52028 Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Rules and Regulations 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: August 16, 2005. 

Ann C. Agnew, 

Executive Secretary to the Department. 

[FR Doc. 05–17280 Filed 8–26–05; 10:10 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 3834 

[WO–620–1990–00–24 1A] 

RIN 1004–AD75 

Mining Claim and Site Maintenance 

and Location Fees—Fee Adjustment 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Interim rule. 

SUMMARY: The Bureau of Land 

Management (BLM) is publishing this 

interim rule to amend regulations found 

at 43 CFR part 3834, subpart B, related 

to adjustments of the fees required to be 

paid for mining claims and mill sites, so 

as to clarify that mining claimants may 

cure the filing of an insufficient 

payment of fees when the fees have 

changed through any means, including 

a Consumer Price Index (CPI) 

adjustment or other statutorily required 

adjustment. 

DATES: The interim rule is effective 

September 1, 2005. 

ADDRESSES: Inquiries may be addressed 

to the to Bureau of Land Management, 

Solid Minerals Group, Room 501 LS, 

1849 C Street, NW., Washington, DC 

20240–001. 

FOR FURTHER INFORMATION CONTACT: 

Roger Haskins in the Solid Minerals 

Group at (202) 452–0355. Persons who 

use a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service at 1–800–

877–8339, 24 hours a day, 7 days a 

week. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Discussion of the Interim Rule 

III. Procedural Matters 

I. Background 

On July 1, 2004, the Department of the 

Interior adjusted the location and 

maintenance fees for mining claims and 

sites based upon the CPI, as required by 

the Mining Law. See 69 FR 40294. The 

Department increased the location fee 

from $25 to $30 and increased the 

annual maintenance fee from $100 to 

$125. The Interior and Related Agencies 

Appropriations Act for fiscal year 2005, 

Division E, Title I, Section 120 of Public 

Law 108–447 of December 8, 2004, 

directed the Department of the Interior 

to roll back these location and 

maintenance fees for mining claims and 

sites to their pre-July 2004 level. This 

meant that, as of December 8, 2004, the 

location fee was rolled back from $30 to 

$25 per new location and the annual 

maintenance fee was rolled back from 

$125 to $100 per mining claim or site. 

However, the 2005 Appropriations 

Act also provided that the fees would 

return to their increased levels when the 

Department met certain conditions, 

including establishing a plan of 

operations tracking system and filing a 

report with Congress regarding the 

length of time it takes the Department to 

approve proposed mining plans of 

operations and recommending steps to 

reduce current delays. As described in 

the Federal Register on July 1, 2005 (70 

FR 38192) the Department met these 

conditions on June 30, 2005. Therefore, 

in accordance with the terms of the 

2005 Appropriations Act, the fees 

returned to the rates established in 2004 

on June 30, 2005. Mining claim holders 

must pay a $30 location fee and a $125 

maintenance fee for all mining claims 

and sites recorded on or after June 30, 

2005. In addition, the annual 

maintenance fee due on or before 

September 1, 2005, is $125 per mining 

claim or site. 

BLM noted in the July 1, 2005, 

Federal Register notice that the 

regulation at 43 CFR 3834.23(c) 

provides that, if a mining claimant 

timely pays pre-increase fees, the BLM 

will provide notice to the claimant and 

an opportunity to pay the difference. 

BLM noted that although the fee 

increase at issue in the July 1, 2005, 

Federal Register notice was not directly 

a CPI-based increase, the 2004 increase 

that has been restored was CPI-based. 

Therefore, BLM noted that it believed 

that the cure provisions of the rule will 

apply if a claimant timely pays at least 

$100 for a claim or site on or before 

September 1, 2005. However, the BLM 

noted that it would publish an 

additional rule before September 1, 

2005, further clarifying that mining 

claimants may cure the filing of an 

insufficient payment of fees when the 

fees have changed through any means, 

including a Consumer Price Index (CPI) 

adjustment or other statutorily required 

adjustment. The purpose of this interim 

rule is to amend the regulations found 

at 43 CFR part 3834, subpart B, to make 

this clarification. 

II. Discussion of the Interim Rule 

Why the Rule Is Being Published on a 

Interim Basis 

BLM is adopting this interim rule to 

clarify that mining claimants may cure 

the filing of an insufficient payment of 

fees when the fees have changed 

through means other than a CPI 

adjustment. The existing provision 

found at 43 CFR 3834.23(b) provides 

that, after BLM adjusts the fees to reflect 

a change in the CPI, as required by the 

Mining Law, claimants who pay the fees 

timely, but pay the pre-adjustment 

amount, will be given an opportunity to 

cure that insufficient payment. This rule 

will make this curing provision 

applicable whenever Congress enacts 

any other statutes that require an 

adjustment of the fees. 

The Department of the Interior, for 

good cause, finds under 5 U.S.C. 

553(b)(B) that notice and public 

procedure are unnecessary and contrary 

to the public interest. The clarification 

to the curing provision is a reasonable 

and equitable administrative way in 

which to handle fee adjustments and to 

avoid inadvertent loss of mining claims 

due to lack of actual notice of an 

adjustment. It is in the public interest to 

provide such equitable means for a 

mining claimant to be able to cure an 

underpayment of the fees when the 

claimant has shown an intent to 

maintain the claim by paying the preadjusted fee amount in a timely manner. 

This will avoid the disruption of mining 

operations that would be caused if the 

mining claimant unintentionally loses 

their mining claim or site due to a 

minimal underpayment of fees. 

We also determine under 5 U.S.C. 

553(d) that there is good cause to place 

the rule into effect on the date of 

publication, because a fee adjustment 

has already occurred and the deadline 

for filing the adjusted fees for all 

existing mining claims and sites is 

September 1, 2005. This rule will make 

it clear that the BLM will give any 

claimant who pays the pre-adjusted fee 

amount in a timely fashion an 

opportunity to pay the additional 

amount within 30 days. As such, it 

grants temporary exemption to the 

immediate forfeiture of a mining claim 

due to failure to timely pay fees. 

Organization of the Interim Rule 

This interim rule amends existing 

regulations at Subpart B of Part 3834. 

The existing regulations apply to fee 

adjustments made in accordance with 

the CPI, as required by the Mining Law. 

The amendment will apply to fee 

adjustments made in accordance with 

other statutes. 

Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Rules and Regulations 52029 

III. Procedural Matters 

Executive Order 12866, Regulatory 

Planning and Review 

In accordance with the criteria in 

Executive Order 12866, BLM has 

determined that this rule is not a 

significant regulatory action. The Office 

of Management and Budget (OMB) 

makes the final determination under 

Executive Order 12866. 

• The rule will not have an annual 

effect on the economy of $100 million 

or more or adversely affect in a material 

way the economy, a sector of the 

economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

governments or communities. The cure 

provision does not change the substance 

of current mining claim administration 

within BLM. 

• This rule will not create 

inconsistencies with other agencies’

actions. It does not change the 

relationships of BLM to other agencies 

and their actions. 

• This rule will not materially affect 

entitlements, grants, loan programs, or 

the rights and obligations of their 

recipients. The rule does not address 

any of these programs. 

• This rule will not raise novel legal 

or policy issues because it makes no 

major substantive changes in the 

regulations. The cure provision avoids 

any potential takings liability to BLM 

due to a fee adjustment beyond the 

control of the BLM. 

Regulatory Flexibility Act 

We certify that this 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 

have a minor impact because underpaid 

fees by small entities will be a curable 

defect. 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 accords with 

Small Business Administration 

regulations at 13 CFR 121.201. 

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: 

• Does not have an annual effect on 

the economy of $100 million or more. 

As explained in section I above, the 

revised regulations will not materially 

alter current BLM policy. The cure 

provision avoids any potential adverse 

effects on the economy. 

• Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. This rule may affect 

the cost to locate, record, or maintain a 

mining claim or site. 

• 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. 

Unfunded Mandates Reform Act 

In accordance with the Unfunded 

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

seq.): 

• This rule will not ‘‘significantly or 

uniquely’’ affect small governments. A 

Small Government Agency Plan is 

unnecessary. 

• This rule will not produce a Federal 

mandate of $100 million or greater in 

any year. It is not a ‘‘significant 

regulatory action’’ under the Unfunded 

Mandates Reform Act. The changes 

implemented in this rule do not require 

anything of any non-Federal 

governmental entity. 

Executive Order 12630, Takings 

In accordance with Executive Order 

12630, the rule does not have takings 

implications. A takings implication 

assessment is not required. Nothing in 

this rule constitutes a taking. This rule 

will avoid any takings liability that 

would otherwise arise by not making an 

underpayment curable. This rule does 

not substantially change BLM policy. 

Executive Order 12612, Federalism 

In accordance with Executive Order 

12612, BLM finds that the rule does not 

have significant Federalism effects. A 

Federalism assessment is not required. 

This rule does not change the role or 

responsibilities between 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 12988, Civil Justice 

Reform 

In accordance with Executive Order 

12988, BLM finds that the rule does not 

unduly burden the judicial system and 

therefore meets the requirements of 

sections 3(a) and 3(b)(2) of the Order. 

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 

rulemaking 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, which 

expires December 31, 2006. 

National Environmental Policy Act 

We have analyzed this rule in 

accordance with the criteria of the 

National Environmental Policy Act and 

318 DM 2.2(g) and 6.3(D). The amended 

cure provision in this rule is in response 

to an Act of Congress and allows mining 

claimants to cure their underpayment of 

fees that have been adjusted according 

to the CPI or an Act of Congress. The 

full effects of the rulemaking that this 

provision amends are discussed at 68 

FR 61063 and those conclusions are 

adopted here. Therefore, this rule is 

categorically excluded from the need to 

prepare an Environmental Analysis. 

Because this rule does not substantially 

change BLM’s overall management 

objectives or environmental compliance 

requirements, it would have no impact 

on, or only marginally affect, the 

following critical elements of the human 

environment as defined in Appendix 5 

of the BLM National Environmental 

Policy Act Handbook (H–1790–1): air 

quality, areas of critical environmental 

concern, cultural resources, Native 

American religious concerns, threatened 

or endangered species, hazardous or 

solid waste, water quality, prime and 

unique farmlands, wetlands, riparian 

zones, wild and scenic rivers, 

environmental justice, and wilderness. 

Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

In accordance with Executive Order 

13175, we have considered the impact 

of this rule on the interests of Tribal 

governments. Because Indian 

reservation lands are not available for 

the location of mining claims or sites, 

this rule does not specifically involve 

government-to-government 

relationships. These relationships will 

remain unaffected. 

52030 Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Rules and Regulations 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not a significant energy 

action. It will not have an adverse effect 

on energy supplies. To the extent that 

the rule affects the mining of energy 

minerals (i.e., uranium and other 

fissionable metals), the rule may save 

mining claims or sites that would 

otherwise be forfeited for the late 

payment of insufficient location and/or 

maintenance fees. It will not change 

financial obligations of the mining 

industry. 

Authors 

The principal author of this interim 

rule is Roger Haskins in the Solid 

Minerals Group, assisted by Frank 

Bruno in the Regulatory Affairs Group, 

Washington Office, BLM. 

List of Subjects in 43 CFR Part 3834 

Maintenance fees; mines; public 

lands—mineral resources; reporting and 

record keeping requirements. 

Dated: August 26, 2005. 

Chad Calvert, 

Acting Assistant Secretary, Land and 

Minerals Management. 

■ For the reasons stated in the preamble, 

and under the authority of sections 441 

and 2478 of the Revised Statutes, as 

amended (43 U.S.C. 1201 and 1457); 

and sections 2319 and 2324 of the 

Revised Statutes, as amended (30 U.S.C. 

22 and 28); part 3834, Group 3800, 

Subchapter C, Chapter II of Title 43 of 

the Code of Federal Regulations is 

amended as follows: 

PART 3834—REQUIRED FEES FOR 

MINING CLAIMS OR SITES 

■ 1. The authority citation for part 3834 

continues to read as follows: 

Authority: 30 U.S.C. 28f; 30 U.S.C. 242; 43 

U.S.C. 1201, 1740; 115 Stat 414. 

Subpart B—Fee Adjustment 

■ 2. Revise § 3834.21 to read as follows: 

§ 3834.21 How will BLM adjust the location 

and maintenance fees? 

BLM will adjust the location and 

maintenance fees at least every 5 years, 

based upon the CPI, as required by 30 

U.S.C. 28j(c), or at any other time as 

required by other statute. 

■ 3. Revise § 3834.23 to read as follows: 

§ 3834.23 When do I start paying the 

adjusted fees? 

(a) In the case of a CPI adjustment 

required by 30 U.S.C. 28j(c), you must 

pay the adjusted initial maintenance 

and location fees when you record a 

new mining claim or site located on or 

after the September 1 that immediately 

follows the date BLM published its 

notice about the adjustment. 

(b) In the case of adjustments required 

by other statute, you must pay the 

adjusted initial maintenance and 

location fees for a new mining claim or 

site as provided in the statute. 

(c) For previously recorded mining 

claims and sites, you must pay the CPIbased adjusted maintenance fee on or 

before the September 1 that immediately 

follows the date BLM published its 

notice about the adjustment. 

(d) Notwithstanding 43 CFR 

3830.91(a)(3) and 3830.96, in any year 

in which BLM adjusts the maintenance 

and location fees, if you pay the fees 

timely, but pay an amount based on the 

fee in effect immediately before the 

adjustment was made, BLM will send 

you a notice, as provided in § 3830.94, 

giving you 30 days in which to pay the 

additional amount required to meet the 

adjusted fees. If you do not pay the 

additional amount due within 30 days 

after the date you received the notice, 

you will forfeit the affected mining 

claims or sites. 

[FR Doc. 05–17534 Filed 8–31–05; 8:45 am] 

BILLING CODE 4310–84–P 

DEPARTMENT OF DEFENSE 

48 CFR Parts 225 and 252 

[DFARS Case 2004–D034] 

Defense Federal Acquisition 

Regulation Supplement; Restrictions 

on Totally Enclosed Lifeboat Survival 

Systems 

AGENCY: Department of Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to remove text addressing 

restrictions on the acquisition of totally 

enclosed lifeboat survival systems. The 

restrictions are based on fiscal year 1994 

and 1995 appropriations act provisions, 

that are no longer considered 

applicable, and other statutory 

provisions that apply only to the Navy. 

DATES: Effective September 1, 2005. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, Defense Acquisition 

Regulations Council, OUSD (AT&L) 

DPAP (DAR), IMD 3C132, 3062 Defense 

Pentagon, Washington, DC 20301–3062. 

Telephone (703) 602–0328; facsimile 

(703) 602–0350. Please cite DFARS Case 

2004–D034. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This final rule removes DFARS 

225.7008, Restrictions on totally 

enclosed lifeboat survival systems, and 

the corresponding contract clause at 

DFARS 252.225–7039. These 

restrictions implement Section 8124 of 

the Fiscal Year 1994 DoD 

Appropriations Act (Pub. L. 103–139), 

Section 8093 of the Fiscal Year 1995 

DoD Appropriations Act (Pub. L. 103–

335), and 10 U.S.C. 2534. The fiscal year 

1994 and 1995 appropriations act 

restrictions are no longer considered 

applicable. 10 U.S.C. 2534 applies to the 

acquisition of totally enclosed lifeboats 

that are components of naval vessels. 

Since this restriction impacts only the 

Navy, and 10 U.S.C. 2534(h) specifies 

that DoD may not use contract clauses 

or certifications, but must use 

management and oversight techniques, 

to implement this restriction, DFARS 

coverage for implementation of this 

restriction is considered unnecessary. 

DoD published a proposed rule at 70 

FR 14628 on March 23, 2005. DoD 

received no comments on the proposed 

rule. Therefore, DoD has adopted the 

proposed rule as a final rule without 

change. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD certifies that this final rule will 

not have a significant economic impact 

on a substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because the domestic source restrictions 

of 10 U.S.C. 2534 still apply to the 

acquisition of totally enclosed lifeboats 

that are components of naval vessels. 10 

U.S.C. 2534 requires that DoD acquire 

such lifeboats only if the manufacturer 

is part of the national technology and 

industrial base. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the rule does not 

contain any information collection 

requirements that require the approval 

of the Office of Management and Budget 

under 44 U.S.C. 3501, et seq.