Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations 74613 

B. This Final Rule 

As noted above, HUD received no 

public comments in response to the 

September 16, 2014, interim rule, and is 

adopting the interim rule without 

change. 

Findings and Certifications 

Executive Order 13563, Regulatory 

Review 

The President’s Executive Order (EO) 

13563, entitled ‘‘Improving Regulation 

and Regulatory Review,’’ was signed by 

the President on January 18, 2011, and 

published on January 21, 2011, at 76 FR 

3821. This EO requires executive 

agencies to analyze regulations that are 

‘‘outmoded, ineffective, insufficient, or 

excessively burdensome, and to modify, 

streamline, expand, or repeal them in 

accordance with what has been 

learned.’’ Section 4 of the EO, entitled 

‘‘Flexible Approaches,’’ provides, in 

relevant part, that where relevant, 

feasible, and consistent with regulatory 

objectives, and to the extent permitted 

by law, each agency shall identify and 

consider regulatory approaches that 

reduce burdens and maintain flexibility 

and freedom of choice for the public. 

HUD submits that the changes made by 

this rule to the Section 232 regulations 

are consistent with the EO’s directions 

as the rule reduces the burden on 

regulated parties by allowing for less 

restrictive reporting periods. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601 et seq.) generally requires 

an agency to conduct a regulatory 

flexibility analysis of any rule subject to 

notice and comment rulemaking 

requirements, unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. 

The changes required by this rule do 

not impose significant economic 

impacts on these small entities or 

otherwise adversely disproportionately 

burden such small entities. In fact, such 

small entities should benefit from the 

less restrictive reporting period. 

Accordingly, the undersigned certifies 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities. 

Environmental Impact 

This rule does not direct, provide for 

assistance or loan and mortgage 

insurance for, otherwise govern or 

regulate real property acquisition, 

disposition, leasing, rehabilitation, 

alteration, demolition, or new 

construction; or establish, revise, or 

provide for standards for construction or 

construction materials, manufactured 

housing, or occupancy. This rule is 

limited to changing submission 

deadlines for required reports. 

Accordingly, under 24 CFR 50.19(c)(1), 

this rule is categorically excluded from 

environmental review under the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321). 

Executive Order 13132, Federalism 

Executive Order 13132 (entitled 

‘‘Federalism’’) prohibits an agency from 

publishing any rule that has federalism 

implications if the rule either: (1) 

Imposes substantial direct compliance 

costs on State and local governments 

and is not required by statute, or (2) 

preempts state law, unless the agency 

meets the consultation and funding 

requirements of section 6 of the 

Executive Order. This rule does not 

have federalism implications and does 

not impose substantial direct 

compliance costs on State and local 

governments or preempt State law 

within the meaning of the Executive 

Order. 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (2 U.S.C. 1531– 

1538) (UMRA) establishes requirements 

for federal agencies to assess the effects 

of their regulatory actions on state, 

local, and tribal governments, and on 

the private sector. This rule does not 

impose any federal mandates on any 

state, local, or tribal governments, or on 

the private sector, within the meaning of 

UMRA. 

Information Collection Requirements 

The information collection 

requirements contained in this rule 

were reviewed by the Office of 

Management and Budget (OMB) under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3520), and assigned 

OMB Control Number 2502–0605. In 

accordance with the Paperwork 

Reduction Act, an agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information, unless the collection 

displays a currently valid OMB control 

number. 

Catalogue of Federal Domestic 

Assistance 

The Catalogue of Federal Domestic 

Assistance Number for the Mortgage 

Insurance Nursing Homes, Intermediate 

Care Facilities, Board and Care Homes 

and Assisted Living Facilities mortgage 

insurance programs is 14.129. 

List of Subjects 

24 CFR Part 5 

Administrative practice and 

procedure, Aged, Claims, Grant 

programs—housing and community 

development, Individuals with 

disabilities, Intergovernmental relations, 

Loan programs—housing and 

community development, Low and 

moderate income housing, Mortgage 

insurance, Penalties, Pets, Public 

housing, Rent subsidies, Reporting and 

recordkeeping requirements, Social 

security, Unemployment compensation, 

Wages. 

24 CFR Part 232 

Fire prevention, Health facilities, 

Loan programs—health, Loan 

programs—housing and community 

development, Mortgage insurance, 

Nursing homes, Reporting and 

recordkeeping requirements. 

PART 5—GENERAL HUD PROGRAM 

REQUIREMENTS; WAIVERS 

PART 232—MORTGAGE INSURANCE 

FOR NURSING HOMES, 

INTERMEDIATE CARE FACILITIES, 

BOARD AND CARE HOMES, AND 

ASSISTED LIVING FACILITIES 

■ Accordingly, the interim rule 

amending parts 5 and 232 of title 24 of 

the Code of Federal Regulations, which 

was published at 79 FR 55360 on 

September 16, 2014, is adopted as final 

without change. 

Date: December 5, 2014. 

Biniam Gebre, 

Acting Assistant Secretary for Housing— 

Federal Housing Commissioner. 

[FR Doc. 2014–29464 Filed 12–15–14; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 934 

[SATS No. ND–052–FOR; Docket ID No. 

OSM–2012–0021; S1D1SS08011000

SX066A00067F144S180110; S2D2SS080

11000SX066A00033F14XS501520] 

North Dakota Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Final rule; approval of 

amendment. 

SUMMARY: We are approving an 

amendment to the North Dakota 

regulatory program (the ‘‘North Dakota 


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74614 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations 

program’’) under the Surface Mining 

Control and Reclamation Act of 1977 

(‘‘SMCRA’’ or ‘‘the Act’’). North Dakota 

intends to revise its program to be 

consistent with the corresponding 

Federal regulations. North Dakota 

submitted the amendment to address 

required rule changes OSMRE identified 

by letter to North Dakota dated October 

2, 2009, under 30 CFR 732.17(c). These 

include changes to North Dakota’s rules 

regarding use of the Applicant Violator 

System (AVS) and ownership and 

control. North Dakota has met all of the 

conditions outlined in the 732 letter and 

has included all applicable revisions 

and/or additions to their rules. North 

Dakota is also proposing to add a new 

subsection to an existing rule with 

general requirements relating to the 

format of electronic applications. They 

are also making a minor correction to 

another rule pertaining to the term of 

permits to make it consistent with a 

separate rule which was previously 

amended to no longer require renewal of 

a permit once lands in that permit are 

no longer being mined or used in the 

support of surface coal mining. 

DATES: Effective December 16, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Fleischman, Chief, Denver Field 

Division, Telephone: 307–261–6550, 

Internet address: jfleischman@

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 (OSMRE’s) Findings 

IV. Summary and Disposition of Comments 

V. OSMRE’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 November 14, 2012, 

North Dakota sent us a proposed 

amendment to its program 

(Administrative Record Document ID 

No. OSM–2012–0021–0002) under 

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

Dakota sent the amendment in response 

to an October 2, 2009 letter (Document 

ID No. OSM–2012–0021–0004) that we 

sent to North Dakota in accordance with 

30 CFR 732.17(c), and to include the 

changes made at its own initiative. 

Specifically, North Dakota proposes to 

add and/or change nine rules in the 

North Dakota Administrative Code 

(NDAC) Section 69–5.2. The rule 

changes primarily address the use of 

OSMRE’s Applicant Violator System 

(AVS) prior to the approval of permits, 

permit renewals, and certain permit 

revisions. The proposed rule also 

contains procedures for surface coal 

mining operators to use if they want to 

submit challenges to information in the 

AVS. North Dakota proposed these 

changes to make its program consistent 

with the counterpart Federal regulations 

regarding the AVS and ownership and 

control. Additionally, North Dakota is 

submitting a proposed rule change that 

adds specificity to the format 

requirements for electronic applications 

and a change that updates a provision 

to no longer require the renewal of a 

permit once surface coal mining is 

completed and only reclamation work 

remains. 

We announced receipt of the 

proposed amendment in the January 29, 

2013, Federal Register (78 FR 6062). 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 

(Administrative Record Document ID 

No. OSM–2012–0021–0001). We did not 

hold a public hearing or meeting 

because no one requested one. The 

public comment period ended on March 

1, 2013. We received a letter from one 

Federal agency stating that they had no 

comments. 

During our review of the amendment, 

we identified an area of concern 

regarding the fact that North Dakota 

failed to provide a counterpart rule to 30 

CFR 774.12(c)(1). We notified North 

Dakota of our concerns on March 13, 

2013 (Administrative Record Document 

ID No. OSM–2012–0021–0008). North 

Dakota responded in a letter dated May 

10, 2013 by revising their proposed 

amendment language (Administrative 

Record Document ID No. OSM–2012– 

0021–0009). Specifically, North Dakota 

corrected a drafting error which 

occurred from the use of a previous 

version of the 30 CFR rules by 

modifying NDAC Section 69–05.2–10– 

09. The proposed modification provides 

State counterpart language to 30 CFR 

778.11(d), which is referenced in 30 

CFR 774.12(c)(1). 

III. OSMRE’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. Revisions to North Dakota’s Rules 

That Have the Same Meaning as the 

Corresponding Provisions of the Federal 

Regulations 

North Dakota’s proposed revisions to 

the following rules contain language 

that is the same as or similar to the 

corresponding sections of the Federal 

regulations, which we find to be 

consistent with and no less effective 

than the Federal regulations. 

NDAC 69–05.2–05–08 Permit 

Applications—Permit Term 

North Dakota added language to its 

rules to clarify that surface coal mining 

permits are to be renewed only when 

surface coal mining operations are 

taking place. Prior to this amendment, 

this particular section of North Dakota’s 

regulations required permit renewal 

through the completion of surface coal 

mining and reclamation operations. 

NDAC 69–05.2–11–03, which contains 

the rules specific to permit renewals, 

already allowed permit renewals to 

lapse once surface mining operations 

are complete and only reclamation 

remains, but it was contradictory with 

NDAC 69–05.2–05–08. NDAC 69–05.2– 

05–08 is being revised to remove this 

contradiction in North Dakota’s rules by 

deleting ‘‘and reclamation’’. 

We also note that the revised rule has 

an apparent inconsistency because it 

states that permits shall be successively 

renewed under section 69–05.2–11–03 

‘‘until final bond release.’’ A final bond, 

however, is not released until after 

reclamation is complete. Thus, North 

Dakota’s failure to delete the latter part 

of the rule ‘‘until final bond release’’ 

may create ambiguous interpretations. 

By letter dated November 14, 2012, 

North Dakota explained that the change 

was being proposed to no longer require 

renewal of a permit once lands in that 

permit are no longer being mined or 


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used in support of mining. Thus, 

whether this provision is interpreted as 

intended to require renewal only while 

surface coal mining operations occur or 

whether it is interpreted to require 

renewal through the release of the bond, 

we find that it is no less effective than 

the counterpart Federal Regulation 

found at 30 CFR 773.4(a). OSMRE 

understands that the intention of the 

rule is that permit renewal will only be 

required while surface coal mining 

operations are occurring and will expect 

the provision to be enforced 

accordingly. 

30 CFR 773.4(a) specifically allows 

permit renewals to lapse once surface 

coal mining operations are completed 

and only reclamation operations remain. 

The Federal regulation also states that 

the obligations established under a coal 

mining permit do not lapse once surface 

mining activities cease and a permit 

need no longer be renewed. Thus, we 

find this section of the amendment to be 

no less effective than the Federal 

regulations. We, therefore, are 

approving it. 

NDAC 69–05.2–06–01 Permit 

Applications—Identification of Interests 

and NDAC 69–05.2–06–02 Permit 

Applications—Compliance Information 

North Dakota proposed to add 

subsection 2 of NDAC 69–05.2–06–01, 

which addresses business entity 

information, and subsection 6 of NDAC 

69–05.2–06–02, which addresses 

violation information, to make their 

rules consistent with 30 CFR 778.9. The 

proposed amendments to each 

subsection are similar to each other. 

This duplication of rules is necessary 

due to the structure of the North Dakota 

Administrative code, which is divided 

into a section for permit/mining history 

information requirements and a section 

for requirements regarding 

identification of interests in the area 

surrounding a proposed surface coal 

mine permit. 

These two subsections of the rules 

state that an applicant must certify that 

information recorded in the AVS system 

is accurate, complete and up to date and 

states that necessary information must 

be submitted and affirmed by the 

applicant if it is not accurate, complete 

and up to date. There are also 

regulations included in the two 

subsections that state that a central file 

containing an applicant’s business 

entity identity information will be 

created in AVS by the Commission and 

provides that the file will be open to the 

public. The rules also require the 

applicant to file a copy of the 

information with the county auditor 

where the surface coal mining is 

proposed. 

Based on the discussion above and 

because these proposed rules contain 

language that is the same as or similar 

to the corresponding Federal 

regulations, at 30 CFR 778.9, we find 

that they are consistent with and no less 

effective than the corresponding Federal 

regulations. We, therefore, are 

approving them. 

NDAC 69–05.2–10–01 Permit 

Applications—Public Notices of Filing 

and Entering Data Into the Applicant 

Violation System 

North Dakota proposed an addition to 

NDAC Section 69–05.2–10–01 which 

defines what the AVS system is and 

requires that information from a permit 

application deemed complete be entered 

into the database, and that new 

information from the permit review 

process be updated in the database as it 

is submitted to the Commission. This 

portion of the amendment is 

substantially the same as the 

counterpart Federal regulations and 

Federal definition of AVS found at 30 

CFR 773.4. 

North Dakota’s proposed language at 

NDAC 69–05.2–10–01(7) states that 

business entity information must be 

entered into AVS according to 

requirements in NDAC 69–05.2–06–01. 

This language is consistent with 

OSMRE’s rules which state that 

information from 30 CFR 778.11 

(Providing applicant and operator 

information) must be submitted along 

with information pertaining to 

778.12(c). 

The proposed language also states that 

information pertaining to unabated or 

uncorrected violations must be entered 

into the database according to NDAC 

69–05.2–06–02, which is consistent 

with the Federal reference to 30 CFR 

773.8(b)(2). North Dakota’s proposed 

language stipulates that information 

entered into AVS according to NDAC 

69–05.2–10–01(7)(a) must be updated 

throughout the permit review process as 

new information becomes available. 

This language is consistent with the 

Federal Regulation that outlines the 

same requirement in 30 CFR 773.8. 

North Dakota proposes to add NDAC 

69–05.2–10–01(8), which is consistent 

with 30 CFR 773.9. This part states that 

prior to a permit eligibility 

determination, information in AVS and 

from other sources will be reviewed to 

make ownership and control findings. 

The language contained in this part 

indicates that review of this information 

is necessary to make a permit eligibility 

determination based on subsections 1 

through 5 of NDAC 69–05.2–10–03. This 

proposed addition is substantially the 

same as the relevant portions of the 

counterpart Federal regulations at 30 

CFR 773.8 and 773.9. 

North Dakota also proposed 

additional language to NDAC 69–05.2– 

10–01(9). These regulations in the North 

Dakota program, which are the 

counterparts to 30 CFR 773.10, state that 

permit eligibility will be dependent 

upon review of an applicant’s and 

operator’s permit history and mining 

experience. The North Dakota Rules 

state that the Commission rather than 

the regulatory authority (as stated in the 

Federal counterpart) will rely on 

information that the applicant submits, 

because the Commission is the 

regulatory authority within the state of 

North Dakota with jurisdiction over 

permit applications. North Dakota 

references NDAC Section 69–05.2–06– 

01 which details the required 

information to be submitted into the 

AVS whereas the Federal Regulation 

references 30 CFR 778.12. NDAC 69– 

05.2–06–01 is consistent with 30 CFR 

778.12 and is therefore the appropriate 

counterpart reference. This proposed 

addition is substantially the same as the 

counterpart Federal Regulation. 

North Dakota proposes to revise 

NDAC 69–05.2–10–01(10) which is the 

counterpart to 30 CFR 773.11. The 

Federal counterpart regulation states 

that this requirement pertains to 

compliance with SMCRA, ‘‘the State 

regulatory program’’ and ‘‘other 

applicable air or water quality laws.’’ 

This amendment states that the 

Commission will review an applicant’s 

and operator’s history, relying on 

information both in AVS and submitted 

by the applicant, to determine whether 

any laws or rule of North Dakota, 

SMCRA, or ‘‘any law or rule in any state 

enacted under federal law or regulation 

pertaining to air, water or 

environmental protection have been 

violated in connection with any surface 

coal mining and reclamation operation.’’ 

We find that North Dakota’s broad 

interpretation of ‘‘other applicable air or 

water quality laws’’ is consistent with 

and no less effective than the Federal 

Regulation. 

North Dakota references NDAC 69– 

05.2–06–02 for the information the 

applicant submits whereas the Federal 

Regulation references 30 CFR 778.14. 

Subsections 1 through 5 of NDAC 69– 

05.2–10–03 are referenced in place of 30 

CFR 773.12. All references to the NDAC 

are consistent with the referenced 

Federal regulations and are therefore the 

appropriate counterpart references. This 

proposed addition, as with the other 

provisions, is consistent with and no 

less effective than the counterpart 


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74616 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations 

Federal regulations. We, therefore, are 

approving this portion of the 

amendment. 

NDAC 69–05.2–10–03 Permit 

Applications—Criteria for Permit 

Approval or Denial 

North Dakota proposed to add 

language to subsection 5 of NDAC 69– 

05.2–10–03 in order to make it 

consistent with the Federal counterpart 

rule at 30 CFR 773.12. This part states 

that the Commission will request a 

compliance history report from AVS to 

determine permit eligibility based on 

unabated or uncorrected violations, and 

that if the permit is denied the applicant 

will receive a written explanation and 

notification of appeal rights under North 

Dakota’s appellate process. In this 

section of its rules, North Dakota 

provides reference to both subsection 2 

of NDAC 69–05.2–06–01 and to 

subsection 6 of NDAC 69–05.2–06–02 

regarding new information which is 

required to be submitted, both of which 

are the counterparts to Federal 

regulations at 30 CFR 778.9(d). This 

revised provision is consistent with and 

no less effective than Federal Regulation 

30 CFR 773.12. Therefore, we are 

approving this portion of the 

amendment. 

NDAC 69–05.2–10–07 Permit 

Applications—Challenges to Ownership 

or Control Listings and Findings 

North Dakota proposed to add NDAC 

69–05.2–10–07 to make its rules 

consistent with 30 CFR 773.25, 773.26, 

773.27, and 773.28. This section of the 

North Dakota rules addresses who may 

challenge ownership and control 

listings and findings, what evidence 

must be submitted under such a 

challenge, how the Commission makes 

a decision about ownership and control 

listings and findings, how to submit 

appeals regarding ownership and 

control findings, and how the AVS 

system is used to facilitate deliberation 

of ownership and control. 

With one exception, the language 

contained in this amendment is 

substantially the same as the 

counterpart Federal regulations. North 

Dakota did not include certain 

counterpart language included in 30 

CFR 773.27(b) in its proposed rule. 30 

CFR 773.27(b) states that the materials 

presented in connection with a 

challenge to ownership and control 

listings and findings will become part of 

a permit file, an investigation file, or 

another publically available file. 

However, this amendment does not 

explicitly provide that the information 

submitted under this subpart will 

become publicly available. In lieu of 

explicitly stating this requirement, 

North Dakota elected to refer to its open 

records statute at North Dakota Century 

Code (NDCC) 44–04–18 which states 

‘‘except as otherwise specifically 

provided by law, all records of a public 

entity are public records.’’ There is no 

specific exception in this section of 

NDCC which would apply to challenges 

to AVS findings. Additionally, North 

Dakota has specifically stated that the 

information submitted in connection 

with a challenge to AVS findings in the 

state will be publically available upon 

approval of this amendment unless a 

request is made to hold certain 

information as confidential. Thus, we 

find this provision to be consistent with 

the Federal Regulation. 

The Federal Regulation at 30 CFR 

773.27(b) states that the regulatory 

authority upon request will hold as 

confidential any information submitted 

in an ownership and control challenge 

which is not required to be made 

available to the public under 30 CFR 

840.14, which references 772.15(b) and 

773.6(d). 30 CFR 772.15 states that the 

regulatory authority shall keep 

information confidential if the person 

submitting it requests in writing, at the 

time of submission, that it be kept 

confidential and the information 

concerns trade secrets or is privileged 

commercial or financial information 

relating to the competitive rights of the 

persons intending to conduct coal 

exploration. Under 30 CFR 773.6(d), 

certain chemical analyses of coal, 

archaeological resources, and 

information submitted under Section 

508 of SMCRA are also listed as 

potential confidential information. 

Similarly, North Dakota has provisions 

under subsection 3 of North Dakota 

Century Code Section 38–14.1–13 to 

hold confidential information which 

pertains only to the analysis of the 

chemical and physical properties of the 

coal. NDAC 69–05.2–10–07(7) states 

that a request to hold materials 

submitted under this section as a trade 

secret may be made to the commission 

following the procedures of North 

Dakota Administrative Code chapter 69– 

02–09. Thus, we find that North 

Dakota’s rule at NDAC 69–05.2–10–07 is 

consistent with and no less effective 

than Federal regulations at 30 CFR 

773.25, 773.26, 773.27, and 773.28. 

Therefore, we are approving this portion 

of the amendment. 

NDAC 69–05.2–10–08 Permit 

Applications—Commission Actions 

Related to Ownership and Control 

Information After Permit Issuance 

North Dakota proposed to add NDAC 

Section 69–05.2–10–08 to its rules to 

make them consistent with 30 CFR 

774.11. This Rule addresses permit 

eligibility determinations. It states how 

information must be entered into AVS 

and that AVS will be used to discover 

any unabated violations permittees and 

owners/controllers have with other 

mines that they own or control. It also 

includes information about how 

permanent permit ineligibility findings 

can be made by the Commission, what 

these findings are based on, and the due 

process under which such findings are 

made. This proposed addition to North 

Dakota’s Rules is consistent with and no 

less effective than the counterpart 

Federal Regulation at 30 CFR 774.11. 

We, therefore, are approving it. 

NDAC 69–05.2–10–09 Permit 

Applications—Ownership and Control 

Requirements for Permittees After 

Permit Issuance 

North Dakota proposed to add NDAC 

Section 69–05.2–10–09 to make its rules 

consistent with 30 CFR 774.12 and 

778.11(d) to include all applicable 

provisions in the Federal counterpart 

rules. This new section states that a 

permittee must update pertinent 

information required by NDAC 69–05.2– 

06–01 after either receiving a cessation 

order or if there is a change to any 

position of any person who has 

ownership or control of the applicant 

identified in subdivision e of subsection 

1 of NDAC 69–05.2–06–01, whose 

Federal counterpart rule is 30 CFR 

778.11. 

The North Dakota rule language at 

NDAC 69–05.2–10–09 provides State 

counterpart language to 30 CFR 

778.11(d), which is referenced in 30 

CFR 774.12(c)(1). In subsection 3, North 

Dakota listed the requirements in their 

proposed language regarding 

information which must be provided 

after a change in ownership or control 

of the applicant. The list of 

requirements proposed by North Dakota 

in subsection 3 is identical to those 

referred to in the counterpart Federal 

regulations, located at 30 CFR 778.11(d). 

The proposed North Dakota rules are 

consistent with and no less effective 

than the counterpart Federal regulations 

at 30 CFR 774.12 and 778.11(d). Thus, 

we are approving it. 

B. Revisions to North Dakota’s Rules 

With No Corresponding Federal 

Regulations 

NDAC 69–05.2–05–02 Permit 

Applications—General Requirements for 

Format and Contents 

North Dakota proposed to add 

stipulations to its rules which outline 

requirements for electronic permit 


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submittals. Additionally, North Dakota 

is adding a requirement that permit 

submissions made electronically use 

underline and strikethrough to display 

proposed changes. OSMRE recognizes 

that the format of electronic permit 

submissions which are received from 

coal operators can be highly variable 

and that there are no specific standards 

in the Federal regulations which require 

certain formats for information 

submittal by electronic means. North 

Dakota’s proposal to add specificity to 

their rules by incorporating these 

detailed requirements does not conflict 

with and is no less effective than the 

Federal Program. We, therefore, are 

approving it. 

IV. Summary and Disposition of 

Comments 

Public Comments 

We asked for public comments on the 

amendment (Administrative Record 

Document ID No. OSM–2012–0021– 

0001), but did not receive any. 

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 

Document ID No. OSM–2012–0021– 

0005). 

We received one response letter, 

dated December 7, 2012, from the 

Bureau of Land Management stating that 

they had no comments (Administrative 

Record Document ID No. OSM–2012– 

0021–0005). 

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 Clean Water 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 pertain to air or water 

quality standards. Therefore, we did not 

ask EPA to concur on the amendment. 

Under 30 CFR 732.17(h)(11)(i), OSMRE 

requested comments on the amendment 

from EPA (Administrative Record 

Document ID No. OSM–2012–0021– 

0005). EPA did not respond to our 

request. 

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 November 28, 2012, we 

requested comments on North Dakota’s 

amendment (Administrative Record 

Document ID No. OSM–2012–0021– 

0005), but neither responded to our 

request. OSMRE does not believe this 

amendment will have an effect on 

historic properties given that it outlines 

a purely administrative process and will 

not affect any on-the-ground activities 

on surface coal mining and reclamation 

operations in the state of North Dakota, 

however we requested comments 

nonetheless. 

V. OSMRE’s Decision 

Based on the above findings, we 

approve North Dakota’s November 14, 

2012 amendment ND–052–FOR. North 

Dakota has met all of the conditions 

outlined in the October 2, 2009 

732.17(c) letter and has included all 

applicable revisions and/or additions to 

their rules. 

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 

OSMRE. 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, 


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74618 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations 

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) 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: July 1, 2014. 

Ervin Barchenger, 

Acting Director, Western Region. 

Editorial note: This document was 

received for publication by the Office of 

Federal Register on December 10, 2014. 

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 

*******

November 14, 2012 ............................................................ December 16, 2014 ........................................................... NDAC 69–05.2–05–02 

NDAC 69–05.2–05–08 

NDAC 69–05.2–06–01 

NDAC 69–05.2–06–02 

NDAC 69–05.2–10–01 

NDAC 69–05.2–10–03 

NDAC 69–05.2–10–07 

NDAC 69–05.2–10–08 

NDAC 69–05.2–10–09 

■ 3. Section 934.16 is republished to 

read as follows: 

§ 934.16 Required program amendments. 

Pursuant to 30 CFR 732.17(f)(1), North 

Dakota is required to submit to OSM by 

the specified date the following written, 

proposed program amendment, or a 

description of an amendment to be 

proposed that meets the requirements of 

SMCRA and 30 CFR Chapter VII and a 

timetable for enactment that is 

consistent with North Dakota’s 

established administrative or legislative 

procedures. 

(a)–(cc) [Reserved] 

[FR Doc. 2014–29384 Filed 12–15–14; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF COMMERCE 

United States Patent and Trademark 

Office 

37 CFR Part 1 

[Docket No. PTO–P–2014–0058] 

2014 Interim Guidance on Patent 

Subject Matter Eligibility 

AGENCY: United States Patent and 

Trademark Office, Commerce. 


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