6330 Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Proposed Rules 

SCHEDULE OF FEES FOR CONSULAR SERVICES—Continued 

Item No. Fee 

(d) Supervising telephone depositions (per hour or part thereof over the first hour) .................................................... Consular time (Item 

75) plus expenses. 

(e) Providing seal and certification of depositions ......................................................................................................... $415. 

53. Exemptions: Deposition or executing commissions to take testimony. Fees (Item 52) will not be charged when the 

service is performed: 

(a) At the direct request of any Federal Government agency, any State or local government, the District of Columbia, or any of the territories or possessions of the United States (unless significant time required and/or expenses would be incurred).NO FEE. 

(b) Executing commissions to take testimony in connection with foreign documents for use in criminal cases when 

the commission is accompanied by an order of Federal court on behalf of an indigent party.

NO FEE. 

(Items 54 through 60 vacant.) 

SERVICES RELATING TO VESSELS AND SEAMEN 

61. Shipping and Seaman’s services: Including but not limited to recording a bill of sale of a vessel purchased abroad, 

renewal of a marine radio license, and issuance of certificate of American ownership.

Consular time (Item 

75) plus expenses. 

(Items 62 through 70 vacant.) 

ADMINISTRATIVE SERVICES 

71. Non-emergency telephone calls ...................................................................................................................................... $10 plus long distance 

charge. 

72. Setting up and maintaining a trust account: For 1 year or less to transfer funds to or for the benefit of a U.S. citizen 

in need in a foreign country.

$30. 

73. Transportation charges incurred in the performance of fee and no-fee services when appropriate and necessary ..... Expenses incurred. 

74. Return check processing fee ........................................................................................................................................... $25. 

75. Consular time charges: As required by this Schedule and for fee services performed away from the office or during 

after-duty hours (per hour or part thereof/per consular employee).

$231. 

76. Photocopies (per page) ................................................................................................................................................... $1. 

(Items 77 through 80 vacant.) 

PART 51—PASSPORTS 

3. In § 51.51, revise paragraph (d) to 

read as follows: 

§ 51.51 Passport fees 

* * * * * 

(d) A surcharge in the amount of 

twenty-two dollars ($22) on the filing of 

each application for a passport book, in 

the amount of twenty-two dollars ($22) 

on the filing of each application for a 

passport card for an applicant age 16 or 

over, and in the amount of fifteen 

dollars ($15) on the filing of each 

application for a passport card for an 

applicant under age 16, in order to cover 

the costs of meeting the increased 

demand for passports as a result of 

actions taken to comply with section 

7209(b) of the Intelligence Reform and 

Terrorism Prevention Act of 2004, 

Public Law 108–458 (8 U.S.C. 1185 

note). The surcharge will be recovered 

by the Department of State from within 

the passport application fee reflected in 

the Schedule of Fees for Consular 

Services. 

* * * * * 

Dated: February 3, 2010. 

Patrick Kennedy, 

Under Secretary of State for Management, 

Department of State. 

[FR Doc. 2010–2816 Filed 2–8–10; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 934 

[SATS No. ND–051–FOR; Docket ID: OSM– 

2009–0013] 

North Dakota Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, 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 North 

Dakota regulatory program (hereinafter, 

the ‘‘North Dakota program’’) under the 

Surface Mining Control and 

Reclamation Act of 1977 (‘‘SMCRA’’ or 

‘‘the Act’’). North Dakota proposes 

revisions to rules and statutes that 

would allow the revegetation 

responsibility period to be reduced from 

ten years to five years for lands eligible 

for remining. North Dakota intends to 

revise its program to be consistent with 

the corresponding Federal regulations 

and to improve operational efficiency. 

This document gives the times and 

locations that the North Dakota program 

and proposed amendment to that 

program are available for your 

inspection, the comment period during 

which you may submit written 

comments on the amendment, and the 

procedures that we will follow for the 

public hearing, if one is requested. 

DATES: We will accept written 

comments on this amendment until 4 

p.m., m.s.t. March 11, 2010. If 

requested, we will hold a public hearing 

on the amendment on March 8, 2010. 

We will accept requests to speak until 

4 p.m., m.s.t. on February 24, 2010. 

ADDRESSES: You may submit comments 

by either of the following two methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. OSM is listed as 

Surface Mining Reclamation and 

Enforcement. Follow the instructions for 

submitting comments. 

• Mail/Hand Delivery/Courier: Jim 

Fulton, Director, Denver Field Division, 

Office of Surface Mining Reclamation 

and Enforcement, 1999 Broadway, Suite 

3320, Denver, CO 80202. 

Instructions: All submissions received 

must include the agency name and ND– 

051–FOR. For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see the ‘‘Public Comment Procedures’’ 

heading of the SUPPLEMENTARY

INFORMATION section of this document. 

Docket: In addition to viewing the 

docket and obtaining copies of 

documents at http:// 


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Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Proposed Rules 6331 

www.regulations.gov, you may review 

copies of the North Dakota program, this 

amendment, a listing of any 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 the 

amendment by contacting OSM’s Casper 

Field Office. 

Jeffrey Fleischman, Field Office 

Director, Casper Field Office, Office of 

Surface Mining Reclamation and 

Enforcement, 150 East B Street, Room 

1018, Casper, Wyoming 82604–1018, 

307–261–6552, 

jfleischman@osmre.gov. 

James Deutsch, Director, Reclamation 

Division, Public Service Commission, 

600 E. Boulevard Ave., Dept. 408, 

Bismarck, North Dakota 58505–0480, 

701–328–2400, 1–877–245–6685, 

ndpsc@nd.gov, http://www.nd.gov/ 

psc. 

FOR FURTHER INFORMATION CONTACT: 

Jeffery Fleischman, Field Office 

Director, Casper Field Office, Office of 

Surface Mining Reclamation and 

Enforcement, 150 East B Street, Room 

1018, Casper, Wyoming 82604–1018, 

307–261–6552, jfleischman@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the North Dakota Program 

II. Description of the Proposed Amendment 

III. Public Comment Procedures 

IV. 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 of the North Dakota program 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. Description of the Proposed 

Amendment 

By letter dated November 12, 2009, 

North Dakota sent us a proposed 

amendment to its regulatory program 

approved under SMCRA (30 U.S.C. 1201 

et seq.). The proposed amendment has 

been assigned Administrative Record 

Docket ID: OSM–2009–0013. North 

Dakota sent the amendment in as a 

result of amendments made to SMCRA 

in December 2006, and revisions made 

to OSM’s regulations on November 14, 

2008, at 73 FR 67576. The 2006 

amendments and the OSM regulatory 

revisions removed the expiration date 

for remining incentives initially 

authorized on October 24, 1992, and 

codified at sections 510(e) and 

515(b)(20)(B) of SMCRA. Those sections 

provided incentives for eligible 

remining operations including a 

reduced revegetation responsibility 

periods (2 years in the East and 5 years 

in the West). However, those remining 

incentives had a statutorily defined 

expiration date of September 30, 2004. 

See 30 U.S.C. 1260(e) and 1265(b)(20)(B) 

(1993). 

Specifically, North Dakota proposes 

revisions to the North Dakota Century 

Code at Chapter 38–14.1–24(18) 

(Environmental protection performance 

standards); 38–14.2–14(2), and to the 

North Dakota Administrative Code at 

Article 69–05.2–09–02(14) (Permit 

applications—operation plans—maps 

and plans) and Article 69–05.2–22– 

07(2) and (4)(i) (Performance 

standards—Revegetation—Standards for 

success). 

North Dakota proposes to reduce the 

reclamation liability period on 

previously mined areas from ten years 

to five years. This change will apply to 

the North Dakota Century Code as well 

as the North Dakota Administrative 

Code. North Dakota defines previously 

mined areas as ‘‘lands that were affected 

by coal mining activities prior to 

January 1, 1970.’’ North Dakota also 

proposes to require remining permits to 

include additional maps and 

information addressing potential 

environmental and safety problems 

related to prior mining activities that 

might be reasonably anticipated to occur 

at the mining site. 

III. Public Comment Procedures 

Under the provisions of 30 CFR 

732.17(h), we are seeking your 

comments on whether the amendment 

satisfies the applicable program 

approval criteria of 30 CFR 732.15. If we 

approve the amendment, it will become 

part of the North Dakota program. 

Electronic or Written Comments 

If you submit written comments, they 

should be specific, confined to issues 

pertinent to the proposed regulations, 

and explain the reason for any 

recommended change(s). We appreciate 

any and all comments, but those most 

useful and likely to influence decisions 

on the final regulations will be those 

that either involve personal experience 

or include citations to and analyses of 

SMCRA, its legislative history, its 

implementing regulations, case law, 

other pertinent State or Federal laws or 

regulations, technical literature, or other 

relevant publications. 

We cannot ensure that comments 

received after the close of the comment 

period (see DATES) or sent to an address 

other than those listed (see ADDRESSES) 

will be included in the docket for this 

rulemaking and considered. 

Public Availability of Comments 

Before including your address, phone 

number, e-mail 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 in the 

electronic docket for this rulemaking at 

http://www.regulations.gov. 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. 

Public Hearing 

If you wish to speak at the public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT by 4 

p.m., m.s.t. on February 24, 2010. If you 

are disabled and need reasonable 

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 

the hearing. If only one person 

expresses an interest, a public meeting 

rather than a hearing may be held, with 

the results included in the docket for 

this rulemaking. 

To assist the transcriber and ensure an 

accurate record, we request, if possible, 

that each person who speaks at a 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 


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6332 Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Proposed Rules 

scheduled. We will end the hearing after 

everyone scheduled to speak and others 

present in the audience who wish to 

speak, have been heard. 

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 exempted from review by 

the Office of Management and Budget 

(OMB) 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. 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 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. 

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. 

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: December 15, 2009. 

Richard M. Holbrook, 

Acting Director, Western Region. 

[FR Doc. 2010–2765 Filed 2–8–10; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 950 

[SATS No: WY–038–FOR; Docket ID: OSM– 

2009–0012] 

Wyoming Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 


Cprice-sewell on DSK2BSOYB1PROD with PROPOSALS