Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 12857 

Original amendment submission date Date of final publication Citation/description 

*******

March 4, 2010 ................................................... March 9, 2011 ................................................... Section 8509. 

[FR Doc. 2011–5382 Filed 3–8–11; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 926 

[SATS No. MT–031–FOR; Administrative 

Record No. OSM–2010–0010] 

Montana 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 Montana regulatory 

program (the ‘‘Montana program’’) under 

the Surface Mining Control and 

Reclamation Act of 1977 (‘‘SMCRA’’ or 

‘‘the Act’’). Montana proposed revisions 

to the Administrative Rules of Montana 

(ARM) at Chapter 17.24.1109 

(BONDING: LETTERS OF CREDIT). 

Montana is revising its program to 

incorporate the additional flexibility 

afforded by the revised Federal 

regulations and SMCRA, as amended, 

and to improve operational efficiency. 

DATES: Effective Date: March 9, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Jeffery Fleischman, Field Office 

Director, Casper Field Office, Office of 

Surface Mining Reclamation and 

Enforcement, 150 East B Street, Room 

1018, Casper, Wyoming 82604–1018, 

307–261–6552, jfleischman@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Montana 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 

I. Background on the Montana 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 Montana 

program on April 1, 1980. You can find 

background information on the Montana 

program, including the Secretary’s 

findings, the disposition of comments, 

and conditions of approval in the April 

1, 1980, Federal Register (45 FR 21560). 

You can also find later actions 

concerning Montana’s program and 

program amendments at 30 CFR 926.15, 

926.16, and 926.30. 

II. Submission of the Proposed 

Amendment 

By letter dated July 14, 2010, Montana 

sent us an amendment to its program 

(Administrative Record Docket ID: 

OSM–2010–0010) under SMCRA (30 

U.S.C. 1201 et seq.). Montana sent the 

amendment to include the changes 

made at its own initiative. The 

amendment changes a condition for 

irrevocable letters of credit issued by 

banks as collateral in order to correct an 

error in the definition. 

Specifically, in ARM 

17.24.1109(1)(e)(iii), Montana (1) 

substitutes ‘‘capital stock’’ for 

‘‘shareholder equity’’ to tailor the 

definition of ‘‘total stockholder’s equity’’ 

to that used by the banking industry; 

and (2) deletes the criterion to evaluate 

the financial strength of a bank issuing 

a letter of credit set forth in ARM 

17.24.1109(1)(f). The deletion of 

requirements in subsection (1)(f) 

recognizes that credit rating agencies 

change over time and that not all credit 

rating agencies use a rating scale that 

includes a ‘B+’ rating as required by the 

regulation. In addition, credit rating 

agencies rate national banks and not 

state chartered banks. The deletion of 

subsection (1)(f) now allows qualifying 

state chartered banks to issue letters of 

credit as collateral for reclamation 

bonds. With the deletion of subsection 

(f), (g) through (j)(iii) will remain the 

same, but are renumbered (f) through 

(i)(iii). 

We announced receipt of the 

proposed amendment in the October 5, 

2010, Federal Register (Vol. 75, No. 192 

FR 61366). 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–2010–0010–0004). 

We did not receive any comments. We 

did not hold a public hearing or meeting 

because no one requested one. The 

public comment period ended on 

November 4, 2010. 

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 as described 

below. 

A. Revisions to Montana’s Rules With 

No Corresponding Federal Regulation 

The following are proposed revisions 

to the Montana regulations that have no 

corresponding Federal regulation. 

Administrative Rules of Montana 

(ARM) 17.24.1109, BONDING: LETTERS 

OF CREDIT. 

The substitution of the term ‘‘capital 

stock’’ for ‘‘shareholders equity’’ brings 

subsection (1)(e)(iii) in line with the 

standard definition used by the banking 

and financial institutions. 

The deletion of the requirements in 

subsection (1)(f) recognizes that credit 

rating agencies change over time and 

that not all credit rating agencies use a 

rating scale that includes a B+ rating as 

required by the regulation. In addition, 

credit rating agencies rate national 

banks and not state chartered banks. 

The deletion of subsection (1)(f) now 

allows qualifying state chartered banks 

to issue letters of credit as collateral for 

reclamation bonds. 

We find that Montana’s revision of 

ARM 17.24.1109 BONDING: LETTERS 

OF CREDIT adds specificity beyond that 

contained in the Federal regulations and 

is no less effective. Accordingly, we are 

approving Montana’s revision. 

IV. Summary and Disposition of 

Comments 

Public Comments 

We asked for public comments on the 

amendment (Administrative Record 

Docket ID: OSM–2010–0010), but did 

not receive any. 

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12858 Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 

Federal Agency Comments 

Under 30 CFR 732.17(h)(11)(i) and 

section 503(b) of SMCRA, we requested 

comments on the amendment from 

various Federal agencies with an actual 

or potential interest in the Montana 

program (Administrative Record No. 

OSM–2010–0010–0003), but did not 

receive any. 

Environmental Protection Agency (EPA) 

Concurrence and Comments 

Under 30 CFR 732.17(h)(11)(i) and 

(ii), we are required to get 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.) or the Clean Air Act 

(42 U.S.C. 7401 et seq.). 

We note that none of the proposed 

changes relate to air or water quality 

standards. Nevertheless, under 30 CFR 

732.17(h)(11)(ii), OSM requested 

comments on the amendment from EPA 

(Administrative Record No. OSM–2010– 

0010–0003). 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 July 26, 2010, we 

requested comments on Montana’s 

amendment (Administrative Record No. 

OSM–2010–0010–0003), but neither 

responded to our request. 

V. OSM’s Decision 

Based on the above finding, we 

approve Montana’s July 14, 2010, 

amendment. 

To implement this decision, we are 

amending the Federal regulations at 30 

CFR part 926, which codify decisions 

concerning the Montana 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 

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 

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 Federal regulations for which an 

economic analysis was prepared and 

certification made that such regulations 

would not have a significant economic 

effect upon a substantial number of 

small entities. In making the 

determination as to whether this rule 

would have a significant economic 

impact, the Department relied upon the 

data and assumptions for the Federal 

regulations. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), of the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: 

a. Does not have an annual effect on 

the economy of $100 million. 

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Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 12859 

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 926 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: January 3, 2011. 

Allen D. Klein, 

Regional Director, Western Region. 

For the reasons set out in the 

preamble, 30 CFR part 926 is amended 

as set forth below: 

PART 926—MONTANA 

■ 1. The authority citation for part 926 

continues to read as follows: 

Authority: 30 U.S.C. 1201 et seq. 

■ 2. Section 926.15 is amended in the 

table by adding a new entry in 

chronological order by ‘‘Date of Final 

Publication’’ to read as follows: 

§ 926.15 Approval of Montana regulatory 

program amendments. 

* * * * * 

Original amendment submission date Date of final publication Citation/description 

*******

July 14, 2010 .................................................................... March 9, 2011 .................................................................. ARM 17.24.1109. 

[FR Doc. 2011–5388 Filed 3–8–11; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

32 CFR Part 706 

Certifications and Exemptions Under 

the International Regulations for 

Preventing Collisions at Sea, 1972 

AGENCY: Department of the Navy, DoD. 

ACTION: Final rule. 

SUMMARY: The Department of the Navy 

(DoN) is amending its certifications and 

exemptions under the International 

Regulations for Preventing Collisions at 

Sea, 1972 (72 COLREGS), to reflect that 

the Deputy Assistant Judge Advocate 

General (DAJAG) (Admiralty and 

Maritime Law) has determined that 

certain vessels of the SSN Class are 

vessels of the Navy which, due to their 

special construction and purpose, 

cannot fully comply with certain 

provisions of the 72 COLREGS without 

interfering with its special function as a 

naval ship. The intended effect of this 

rule is to warn mariners in waters where 

72 COLREGS apply. 

DATES: This rule is effective March 9, 

2011 and is applicable beginning 

February 23, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Jaewon Choi, JAGC, U.S. 

Navy, Admiralty Attorney, (Admiralty 

and Maritime Law), Office of the Judge 

Advocate General, Department of the 

Navy, 1322 Patterson Ave., SE., Suite 

3000, Washington Navy Yard, DC 

20374–5066, telephone number: 202– 

685–5040. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the authority granted in 33 U.S.C. 

1605, the DoN amends 32 CFR part 706. 

This amendment provides notice that 

the DAJAG (Admiralty and Maritime 

Law), under authority delegated by the 

Secretary of the Navy, has certified that 

certain vessels of the SSN Class are 

vessels of the Navy which, due to their 

special construction and purpose, 

cannot fully comply with the following 

specific provisions of 72 COLREGS 

without interfering with their special 

function as naval ships: Rule 21 (a) 

pertaining to the centerline position of 

the masthead lights. The DAJAG 

(Admiralty and Maritime Law) has also 

certified that the lights involved are 

located in closest possible compliance 

with the applicable 72 COLREGS 

requirements. 

Moreover, it has been determined, in 

accordance with 32 CFR parts 296 and 

701, that publication of this amendment 

for public comment prior to adoption is 

impracticable, unnecessary, and 

contrary to public interest since it is 

based on technical findings that the 

placement of lights on these vessels in 

a manner differently from that 

prescribed herein will adversely affect 

the vessels’ ability to perform their 

military functions. 

List of Subjects in 32 CFR Part 706 

Marine safety, Navigation (water), and 

Vessels. 

For the reasons set forth in the 

preamble, the Navy amends part 706 of 

title 32 of the CFR as follows: 

PART 706—CERTIFICATIONS AND 

EXEMPTIONS UNDER THE 

INTERNATIONAL REGULATIONS FOR 

PREVENTING COLLISIONS AT SEA, 

1972 

■ 1. The authority citation for part 706 

continues to read as follows: 

Authority: 33 U.S.C. 1605. 

■ 2. Section 706.2, Table Two, is 

amended by adding, in alpha numerical 

order by vessel number, the following 

entries for the SSN Class to read as 

follows: 

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605. 

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