Fleischman, Denver Field
Division, Chief, 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 (OSMRE’s) Findings
IV. Summary and Disposition of Comments
V. OSMRE’s 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, 934.16,
and 934.30.
II. Submission of the Proposed
Amendment
By letter dated February 2, 2012,
North Dakota sent us an amendment to
its program (SATS number: ND–053–
FOR, Administrative Record Document
ID. OSM–2012–0006–0002) under
SMCRA (30 U.S.C. 1201 et seq.). North
Dakota submitted the amendment to
include changes made at its own
initiative.
North Dakota proposed to change the
letter of credit provisions in its
collateral bond rule at NDAC 69–5.2–
12–04 which addresses the financial
information that banks issuing a letter of
credit must provide to the Commission.
Specifically, North Dakota proposed to
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
32645
revise its rules by adding an option that
allows banks to provide a certified copy
of financial reports that are required by
a Federal banking agency rather than
submit a balance sheet that is certified
by a certified public accountant (CPA).
North Dakota also proposed a change
that affects the provision requiring
banks to give the Commission notice of
actions alleging insolvency or
bankruptcy. North Dakota is proposing
these changes both in order to avoid
conflict with Federal and State banking
regulations and to assist banks that may
have difficulty submitting CPA certified
balance sheets.
We announced receipt of the
proposed amendment in the April 25,
2012, Federal Register (Vol. 77, No. 80
FR page number 24661). 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
(Administrative Record Docket ID
OSM–2012–0006).
We did not hold a public hearing or
meeting because no one requested one.
The public comment period ended on
May 25, 2012. We did not receive any
comments.
III. OSMRE’s Findings
30 CFR 732.17(h)(10) requires that
State program amendments meet the
criteria for approval of State programs
set forth in 30 CFR 732.15, including
that the State’s laws and regulations are
in accordance with the provisions of the
Act and consistent with the
requirements of 30 CFR Part 700. In 30
CFR 730.5, OSMRE defines ‘‘consistent
with’’ and ‘‘in accordance with’’ to
mean (a) with regard to SMCRA, the
State laws and regulations are no less
stringent than, meet the minimum
requirements of, and include all
applicable provisions of the Act and (b)
with regard to the Federal regulations,
the State laws and regulations are no
less effective than the Federal
regulations in meeting the requirements
of SMCRA.
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 as described
below.
A. Revisions to North Dakota’s Rules
That Are the Same as or Similar to the
Corresponding Provisions of the Federal
Regulations
North Dakota proposed changes to
existing language in subsections (d) and
(f) of NDAC Section 69–05.2–12–04. The
proposed changes include additional
conditions that banks must meet in
E:\FR\FM\06JNR1.SGM
06JNR1
32646
Federal Register / Vol. 79, No. 109 / Friday, June 6, 2014 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
order for the Commission to approve a
coal operator’s collateral bond pledging
a letter of credit. The proposed rule
changes are intended to ensure that
banks issuing letters of credit to the
North Dakota Public Service
Commission (hereinafter, ‘‘the
Commission’’) maintain a certain degree
of fiscal health and provide notice to the
Commission and permittee of
insolvency, bankruptcy, or regulatory
requirement violations.
1. Performance Bond—Collateral Bond,
at NDAC Sections 69–05.2–12–04(2)(d)
and (f)
North Dakota proposed to revise
NDAC Section 69–05.2–12–04(2)(d),
which deals with notifications of the
fiscal health of banks that issue letters
of credit to the Commission. As
previously written, the rules required
that letters of credit submitted to the
Commission be accompanied by a
balance sheet and that updated balance
sheets must be submitted regularly
every year. North Dakota’s proposed
rule change provides banks with an
alternative to submit certified copies of
financial reports that are already
required under Federal banking
regulations. The Federal regulations
governing collateral bonds pledging
letters of credit are found at 30 CFR
800.21(b). The currently-approved State
rules provide specific conditions for
letters of credit that were found to be no
less effective than Federal regulations
[69 FR 2663]. Similarly, the proposed
revision to NDAC 69–05.2–12–04(2)(d),
although relaxing currently-approved
State requirements, adds specificity to
Federal requirements. Therefore, we
find that the proposed change to NDAC
69–05.2–12–04(2)(d) is no less effective
than the Federal regulations.
Accordingly, we approve it.
North Dakota also proposed to revise
NDAC Section 69–05.2–12–04(2)(f),
which states that banks shall give
prompt notice to the permittee and the
Commission of notices received or
actions filed alleging insolvency,
bankruptcy, or banking regulatory
requirement violations that could result
in suspension or revocation of the
bank’s charter or license to do business.
The proposed amendment contains
language that limits the amount of
information provided in the notice to
what is permitted by State and Federal
banking laws. North Dakota proposed
this rule change to avoid conflict with
various Federal and State banking
regulations. The counterpart Federal
regulations to subsection (f) are found at
30 CFR 800.16(e). 30 CFR 800.16(e)(1)
requires that the bond shall ‘‘provide a
mechanism’’ for a bank to notify the
VerDate Mar<15>2010
13:35 Jun 05, 2014
Jkt 232001
regulatory authority, or in this case the
Commission, of actions filed alleging
insolvency, bankruptcy, or banking
regulatory requirement violations that
could result in suspension or revocation
of the bank’s charter or license to do
business. Furthermore, 30 CFR
800.16(e)(2) requires that the permitee
shall promptly notify the regulatory
authority of the aforementioned actions.
Since North Dakota’s proposed rule
change does not weaken the
requirement that a ‘‘mechanism’’ exists
for banks to notify the Commission of
alleged insolvency, bankruptcy, or
banking regulatory requirement
violations, we find that the proposed
change to NDAC 69–05.2–12–04(2)(f) is
no less effective than the counterpart
Federal regulations at 30 CFR 800.16(e)
and we approve it.
IV. Summary and Disposition of
Comments
Public Comments
We asked for public comments on the
amendment (Administrative Record
Document ID No. OSM–2012–0006–
0002), but did not receive any.
Federal Agency Comments
Under 30 CFR 732.17(h)(11)(i) and
section 503(b) of SMCRA, we requested
comments on the amendment from
various State and Federal agencies with
an actual or potential interest in the
North Dakota program (Administrative
Record Docket ID No. OSM–2012–0006).
We received responses from both the
Bureau of Land Management (BLM) and
the Mine Safety and Health
Administration (MSHA). BLM stated in
a letter dated February 17, 2012, that
they had no comments on North Dakota
Amendment XXXIX (Administrative
Record Document ID No. OSM–2012–
0006–0004). MSHA stated in a letter
dated March 5, 2012, that they
concurred with the proposed revisions
and had no further comment
(Administrative Record Document ID
No. OSM–2012–0006–0006).
Environmental Protection Agency (EPA)
Concurrence and Comments
Under 30 CFR 732.17(h)(11)(ii), we
are required to obtain concurrence from
EPA for those provisions of the program
amendment that relate to air or water
quality standards issued under the
authority of the Clean Water Act (33
U.S.C. 1251 et seq.) and the Clean Air
Act (42 U.S.C. 7401 et seq.).
None of the revisions that North
Dakota proposed to make in this
amendment pertain to air or water
quality standards. Although OSM did
not ask EPA to concur on the
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
amendment, we did request EPA to
comment on the amendment
(Administrative Record ID No. OSM–
2012–0006–0005). 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 February 7, 2012, we
requested comments on North Dakota’s
amendment (Administrative Record
Document ID No.OSM–2012–0006–
0005), but neither responded to our
request.
V. OSMRE’s Decision
Based on the above finding, we
approve North Dakota’s February 1,
2012 amendment.
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 demonstrates that the State has
the capability of carrying out the
provisions of the Act and meeting its
purposes. Making this regulation
effective immediately will expedite that
process. SMCRA requires consistency of
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
E:\FR\FM\06JNR1.SGM
06JNR1
Federal Register / Vol. 79, No. 109 / Friday, June 6, 2014 / Rules and Regulations
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.
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.
Executive Order 13132—Federalism
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) et seq).
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)
National Environmental Policy Act
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.
mstockstill on DSK4VPTVN1PROD with RULES
Original amendment submission date
*
VerDate Mar<15>2010
*
February 1, 2012
16:43 Jun 05, 2014
Jkt 232001
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: February 12, 2014.
Allen D. Klein,
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.
*
*
*
Date of final publication
*
PO 00000
*
June 6, 2014
Frm 00015
Fmt 4700
Sfmt 4700
32647
*
*
Citation/description
*
E:\FR\FM\06JNR1.SGM
*
*
NDAC 69–5.2–12–04.
06JNR1
32648
Federal Register / Vol. 79, No. 109 / Friday, June 6, 2014 / Rules and Regulations
[FR Doc. 2014–13293 Filed 6–5–14; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 944
[SATS No. UT–049–FOR; Docket ID No.
OSM–2012–0015; S1D1SSS08011000
SX066A00067F144S180110;
S2D2SSS08011000SX066A00033F14
XS501520]
Utah Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule; Approval of
Amendment.
AGENCY:
We are approving an
amendment to the Utah regulatory
program (the ‘‘Utah program’’) under the
Surface Mining Control and
Reclamation Act of 1977 (‘‘SMCRA’’ or
‘‘the Act’’). Utah proposed revisions to
and additions of rules about ownership
and control. Utah revised its program to
be consistent with the corresponding
Federal regulations.
DATES: Effective Date: June 6, 2014.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Fleischman, Chief, Denver Field
Division, Telephone: 307–261–6550,
Internet address: jfleischman@
OSMRE.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
I. Background on the Utah Program
II. Submission of the Proposed Amendment
III. Office of Surface Mining Reclamation and
Enforcement’s (OSM’s) Findings
IV. Summary and Disposition of Comments
V. OSM’s Decision
VI. Procedural Determinations
mstockstill on DSK4VPTVN1PROD with RULES
I. Background on the Utah 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 Utah
program on January 21, 1981. You can
find background information on the
Utah program, including the Secretary’s
VerDate Mar<15>2010
13:35 Jun 05, 2014
Jkt 232001
findings, the disposition of comments,
and conditions of approval of the Utah
program in the January 21, 1981,
Federal Register (46 FR 5899). You can
also find later actions concerning Utah’s
program and program amendments at 30
CFR 944.15 and 944.30.
II. Submission of the Proposed
Amendment
By letter dated June 25, 2012, Utah
sent us an amendment to its program
(Administrative Record Number OSM–
2012–0015–0002) under SMCRA (30
U.S.C. 1201 et seq.). Utah sent the
amendment in response to an October 2,
2009 letter (Administrative Record No.
OSM–2012–0015–0003) we sent to Utah
in accordance with 30 CFR 732.17(c).
We announced receipt of the
proposed amendment in the September
5, 2012 Federal Register (77 FR 54491).
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
(Administrative Record No. OSM–2012–
0015–0001). We did not hold a public
hearing or meeting because no one
requested one. The public comment
period ended on October 5, 2012. We
received comments from three Federal
agencies.
By letter dated November 2, 2012,
Utah sent us a supplemental to the June
25, 2012 amendment proposal
(Administrative Record No. OSM–2012–
0015–0008). Utah sent the supplemental
amendment to address two minor
revisions that were inadvertently
omitted from the June 25th submittal.
We announced receipt of the
supplemental proposed amendment in
the December 12, 2012 Federal Register
(77 FR 73966). In the same document,
we reopened the public comment period
on the amendment’s adequacy
(Administrative Record No. OSM–2012–
0015–0010). That public comment
period ended on December 27, 2012. We
did not receive any additional
comments during the second comment
period.
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.
Revisions to Utah’s Rules That Have the
Same Meaning as the Corresponding
Provisions of the Federal Regulations
Utah proposed revisions to the
following rules containing language that
is the same as or similar to the
corresponding sections of the Federal
regulations.
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
R643–874–160 corresponding to 30
CFR 874.16, AML contractor eligibility
(general);
R643–875–200 corresponding to 30
CFR 875.20, AML contractor eligibility
(noncoal);
R645–100–200 corresponding to 30
CFR 701.5, Definitions of ‘‘Applicant/
Violator System,’’ ‘‘Control or
Controller,’’ ‘‘Knowingly’’ (deleted),
‘‘Knowing or Knowingly,’’ ‘‘ ‘Owned or
controlled’ and ‘Owns or Controls’ ’’
(deleted), ‘‘Own, Owner, or
Ownership,’’ ‘‘Transfer, Assignment or
Sale of Permit Rights,’’ ‘‘Violation,’’
‘‘Violation, Failure, or Refusal,’’
‘‘Violation Notice,’’ ‘‘Willful or
Willfully,’’ and ‘‘Willful Violation;’’
R645–300–132 corresponding to 30
CFR 773.8, Review of compliance and
entry of information into the AVS;
R645–300–132.100 corresponding to
30 CFR 773.9 through 773.11, Review of
applicant, operator and ownership and
control information, permit history, and
compliance history;
R645–300–132.120 through –132.121
corresponding to 30 CFR 773.14(3) & (4),
Challenging ownership and control
listings;
R645–300–132.150 through
–132.150.11 corresponding to 30 CFR
773.25 through 773.28, Challenging
ownership and control listings;
R645–300–132.200 corresponding to
30 CFR 773.14, Provisionally issued
permits;
R645–300–132.400 corresponding to
30 CFR 773.12, Permit eligibility
determinations;
R645–300–132.500 corresponding to
30 CFR 773.13, Unanticipated events or
conditions at remining sites;
R645–300–133 corresponding to 30
CFR 773.15, Written findings for permit
application approval;
R645–300–148 corresponding to 30
CFR 774.12(c), Updating ownership and
control information;
R645–300–160 through –162
corresponding to 30 CFR 773.21,
Improvidently issued permits;
R645–300–164 corresponding to 30
CFR 773.22 and 773.23, Improvidently
issued permit rescission procedures;
R645–300–171 through –173
corresponding to 30 CFR 778.9,
Certifying and updating permit
application information;
R645–300–180 though –183.2
corresponding to 30 CFR 774.11, Postpermit issuance requirements based on
ownership and control information;
R645–301–111 corresponding to 30
CFR 778.11, Minimum requirements for
legal, financial, compliance, and related
information;
R645–301–112.200 through –112.420
corresponding to 30 CFR 778.11 and
E:\FR\FM\06JNR1.SGM
06JNR1
Agencies
[Federal Register Volume 79, Number 109 (Friday, June 6, 2014)]
[Rules and Regulations]
[Pages 32645-32648]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13293]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 934
[SATS No. ND-053-FOR; Docket ID No. OSM-2012-0006;
S1D1SSS08011000SX066A00067F144S180110;
S2D2SSS08011000SX066A00033F14XS501520]
North Dakota Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
-----------------------------------------------------------------------
SUMMARY: We are issuing a final decision on 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''). Our decision approves the amendment. North Dakota proposed
changes to the North Dakota Administrative Code (NDAC) to address
letter of credit provisions in the collateral bond rules under Section
69-5.2-12-04. The changes involve financial information and various
notices that banks issuing a letter of credit must provide to the North
Dakota Public Service Commission (hereinafter, the ``Commission'').
DATES: Effective Date: June 6, 2014.
FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Denver Field
Division, Chief, 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
(OSMRE's) Findings
IV. Summary and Disposition of Comments
V. OSMRE's 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, 934.16, and 934.30.
II. Submission of the Proposed Amendment
By letter dated February 2, 2012, North Dakota sent us an amendment
to its program (SATS number: ND-053-FOR, Administrative Record Document
ID. OSM-2012-0006-0002) under SMCRA (30 U.S.C. 1201 et seq.). North
Dakota submitted the amendment to include changes made at its own
initiative.
North Dakota proposed to change the letter of credit provisions in
its collateral bond rule at NDAC 69-5.2-12-04 which addresses the
financial information that banks issuing a letter of credit must
provide to the Commission. Specifically, North Dakota proposed to
revise its rules by adding an option that allows banks to provide a
certified copy of financial reports that are required by a Federal
banking agency rather than submit a balance sheet that is certified by
a certified public accountant (CPA). North Dakota also proposed a
change that affects the provision requiring banks to give the
Commission notice of actions alleging insolvency or bankruptcy. North
Dakota is proposing these changes both in order to avoid conflict with
Federal and State banking regulations and to assist banks that may have
difficulty submitting CPA certified balance sheets.
We announced receipt of the proposed amendment in the April 25,
2012, Federal Register (Vol. 77, No. 80 FR page number 24661). 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
(Administrative Record Docket ID OSM-2012-0006).
We did not hold a public hearing or meeting because no one
requested one. The public comment period ended on May 25, 2012. We did
not receive any comments.
III. OSMRE's Findings
30 CFR 732.17(h)(10) requires that State program amendments meet
the criteria for approval of State programs set forth in 30 CFR 732.15,
including that the State's laws and regulations are in accordance with
the provisions of the Act and consistent with the requirements of 30
CFR Part 700. In 30 CFR 730.5, OSMRE defines ``consistent with'' and
``in accordance with'' to mean (a) with regard to SMCRA, the State laws
and regulations are no less stringent than, meet the minimum
requirements of, and include all applicable provisions of the Act and
(b) with regard to the Federal regulations, the State laws and
regulations are no less effective than the Federal regulations in
meeting the requirements of SMCRA.
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 as described below.
A. Revisions to North Dakota's Rules That Are the Same as or Similar to
the Corresponding Provisions of the Federal Regulations
North Dakota proposed changes to existing language in subsections
(d) and (f) of NDAC Section 69-05.2-12-04. The proposed changes include
additional conditions that banks must meet in
[[Page 32646]]
order for the Commission to approve a coal operator's collateral bond
pledging a letter of credit. The proposed rule changes are intended to
ensure that banks issuing letters of credit to the North Dakota Public
Service Commission (hereinafter, ``the Commission'') maintain a certain
degree of fiscal health and provide notice to the Commission and
permittee of insolvency, bankruptcy, or regulatory requirement
violations.
1. Performance Bond--Collateral Bond, at NDAC Sections 69-05.2-12-
04(2)(d) and (f)
North Dakota proposed to revise NDAC Section 69-05.2-12-04(2)(d),
which deals with notifications of the fiscal health of banks that issue
letters of credit to the Commission. As previously written, the rules
required that letters of credit submitted to the Commission be
accompanied by a balance sheet and that updated balance sheets must be
submitted regularly every year. North Dakota's proposed rule change
provides banks with an alternative to submit certified copies of
financial reports that are already required under Federal banking
regulations. The Federal regulations governing collateral bonds
pledging letters of credit are found at 30 CFR 800.21(b). The
currently-approved State rules provide specific conditions for letters
of credit that were found to be no less effective than Federal
regulations [69 FR 2663]. Similarly, the proposed revision to NDAC 69-
05.2-12-04(2)(d), although relaxing currently-approved State
requirements, adds specificity to Federal requirements. Therefore, we
find that the proposed change to NDAC 69-05.2-12-04(2)(d) is no less
effective than the Federal regulations. Accordingly, we approve it.
North Dakota also proposed to revise NDAC Section 69-05.2-12-
04(2)(f), which states that banks shall give prompt notice to the
permittee and the Commission of notices received or actions filed
alleging insolvency, bankruptcy, or banking regulatory requirement
violations that could result in suspension or revocation of the bank's
charter or license to do business. The proposed amendment contains
language that limits the amount of information provided in the notice
to what is permitted by State and Federal banking laws. North Dakota
proposed this rule change to avoid conflict with various Federal and
State banking regulations. The counterpart Federal regulations to
subsection (f) are found at 30 CFR 800.16(e). 30 CFR 800.16(e)(1)
requires that the bond shall ``provide a mechanism'' for a bank to
notify the regulatory authority, or in this case the Commission, of
actions filed alleging insolvency, bankruptcy, or banking regulatory
requirement violations that could result in suspension or revocation of
the bank's charter or license to do business. Furthermore, 30 CFR
800.16(e)(2) requires that the permitee shall promptly notify the
regulatory authority of the aforementioned actions. Since North
Dakota's proposed rule change does not weaken the requirement that a
``mechanism'' exists for banks to notify the Commission of alleged
insolvency, bankruptcy, or banking regulatory requirement violations,
we find that the proposed change to NDAC 69-05.2-12-04(2)(f) is no less
effective than the counterpart Federal regulations at 30 CFR 800.16(e)
and we approve it.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment (Administrative
Record Document ID No. OSM-2012-0006-0002), but did not receive any.
Federal Agency Comments
Under 30 CFR 732.17(h)(11)(i) and section 503(b) of SMCRA, we
requested comments on the amendment from various State and Federal
agencies with an actual or potential interest in the North Dakota
program (Administrative Record Docket ID No. OSM-2012-0006).
We received responses from both the Bureau of Land Management (BLM)
and the Mine Safety and Health Administration (MSHA). BLM stated in a
letter dated February 17, 2012, that they had no comments on North
Dakota Amendment XXXIX (Administrative Record Document ID No. OSM-2012-
0006-0004). MSHA stated in a letter dated March 5, 2012, that they
concurred with the proposed revisions and had no further comment
(Administrative Record Document ID No. OSM-2012-0006-0006).
Environmental Protection Agency (EPA) Concurrence and Comments
Under 30 CFR 732.17(h)(11)(ii), we are required to obtain
concurrence from EPA for those provisions of the program amendment that
relate to air or water quality standards issued under the authority of
the Clean Water Act (33 U.S.C. 1251 et seq.) and the Clean Air Act (42
U.S.C. 7401 et seq.).
None of the revisions that North Dakota proposed to make in this
amendment pertain to air or water quality standards. Although OSM did
not ask EPA to concur on the amendment, we did request EPA to comment
on the amendment (Administrative Record ID No. OSM-2012-0006-0005). 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 February 7, 2012, we requested comments on North
Dakota's amendment (Administrative Record Document ID No.OSM-2012-0006-
0005), but neither responded to our request.
V. OSMRE's Decision
Based on the above finding, we approve North Dakota's February 1,
2012 amendment.
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 demonstrates that the State has the
capability of carrying out the provisions of the Act and meeting its
purposes. Making this regulation effective immediately will expedite
that process. SMCRA requires consistency of 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
[[Page 32647]]
the Federal regulations at 30 CFR 730.11, 732.15, and 732.17(h)(10),
decisions on proposed State regulatory programs and program amendments
submitted by the States must be based solely on a determination of
whether the submittal is consistent with SMCRA and its implementing
Federal regulations and whether the other requirements of 30 CFR Parts
730, 731, and 732 have been met.
Executive Order 13132--Federalism
This rule does not have Federalism implications. SMCRA delineates
the roles of the Federal and State governments with regard to the
regulation of surface coal mining and reclamation operations. One of
the purposes of SMCRA is to ``establish a nationwide program to protect
society and the environment from the adverse effects of surface coal
mining operations.'' Section 503(a)(1) of SMCRA requires that State
laws regulating surface coal mining and reclamation operations be ``in
accordance with'' the requirements of SMCRA, and section 503(a)(7)
requires that State programs contain rules and regulations ``consistent
with'' regulations issued by the Secretary pursuant to SMCRA.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on Federally recognized Indian Tribes
and have determined that the rule does not have substantial direct
effects on one or more Indian Tribes, on the relationship between the
Federal government and Indian Tribes, or on the distribution of power
and responsibilities between the Federal government and Indian Tribes.
The 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.
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: February 12, 2014.
Allen D. Klein,
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
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 Date of final
submission date publication Citation/description
------------------------------------------------------------------------
* * * * * * *
February 1, 2012 June 6, 2014 NDAC 69-5.2-12-04.
------------------------------------------------------------------------
[[Page 32648]]
[FR Doc. 2014-13293 Filed 6-5-14; 8:45 am]
BILLING CODE 4310-05-P