Federal Register / Vol. 77, No. 145 / Friday, July 27, 2012 / Rules and Regulations 44155 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Section 180.1195 is revised to read 

as follows: 

§ 180.1195 Titanium dioxide. 

Titanium dioxide (CAS Reg. No. 

13463–67–7) is exempted from the 

requirement of a tolerance for residues 

in or on growing crops, when used as an 

inert ingredient (UV protectant) in 

microencapsulated formulations of the 

insecticide lambda cyhalothrin at no 

more than 3.0% by weight of the 

formulation and as an inert ingredient 

(UV-stabilizer) at no more than 5% in 

pesticide formulations containing the 

active ingredient napropamide. 

[FR Doc. 2012–18374 Filed 7–26–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 3830 

[WO–620–1990–00–24 1A] 

RIN 1004–AE27 

Administration of Mining Claims and 

Sites 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Interim final rule. 

SUMMARY: The Bureau of Land 

Management (BLM) is issuing this rule 

to amend regulations on locating, 

recording, and maintaining mining 

claims or sites. In this rule, the BLM 

amends its regulations to respond to a 

recent law that changes the way the 

maintenance fee is calculated for 

unpatented placer mining claims. The 

law specifies that the holder of an 

unpatented placer mining claim must 

pay the initial and annual maintenance 

fee for each 20 acres or portion thereof 

contained in the claim; and reiterates 

that an initial maintenance fee payment 

is due at the time of recording the claim 

with the BLM and that the annual 

maintenance fee is due on or before 

September 1 of each year. 

DATES: The interim final rule is effective 

July 27, 2012. If you wish to comment 

on the interim final rule, you should 

submit your comments by September 

25, 2012. 

ADDRESSES: Mail: Director (630), Bureau 

of Land Management, U.S. Department 

of the Interior, 1849 C St. NW., 

Washington, DC 20240, Attention: 

1004–AE27. 

Personal or messenger delivery: U.S. 

Department of the Interior, Bureau of 

Land Management, 20 M St. SE., Room 

2134LM, Attention: Regulatory Affairs, 

Washington, DC 20003. 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions at this Web site. 

FOR FURTHER INFORMATION CONTACT: 

Sonia Santillan at 202–912–7123, in the 

Solid Minerals Group as to program 

matters or the substance of the interim 

final rule or Ian Senio in the Division of 

Regulatory Affairs at 202–912–7440 for 

information relating to the rulemaking 

process generally. Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877– 

8339, 24 hours a day, 7 days a week to 

contact the above individuals. 

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures 

II. Background 

III. Discussion of Interim Final Rule 

IV. Procedural Matters 

I. Public Comment Procedures 

If you wish to comment, you may 

submit your comments by one of several 

methods: 

You may mail comments to Director 

(630), Bureau of Land Management, U.S. 

Department of the Interior, 1849 C St. 

NW., Washington, DC 20240, Attention: 

1004–AE27; 

You may deliver comments to U.S. 

Department of the Interior, Bureau of 

Land Management, 20 M St. SE., Room 

2134LM, Attention: Regulatory Affairs, 

Washington, DC 20003; or 

You may access and comment on the 

interim final rule at the Federal 

eRulemaking Portal by following the 

instructions at that site (see ADDRESSES). 

Written comments on the interim 

final rule should be specific, should be 

confined to issues pertinent to the 

interim final rule, and should explain 

the reason for any recommended 

change. Where possible, comments 

should reference the specific section or 

paragraph of the proposal which the 

commenter is addressing. 

The BLM need not consider, or 

include in the administrative record for 

the final rule, comments that the BLM 

receives after September 25, 2012 or 

comments delivered to an address other 

than those listed above. 

Public Availability of Comments 

Comments, including names, street 

addresses, and other contact 

information of respondents, will be 

available for public review at BLM’s 

offices at the U.S. Department of the 

Interior, Bureau of Land Management, 

20 M St. SE., Room 2134LM, 

Washington, DC 20003, during regular 

business hours (7:45 a.m. to 4:15 p.m.), 

Monday through Friday, except Federal 

holidays. They will also be available at 

the Federal eRulemaking Portal http:// 

www.regulations.gov. Follow the 

instructions at this Web site. 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment, including your 

personal identifying information, may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

II. Background 

The BLM has responsibility for the 

collection of fees for placer and lode 

mining claims and mill and tunnel sites 

on Federal lands. During fiscal year (FY) 

2011, claimants recorded 58,775 new 

claims and sites with the BLM. In 

addition, the BLM processed 

maintenance fee payments for 375,958 

claims and sites. The BLM deposits the 

collected fees into a special fund, and 

Congress appropriates money to the 

BLM from the fund to pay for the 

administration of the Mining Law 

program, which includes mining claim 

recording and fee collection, processing 

grandfathered patent applications, 

processing applications for plans of 

operations, inspecting operations, and 

enforcing the regulations. 

Since 1992, Congress has passed 

several laws requiring claimants to pay 

various fees when locating, recording, 

and maintaining mining claims or sites 

on Federal lands. This rule implements 

Section 430 of the Consolidated 

Appropriations Act, 2012 (the FY2012 

Appropriations Act), Public Law 112– 

74, 125 Stat. 786, enacted on December 

23, 2011, which amended 30 U.S.C. 28f. 

III. Discussion of Interim Final Rule 

Why the Rule Is Being Published on an 

Interim Final Basis 

The BLM is adopting this interim 

final rule solely to implement the 

requirements of Section 430 of the 

FY2012 Appropriations Act, which 

amended 30 U.S.C. 28f. The BLM is not 

making any other changes to the 

regulations at 43 CFR part 3830. 

The Department of the Interior for 

good cause finds under 5 U.S.C. 

553(b)(3)(B) that notice and public 

procedure for this rule are unnecessary 

and that this rule may properly take 

effect upon publication. The reasons are 

as follows: 

• This rule merely codifies statutorily 

imposed procedural changes; 


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44156 Federal Register / Vol. 77, No. 145 / Friday, July 27, 2012 / Rules and Regulations 

• The law precludes the BLM from 

exercising discretion as to the level of 

fees or when they are due; 

• Publishing the regulations in final 

form gives the public notification of the 

change so that placer mining claim 

holders can correctly calculate the 

amount of the maintenance fee based on 

the acreage in their existing placer 

mining claims or when they locate new 

placer mining claims; and 

• Publishing the regulations in final 

form gives time to placer mining claim 

holders whose claims are greater than 

20 acres to reduce the size of their 

claims before September 1, 2012, if they 

do not wish to pay the adjusted fees. 

The Department also determines that 

the exceptions under 5 U.S.C. 553(d) 

apply and there is good cause to place 

the rule into effect on the date of 

publication. First, the matters addressed 

in the rule are statutorily required. 

Second, the payments this rule affects 

are payable to the BLM at the time of 

initial recording and annually 

thereafter. Because claims and sites are 

continuously being recorded with the 

BLM, this interim final rule serves as 

notification to all placer mining claim 

holders that they must begin paying the 

newly established fees upon 

recordation. 

How the Rule Operates 

Under previous law, initial and 

annual maintenance fee payments were 

the same amount for all placer claims, 

whether the placer mining claim was 20 

acres or 160 acres (the maximum size 

allowed). This interim final rule 

specifies that for placer mining claims 

greater than 20 acres in size, the 

claimant must pay an additional fee for 

each 20 acres or portion thereof. 

The fees under this rule are due for all 

existing placer mining claims, starting 

with the maintenance fee payment due 

on or before September 1, 2012, for the 

2013 assessment year. For new placer 

mining claims, the rule is effective 

immediately and the fees under this rule 

are due when the placer claim is first 

recorded with the BLM as well as 

annually thereafter on or before 

September 1. For example, under this 

regulation, a claimant who records a 

new 66-acre placer mining claim must 

pay an initial maintenance fee of $560 

($140 for each of the first three 20-acre 

portions of the claim, plus $140 for the 

additional 6-acre portion thereof), as 

well as the $34 location fee (see 43 CFR 

3830.21(a)(2)), and $15 processing fee 

(see 43 CFR 3000.12), for a total of $609. 

Each year, the annual maintenance fee 

for this hypothetical 66-acre placer 

claim would be $560. 

IV. Procedural Matters 

Regulatory Planning and Review 

(Executive Order 12866 and Executive 

Order 13563) 

Executive Order 12866 provides that 

the Office of Information and Regulatory 

Affairs (OIRA) will review all significant 

rules. This interim final rule will not 

meet any of Executive Order 12866 

criteria for significance as follows: 

(a) This rule will not have an effect of 

$100 million or more on the economy. 

It will not adversely affect in a material 

way the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local, 

or tribal governments or communities. 

The economic analysis accompanying 

this rule indicates that the increase in 

fees for placer mining claims in excess 

of 20 acres will be approximately $8 

million per year. The BLM makes this 

estimate on the basis of approximately 

35,000 placer mining claims for which 

claimants paid maintenance fees at the 

end of FY 2011. Of these, approximately 

21,000 placer mining claims exceeded 

20 acres. 

(b) This rule will not create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency. This rule only impacts 

the BLM’s regulatory program by 

implementing a law that gives the BLM 

no discretion as to how to apply new 

fees for placer mining claims and will 

not affect actions taken or planned by 

another agency. 

(c) This rule does not alter the 

budgetary effects of entitlements, grants, 

user fees, or loan programs or the rights 

or obligations of their recipients. 

(d) This rule does not raise novel legal 

or policy issues. The rule simply 

implements a statute requiring fees for 

placer mining claims. 

Executive Order 13563 reaffirms the 

principles of Executive Order 12866 

while calling for improvements in the 

nation’s regulatory system to promote 

predictability, to reduce uncertainty, 

and to use the best, most innovative, 

and least burdensome tools for 

achieving regulatory ends. The 

executive order directs agencies to 

consider regulatory approaches that 

reduce burdens and maintain flexibility 

and freedom of choice for the public 

where these approaches are relevant, 

feasible, and consistent with regulatory 

objectives. Executive Order 13563 

emphasizes further that regulations 

must be based on the best available 

science and that the rulemaking process 

must allow for public participation and 

an open exchange of ideas. This interim 

final rule has been developed in a 

manner consistent with these 

requirements. 

Regulatory Flexibility Act 

The BLM certifies that this interim 

final rule will not have a significant 

economic effect on a substantial number 

of small entities as defined under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). The rule will not have an 

impact because the fees paid by small 

entities will not change sufficiently to 

cause a significant economic impact. 

Using Internal Revenue Service data 

from 2008, the BLM estimates that the 

average placer claimant that will be 

affected by this rulemaking will pay an 

extra $800 annually. This amount 

equals about one per cent of a claimant’s 

average annual income in 2008, which 

was $77,311. Moreover, this rule does 

not change the small miner maintenance 

fee waiver program, which further 

reduces any potential impact on small 

miners. A final Regulatory Flexibility 

Analysis is not required, and a Small 

Entity Compliance Guide is not 

required. 

For the purposes of this section, a 

‘‘small entity’’ is an individual, limited 

partnership, or small company, at 

‘‘arm’s length’’ from the control of any 

parent companies, with fewer than 500 

employees or less than $5 million in 

revenue. This definition is consistent 

with Small Business Administration 

regulations at 13 CFR 121.201. Please 

see the economic analysis at the address 

in the ADDRESSES section of this rule for 

additional information. 

Small Business Regulatory Enforcement 

Fairness Act 

This interim final rule is not a major 

rule under 5 U.S.C. 804(2), the Small 

Business Regulatory Enforcement 

Fairness Act. 

• This rule does not have an annual 

effect on the economy of $100 million 

or more. The maintenance fee for placer 

mining claims is changing and will now 

be calculated based on the acreage of the 

claim. However, even with the 

additional maintenance fees collected 

for placer mining claims containing 

more than 20 acres, the annual effect on 

the economy will not meet or exceed 

$100 million. The total maintenance fee 

collected for placer mining claims that 

exceed 20 acres is being adjusted so that 

placer mining claims containing more 

acreage will bear a proportional amount 

of the administrative costs associated 

with the administration of all claims 

and sites; 

• This rule does not cause a major 

increase in costs or prices for 

consumers, individual industries, 

Federal, State, or local government 


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Federal Register / Vol. 77, No. 145 / Friday, July 27, 2012 / Rules and Regulations 44157 

agencies, or geographic regions. The 

changes implemented by this rule are 

likely to leave all other economic 

aspects of the BLM Mining Law program 

unaffected; and 

• This rule does not have significant 

adverse effects on competition, 

employment, investment, productivity, 

innovation, or the ability of U.S.-based 

enterprises to compete with foreignbased enterprises. 

Unfunded Mandates Reform Act 

In accordance with the Unfunded 

Mandates Reform Act (2 U.S.C. 1501 et 

seq.), the BLM finds that: 

• This interim final rule does not 

‘‘significantly or uniquely’’ affect small 

governments and does not impact small 

government entities in any regard. A 

Small Government Agency Plan is 

unnecessary. 

• This rule does not produce a 

Federal mandate of $100 million or 

greater in any year. 

The rule is not a ‘‘significant 

regulatory action’’ under the Unfunded 

Mandates Reform Act. The changes in 

this rule would not require anything of 

any non-Federal governmental entity. 

Executive Order 12630, Takings 

In accordance with Executive Order 

12630, the BLM finds that the rule does 

not have takings implications. A takings 

implication assessment is not required. 

This rule does not substantially change 

BLM policy. Nothing in this rule 

constitutes a taking. 

Executive Order 13132, Federalism 

In accordance with Executive Order 

12612, the BLM finds that this interim 

final rule does not have significant 

Federalism effects. A Federalism 

assessment is not required. This rule 

does not change the role of or 

responsibilities among Federal, State, 

and local governmental entities, nor 

does it relate to the structure and role 

of states or have direct, substantive, or 

significant effects on states. 

Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

In accordance with Executive Order 

13175, the BLM finds that this interim 

final rule does not include policies that 

have tribal implications. Because this 

rule does not make significant 

substantive changes in the regulations 

and does not specifically involve Indian 

reservation lands (which are closed to 

the operation of the Mining Law), the 

BLM finds that the rule will have no 

implications for Indians, Indian tribes, 

and tribal governments. 

Executive Order 12988, Civil Justice 

Reform 

In accordance with Executive Order 

12988, the BLM finds that this interim 

final rule does not unduly burden the 

judicial system, and therefore meets the 

requirements of sections 3(a) and 3(b)(2) 

of the Order. The BLM consulted with 

the Department of the Interior’s Office of 

the Solicitor throughout the drafting 

process. 

Paperwork Reduction Act 

The BLM has determined this interim 

final rule does not contain any new 

information collection requirements that 

the Office of Management and Budget 

(OMB) must approve under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). The OMB has 

approved the information collection 

requirements in the regulations under 

OMB control number 1004–0114 that 

pertain to the payment of mining claim 

recordation and maintenance fees. 

National Environmental Policy Act 

(NEPA) 

This interim final rule does not 

constitute a major Federal action 

significantly affecting the quality of the 

human environment. A detailed 

statement under the National 

Environmental Policy Act of 1969 

(NEPA) is not required because this rule 

is administrative in nature and is 

covered by a categorical exclusion. This 

rule will result in no new surface 

disturbing activities and therefore will 

have no effect on ecological or cultural 

resources. In promulgating this rule, the 

government is conducting routine and 

continuing government business of an 

administrative nature having limited 

context and intensity. Therefore, it is 

categorically excluded from 

environmental review under section 

102(2)(C) of NEPA, pursuant to 43 CFR 

46.205. The rule does not meet any of 

the extraordinary circumstances criteria 

for categorical exclusions listed at 43 

CFR 46.215. Under Council on 

Environmental Quality regulations (40 

CFR 1508.4) and the environmental 

policies and procedures of the 

Department, the term ‘‘categorical 

exclusion’’ means a category of actions 

which do not individually or 

cumulatively have a significant effect on 

the human environment and which 

have been found to have no such effect 

on procedures adopted by a Federal 

agency and for which, therefore, neither 

an environmental assessment nor an 

environmental impact statement is 

required. 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This interim final rule is not a 

significant energy action. It will not 

have an adverse effect on energy 

supplies. The rule pertains primarily to 

non-energy minerals, and does not 

impose requirements that are not 

statutory or impose new requirements. 

Clarity of This Regulation 

Executive Order 12866 requires each 

agency to write regulations that are 

simple and easy to understand. We 

invite your comments on how to make 

this interim final rule easier to 

understand, including answers to 

questions such as the following: 

1. Are the requirements in the 

regulations clearly stated? 

2. Do the regulations contain 

technical language or jargon that 

interferes with their clarity? 

3. Does the format of the regulations 

(grouping and order of sections, use of 

headings, paragraphing, etc.) aid or 

reduce their clarity? 

4. Would the regulations be easier to 

understand if they were divided into 

more (but shorter) sections? 

5. Is the description of the regulations 

in the SUPPLEMENTARY INFORMATION

section of this preamble helpful in 

understanding the proposed 

regulations? How could this description 

be more helpful in making the 

regulations easier to understand? 

Please send any comments you have 

on the clarity of the regulations to the 

address as specified in the ADDRESSES

section. 

Author 

The principal author of this interim 

final rule is Sonia Santillan in the Solid 

Minerals Group assisted by the Division 

of Regulatory Affairs, Washington 

Office, BLM. 

List of Subjects in 43 CFR Part 3830 

Mineral royalties; Mines; Public 

lands—mineral resources; Reporting 

and recordkeeping requirements. 

For the reasons stated in the preamble 

and under the authorities stated below, 

the BLM amends 43 CFR part 3830 as 

follows: 

PART 3830—LOCATING, RECORDING, 

AND MAINTAINING MINING CLAIMS 

OR SITES; GENERAL PROVISIONS 

■ 1. Revise the authority citation for part 

3830 to read as follows: 

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

22, 28, 28k, 242, 611; 31 U.S.C. 9701; 43 


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44158 Federal Register / Vol. 77, No. 145 / Friday, July 27, 2012 / Rules and Regulations 

U.S.C. 2, 1201, 1212, 1457, 1474, 1740, 1744; 

115 Stat. 414; Pub. L. 112–74, 125 Stat. 786. Subpart D—BLM Service Charge and 

Fee Requirements 

■ 2. Amend § 3830.21 by revising 

paragraphs (a) and (d) of the table to 

read as follows: 

§ 3830.21 What are the different types of 

service charges and fees? 

* * * * * 

Transaction Amount due per mining claim or site Waiver available 

(a) Recording a mining claim or site location (part 3833) A total sum which includes: 

(1) The processing fee for notices of location found 

in the fee schedule in § 3000.12 of this chapter; 

No. 

(2) A one-time $34 location fee; and 

(3)(i) For lode claims, mill sites and tunnel sites, an 

initial $140 maintenance fee; or 

(ii) For placer claims, an initial $140 maintenance fee for each 20 acres of the placer 

claim or portion thereof. 

* * * * * * * 

(d) Maintaining a mining claim or site for one assessment year (part 3834).(1) For lode claims, mill sites and tunnel sites, an annual maintenance fee of $140 must be paid on or before September 1 each year. Yes. See part 3835. 

(2) For placer claims, a $140 annual maintenance fee 

for each 20 acres of the placer claim or portion thereof must be paid on or before September 1 each year. 

* * * * * * * 

Marcilynn A. Burke, 

Acting Assistant Secretary, Land and 

Minerals Management. 

[FR Doc. 2012–18352 Filed 7–26–12; 8:45 am] 

BILLING CODE 4310–84–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

49 CFR Part 1002 

[Docket No. EP 542 (Sub-No. 20)] 

Fees for Services Performed in 

Connection With Licensing and 

Related Services—2012 Update 

AGENCY: Surface Transportation Board, 

DOT. 

ACTION: Final rules. 

SUMMARY: The Board adopts its 2012 

user-fee update and revises its fee 

schedule to reflect some increases to its 

full cost calculations, the result of no 

wage & salary increases given in January 

2012, no change to publication costs 

from their 2011 levels, coupled with 

both increases and decreases to the 

Board’s three overhead cost factors. 

DATES: This rule is effective August 26, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

David T. Groves, (202) 245–0327, or 

Barbara Saddler (202) 245–0362. [TDD 

for the hearing impaired: 1–800–877– 

8339.] 

SUPPLEMENTARY INFORMATION: The 

Board’s regulations at 49 CFR 1002.3 

provide for an annual update of the 

Board’s entire user-fee schedule. Fees 

are generally revised based on the cost 

study formula set forth at 49 CFR 

1002.3(d). The fee changes adopted 

here, reflect a combination of the 

unchanged wage and salary costs from 

the 2011 User Fee Update decision; no 

change in publication costs; plus 

changes to the three Board overhead 

cost factors (two increased & one 

decreased from their comparable 2011 

levels), resulting from the mechanical 

application of the update formula in 49 

CFR 1002.3(d). Results from the formula 

application indicate that justified fee 

amounts in this 2012 update decision 

either remain unchanged (61 fee or subfee items) or increase (64 fee or sub-fee 

items) from their respective 2011 update 

levels. No new fee items are proposed in 

this proceeding. Therefore, the Board 

finds that notice and comment are 

unnecessary for this proceeding. See 

Regulations Governing Fees For 

Services—1990 Update, 7 I.C.C.2d 3 

(1990); Regulations Governing Fees For 

Services—1991 Update, 8 I.C.C.2d 13 

(1991); and Regulations Governing Fees 

For Services—1993 Update, 9 I.C.C.2d 

855 (1993). 

The Board concludes that the fee 

changes adopted here will not have a 

significant economic impact on a 

substantial number of small entities 

because the Board’s regulations provide 

for waiver of filing fees for those entities 

that can make the required showing of 

financial hardship. 

Additional information is contained 

in the Board’s decision. To obtain a free 

copy of the full decision, visit the 

Board’s Web site at http:// 

www.stb.dot.gov or call the Board’s 

Information Officer at (202) 245–0245. 

[Assistance for the hearing impaired is 

available through Federal Information 

Relay Services (FIRS): (800) 877–8339.] 

List of Subjects in 49 CFR Part 1002 

Administrative practice and 

procedure, Common carriers, and 

Freedom of information. 

Decided: July 17, 2012. 

By the Board, Chairman Elliott, Vice 

Chairman Mulvey, and Commissioner 

Begeman. 

Jeffrey Herzig, 

Clearance Clerk. 

For the reasons set forth in the 

preamble, title 49, chapter X, part 1002, 

of the Code of Federal Regulations is 

amended as follows: 

PART 1002—FEES 

■ 1. The authority citation for part 1002 

continues to read as follows: 

Authority: 5 U.S.C. 552(a)(4)(A) and 553; 

31 U.S.C. 9701 and 49 U.S.C. 721(a). 

■ 2. In § 1002.2, paragraph (f) is revised 

as follows: 

§ 1002.2 Filing fees. 

* * * * * 

(f) Schedule of filing fees. 


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