52916 Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005 / Rules and Regulations 

of the ISO 9001–2000 certification or 

certification of compliance with an 

equivalent program of quality management 

that covers the processes described in this 

section of the requirements. 

(16) Conversion of NOAA ENC files to 

other formats (995.26(a)(1)). Value Added 

Distributor asserts that all NOAA ENC

content and accuracy are preserved during 

the conversion process as described in this 

section of the requirements. 

(17) Conversion of NOAA ENC files to 

other formats/software certification 

(995.26(a)(2)). Value Added Distributor shall 

provide a copy of the type approval 

certificate for the software used to convert 

the NOAA ENC files to the Value Added 

Distributor’s format. 

(18) Conversion of NOAA ENC files to 

other formats/error reporting (995.26(a)(3)). 

Value Added Distributor asserts that they 

shall log and report any errors in the NOAA 

ENC data detected during the conversion 

process. Value Added Distributor shall 

provide an example of the report format that 

they will use. 

(19) Conversion of NOAA ENC files to 

other formats/format check (995.26(a)(4)). 

Value Added Distributor asserts that all data 

shall be checked for conformance with Value 

Added Distributor’s own format 

specifications and shall test load the 

converted data as described in this section of 

the requirements. 

(20) Format validation software testing 

(995.27). The validation software used by 

Value Added Distributor shall be tested 

according to this requirement and the results 

stated in this section of the request for 

certification. 

(21) Use of NOAA emblem (995.28). Value 

Added Distributor acknowledges that a 

separate request for the use of the NOAA 

emblem must be submitted according to the 

procedure described in this requirement. 

(22) Limitation on endorsements (995.29). 

Value Added Distributor acknowledges that 

NOAA does not automatically, directly, or 

indirectly endorse any product or service 

provided, or to be provided, by Value Added 

Distributor, its successors, assignees, or 

licensees. Value Added Distributor shall not 

in any way imply that this certification is an 

endorsement of any such product or service 

without separate, written permission. 

(23) Liability (995.7). By signing this 

request for certification, Value Added 

Distributor pledges to indemnify and hold 

harmless the U.S. Government for any loss, 

claim, damage, or liability of any kind, the 

extent caused by the negligence of Value 

Added Distributor or its employees, arising 

out of the use by the Value Added 

Distributor, or any party acting on its behalf 

or under its authorization, of NOAA ENC 

data. 

Signature of this request constitutes an 

acknowledgement by Value Added 

Distributor of ALL applicable terms and 

conditions described in the certification 

requirements. 

Signed: lllllllllllllllll

Title: llllllllllllllllll

Date: llllllllllllllllll

Dated: August 9, 2005. 

Richard W. Spinrad, 

Assistant Administrator for Ocean Services 

and Coastal Zone Management, National 

Oceanic and Atmospheric Administration. 

[FR Doc. 05–16033 Filed 9–2–05; 8:45 am] 

BILLING CODE 3510–JE–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 938 

[PA–124–FOR] 

Pennsylvania Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement (OSM), 

Interior. 

ACTION: Final rule; clarification. 

SUMMARY: The Office of Surface Mining 

Reclamation and Enforcement (OSM) is 

clarifying its decision with respect to 

one section of an amendment to the 

Pennsylvania regulatory program 

(Pennsylvania program) under the 

Surface Mining Control and 

Reclamation Act of 1977 (SMCRA). The 

amendment concerned revisions to the 

Pennsylvania Surface Mining 

Conservation and Reclamation Act 

(PASMCRA) and implementing 

regulations at 25 Pa. Code Chapters 86–

90 with regard to various issues 

including bonding, remining and 

reclamation, postmining discharges, and 

water supply protection/replacement. 

We approved this amendment, with 

certain exceptions, in a final rule 

published in the Federal Register on 

May 13, 2005 (70 FR 25472–25491). 

This clarification supplements a 

previous finding made in Section III. 

OSM’s Findings. However, it does not 

change or otherwise affect our decision 

made in Section V. OSM’s Decision. 

EFFECTIVE DATE: September 6, 2005. 

FOR FURTHER INFORMATION CONTACT: 

George Rieger, Director, Pittsburgh Field 

Division, Telephone: (717) 782–4036, 

e-mail: grieger@osmre.gov. 

SUPPLEMENTARY INFORMATION: In our 

May 13, 2005, decision, we approved, 

among other provisions, Section 4(g)(3) 

of PASMCRA, pertaining to Stage 3 

bond release (70 FR at 25491). Our 

finding with respect to Section 4(g)(3) is 

on page 25474, Col. 2, the first complete 

paragraph and the ensuing three 

paragraphs. After publication, a member 

of the public pointed out a possible 

ambiguity with respect to our finding in 

support of approving the phrase, ‘‘the 

remaining portion of the bond could be 

released in whole or in part at Stage 3 

when the operator has completed 

successfully all mining and reclamation 

activities and has made provisions with 

PADEP for the sound future treatment of 

any pollutional discharges.’’

Accordingly, we decided to clarify our 

finding in support of the decision in this 

regard. This clarification is limited to an 

expansion of this finding only, and does 

not change or otherwise affect our 

decision to aprove Section 4(g)(3). We 

are expanding the finding related to 

Section 4(g)(3) to read: 

* * * * * 

PASMCRA 

* * * * * 

Section 4(g)(3) was modified to 

expressly indicate that the remaining 

portion of the bond could be released in 

whole or part at Stage 3 when the 

operator has completed successfully all 

mining and reclamation activities and 

has made provisions with PADEP for 

the sound future treatment of any 

pollutional discharges. That portion of 

the permit required for post-mining 

water treatment remains under bond as 

part of the provisions for future 

treatment of any pollutional discharges. 

Therefore, this is a form of partial bond 

release as provided for in 30 CFR 

800.40(c) and can be approved. 

The Federal regulations do not allow 

full bond release until all requirements 

of the State program and the permit 

have been met. However, Pennsylvania 

has made clear in its comments on this 

amendment that the reference to the 

‘‘whole’’ bond that can be released 

actually refers to the original bond. That 

original, standard bond can be fully 

released at Stage 3 where it is replaced 

by another approved financial 

instrument, such as a trust fund as a 

collateral bond that will fully secure the 

long-term water treatment obligation. 

This method, which uses a collateral 

bond, is the ‘‘provision’’ for ‘‘sound 

future of any pollutional discharges.’’

Additionally, Pennsylvania’s 

regulations at 25 Pa. Code 86.151(j), 

which provides that release of bonds 

does not alleviate the operator’s 

responsibility to treat discharge of mine 

drainage emanating from, or 

hydrologically connected to, the site to 

the standards in the permit, PASMCRA, 

the Clean Stream Law, the Federal 

Water Pollution Control Act (or Clean 

Water Act) and the rules and regulations 

thereunder, provides guidance as to 

what qualifies as sound future 

treatment. Based upon Pennsylvania’s 

clarification about long term financial 

assurance, we construe the references to 

‘‘release of bonds’’ in section 86.151(j) 

to mean the release of the original bond, 

Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005 / Rules and Regulations 52917 

that is replaced by another bond, 

whether it be a trust fund or other 

financial instrument used as a collateral 

bond, that will cover the area and cost 

of treatment facilities. Therefore, to the 

extent that the reference in section 

4(g)(3) to release of the ‘‘whole’’ bond 

means the original bond that is replaced 

by the new bond in the form of another 

financial assurance mechanism, that 

reference is approved. 

Section 4(g)(3) was also amended by 

deleting bond release language 

applicable to noncoal surface mining 

operations. Since SMCRA contains no 

counterpart to this language, the 

deletion of the language does not render 

the Pennsylvania program inconsistent 

with SMCRA or the implementing 

Federal regulations. 

For the above noted reasons, we are 

approving the amendments to Section 

4(g)(3). 

Dated: July 14, 2005. 

Brent Wahlquist, 

Regional Director, Appalachian Region. 

[FR Doc. 05–17613 Filed 9–2–05; 8:45 am] 

BILLING CODE 4310–05–M 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD01–05–081] 

RIN 1625–AA09 

Drawbridge Operation 

Regulations:Townsend Gut, ME 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

temporarily changing the drawbridge 

operation regulations for the operation 

of the SR 27 Bridge, at mile 0.7, across 

Townsend Gut, between Boothbay 

Harbor and Southport, Maine. This 

temporary rule allows the bridge to 

open at specific times between 6 a.m. 

and 8 p.m., after a half-hour advance 

notice is given. Additionally, this 

temporary rule allows the bridge to 

remain closed for nine days, September 

19, 2005 through September 27, 2005. 

This action is necessary to help 

facilitate rehabilitation construction and 

painting at the bridge. 

DATES: This rule is effective from 

September 6, 2005 through November 

30, 2005. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, are part of 

docket (CGD01–05–081) and are 

available for inspection or copying at 

the First Coast Guard District, Bridge 

Branch Office, 408 Atlantic Avenue, 

Boston, Massachusetts, 02110, between 

7 a.m. and 3 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

John W. McDonald, Project Officer, First 

Coast Guard District, (617) 223–8364. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(3), the 

Coast Guard finds that good cause exists 

for not publishing an NPRM. 

Additionally, under 5 U.S.C. 553(b)(B), 

the Coast Guard finds that good cause 

exists for making this temporary final 

rule effective less than 30 days after 

publication in the Federal Register. The 

Coast Guard believes that not publishing 

an NPRM and making this final rule 

effective less than 30 days after 

publication is necessary for the reasons 

discussed below, coupled with the fact 

that the bridge rehabilitation is 

necessary, vital work that must be 

performed in order to assure the 

continued, safe, and reliable operation 

of the bridge. Any delay in the 

implementation of this regulation would 

not be in the best interest of the public 

and public safety. 

On January 5, 2005, we published a 

notice of proposed rulemaking (NPRM) 

entitled Drawbridge Operation 

Regulations, Townsend Gut, Maine, in 

the Federal Register (70 FR 773). We 

received no comments in response to 

the notice of proposed rulemaking. No 

public hearing was requested and none 

was held. Then, on March 16, 2005, we 

published a temporary final rule (TFR) 

entitled Drawbridge Operation 

Regulations, Townsend Gut, Maine, in 

the Federal Register (70 FR 12805) 

which suspended the existing 

regulations and put in place temporary 

rules effective until November 30, 2005. 

On July 23, 2005, the bridge owner 

requested additional regulatory action to 

help facilitate the timely completion of 

the bridge painting aspect of this 

project. The contractor’s progress would 

not allow completion of the project on 

time before the winter months, which 

require painting operations to stop due 

to cold temperatures. As a result, the 

bridge owner requested that the bridge 

remain closed at night from 8 p.m. 

through 6 a.m. to allow the contractor 

uninterrupted time to complete the 

bridge repairs and painting. However, 

before we could publish the requested 

change to the temporary regulation the 

bridge owner again changed their 

request. The bridge owner advised the 

Coast Guard that the night closure plan 

would not work due to known adverse 

public response to nighttime operations. 

As a result of the late notice from the 

bridge owner and the necessity to 

complete vital repairs, the Coast Guard 

is now revising the current rules to 

allow the bridge to open less frequently 

during the daytime. 

Background and Purpose 

The SR 27 Bridge has a vertical 

clearance of 10 feet at mean high water, 

and 19 feet at mean low water in the 

closed position. The permanent 

drawbridge operating regulations at 33 

CFR 117.5, which were suspended from 

March 14, 2005 through November 30, 

2005, require the bridge to open on 

signal at all times. 

On January 5, 2005, we published a 

notice of proposed rulemaking (NPRM) 

entitled Drawbridge Operation 

Regulations, Townsend Gut, Maine, in 

the Federal Register (70 FR 773). We 

received no comments in response to 

the notice of proposed rulemaking. No 

public hearing was requested and none 

was held. 

On March 16, 2005, we published a 

temporary final rule (TFR) entitled 

Drawbridge Operation Regulations, 

Townsend Gut, Maine, in the Federal 

Register (70 FR 12805). 

On July 23, 2005, the bridge owner 

requested additional regulatory action to 

help facilitate the timely completion of 

the bridge painting portion of this 

project. The contractor’s progress would 

not allow completion of the project 

before the winter months when painting 

operations are not possible due to cold 

temperatures. As a result, the Coast 

Guard is revising the current temporary 

rules to allow the bridge to open less 

frequently during the daytime. A halfhour advance notice will be required to 

allow the construction workers 

sufficient time to clear the bridge before 

each bridge opening. Under this 

temporary rule the bridge will open 

during the daytime at 6 a.m., 12 p.m., 

6 p.m. and 8 p.m., after a half-hour 

notice is given by calling the number 

posted at the bridge. At all other times 

from 8 p.m. until 6 a.m., the bridge will 

open on signal. 

In order to facilitate necessary repairs, 

the bridge owner requested a nine-day 

bridge closure from September 19, 2005 

through September 27, 2005. Therefore, 

in addition to the 4 closure periods 

identified in the March 16, 2005 

temporary final rule, which have 

already occurred, the bridge will be 

closed from September 19, 2005 through