Federal Register / Vol. 69, No. 190 / Friday, October 1, 2004 / Proposed Rules 58875

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)). 

Paperwork Reduction Act 

This rule does not contain 

information collection requirements that 

require approval by OMB under the 

Paperwork Reduction Act (44 U.S.C. 

3507 et seq.). 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this rule will not have a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). The State submittal, 

which is the subject of this rule, is based 

upon counterpart Federal regulations for 

which an economic analysis was 

prepared and certification made that 

such regulations would not have a 

significant economic effect upon a 

substantial number of small entities. In 

making the determination as to whether 

this rule would have a significant 

economic impact, the Department relied 

upon the data and assumptions for the 

counterpart Federal regulations. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

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

Regulatory Enforcement Fairness Act. 

This rule: a. does not have an annual 

effect on the economy of $100 million; 

b. will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions; and c. does not have 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S. based enterprises to compete 

with foreign-based enterprises. 

This determination is based upon the 

fact that the State submittal which is the 

subject of this rule is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation was not considered a major 

rule. 

Unfunded Mandates 

This rule will not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of $100 million or more in any given 

year. This determination is based upon 

the fact that the State submittal, which 

is the subject of this rule, is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation did not impose an unfunded 

mandate.

List of Subjects in 30 CFR Part 906

Intergovernmental relations, Surface 

mining, Underground mining.

Dated: September 15, 2004. 

Allen D. Klein, 

Regional Director, Western Regional 

Coordinating Center.

[FR Doc. 04–22017 Filed 9–30–04; 8:45 am] 

BILLING CODE 4310–05–P

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

36 CFR Part 1270 

RIN 3095–AB40 

Presidential Records Act Procedures

AGENCY: National Archives and Records 

Administration (NARA).

ACTION: Proposed rule.

SUMMARY: In response to a petition for 

rulemaking, NARA proposes to amend 

our rules concerning Presidential 

records to lengthen the time from 10 

working days to 35 calendar days to 

appeal denial of access. This proposed 

rule will affect the public.

DATES: Submit comments on or before 

November 30, 2004.

ADDRESSES: NARA invites interested 

persons to submit comments on this 

proposed rule. Please include ‘‘Attn: 

3095–AB40’’ and your name and 

mailing address in your comments. 

Comments may be submitted by any of 

the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• E-Mail: Send comments to 

comments@nara.gov. If you do not 

receive a confirmation that we have 

received your e-mail message, contact 

Jennifer Davis Heaps at 301–837–1850. 

• Fax: Submit comments by facsimile 

transmission to 301–837–0319. 

• Mail: Send comments to 

Regulations Comments Desk (NPOL), 

Room 4100, Policy and 

Communications Staff, National 

Archives and Records Administration, 

8601 Adelphi Road, College Park, MD 

20740–6001. 

• Hand Delivery or Courier: Deliver 

comments to 8601 Adelphi Road, 

College Park, MD.

FOR FURTHER INFORMATION CONTACT:

Jennifer Davis Heaps at 301–837–1801.

SUPPLEMENTARY INFORMATION: On June 4, 

2004, NARA received a petition to 

extend the timeframe in which a person 

may appeal the denial of a request for 

access to Presidential records made 

under the Presidential Records Act (44 

U.S.C. 2201–2207). The petitioners 

stated that the current timeframe of 10 

working days from the date of NARA’s 

58876 Federal Register / Vol. 69, No. 190 / Friday, October 1, 2004 / Proposed Rules 

denial letter was not long enough to 

allow requesters to respond and that 

this limited timeframe served to 

discourage people from appealing 

denial decisions. The petitioners 

requested that the timeframe be 

extended to 35 calendar days to match 

the timeframe NARA allows to appeal 

denials for access to records made under 

the provisions of the Freedom of 

Information Act (FOIA) (see 36 CFR 

1250.72 (a)) and the Privacy Act (see 36 

CFR 1202.56 (a)). 

To conform to the requirements under 

the FOIA, the proposed change also 

requires that NARA must receive the 

written appeal within 35 calendar days 

of the date of NARA’s denial letter, 

instead of the requester filing an appeal 

no later than 10 working days after 

receiving NARA’s denial. The proposed 

change is more equitable, as the time in 

which a requester may receive NARA’s 

denial may fluctuate. We agree with the 

petitioners that the change from 10 

working days to 35 calendar days, 

corresponding with the length of time to 

make appeals under the FOIA, will be 

a service to researchers. 

We also propose to change the appeal 

official to the appropriate Presidential 

library director and to have the director 

respond to the appeal within 30 

working days. 

This proposed rule is not a significant 

regulatory action for the purposes of 

Executive Order 12866 and has not been 

reviewed by the Office of Management 

and Budget (OMB). As required by the 

Regulatory Flexibility Act, it is hereby 

certified that this proposed rule will not 

have a significant impact on a 

substantial number of small entities 

because this rule applies to individual 

researchers. This proposed rule does not 

have any federalism implications.

List of Subjects in 36 CFR Part 1270 

Archives and records.

For the reasons set forth in the 

preamble, NARA proposes to amend 

part 1270 of title 36, Code of Federal 

Regulations, as follows:

PART 1270—PRESIDENTIAL 

RECORDS 

1. The authority citation for part 1270 

is revised to read as follows:

Authority: 44 U.S.C. 2201–2207.

2. Amend § 1270.42 by revising 

paragraphs (a), (b), and (d) to read as 

follows:

Subpart D—Access to Presidential 

Records

§ 1270.42 Denial of access to public; right 

to appeal. 

(a) Any person denied access to a 

Presidential record (hereinafter the 

requester) because of a determination 

that the record or a reasonable 

segregable portion of the record was (1) 

properly restricted under 44 U.S.C. 

2204(a), and (2) not placed in the public 

domain by the former President or his 

agent, may file an administrative appeal 

with the appropriate Presidential library 

director at the address cited in part 1253 

of this chapter. 

(b) All appeals must be received by 

NARA within 35 calendar days of the 

date of NARA’s denial letter.

* * * * *

(d) Upon receipt of an appeal, the 

appropriate Presidential library director 

has 30 working days from the date an 

appeal is received to consider the 

appeal and respond in writing to the 

requester. The director’s response must 

state whether or not the Presidential 

records requested are to be released and 

the basis for this determination. The 

director’s decision to withhold release 

of Presidential records is final and not 

subject to judicial review.

Dated: September 27, 2004. 

John W. Carlin, 

Archivist of the United States.

[FR Doc. 04–22051 Filed 9–30–04; 8:45 am] 

BILLING CODE 7515–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service 

50 CFR Part 17 

RIN 1018–AT57 

Endangered and Threatened Wildlife 

and Plants; Notice of Availability of the 

Draft Economic Analysis on the 

Proposed Designation of Critical 

Habitat for the Santa Ana Sucker

AGENCY: Fish and Wildlife Service, 

Interior.

ACTION: Proposed rule; notice of 

availability of draft economic analysis 

and reopening of the public comment 

period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

availability of a draft economic analysis 

on the proposed designation of critical 

habitat for the Santa Ana sucker 

(Catostomus santaanae), and the 

reopening of the public comment period 

on the proposed rule to designate 

critical habitat for the Santa Ana sucker. 

The comment period will provide the 

public, Federal, State, and local 

agencies, and Tribes with an 

opportunity to submit written 

comments on this proposal and its 

respective draft economic analysis. 

Comments previously submitted for this 

proposed rule need not be resubmitted 

as they have already been incorporated 

into the public record and will be fully 

considered in any final decision.

DATES: The public comment period on 

the proposed designation and draft 

economic analysis is now reopened 

until October 12, 2004. We will accept 

comments and information until 5 p.m. 

PST on that date.

ADDRESSES: Written comments and 

materials may be submitted to us by one 

of the following methods: 

1. You may submit written comments 

and information to the Field Supervisor, 

Carlsbad Fish and Wildlife Office, 6010 

Hidden Valley Road, Carlsbad, 

California 92009. 

2. You may hand-deliver written 

comments and information to our 

Carlsbad Fish and Wildlife Office at the 

above address, or fax your comments to 

(760) 431–9618. 

3. You may send comments by 

electronic mail (e-mail) to 

fw1sasu@r1.fws.gov. Please see the 

Public Comments Solicited section 

below for file format and other 

information about electronic filing. 

Comments and materials received, as 

well as supporting documentation used 

in preparation of the proposed critical 

habitat rule for the Santa Ana sucker 

will be available for public inspection, 

by appointment, during normal business 

hours at the above address. Any 

comments received after the closing 

date may not be considered in the final 

decisions on this action. You may 

obtain copies of the proposed critical 

habitat designation by contacting the 

Carlsbad Fish and Wildlife Office at the 

above address.

FOR FURTHER INFORMATION CONTACT: Mr. 

Jim Bartel, Field Supervisor, Carlsbad 

Fish and Wildlife Office, at the above 

address (telephone (760) 431–9440; 

facsimile (760) 431–9618).

SUPPLEMENTARY INFORMATION:

Public Comments Solicited 

We solicit comments or suggestions 

from the public, other concerned 

governmental agencies, Tribes, the 

scientific community, industry, or any 

other interested parties concerning our 

proposed designation of critical habitat 

for the Santa Ana sucker and our draft 

economic analysis for the proposed