Federal Register / Vol. 62, No. 214 / Wednesday, November 5, 1997 / Rules and Regulations 59821

Unfunded Mandates Reform Act of 1995

This final rule does not include any

Federal mandate that may result in

increased expenditures of $100 million

in any one year by State, local, or tribal

governments, or by the private sector.

Therefore, a Section 202 statement

under the Unfunded Mandates Reform

Act is not required.

Executive Order 12612

BLM has analyzed this final rule

under the principles and criteria in

Executive Order 12612 and has

determined that the rule does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment.

Executive Order 12630

This final rule does not represent a

government action that interferes with

constitutionally protected property

rights. Thus, a Taking Implication

Assessment need not be prepared under

Executive Order 12630, ‘‘Government

Action and Interference with

Constitutionally Protected Property

Rights.’’

Executive Order 12866

This final rule does not meet the

criteria for a significant rule requiring

review by the Office of Management and

Budget under Executive Order 12866,

Regulatory Planning and Review.

Executive Order 12988

The Department has determined that

this final rule meets the applicable

standards provided in sections 3(a) and

3(b)(2) of Executive Order 12988, Civil

Justice Reform.

Report to Congress and the General

Accounting Office

Under 5 U.S.C. 801(a)(1)(A), as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, BLM

submitted a report containing this rule

and other required information to the

U.S. Senate, U.S. House of

Representatives, and the Comptroller

General of the General Accounting

Office before publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

Author: The principal author of this

final rule is Frances Watson, Regulatory

Affairs Group, Bureau of Land

Management, 1849 C Street, NW, Room

401 LS, Washington, D.C. 20240;

Telephone 202/452–5006 (Commercial

or FTS).

List of Subjects in 43 CFR Part 1860

Administrative practice and

procedure, Public lands.

For the reasons stated in the

preamble, and under the authority of 43

U.S.C. 1740, part 1860 of Title 43 of the

Code of Federal Regulations is amended

as set forth below:

PART 1860—[AMENDED]

1. The authority citation for part 1860

continues to read as follows:

Authority: R.S. 2450, as amended; 43

U.S.C. 1161.

Subpart 1862—[Removed and

Reserved]

2. Subpart 1862 is removed and

reserved.

Dated: October 28, 1997.

Sylvia V. Baca,

Acting Assistant Secretary, Land and

Minerals Management.

[FR Doc. 97–29273 Filed 11–4–97; 8:45 am]

BILLING CODE 4310–84–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 3710

[WO–320–4130–02–24 1A]

RIN 1004–AC39

Use and Occupancy Under the Mining

Laws

AGENCY: Bureau of Land Management,

Interior.

ACTION: Correcting amendments.

SUMMARY: This document contains

corrections to the final regulations

published in the Federal Register on

Tuesday, July 16, 1996 (61 FR 37116).

The regulations addressed the unlawful

use and occupancy of unpatented

mining claims for non-mining purposes.

DATES: The corrections are effective on

November 5, 1997.

FOR FURTHER INFORMATION CONTACT:

Richard E. Deery, (202) 452-0353.

SUPPLEMENTARY INFORMATION: On July

16, 1996, BLM published a final rule

addressing the unlawful use and

occupancy of unpatented mining claims

for non-mining purposes. The

definitions section of the final rule and

its accompanying preamble contain the

undefined phrases ‘‘hardrock mining’’

and ‘‘hardrock mineral development.’’

Another section of the final rule and its

accompanying preamble contain an

erroneous cross reference. BLM must

clarify the undefined phrases and

correct the cross-referencing errors to

avoid confusing those people whose

activities are subject to the regulations.

Final § 3715.0–5 defines the term

‘‘mining laws’’ to mean, in pertinent

part, ‘‘all laws that apply to hardrock

mining on public lands and which make

public lands available for hardrock

mineral development. This includes, but

is not limited to, the general authorities

relating to hardrock mining or to the

public lands on which this rule is based

and case law which interprets those

authorities.’’ (Emphasis added.) Since

the final rule became effective, BLM has

learned from its field staff that use of the

undefined terms, ‘‘hardrock mining’’

and ‘‘hardrock mineral development’’ in

the definition of ‘‘mining laws’’ is

causing confusion among some people

whose activities are subject to the

regulations. These people are arguing

that BLM used these terms to exclude

activities associated with mining of

placer claims from the scope of these

regulations. BLM does not agree with

this position. Final § 3715.0–1 states in

pertinent part that, ‘‘The purpose of this

subpart is to manage the use and

occupancy of the public lands for the

development of locatable mineral

deposits by limiting such use or

occupancy to that which is reasonably

incident. (Emphasis added.) It is well

settled that the framework for locating

valuable mineral deposits set up by the

mining laws applies to claims both to

minerals in veins or lodes (hardrock)

and to minerals in alluvial, glacial, or

marine deposits (placer). See 30 U.S.C.

23 and 35 respectively. However, to

alleviate any possible confusion, both

now and in the future, BLM is removing

the undefined ‘‘hardrock’’ phrases and

replacing them with phrases

incorporating the concept of locatable

minerals. This action will ensure

consistency between the purpose and

definitions sections and eliminate any

confusion over the scope of the

regulations.

The final rule also contains a

provision that describes the four kinds

of enforcement actions BLM can take if

an occupant of an unpatented mining
59822 Federal Register / Vol. 62, No. 214 / Wednesday, November 5, 1997 / Rules and Regulations

claim does not meet the requirements of

the use and occupancy regulations. See

43 CFR 3715.7–1.

Paragraph (a)(2) of the cited section

provides, in pertinent part, that BLM

may order an immediate, temporary

suspension of a use or occupancy if

necessary to protect health, safety, or

the environment. Paragraph (a)(2)(ii)

specifies that failure to meet any of the

standards in 43 CFR 3715.3–1(b) or

3715.5(b), (c), or (d) will result in a

presumption that a risk to health, safety,

or the environment exists and issuance

of an immediate, temporary suspension.

(Emphasis added.). See 61 FR 37129,

third column. The reference to 43 CFR

3715.5(d) is incorrect. The reference

should be to 43 CFR 3715.5(e). The

preamble to final section 3715.7–1

contains the same error. See 61 FR

37123, third column, third paragraph.

The effect of this correction is to

provide that if a permanent or

temporary structure placed on public

lands fails to conform with the

applicable State or local building, fire,

or electrical codes; occupational safety

and health standards; or mine safety

standards, BLM will presume that

health, safety, or the environment is at

risk and will order the user or occupant

of the structure to immediately suspend

use or occupancy.

Under the Administrative Procedure

Act, an agency does not have to issue a

notice of proposed rulemaking when the

agency for good cause finds that notice

and public procedure are

‘‘impracticable, unnecessary, or contrary

to the public interest.’’ See 5 U.S.C.

553(b). Because the amendments

adopted today are technical corrections

to clarify the applicability of the final

rule, BLM finds that publishing the

amendments for comment would be

unnecessary. BLM adopted the rules

being amended after notice and the

opportunity for public comment. The

proposed rule did not contain the crossreference error. See proposed

§ 3715.6(b) (57 FR 41846, Sept. 11,

1992). The changes are responsive to

concerns raised with BLM relating to

ambiguity in the current language of the

rules created by use of the undefined

‘‘hardrock’’ phrases and the erroneous

cross reference. If BLM delayed making

these changes so as to allow notice and

the opportunity for comment, there is

the danger of confusion regarding the

applicability of regulations and the type

of enforcement action BLM will take if

a person fails to comply with State and

local building, fire, and electrical codes;

occupational safety and health

standards; or mine safety standards for

permanent and temporary structures

placed on public lands.

Under the Administrative Procedure

Act, an agency must publish a

substantive rule not less than 30 days

before its effective date, except as

otherwise provided by the agency for

good cause. See 5 U.S.C. 553(d). For the

same reasons described above with

respect to notice and opportunity for

comment, BLM finds that there is good

cause for having these correcting

amendments become effective

immediately on publication in the

Federal Register.

List of Subjects in 43 CFR Part 3710

Administrative practice and

procedure, Mines, Public lands-mineral

resources.

Dated: October 28, 1997.

Sylvia V. Baca,

Deputy Assistant Secretary, Land and

Minerals Management.

Accordingly, BLM is correcting 43

CFR 3710 by making the following

correcting amendments:

PART 3710—PUBLIC LAW 167; ACT

OF JULY 23, 1955

Subpart 3715—Use and Occupancy

under the Mining Laws

1. The authority citation for subpart

3715 continues to read as follows:

Authority: 18 U.S.C. 1001, 3571 et seq.; 30

U.S.C. 22, 42, 612; and 43 U.S.C. 1061 et seq.,

1201, 1457, 1732(b) and (c), 1733(a) and (g).

2. In § 3715.0–5, revise the definition

of ‘‘Mining laws’’ to read as follows:

§ 3715.0–5 How are certain terms in this

subpart defined?

* * * * *

Mining laws means all laws that apply

to mining of locatable minerals on

public lands and which make public

lands available for development of

locatable minerals. This includes, but is

not limited to, the general authorities

relating to mining of locatable minerals

or to the public lands on which this

subpart is based and case law which

interprets those authorities.

* * * * *

3. In § 3715.7–1, revise paragraph

(a)(2)(ii) to read as follows:

§ 3715.7–1 What types of enforcement

action can BLM take if I do not meet the

requirements of this subpart?

(a) * * *

(2) * * *

(ii) You fail at any time to meet any

of the standards in § 3715.3–1(b) or

§ 3715.5(b), (c), or (e).

* * * * *

[FR Doc. 97–29281 Filed 11–4–97; 8:45 am]

BILLING CODE 4310–84–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 1

[MD Docket No. 96–186; FCC 97–384]

Assessment and Collection of

Regulatory Fees for Fiscal Year 1997

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission is revising

its collection procedures for regulatory

fees in order to help assure increased

accuracy and timeliness of regulatory

fee payments. First, permittees,

licensees or other entities subject to a

regulatory fee and claiming an

exemption from regulatory fees based

upon its status as a nonprofit entity,

shall make a one-time filing with the

Secretary of the Commission written

documentation establishing the basis for

its exemption with 60 days of its coming

under the regulatory jurisdiction of the

Commission or at the time its fee

payment would otherwise be due,

whichever is sooner, or at such other

time as required by the Managing

Director. Second, for-profit purchasers

or assignees of licenses, stations or

facilities previously owned by nonprofit entities not subject to regulatory

fees must notify the Secretary of the

Commission of such purchase or

reassignment within 60 days of the

effective date of the purchase or

assignment. Third, the Commission is

requiring licensees of Commercial

Mobile Radio Service (CMRS) stations to

retain for two years, and submit to the

Commission upon request,

documentation used in calculating their

fee payments. Finally, the Commission

is delegating authority to the Managing

Director to publish annually in the

Federal Register lists of those

commercial communications firms and

businesses for commercial purposes that

have paid a regulatory fee for the

preceding fiscal year.

EFFECTIVE DATE: November 5, 1997.

ADDRESSES: Federal Communications

Commission, Room 222, 1919 M Street,

N.W., Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT:

Regina W. Dorsey, Chief, Billings &

Collections Branch, (202) 418–1995.

SUPPLEMENTARY INFORMATION:

1. In the Further Notice of Proposed

Rulemaking in this proceeding, the

Commission proposed to adopt several

new procedures in order to more

efficiently and equitably collect the

annual regulatory fees required by