71240 Federal Register / Vol. 70, No. 227 / Monday, November 28, 2005 / Rules and Regulations 

lieu of Form BE–11B(LF) or Form BE–

11B(SF). 

(iii) Form BE–11C (Report for 

Minority-owned Foreign Affiliate) must 

be filed for each minority-owned 

nonbank foreign affiliate that is owned 

at least 20 percent, but not more than 50 

percent, directly and/or indirectly, by 

all U.S. Reporters of the affiliate 

combined, and for which any one of the 

three items listed in paragraph 

(f)(3)(ii)(A) of this section was greater 

than $40 million (positive or negative) 

at the end of, or for, the affiliate’s fiscal 

year. In addition, for the report covering 

fiscal year 2007 only, a Form BE–11C 

must be filed for each minority-owned 

nonbank foreign affiliate that is owned, 

directly or indirectly, at least 10 percent 

by one U.S. Reporter, but less than 20 

percent by all U.S. Reporters of the 

affiliate combined, and for which any 

one of the three items listed in 

paragraph (f)(3)(ii)(A) of this section was 

greater than $100 million (positive or 

negative) at the end of, or for, the 

affiliate’s fiscal year. 

(iv) Based on the preceding, an 

affiliate is exempt from being reported 

if it meets any one of the following 

criteria: 

(A) None of the three items listed in 

paragraph (f)(3)(ii)(A) of this section 

exceeds $40 million (positive or 

negative). (However, affiliates that were 

established or acquired during the year 

and for which at least one of these items 

was greater than $10 million but not 

over $40 million must be listed, and key 

data items reported, on a supplement 

schedule on Form BE–11A.) 

(B) For fiscal year 2007 only, it is less 

than 20 percent owned, directly or 

indirectly, by all U.S. Reporters of the 

affiliate combined and none of the three 

items listed in paragraph (f)(3)(ii)(A) of 

this section exceeds $100 million 

(positive or negative). 

(C) For fiscal years other than 2007, it 

is less than 20 percent owned, directly 

or indirectly, by all U.S. Reporters of the 

affiliate combined. 

(D) Its U.S. parent (U.S. Reporter) is 

a bank. 

(E) It is itself a bank. 

(v) Notwithstanding paragraph 

(f)(3)(iv) of this section, a Form BE–

11B(LF), (SF), (EZ) or BE–11C must be 

filed for a foreign affiliate of the U.S. 

Reporter that owns another non-exempt 

foreign affiliate of that U.S. Reporter, 

even if the foreign affiliate parent is 

otherwise exempt. That is, all affiliates 

upward in the chain of ownership must 

be reported. 

* * * * * 

[FR Doc. 05–23316 Filed 11–25–05; 8:45 am] 

BILLING CODE 3510–06–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 934 

[ND–048–FOR, Amendment No. XXXV] 

North Dakota Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Final rule; approval of 

amendment. 

SUMMARY: We are approving a proposed 

amendment to the North Dakota 

regulatory program (the ‘‘North Dakota 

program’’) under the Surface Mining 

Control and Reclamation Act of 1977 

(SMCRA or the Act). North Dakota 

proposed revisions to its statute which 

reduce notice requirements associated 

with bond release applications. North 

Dakota intends to revise its program to 

improve operational efficiency. 

EFFECTIVE DATE: November 28, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Acting Field Office Director Frank 

Atencio, Telephone: 307/261–6550, email address: fatencio@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the North Dakota Program 

II. Submission of the Proposed Amendment 

III. Office of Surface Mining Reclamation and 

Enforcement’s (OSM) Findings 

IV. Summary and Disposition of Comments 

V. OSM’s Decision 

VI. Procedural Determinations 

I. Background on the North Dakota 

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 State 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 this Act; and rules and 

regulations consistent with regulations 

issued by the Secretary pursuant to this 

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 North Dakota program on 

December 15, 1980. You can find 

background information on the North 

Dakota program, including the 

Secretary’s findings, the disposition of 

comments, and conditions of approval 

in the December 15, 1980, Federal 

Register (45 FR 82214). You can also 

find later actions concerning North 

Dakota’s program and program 

amendments at 30 CFR 934.15, 934.16, 

and 934.30. 

II. Submission of the Proposed 

Amendment 

By letter dated April 20, 2005, North 

Dakota sent us an amendment to its 

program (amendment number XXXV, 

Administrative Record No. ND–JJ–01) 

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

The amendment includes changes made 

at the State’s initiative. The provisions 

of its North Dakota Century Code 

(NDCC) that North Dakota proposed to 

revise are NDCC 38–14.1–17.1.a and b, 

Release of performance bond ‘‘

Schedule—Notification—Public 

hearing. 

We announced receipt of the 

proposed amendment in the July 5, 

2005, Federal Register (70 FR 38639), 

Administrative Record No. ND–JJ–07. In 

the same document, we opened the 

public comment period and provided an 

opportunity for a public hearing or 

meeting on the amendment’s adequacy. 

We did not hold a public hearing or 

meeting because no one requested one. 

The public comment period ended on 

August 4, 2005. We received one 

comment from the North Dakota State 

University. 

III. OSM’s Findings 

Following are the findings we made 

concerning the amendment under 

SMCRA and the Federal regulations at 

30 CFR 732.15 and 732.17. We are 

approving the amendment. 

A. Minor Revisions to North Dakota’s 

Statute 

North Dakota proposed minor 

wording, editorial, punctuation, 

grammatical, and recodification changes 

to the following previously-approved 

statute: NDCC 38–14.1–17.1.a and b. 

Because these changes are minor, we 

find that they will not make North 

Dakota’s statute less stringent than 

SMCRA. 

B. Revisions to North Dakota’s Statute 

That Have the Same Meaning as the 

Corresponding Provisions of SMCRA 

The following revisions to the NDCC 

proposed by North Dakota contain 

language that is the same as or similar 

to the corresponding sections of 

SMCRA. 

NDCC 38–14.1–17.1.a and b (SMCRA 

519(a)), [Release of performance bondSchedule-Notification-Public hearing] 

The first change deletes the 

requirement that the permittee publish 

newspaper notices in daily newspapers 

of general circulation in the mine’s 

locality. However, the permittee is still 

required to publish bond release 

Federal Register / Vol. 70, No. 227 / Monday, November 28, 2005 / Rules and Regulations 71241 

notices, once a week for four 

consecutive weeks, in the official 

county newspaper where the bond 

release tract is located. SMCRA requires 

that the bond release notice be 

published in a newspaper of general 

circulation in the locality of the mine. 

The publication of the notice in the 

official county newspaper where the 

bond release is located is consistent 

with that provision. 

The second change in this 

amendment deletes the language that 

requires the permittee to send bond 

release notices to subsurface owners of 

tracts proposed for bond release. Mining 

companies will still be required to send 

bond release notices to surface owners 

of the bond release tract and the 

adjoining property owners. This is 

consistent with the Federal counterpart 

in SMCRA that requires applicants to 

submit as part of any bond release 

application copies of letters which the 

applicant has sent to adjoining 

landowners and others in the locality in 

which the mining took place notifying 

such entities of the applicant’s intention 

to seek bond release. 

Because this North Dakota statute 

change contains language that is the 

same as or similar to SMCRA, we find 

that it is no less stringent than SMCRA. 

IV. Summary and Disposition of 

Comments 

Public Comments 

We asked for public comments on the 

amendment (Administrative Record No. 

ND–JJ–03). North Dakota State 

University replied on May 18, 2005, that 

it agreed with the amendment 

(Amendment Record No. ND–JJ–04). 

Federal Agency Comments 

Under 30 CFR 732.17(h)(11)(i) and 

section 503(b) of SMCRA, we requested 

comments on the amendment from 

various Federal agencies with an actual 

or potential interest in the North Dakota 

program (Administrative Record No. 

ND–JJ–03). Two Federal agencies (U.S. 

Natural Resources Conservation Service 

and U.S. Geological Survey) sent us 

letters (May 23, 2005 and June 7, 2005, 

respectively) stating that they had no 

comments. 

Environmental Protection Agency (EPA) 

Concurrence and Comments 

Under 30 CFR 732.17(h)(11)(i) and 

(ii), we are required to get concurrence 

from EPA for those provisions of the 

program amendment that relate to air or 

water quality standards issued under 

the authority of the Federal Water 

Pollution Control Act (33 U.S.C. 1251 et 

seq.) or the Clean Air Act (42 U.S.C. 

7401 et seq.). 

None of the revisions that North 

Dakota proposed to make in this 

amendment pertains to air or water 

quality standards. Therefore, we did not 

ask EPA to concur on the amendment. 

State Historic Preservation Officer 

(SHPO) and the Advisory Council on 

Historic Preservation (ACHP) 

Under 30 CFR 732.17(h)(4), we are 

required to request comments from the 

SHPO and ACHP on amendments that 

may have an effect on historic 

properties. On April 25, 2005, we 

requested comments on North Dakota’s 

amendment (Administrative Record No. 

ND–JJ–03), but neither SHPO or ACHP 

responded to our request. 

V. OSM’s Decision 

Based on the above findings, we 

approve North Dakota’s April 20, 2005, 

amendment. 

To implement this decision, we are 

amending the Federal regulations at 30 

CFR Part 934, which codify decisions 

concerning the North Dakota program. 

We find that good cause exists under 5 

U.S.C. 553(d)(3) to make this final rule 

effective immediately. Section 503(a) of 

SMCRA requires that the State’s 

program demonstrates that the State has 

the capability of carrying out the 

provisions of the Act and meeting its 

purposes. Making this regulation 

effective immediately will expedite that 

process. SMCRA requires consistency of 

State and Federal standards. 

VI. 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 exempted from review by 

the Office of Management and Budget 

(OMB) under Executive Order 12866 

(Regulatory Planning and Review). 

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 Federally 

recognized 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 rule does not involve or affect 

Indian Tribes in any way. 

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. 

71242 Federal Register / Vol. 70, No. 227 / Monday, November 28, 2005 / Rules and Regulations 

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. 4321 et seq.). 

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. 

3501 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) of 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 

fact that the State submittal which is the 

subject of this rule is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation was not considered a major 

rule. 

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 fact that the State submittal, which 

is the subject of this rule, is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation did not impose an unfunded 

mandate. 

List of Subjects in 30 CFR Part 934 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: September 29, 2005. 

Allen D. Klein, 

Regional Director, Western Regional. 

■ For the reasons set out in the 

preamble, 30 CFR part 934 is amended 

as set forth below: 

PART 934—North Dakota 

■ 1. The authority citation for part 934 

continues to read as follows: 

Authority: 30 U.S.C. 1201 et seq. 

■ 2. Section 934.15 is amended in the 

table by adding a new entry in 

chronological order by ‘‘Date of Final 

Publication’’ to read as follows: 

§ 934.15 Approval of North Dakota 

regulatory program amendments. 

* * * * * 

Original amendment submission date Date of final publication Citation/description 

* * * * * * * 

April 20, 2005 .................................................... November 28, 2005 .......................................... NDCC 38–14.1–17.1.a and 2005b. 

[FR Doc. 05–23324 Filed 11–25–05; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 050426117–5117–01; I.D. 

110905E] 

Fisheries Off West Coast States and in 

the Western Pacific; West Coast 

Salmon Fisheries; Inseason Action #10 

- Adjustment of the Recreational 

Fishery from Leadbetter Point, 

Washington, to Cape Falcon, Oregon 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

fishing seasons; request for comments. 

SUMMARY: NMFS announces a regulatory 

modification in the recreational fishery 

from Leadbetter Point, WA, to Cape 

Falcon, OR (Columbia River Subarea). 

Effective Friday, September 17, 2005, 

the daily bag limit for the Columbia 

River Subarea was modified as follows: 

‘‘All Salmon, two fish per day, all 

retained coho must have a healed 

adipose fin clip.’’ All other restrictions 

remain in effect as announced for 2005 

ocean salmon fisheries, and by previous 

inseason actions. This action was 

necessary to conform to the 2005 

management goals, and the intended 

effect is to allow the fishery to operate 

within the seasons and quotas specified 

in the 2005 annual management 

measures. 

DATES: Modification in the recreational 

fishery from Leadbetter Point, WA to 

Cape Falcon, OR is effective 001 hours 

local time (l.t.) Friday, September 17, 

2005, until the next scheduled open 

period, which will be announced in a 

future publication in the Federal 

Register. 

Comments will be accepted through 

December 13, 2005. 

ADDRESSES: Comments on this action 

must be mailed to D. Robert Lohn, 

Regional Administrator, Northwest 

Region, NMFS, NOAA, 7600 Sand Point 

Way N.E., Bldg. 1, Seattle, WA 98115–

0070; or faxed to 206–526–6376; or Rod 

McInnis, Regional Administrator, 

Southwest Region, NMFS, NOAA, 501 

W. Ocean Blvd., Suite 4200, Long 

Beach, CA 90802–4132; or faxed to 562–

980–4018. Comments can also be 

submitted via e-mail at the 

2005salmonIA10.nwr@noaa.gov 

address, or through the internet at the 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments, 

and include [050426117–5117–01 and/ 

or I.D. 110905E] in the subject line of 

the message. Information relevant to this 

document is available for public review 

during business hours at the Office of