67654 Federal Register / Vol. 70, No. 215 / Tuesday, November 8, 2005 / Proposed Rules 

analysis under section 202(a) of the 

Unfunded Mandates Reform Act of 1995 

is not required. 

VIII. Federalism 

FDA has analyzed this final rule in 

accordance with the principles set forth 

in Executive Order 13132. FDA has 

determined that the rule does not 

contain policies that have substantial 

direct effects on the States, on the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Accordingly, the 

agency has concluded that the rule does 

not contain policies that have 

federalism implications as defined in 

the Executive order and, consequently, 

a federalism summary impact statement 

is not required. 

IX. Paperwork Reduction Act of 1995 

FDA tentatively concludes that this 

proposed rule contains no collections of 

information. Therefore, clearance by the 

Office of Management and Budget 

(OMB) under the Paperwork Reduction 

Act of 1995 (the PRA) (44 U.S.C. 3501–

3520) is not required. 

FDA also tentatively concludes that 

the special controls guidance document 

does not contain new information 

collection provisions that are subject to 

review and clearance by OMB under the 

PRA. Elsewhere in this issue of the 

Federal Register, FDA is publishing a 

notice announcing the availability of the 

draft guidance document entitled ‘‘Class 

II Special Controls Guidance Document: 

Tinnitus Masker Devices.’’

X. Comments 

Interested persons may submit to the 

Division of Dockets Management (see 

ADDRESSES) written or electronic 

comments regarding this proposed rule. 

Submit a single copy of electronic 

comments to http://www.fda.gov/ 

dockets/ecomments or two paper copies 

of any written comments, except that 

individuals may submit one paper copy. 

Comments are to be identified with the 

docket number found in brackets in the 

heading of this document. Received 

comments may be seen in the Division 

of Dockets Management between 9 a.m. 

and 4 p.m., Monday through Friday. 

XI. Proposed Implementation Plan 

FDA proposes that any final 

regulation that may issue based on this 

proposal become effective 30 days after 

its date of publication in the Federal 

Register. Following the effective date of 

a final rule exempting the device, 

manufacturers of TMDs will need to 

address the issues covered in this 

special controls guidance. However, the 

manufacturer need only show that its 

device meets the recommendations of 

the guidance or in some other way 

provides equivalent assurances of safety 

and effectiveness. 

List of Subjects in 21 CFR Part 874 

Medical devices. 

■ Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs, it is proposed that 

21 CFR part 874 be amended as follows: 

PART 874—EAR, NOSE, AND THROAT 

DEVICES 

■ 1. The authority citation for 21 CFR 

part 874 continues to read as follows: 

Authority: 21 U.S.C. 351, 360, 360c, 360e, 

360j, 371. 

■ 2. Section 874.1 is amended by 

revising paragraph (e) to read as follows: 

§ 874.1 Scope. 

* * * * * 

(e) Guidance documents in this part 

may be obtained on the Internet at 

http://www.fda.gov/cdrh/guidance.html. 

■ 3. Section 874. 3400 is amended by 

revising paragraph (b) to read as follows: 

§ 874.3400 Tinnitus masker. 

* * * * * 

(b) Classification. Class II (special 

controls). The special control for these 

devices is FDA’s ‘‘Class II Special 

Controls Guidance Document: Tinnitus 

Masker Devices.’’

Dated: October 7, 2005. 

Linda S. Kahan, 

Deputy Director, Center for Devices and 

Radiological Health. 

[FR Doc. 05–22269 Filed 11–7–05; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 948 

[WV–108–FOR] 

West Virginia Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement (OSM), 

Interior. 

ACTION: Proposed rule; public comment 

period and opportunity for public 

hearing on proposed amendment. 

SUMMARY: We are announcing receipt of 

a proposed amendment to the West 

Virginia regulatory program (the West 

Virginia program) under the Surface 

Mining Control and Reclamation Act of 

1977 (SMCRA or the Act). West Virginia 

proposes to revise its Code of State 

Regulations (CSR) concerning surety 

bonds. The amendment is intended to 

provide the State with an alternative 

source of reliable financial information 

about the surety, and to allow sureties 

that are licensed and in good financial 

condition but are not currently listed 

with the U.S. Department of the 

Treasury as an acceptable surety of 

Federal bonds to provide surety bonds 

to the coal industry in West Virginia. 

The proposed amendment was 

authorized by the West Virginia 

Secretary of State as an emergency rule 

under the State’s Administrative 

Procedures Act. 

DATES: We will accept written 

comments on this amendment until 4 

p.m. (local time), on December 8, 2005. 

If requested, we will hold a public 

hearing on the amendment on December 

5, 2005. We will accept requests to 

speak at a hearing until 4 p.m. (local 

time), on November 23, 2005. 

ADDRESSES: You may submit comments, 

identified by WV–108–FOR, by any of 

the following methods: 

• E-mail: chfo@osmre.gov. Include 

WV–108–FOR in the subject line of the 

message; 

• Mail/Hand Delivery: Mr. Roger W. 

Calhoun, Director, Charleston Field 

Office, Office of Surface Mining 

Reclamation and Enforcement, 1027 

Virginia Street, East, Charleston, West 

Virginia 25301; or 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Instructions: All submissions received 

must include the agency docket number 

for this rulemaking. For detailed 

instructions on submitting comments 

and additional information on the 

rulemaking process, see the ‘‘Public 

Comment Procedures’’ heading in the 

SUPPLEMENTARY INFORMATION section of 

this document. You may also request to 

speak at a public hearing by any of the 

methods listed above or by contacting 

the individual listed under FOR FURTHER

INFORMATION CONTACT. 

Docket: You may review copies of the 

West Virginia program, this amendment, 

a listing of any scheduled public 

hearings, and all written comments 

received in response to this document at 

the addresses listed below during 

normal business hours, Monday through 

Friday, excluding holidays. You may 

also receive one free copy of this 

amendment by contacting OSM’s 

Charleston Field Office listed below. 

Mr. Roger W. Calhoun, Director, 

Charleston Field Office, Office of 

Federal Register / Vol. 70, No. 215 / Tuesday, November 8, 2005 / Proposed Rules 67655 

Surface Mining Reclamation and 

Enforcement, 1027 Virginia Street, East, 

Charleston, West Virginia 25301, 

Telephone: (304) 347–7158. E-mail: 

chfo@osmre.gov. 

West Virginia Department of 

Environmental Protection, 601 57th 

Street, SE, Charleston, WV 25304, 

Telephone: (304) 926–0490. 

In addition, you may review a copy of 

the amendment during regular business 

hours at the following locations: 

Office of Surface Mining Reclamation 

and Enforcement, Morgantown Area 

Office, 75 High Street, Room 229, P.O. 

Box 886, Morgantown, West Virginia 

26507, Telephone: (304) 291–4004. (By 

Appointment Only) 

Office of Surface Mining Reclamation 

and Enforcement, Beckley Area Office, 

313 Harper Park Drive, Suite 3, Beckley, 

West Virginia 25801, Telephone: (304) 

255–5265. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Roger W. Calhoun, Director, Charleston 

Field Office, Telephone: (304) 347–

7158. Internet: chfo@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the West Virginia Program 

II. Description of the Proposed Amendment 

III. Public Comment Procedures 

IV. Procedural Determinations 

I. Background on the West Virginia 

Program 

Section 503(a) of the Act permits a 

State to assume primacy for the 

regulation of surface coal mining and 

reclamation operations on non-Federal 

and non-Indian lands within its borders 

by demonstrating that its program 

includes, among other things, ‘‘* * * a 

State law which provides for the 

regulation of surface coal mining and 

reclamation operations in accordance 

with the requirements of the Act * * *; 

and rules and regulations consistent 

with regulations issued by the Secretary 

pursuant to the Act.’’ See 30 U.S.C. 

1253(a)(1) and (7). On the basis of these 

criteria, the Secretary of the Interior 

conditionally approved the West 

Virginia program on January 21, 1981. 

You can find background information 

on the West Virginia program, including 

the Secretary’s findings, the disposition 

of comments, and conditions of 

approval of the West Virginia program 

in the January 21, 1981, Federal 

Register (46 FR 5915). You can also find 

later actions concerning West Virginia’s 

program and program amendments at 30 

CFR 948.10, 948.12, 948.13, 948.15, and 

948.16. 

II. Description of the Proposed 

Amendment 

By letter dated October 17, 2005 

(Administrative Record Number WV–

1441), the West Virginia Department of 

Environmental Protection (WVDEP) 

submitted an amendment to its program 

under SMCRA (30 U.S.C. 1201 et seq.). 

The amendment consists of a proposed 

revision to CSR 38–2–11.3.a.3 

concerning surety bonds, a briefing 

document, an emergency rule 

justification, which includes an affidavit 

that was submitted in support of the 

emergency rule package, and a decision 

by the Secretary of State dated October 

11, 2005, approving the emergency rule. 

In its submittal of this amendment, 

the WVDEP stated that its current rule 

at CSR 38–2–11.3.a.3 requires that after 

July 1, 2001, a surety must be 

recognized by the Treasurer of the State 

as holding a certificate of authority from 

the United States Department of the 

Treasury as an acceptable surety on 

Federal bonds (otherwise referred to as 

being ‘‘T-Listed’’). The WVDEP stated 

that the original standard was adopted 

to address concerns about the financial 

solvency of sureties providing 

reclamation bonds in West Virginia. The 

WVDEP did not have the necessary 

resources or expertise to regularly and 

timely monitor the financial condition 

of sureties doing business in West 

Virginia. However, a surety that is TListed is required to provide, on a 

regular basis, financial information to 

the U.S. Department of Treasury, which 

reviews this information and provides 

its findings to state regulatory agencies. 

While this information provided by the 

Department of Treasury has been 

helpful, WVDEP stated, this restriction 

has prevented sureties that are not TListed, and that are otherwise in good 

financial condition, from providing 

reclamation bonds in West Virginia. The 

WVDEP stated that this, along with 

other reasons, has adversely impacted 

the market for reclamation bonds in 

West Virginia. Further, WVDEP stated, 

since a surety must have at least two 

years experience providing surety bonds 

before it can be T-Listed, a new 

insurance company or an existing 

insurance company that has not 

previously issued surety bonds cannot 

offer surety bonds in West Virginia. 

The WVDEP stated that the proposed 

amendment to CSR 38–2–11.3.a.3 not 

only addresses the concerns noted 

above by providing an alternative source 

of reliable financial information about 

the surety, but it also allows sureties 

that are licensed and in good financial 

condition but are not T-Listed to 

provide surety bonds in West Virginia. 

The WVDEP stated that an 

‘‘emergency’’ exists under the State’s 

Administrative Procedures Act because 

there is presently a great demand for 

reclamation bonds from the coal 

industry in West Virginia that is not 

being met by the limited number of 

sureties currently offering surety bonds 

in West Virginia. As a result, alternative 

more expensive means are being used 

by coal companies to comply with the 

State’s bonding requirements. Among 

other things, this has greatly restricted 

the availability of capital for the 

development of new coal mines and the 

creation of new jobs. The State 

acknowledges that at a time when coal 

is so important to West Virginia’s 

economy, this dearth of surety bonds is 

having a significant negative impact on 

West Virginia’s coal industry. The 

proposed amendment to 38 CSR 2 is 

thus necessary ‘‘to prevent substantial 

harm to the public interest.’’

Specifically, West Virginia proposes 

the following amendment. 

CSR 38–2–11.3.a.3 Surety 

The existing rule currently provides 

that surety received after July 1, 2001, 

must be recognized by the treasurer of 

the state as holding a current certificate 

of authority from the U.S. Department of 

the Treasury as an acceptable surety on 

Federal bonds. This provision is 

proposed to be amended by adding new 

language at the end of the existing 

requirement. As amended, CSR 38–2–

11.3.a.3 provides as follows: 

11.3.a.3. Surety received after July 1, 2001 

must: (i) Be recognized by the treasurer of 

state as holding a current certificate of 

authority from the United States Department 

of the Treasury as an acceptable surety on 

federal bonds; Or (ii) submit to the Secretary 

proof that the surety holds a valid license 

issued by the basis a certificate of good 

standing or other evidence demonstrating 

that the surety remains licensed or otherwise 

in good standing with the West Virginia 

Insurance Commissioner and the insurance 

regulator of its domiciliary state and within 

four (4) years take all steps necessary to 

obtain a certificate of authority from the 

United States Department of the Treasury as 

an acceptable surety on federal bonds. 

The WVDEP filed the emergency rule 

with the West Virginia Secretary of State 

on September 21, 2005. The Secretary of 

State approved the rule on an 

emergency basis pursuant to W. Va. 

Code 29A–3–15a on October 11, 2005. 

The WVDEP also filed a legislative 

rule containing the same language with 

the Secretary of State on September 21, 

2005 (Administrative Record Number 

WV–1442). At the same time, the State 

announced a public comment period on 

the legislative rule. The public comment 

period commenced on September 21, 

2005, and closed on October 27, 2005. 

A public hearing was held at the 

WVDEP office in Kanawha City prior to 

the close of the comment period. 

67656 Federal Register / Vol. 70, No. 215 / Tuesday, November 8, 2005 / Proposed Rules 

On October 3, 2005, WVDEP provided 

OSM a copy of the proposed rule for 

informal review. Unlike the State’s 

existing surety bond provisions at CSR 

38–2–11.3.a.1 and the Federal surety 

bond requirements at 30 CFR 800.20(a), 

OSM notified the State that the 

proposed revision at CSR 38–2–11.3.a.3 

did not appear to require the surety to 

be licensed to do business in the State. 

To resolve this concern and to make 

additional clarifications without altering 

the purpose or intent of either the 

emergency or the legislative rule, on 

October 14, 2005 (Administrative 

Record Number WV–1443) OSM 

recommended that the language in both 

rules be revised as follows: 

11.3.a.3. Any company that executes surety 

bonds in the State after July 1, 2001, must: 

(i) be recognized by the treasurer of the state 

as holding a current certificate of authority 

from the United States Department of the 

Treasury as an acceptable surety on federal 

bonds by being included on the Treasury 

Department’s listing of approved sureties 

(Department Circular 570); or (ii) submit 

proof to the Secretary that it holds a valid 

license issued by the West Virginia Insurance 

Commissioner, and agree to submit to the 

Secretary on at least a quarterly basis a 

certificate of good standing from the West 

Virginia Insurance Commissioner and such 

other evidence from the insurance regulator 

of its domiciliary state, if other than West 

Virginia, demonstrating that it is also in good 

standing in that state. Companies not 

included on the United States Treasury 

Department’s listing of approved sureties 

must diligently pursue application for listing, 

submit evidence on a semi-annual basis 

demonstrating that they are pursuing such 

listing, and within four (4) years, obtain a 

certificate of authority from the United States 

Department of the Treasury as an acceptable 

surety on federal bonds. 

State officials agreed that while the 

recommended technical revisions 

offered by OSM were better and further 

clarified the intent of their initial rule, 

they needed to wait until after the close 

of their comment period before making 

any changes to the rule. The WVDEP 

intends to submit these changes and any 

additional revisions to OSM after the 

close of the State’s comment period on 

October 27, 2005. This provision is 

expected to be in the form of both an 

emergency and a legislative rule. If the 

revised rules contain language identical 

to the language recommended by OSM 

and included herein, that revision will 

be acted upon by OSM in this 

rulemaking. If substantive changes 

beyond or other than those 

recommended by OSM are included in 

the revised rules, we may need to 

reopen the comment period. 

The legislative rule will be submitted 

to the Legislative Rulemaking Review 

Committee after the close of the 

comment period, and it is to be acted 

upon by the West Virginia Legislature 

during the upcoming 2005–2006 regular 

legislative session. If that rule is 

adopted with the identical language 

recommended by OSM as described 

above, no further action will be required 

by OSM, and it will become part of West 

Virginia’s permanent regulatory 

program upon submission by the State. 

Given that an emergency situation 

exists in West Virginia with regard to 

surety bonds and to avoid any 

unnecessary delays in approving the 

proposed State rule, OSM is requesting 

comments on both the proposed State 

rule and the suggested revisions to that 

rule as described above. Any changes 

adopted by the State after the close of 

its public comment period will result in 

the revision to both its emergency and 

legislative rules. As mentioned above, 

any substantive changes in the proposed 

State rules that go beyond those 

described herein will be subject to 

further rulemaking. 

III. Public Comment Procedures 

Under the provisions of 30 CFR 

732.17(h), we are seeking your 

comments on whether these 

amendments satisfy the applicable 

program approval criteria of 30 CFR 

732.15. If we approve these revisions 

they will become part of the West 

Virginia program. 

Written Comments 

Send your written or electronic 

comments to OSM at the address given 

above. Your written comments should 

be specific, pertain only to the issues 

proposed in this rulemaking, and 

include explanations in support of your 

recommendations. We may not consider 

or respond to your comments when 

developing the final rule if they are 

received after the close of the comment 

period (see DATES). We will make every 

attempt to log all comments into the 

administrative record, but comments 

delivered to an address other than the 

Charleston Field Office may not be 

logged in. 

Electronic Comments 

Please submit Internet comments as 

an ASCII, Word file avoiding the use of 

special characters and any form of 

encryption. Please also include ‘‘Attn: 

SATS NO. WV–108–FOR’’ and your 

name and return address in your 

Internet message. If you do not receive 

a confirmation that we have received 

your Internet message, contact the 

Charleston Field office at (304) 347–

7158. 

Availability of Comments 

We will make comments, including 

names and addresses of respondents, 

available for public review during 

normal business hours. We will not 

consider anonymous comments. If 

individual respondents request 

confidentiality, we will honor their 

request to the extent allowable by law. 

Individual respondents who wish to 

withhold their name or address from 

public review, except for the city or 

town, must state this prominently at the 

beginning of their comments. We will 

make all submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

Public Hearing 

If you wish to speak at the public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT by 4 

p.m. (local time), on November 23, 

2005. If you are disabled and need 

special accommodations to attend a 

public hearing, contact the person listed 

under FOR FURTHER INFORMATION

CONTACT. We will arrange the location 

and time of the hearing with those 

persons requesting the hearing. If no one 

requests an opportunity to speak, we 

will not hold a hearing. 

To assist the transcriber and ensure an 

accurate record, we request, if possible, 

that each person who speaks at the 

public hearing provide us with a written 

copy of his or her comments. The public 

hearing will continue on the specified 

date until everyone scheduled to speak 

has been given an opportunity to be 

heard. If you are in the audience and 

have not been scheduled to speak and 

wish to do so, you will be allowed to 

speak after those who have been 

scheduled. We will end the hearing after 

everyone scheduled to speak and others 

present in the audience who wish to 

speak, have been heard. 

Public Meeting 

If only one person requests an 

opportunity to speak, we may hold a 

public meeting rather than a public 

hearing. If you wish to meet with us to 

discuss the amendment, please request 

a meeting by contacting the person 

listed under FOR FURTHER INFORMATION

CONTACT. All such meetings will be 

open to the public and, if possible, we 

will post notices of meetings at the 

locations listed under ADDRESSES. We 

will make a written summary of each 

meeting a part of the Administrative 

Record. 

Federal Register / Vol. 70, No. 215 / Tuesday, November 8, 2005 / Proposed Rules 67657 

IV. Procedural Determinations 

Executive Order 12630—Takings 

This rule does not have takings 

implications. This determination is 

based on the analysis performed for the 

counterpart Federal regulation. 

Executive Order 12866—Regulatory 

Planning and Review 

This rule is exempt from review by 

the Office of Management and Budget 

under Executive Order 12866. 

Executive Order 12988—Civil Justice 

Reform 

The Department of the Interior has 

conducted the reviews required by 

section 3 of Executive Order 12988 and 

has determined that this rule meets the 

applicable standards of subsections (a) 

and (b) of that section. However, these 

standards are not applicable to the 

actual language of State regulatory 

programs and program amendments 

because each program is drafted and 

promulgated by a specific State, not by 

OSM. Under sections 503 and 505 of 

SMCRA (30 U.S.C. 1253 and 1255) and 

the Federal regulations at 30 CFR 

730.11, 732.15, and 732.17(h)(10), 

decisions on proposed State regulatory 

programs and program amendments 

submitted by the States must be based 

solely on a determination of whether the 

submittal is consistent with SMCRA and 

its implementing Federal regulations 

and whether the other requirements of 

30 CFR parts 730, 731, and 732 have 

been met. 

Executive Order 13132—Federalism 

This rule does not have Federalism 

implications. SMCRA delineates the 

roles of the Federal and State 

governments with regard to the 

regulation of surface coal mining and 

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 Federallyrecognized 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 basis for this determination is that 

our decision is on a State regulatory 

program and does not involve a Federal 

regulation involving Indian lands. 

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 

analysis performed under various laws 

and executive orders for the counterpart 

Federal regulations. 

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 analysis performed under various 

laws and executive orders for the 

counterpart Federal regulations. 

List of Subjects in 30 CFR Part 948 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: October 21, 2005. 

Brent Wahlquist, 

Regional Director, Appalachian Region. 

[FR Doc. 05–22194 Filed 11–7–05; 8:45 am] 

BILLING CODE 4310–05–P