Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Rules and Regulations 30959 

location. All other systems on annual 

monitoring and subpart H systems 

serving 500–3,300 are required to take 

individual TTHM and HAA5 samples 

(instead of a dual sample set) at the 

locations with the highest TTHM and 

HAA5 concentrations, respectively. For 

systems serving fewer than 500 people, 

only one location with a dual sample set 

per monitoring period is needed if the 

highest TTHM and HAA5 

concentrations occur at the same 

location and month. 

* * * * * 

■ 11. Section 141.704 is amended by 

revising paragraphs (a) introductory text 

and (b) introductory text to read as 

follows: 

§ 141.704 Analytical methods. 

(a) Cryptosporidium. Systems must 

analyze for Cryptosporidium using 

Method 1623: Cryptosporidium and 

Giardia in Water by Filtration/IMS/FA, 

2005, United States Environmental 

Protection Agency, EPA–815–R–05–002 

or Method 1622: Cryptosporidium in 

Water by Filtration/IMS/FA, 2005, 

United States Environmental Protection 

Agency, EPA–815–R–05–001, which are 

incorporated by reference, or alternative 

methods listed in Appendix A to 

subpart C of this part. The Director of 

the Federal Register approves this 

incorporation by reference in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. You may obtain a copy of 

these methods online from http:// 

www.epa.gov/safewater/disinfection/lt2 

or from the United States Environmental 

Protection Agency, Office of Ground 

Water and Drinking Water, 1201 

Constitution Ave., NW., Washington, 

DC 20460 (Telephone: 800–426–4791). 

You may inspect a copy at the Water 

Docket in the EPA Docket Center, 1301 

Constitution Ave., NW., Washington, 

DC (Telephone: 202–566–2426) or at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/

federal_register/

code_of_federal_regulations/

ibr_locations.html. 

* * * * * 

(b) E. coli. System must use methods 

for enumeration of E. coli in source 

water approved in § 136.3(a) of this 

chapter or alternative methods listed in 

Appendix A to subpart C of this part. 

* * * * * 

PART 143—NATIONAL SECONDARY 

DRINKING WATER REGULATIONS 

■ 12. The authority citation for part 143 

continues to read as follows: 

Authority: U.S.C. 300f, 300g–1, 300g–2, 

300g–3, 300g–4, 300g–5, 300g–6, 300j–4, 

300j–9, and 300j–11. 

■ 13. Section 143.4 is amended by 

revising the introductory text preceding 

the table in paragraph (b) to read as 

follows: 

§ 143.4 Monitoring. 

* * * * * 

(b) Measurement of pH, copper and 

fluoride to determine compliance under 

§ 143.3 may be conducted with one of 

the methods in § 141.23(k)(1). Analyses 

of aluminum, chloride, foaming agents, 

iron, manganese, odor, silver, sulfate, 

total dissolved solids (TDS) and zinc to 

determine compliance under § 143.3 

may be conducted with the methods in 

the following table or alternative 

methods listed in Appendix A to 

subpart C of part 141. Criteria for 

analyzing aluminum, copper, iron, 

manganese, silver and zinc samples 

with digestion or directly without 

digestion, and other analytical test 

procedures are contained in Technical 

Notes on Drinking Water Methods, EPA– 

600/R–94–173, October 1994. This 

document is available from the National 

Service Center for Environmental 

Publications (NSCEP), P.O. Box 42419, 

Cincinnati, OH 45242–0419 or http:// 

www.epa.gov/nscep/. 

* * * * * 

[FR Doc. E9–14598 Filed 6–26–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 3830 

[LLWO3200000–L1999000.PP0000] 

RIN 1004–AE09 

Required Fees for Mining Claims or 

Sites 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Final rule. 

SUMMARY: The Bureau of Land 

Management (BLM) is promulgating this 

final rule to make statutorily authorized 

adjustments to its location and 

maintenance fees for unpatented mining 

claims, mill sites, and tunnel sites. 

These adjustments reflect changes in the 

Consumer Price Index (CPI), which is 

published by the Bureau of Labor 

Statistics. 

DATES: The final rule is effective June 

29, 2009. 

ADDRESSES: You may mail inquiries to 

the Bureau of Land Management—Solid 

Minerals Division, Room 501 LS, 1849 

C Street, NW., Washington, DC 20240– 

0001. 

FOR FURTHER INFORMATION CONTACT: Rick 

Deery in the Solid Minerals Division at 

(202) 452–0353. For assistance in 

reaching Mr. Deery, persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

Relay Service at 1 (800) 877–8339, 24 

hours a day, 7 days a week. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Discussion of the Final Rule 

III. Procedural Matters 

I. Background 

The Mining Law of 1872 allows 

individuals and corporations to 

prospect for mineral deposits in public 

lands, and stake (or ‘‘locate’’) a claim on 

the deposits discovered. Historically, 

annual assessment work and related 

filings have been required by statute in 

order to maintain an unpatented mining 

claim or site. 30 U.S.C. 28–28e; 43 

U.S.C. 1744(a) and (c). 

Beginning in fiscal year 1993, mining 

claimants have been required to pay an 

annual ‘‘maintenance’’ fee in lieu of 

performing annual assessment work and 

making annual filings. Mining claimants 

locating new claims or sites must also 

pay a one-time location fee. See 30 

U.S.C. 28f–28k. 

This rule implements 30 U.S.C. 28j(c), 

which authorizes adjustments to the 

location and annual maintenance fees 

‘‘to reflect changes in the Consumer 

Price Index published by the Bureau of 

Labor Statistics of the Department of 

Labor every 5 years after August 10, 

1993, or more frequently if the Secretary 

determines an adjustment to be 

reasonable.’’ Section 28j(c) also requires 

that mining claimants be provided 

‘‘notice of any adjustment made under 

this subsection not later than July 1 of 

any year in which the adjustment is 

made,’’ and that any fee adjustment 

‘‘shall begin to apply the first 

assessment year which begins after 

adjustment is made.’’ 

As enacted in 1993, the one-time 

location fee was $25, and the annual 

maintenance fee was $100 per mining 

claim or site. In 2004, the BLM 

increased the amount of the location 

and maintenance fees to $30 and $125 

respectively, based on the change in the 

CPI from September 1, 1993 to 

December 31, 2003. 69 FR 40294–40296 


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30960 Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Rules and Regulations 

(July 1, 2004). The BLM has not 

adjusted the location and maintenance 

fees since 2004, but has promulgated 

two rules that have affected other 

aspects of the table of charges and fees 

at 43 CFR 3830.21, the regulation that is 

amended in this rule. For example, a 

new regulation issued in 2005 (43 CFR 

3000.12) provides for a variety of 

processing fees, some of which are 

included in the table at section 3830.21. 

70 FR 58873 (Oct. 7, 2005); see also 72 

FR 50882 (Sept. 5, 2007). 

The adjustments made in this rule are 

based upon the change in the CPI from 

December 31, 2003 to December 31, 

2008, as reported by the Bureau of Labor 

Statistics in the CPI Detailed Report, 

Data for December 2008, Table 24C. 

Historical Chained Consumer Price 

Index for All Urban Consumers (C–CP– 

U): U.S. city average, all items (http:// 

www.bls.gov/cpi/cpid0812.pdf). The 

calculated change is 11.93 percent from 

December 31, 2003 through December 

31, 2008. A calculated value for the fees 

was obtained by inflating the location 

and maintenance fees established in the 

2004 rulemaking by 11.93 percent. 

The new location fee is $34, and the 

new maintenance fee is $140 per mining 

claim or site. The new location fee is 

based on rounding the calculated value 

to the nearest $1. The maintenance fee 

is based on rounding the calculated 

value to the nearest $5. 

Mining claimants must pay the new 

location fee for any mining claim or site 

located after the effective date of this 

final rule. Mining claimants must pay 

the new maintenance fee to maintain 

mining claims and sites starting from 

the 2010 maintenance year. These fees 

are due on or before September 1, 2009. 

Under 43 CFR 3834.23, mining 

claimants who have already submitted 

maintenance fees for the 2010 

maintenance year will be given an 

opportunity to pay the additional 

amount without penalty upon notice 

from BLM. 

II. Discussion of the Final Rule 

The BLM is adopting this final rule 

solely to adjust the location and 

maintenance fee amounts in section 

3830.21. The BLM for good cause finds 

under 5 U.S.C. 553(b)(3)(B) that notice 

and an opportunity for public comment 

for this rule are unnecessary, and that 

this rule may properly take effect upon 

publication. The reason is that this rule 

implements a statutory requirement to 

adjust the location and annual 

maintenance fees at least every 5 years, 

and the last adjustment was made in 

2004. The statute specifies the method 

of calculation of the fee adjustments and 

prescribes the form and manner of 

notice of the fee adjustment. The BLM 

has no discretion to exercise in 

complying with this statutory mandate. 

The BLM also determines under 5 

U.S.C. 553(d) that there is good cause to 

place the rule into effect on the date of 

publication, because the adjustments 

made in the rule are explicitly 

authorized by statute. 

This final rule contains only the 

specific amendments necessary to 

conform to the requirements of the 

statute. The amendments appear as 

modifications of the fee transaction 

table at 43 CFR 3830.21 to change the 

amount of the location and annual 

maintenance fees required to be paid for 

each mining claim, mill site, or tunnel 

site. 

III. Procedural Matters 

Executive Order 12866, Regulatory 

Planning and Review 

In accordance with the criteria in 

Executive Order 12866, BLM has 

determined that this rule is not a 

significant regulatory action. 

• The rule will not have an annual 

effect on the economy of $100 million 

or more or adversely affect in a material 

way the economy, a sector of the 

economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or Tribal 

governments or communities. The fee 

adjustment does not change the 

substance of current mining claim 

administration within the BLM. The 

total amount of fees to be collected, 

including the effects of the adjustment, 

is estimated to be $61 million annually, 

of which approximately $7 million will 

be attributable to the adjustments made 

in this rule. 

• This rule will not create 

inconsistencies with other agencies’ 

actions. It does not change the 

relationships of the BLM to other 

agencies and their actions. 

• This rule will not materially affect 

entitlements, grants, loan programs, or 

the rights and obligations of their 

recipients. The rule does not address 

any of these programs. 

• This rule will not raise novel legal 

or policy issues because it makes no 

major substantive changes in the 

regulations. The Constitutionality of the 

location and maintenance fees has been 

challenged in the Federal courts. The 

courts have consistently upheld the fee 

legislation and implementing 

regulations. 

Regulatory Flexibility Act 

The BLM certifies that this rule will 

not have a significant economic effect 

on a substantial number of small entities 

as defined under the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) The 

rule will have a minor impact because 

the fees paid by small entities will be 

adjusted. However, the fee adjustment is 

authorized by statute and the BLM has 

no discretion in the form or manner of 

making the adjustments. A final 

Regulatory Flexibility Analysis is not 

required, and a Small Entity 

Compliance Guide is not required. For 

the purposes of this section a ‘‘small 

entity’’ is an individual, limited 

partnership, or small company, at 

‘‘arm’s length’’ from the control of any 

parent companies, with fewer than 500 

employees for business concerns 

engaged in mining or less than $7 

million in revenue for business 

concerns providing support activities 

for mining. This definition accords with 

Small Business Administration 

regulations at 13 CFR 121.201. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: 

• Will not have an annual effect on 

the economy of $100 million or more. 

The revised regulation will not 

materially alter current BLM policy. The 

fee adjustments are authorized by 

statute. The total amount of fees 

collected, including the effects of the 

adjustment, is estimated to be $61 

million annually, of which $7 million is 

attributable to the adjustments made in 

this rule. 

• Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

• Will not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

Unfunded Mandates Reform Act 

In accordance with the Unfunded 

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

seq.): 

• This rule will not ‘‘significantly or 

uniquely’’ affect small governments. A 

Small Government Agency Plan is 

unnecessary. 

• This rule will not produce a Federal 

mandate of $100 million or greater in 

any year. It is not a ‘‘significant 

regulatory action’’ under the Unfunded 

Mandates Reform Act. The changes 

implemented in this rule do not require 

anything of any non-Federal 

governmental entity. 


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Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Rules and Regulations 30961 

Executive Order 12630, Takings 

In accordance with Executive Order 

12630, the BLM finds that the rule does 

not have takings implications. A takings 

implication assessment is not required. 

This rule does not substantially change 

BLM policy. Nothing in this rule 

constitutes a taking. The Federal courts 

have heard a number of suits 

challenging the imposition of the rental 

and maintenance fees as a taking of a 

right, or, alternatively, as an 

unconstitutional tax. The courts have 

upheld the fee legislation and the BLM 

regulations as a proper exercise of 

Congressional and Executive 

authorities. 

Executive Order 13132, Federalism 

The final rule will not have a 

substantial direct effect 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. Therefore, in 

accordance with Executive Order 13132, 

the BLM has determined that the final 

rule does not have sufficient Federalism 

implications to warrant preparation of a 

Federalism Assessment. 

Executive Order 12988, Civil Justice 

Reform 

In accordance with Executive Order 

12988, the BLM has determined that the 

rule does not unduly burden the judicial 

system and therefore meets the 

requirements of sections 3(a) and 3(b)(2) 

of the Order. The BLM consulted with 

the Department of the Interior’s Office of 

the Solicitor during the drafting process. 

Paperwork Reduction Act 

The Office of Management and Budget 

has approved the information collection 

requirements in the regulation that this 

final rule is amending, under the 

Paperwork Reduction Act of 1995, 44 

U.S.C. 3501 et seq., and has assigned 

clearance number 1004–0114. 

National Environmental Policy Act 

The BLM has determined that this 

final rule is of a procedural nature, and 

part of the routine administration of the 

fee legislation. Therefore, this rule is 

categorically excluded from 

environmental review under Section 

102(2)(C) of the National Environmental 

Policy Act, pursuant to 43 CFR 

46.210(i). In addition, this rule does not 

present any of the 12 extraordinary 

circumstances listed in 43 CFR 46.215. 

Pursuant to the Council on 

Environmental Quality regulations (40 

CFR 1508.4) and 43 CFR 46.205, the 

term ‘‘categorical exclusion’’ means a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment and that have been found 

to have no such effect in procedures 

adopted by a Federal agency and for 

which neither an environmental 

assessment nor an environmental 

impact statement is required. 

Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

In accordance with Executive Order 

13175, we have considered the impact 

of this rule on the interests of Tribal 

governments. Because this rule does not 

specifically involve Indian reservation 

lands, government-to-government 

relationships will remain unaffected. 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not a significant energy 

action. It will not have an adverse effect 

on energy supplies. To the extent that 

the rule affects the mining of energy 

minerals (i.e., uranium and other 

fissionable metals), the rule applies only 

a statutory adjustment of the mining 

claim location and maintenance fees 

that the BLM has been collecting for 

many years. It will not significantly 

change financial obligations of the 

mining industry. 

Authors 

The principal author of this final rule 

is Rick Deery in the Solid Minerals 

Division, Washington Office, BLM, 

assisted by Jean Sonneman in the 

Regulatory Affairs Division, Washington 

Office, BLM. 

List of Subjects in 43 CFR Part 3830 

Land Management Bureau, Mineral 

royalties, Mines, Public lands—mineral 

resources, Reporting and recordkeeping 

requirements, Maintenance fees. 

■ For the reasons stated in the preamble, 

and under the authority of 30 U.S.C. 

28f–28k, as amended by Public Law 

110–161, Division F, part 3830, Group 

3800, Subchapter C, Chapter II of Title 

43 of the Code of Federal Regulations is 

amended as follows: 

PART 3830—LOCATION OF MINING 

CLAIMS 

■ 1. The authority citation for part 3830 

continues to read as follows: 

Authority: 18 U.S.C. 1001, 3571; 30 U.S.C. 

22 et seq., 242, 611; 31 U.S.C. 9701; 43 U.S.C. 

2, 1201, 1212, 1457, 1474, 1701 et seq.; 44 

U.S.C. 3501 et seq.; 115 Stat. 414. 

Subpart D—BLM Service Charge and 

Fee Requirements 

■ 2. Revise § 3830.21 to read as follows: 

§ 3830.21 What are the different types of 

service charges and fees? 

The following table lists service 

charges, maintenance fees, location fees, 

and oil shale fees (all cross-references 

refer to this chapter): 

Transaction Amount due per mining claim or site Waiver available 

(a) Recording a mining claim or site location (part 

3833).

(1) A total sum which includes .................................. No. 

(i) the processing fee for notices of location found in 

the fee schedule in § 3000.12 of this chapter.

(ii) A one-time $34 location fee.

(iii) An initial $140 maintenance fee.

(b) Amending a mining claim or site location 

(§ 3833.20).

The processing fee for amendment of location found 

in the fee schedule in § 3000.12 of this chapter.

No. 

(c) Transferring a mining claim or site (§ 3833.30) ..... The processing fee for transfer of mining claim/site 

found in the fee schedule in § 3000.12 of this 

chapter.

No. 

(d) Maintaining a mining claim or site for one assessment year (part 3834).A $140 annual maintenance fee ............................... Yes, see part 3835. 

(e) Recording an annual FLPMA filing (§ 3835.30) .... The processing fee for recording an annual FLPMA 

filing found in the fee schedule in § 3000.12 of 

this chapter.

No . 


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30962 Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Rules and Regulations 

Transaction Amount due per mining claim or site Waiver available 

(f) Submitting a petition for deferment of assessment 

work (§ 3836.20).

The processing fee for deferment of assessment 

work found in the fee schedule in § 3000.12 of 

this chapter.

No. 

(g) Maintaining an oil shale placer mining claim 

(§ 3834.11(b)).

An annual $550 fee ................................................... No. 

(h) Recording a notice of intent to locate mining 

claims on Stockraising Homestead Act Lands (part 

3838).

The filing fee for recording a notice of intent to locate mining claims on Stock Raising Homestead 

Act Lands found in the fee schedule in § 3000.12 

of this chapter.

No. 

Dated: June 18, 2009. 

Ned Farquhar, 

Acting Assistant Secretary of the Interior, 

Land and Minerals Management. 

[FR Doc. E9–15248 Filed 6–26–09; 8:45 am] 

BILLING CODE 4310–84–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2008–0020] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Modified Base (1% annualchance) Flood Elevations (BFEs) are 

finalized for the communities listed 

below. These modified BFEs will be 

used to calculate flood insurance 

premium rates for new buildings and 

their contents. 

DATES: The effective dates for these 

modified BFEs are indicated on the 

following table and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

for the listed communities prior to this 

date. 

ADDRESSES: The modified BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: 

William R. Blanton Jr., Engineering 

Management Branch, Mitigation 

Directorate, Federal Emergency 

Management Agency, 500 C Street, SW., 

Washington, DC 20472, (202) 646–3151. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below for the modified BFEs for 

each community listed. These modified 

BFEs have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Assistant 

Administrator for Mitigation has 

resolved any appeals resulting from this 

notification. 

The modified BFEs are not listed for 

each community in this notice. 

However, this final rule includes the 

address of the Chief Executive Officer of 

the community where the modified 

BFEs determinations are available for 

inspection. 

The modified BFEs are made pursuant 

to section 206 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4105, 

and are in accordance with the National 

Flood Insurance Act of 1968, 42 U.S.C. 

4001 et seq., and with 44 CFR part 65. 

For rating purposes, the currently 

effective community number is shown 

and must be used for all new policies 

and renewals. 

The modified BFEs are the basis for 

the floodplain management measures 

that the community is required to either 

adopt or to show evidence of being 

already in effect in order to qualify or 

to remain qualified for participation in 

the National Flood Insurance Program 

(NFIP). 

These modified BFEs, together with 

the floodplain management criteria 

required by 44 CFR 60.3, are the 

minimum that are required. They 

should not be construed to mean that 

the community must change any 

existing ordinances that are more 

stringent in their floodplain 

management requirements. The 

community may at any time enact 

stricter requirements of its own, or 

pursuant to policies established by other 

Federal, State, or regional entities. 

These modified BFEs are used to meet 

the floodplain management 

requirements of the NFIP and are also 

used to calculate the appropriate flood 

insurance premium rates for new 

buildings built after these elevations are 

made final, and for the contents in these 

buildings. The changes in BFEs are in 

accordance with 44 CFR 65.4. 

National Environmental Policy Act. 

This final rule is categorically excluded 

from the requirements of 44 CFR part 

10, Environmental Consideration. An 

environmental impact assessment has 

not been prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This final rule involves no policies that 

have federalism implications under 

Executive Order 13132, Federalism. 

Executive Order 12988, Civil Justice 

Reform. This final rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 65 

Flood insurance, Floodplains, 

Reporting and recordkeeping 

requirements. 

■ Accordingly, 44 CFR part 65 is 

amended to read as follows: 

PART 65—[AMENDED] 

■ 1. The authority citation for part 65 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376. 

§ 65.4 [Amended] 

■ 2. The tables published under the 

authority of § 65.4 are amended as 

follows: 


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