        SURFACE TRANSPORTATION BOARD
        49 CFR Parts 1002, 1012, 1104, 1110, 1111, 1113, 1130, 1132, 1150, 1152, 1155, 1182, 1244, 1312, and 1313
        [Docket No. EP 747]
        Payment, Filing, and Service Procedures

          AGENCY:
          Surface Transportation Board.

          ACTION:
          Notice of proposed rulemaking.

          SUMMARY:
          The Surface Transportation Board (Board) proposes to modify its rules pertaining to certain payment, filing, and service procedures. Many of these rules are outdated and do not reflect current technology. As explained in this notice of proposed rulemaking (NPRM), the Board proposes updating its regulations relating to methods of payment, filing procedures, electronic service of Board decisions, and fees for copying, printing, and related services. The proposed updates are intended to promote increased use of electronic filing and payment systems and result in cost savings to both the Board and the public, while enhancing the accessibility of information relating to proceedings and functions of the Board.

          DATES:
          Comments are due by September 24, 2018.

          ADDRESSES:

          Comments may be submitted either via the Board's e-filing format or in paper format. Any person using e-filing should attach a document and otherwise comply with the instructions found on the Board's website at “www.stb.gov” at the “E-FILING” link. Any person submitting a filing in paper format should send an original and 10 paper copies of the filing to: Surface Transportation Board, Attn: Docket No. EP 747, 395 E Street SW, Washington, DC 20423-0001. Written comments and replies will be posted on the Board's website and can also be obtained by contacting the Office of Public Assistance, Governmental Affairs, and Compliance (OPAGAC) at RCPA@stb.gov or (202) 245-0238.

          FOR FURTHER INFORMATION CONTACT:
          Sarah Fancher, (202) 245-0355. Assistance for the hearing impaired is available through Federal Information Relay Service (FIRS) at (800) 877-8339.

        SUPPLEMENTARY INFORMATION:

        The Board proposes to modify and update its rules pertaining to certain payment, filing, and service procedures. The Board proposes to update these rules pursuant to a recommendation of its Regulatory Reform Task Force (RRTF), which was established to comply with the spirit of Executive Order 13,777. The RRTF's mission is to identify Board rules and practices that are burdensome, unnecessary, or outdated and to recommend how they should be addressed. See Regulatory Reform Task Force, EP 738 (STB served June 20, 2017). In a status report issued in May 2017, the RRTF identified the Board's payment and filing procedures as a potential area for reform and, following stakeholder input, recommended in its November 2017 status report that the Board update procedural and filing rules that are in need of modernization.1
           As explained further below, the Board proposes changes relating to methods of payment, filing procedures, electronic service of Board decisions, and fees for copying, printing, and related services.

            1 These status reports can both be accessed on the Board's website at https://www.stb.gov/stb/about/RRTF.html.

        Methods of Payment.
        a. Filing Fees (Generally Applicable)
        Currently, the Board's generally applicable regulation on filing fees provides that fees may be paid in one of the following manners: By billing account, check, money order, or credit card. 49 CFR 1002.2(a). That regulation further provides that, except as specified in section 1002.2, all filing fees are payable at the time and place that the document is tendered for filing. 49 CFR 1002.2(a)(1).
        The Board proposes two modifications to its generally applicable filing fee regulation at 49 CFR 1002.2. First, the Board proposes to add an electronic payment option at 49 CFR 1002.2(a). The electronic payment option would be a convenient and quick method for the payment of fees to the Board and would facilitate increased use of electronic filing (e-filing) as described below in the discussion of filing procedures.
        The Board would implement electronic payment through Pay.gov, a website operated by the Department of Treasury and used by many federal agencies.2
           The Pay.gov service is a “fast way to make secure electronic payments” to various federal agencies.3

          Pay.gov currently allows payment through the following four methods, all of which the Board would accept: Bank accounts, credit cards, debit cards with a MasterCard or Visa logo, and digital wallet.4

           As discussed below in the section on filing procedures, parties filing pleadings electronically would be required to submit payments electronically, and all other filers would be encouraged to do so. A link to Pay.gov would be available on the Board's website. In addition, the Pay.gov website would have a page for the Board, with links to make user fee payments.5
           Once filers access the Board's page on the Pay.gov website, specific instructions for processing payments would be provided.

            2 The Board may revise its electronic payment processing system in the future as new payment methods become available.

            3 Pay.gov, https://www.pay.gov/public/home (last visited May 2, 2018.)

            4 For more information on Pay.gov's methods of payment and limits on the maximum dollar amounts allowed for each method of payment, see https://www.pay.gov/WebHelp/HTML/about.html, and click on “About Payments.”

            5 The Pay.gov website lists all agencies that accept payments on Pay.gov and provides a link for forms to make various payments.

        Second, the Board proposes to eliminate the options of using billing accounts and making payments by credit card directly to the Board, although, as noted, parties will still be able to make credit card payments using Pay.gov.6
           Given the availability of electronic payments, billing accounts and payment by credit card directly to the Board are no longer necessary or efficient. These proposed changes would provide filers with a modern, efficient payment option, and, as described below, facilitate the increased use of electronic filing. In addition, the changes would ensure more timely payments of the Board's various fees, would provide a more secure method of payment, and would simplify the Board's accounting procedures. Under the proposed rules, those that have previously used accounts or paid by credit card directly to the Board would have the option of using the Board's electronic payment option (described above) or any of the Board's remaining payment methods (check or money order).

            6 The Board's regulations at 49 CFR 1002.1(h) state that the Board also accepts “currency . . . in accordance with 49 CFR 1002.2(a)(3).” However, § 1002.2(a)(3) provides that fees are to be paid by check or money order “payable in United States currency.” Therefore, to resolve this inconsistency, the Board proposes to remove “currency” from § 1002.1 to conform to § 1002.2(a).

        b. Filing Fees for Recordations
        The Board currently accepts payments associated with recordations of security interests 7

           in the same manner as noted above: By billing account, check, money order, or credit card. See 49 CFR 1002.2(a) (filing fees for documents submitted for recording may be charged to accounts); see also 49 CFR 1177.3. The Board proposes to modify this practice and the language at section 1002.2(a) to be consistent with the proposed changes described above. Although recordations can already be submitted to the Board through e-filing, these proposed changes are necessary for the Board to eliminate entirely the options of billing accounts and credit cards in order to simplify the Board's accounting procedures. As discussed below in the section on filing procedures, parties filing recordations electronically would be required to submit payments electronically; parties filing recordations in paper form would be encouraged to submit payments electronically as well.

            7 See 49 U.S.C. 11301(a) (requiring a security interest in “vessels, railroad cars, locomotives, or other rolling stock, or accessories used on such railroad cars, locomotives, or other rolling stock (including superstructures and racks), intended for a use related to interstate commerce” to be filed with the Board to perfect the security interest).

        c. Filing Fees for Water Carrier Tariffs and Contract Summaries

        The Board's regulations also establish the method of payment for filing water carrier tariffs and contract summaries. Specifically, the tariff or contract summary must be accompanied by the filing fee, the account number to be billed, or the credit card to be charged. 49 CFR 1312.4(a)(2)(iii), section 1313.4(a)(3)(iii); see also 49 CFR 1002.2(a) (filing fees for tariffs and contract summaries may be charged to accounts); section 1002.2(b) (providing that the Board may reject a tariff filing filed without the fee if the filer repeatedly fails to submit the appropriate fee).

        The Board proposes to make changes to these regulations to correspond to the changes described above that are being proposed for section 1002.2. The proposed regulations would eliminate the option of and references to billing accounts and payment by credit card directly to the Board, and would add an option of electronic billing through Pay.gov.8
           Although both water carrier tariffs and contract summaries are often already submitted electronically to the Board,9
           these changes are necessary for the Board to eliminate entirely the options of billing accounts and credit cards in order to simplify the Board's accounting procedures.

            8 The Board would also update an obsolete address at 49 CFR 1312.4, as well as an obsolete address and telephone number at 49 CFR 1012.2(a) and § 1012.3(b)(5). The Board also proposes to remove obsolete language in 49 CFR 1132.1.

            9 This decision does not propose to change how water carrier tariffs and contract summaries are currently submitted to the Board; rather, it would change only the available methods of payment. Persons who wish to pay the relevant fee using Pay.gov would, under this proposal, provide the transaction number (as described below in the section E-Filing) with their submission.

        Filing Procedures
        a. E-Filing
        The Board is also proposing changes to increase the use of e-filing. The Board's current filing procedures for pleadings, found at 49 CFR 1104.1 and described in more detail on the Board's website,10
           prohibit e-filing in three circumstances: (1) Initial filings in a proceeding; (2) any filings (except recordations) 11
           with associated fees; and (3) large filings in excess of 100 megabytes. If paper filings are submitted, the original and 10 copies must generally be submitted to the Board,12
           along with any required payment in the manner prescribed by 49 CFR 1002.2. The first and second of these limitations exist to allow the Board to confirm payment before it accepts a filing, while the third limitation exists due to file size limitations in the Board's e-filing program.

            10 Procedures regarding filing and payment can be found on the Board's website at www.stb.gov under the tab “E-Filing,” and also under the tab “Public Information” and then “Resources.” Under this proposal, the Board's website would continue to contain relevant filing and payment information.

            11 In addition to pleadings, recordations are currently submitted via e-filing. See 49 CFR 1177.2 (documents to be recorded may be submitted “via the Board's website”).

            12 The Board's regulations at 49 CFR 1104.3(a) require 10 copies, unless otherwise specifically directed by another Board regulation or notice in an individual proceeding.

        Under the proposal, e-filing would be permitted for all pleadings and recordations (100 megabytes or less). The proposed rules at section 1002.2(a) would require that any fees associated with e-filings be paid electronically, allowing the Board to confirm payment via its electronic payment processer when it receives an e-filing. These modifications would eliminate the need to require paper filings for initial pleadings and fee-related pleadings that are e-filed. The proposed rules at section 1104.1 would also be revised to reflect that change, and would direct filers to the Board's website for details regarding permissible formats, acceptable signature formats, and other information. However, the Board would continue to require that large filings in excess of 100 megabytes be filed in paper form at this time. The Board may also require alternative filing procedures in particular cases.

        To utilize e-filing, a filer would first pay any required fee via electronic payment on the Pay.gov website. Once the payment has been submitted, a confirmation email from Pay.gov would be sent containing a unique transaction number. The filer then would go to the Board's e-filing website to submit a filing. Once the filer has logged in, there would be a field for the filer to enter the transaction number received from Pay.gov and, if applicable, note that a fee waiver is being requested.13
           This transaction number would ensure that the Board can match the payment with the e-filing. If no payment is associated with the filing, the filer would check a box to indicate either that no fee is required or that a fee waiver has been requested. The filer must either enter the transaction number or check the box to complete submission of a filing. After the transaction number has been entered or the box has been checked, the filer would complete the form and attach the document for e-filing. Once the filing is submitted, a confirmation email would be sent to the filer, as is currently done.

            13 The Board also proposes to clarify its regulations regarding fee waivers at 49 CFR 1002.2(b), with the following language: If a filer requests a fee waiver but does not submit the appropriate fee, the filing is held for processing until a determination has been made on the fee waiver request. If the filer requests a fee waiver and submits the appropriate fee, the filing is accepted and the Board refunds the fee or a portion thereof if the fee waiver is ultimately granted.

        E-filing would not be mandatory, but parties making paper filings would be encouraged to also use the Board's electronic payment processor. Paper filers using the electronic payment processing option should note the transaction number they receive from Pay.gov and provide it to the Board with their paper filing or when communicating with Board staff regarding payment of fees.
        Although many practitioners already make use of the Board's e-filing system, these proposed changes are intended to promote increased use of e-filing and result in cost savings to both practitioners and the Board.
        b. Paper Filing
        Because the paper filing option would still be available, the Board also proposes to modify its requirements for paper filers to reduce the burden on those filers. The Board's general provision on copies, found at 49 CFR 1104.3(a), requires 10 copies of paper filings, unless otherwise specifically directed by another Board regulation. Various other provisions of the regulations require a different number of copies.14

           The Board proposes to harmonize its rules by eliminating the requirements to file extra copies of paper filings. Instead, paper filers generally would be required to file only the original paper filing. However, the Board would reserve the right to direct filers (including those who e-file) to provide paper copies of filings when necessary. Because of the voluminous nature of filings in merger proceedings, the Board would keep the current requirement regarding the number of paper copies in those regulations (49 CFR 1180.4).

            14 See 49 CFR 1012.6(a); 1110.2; 1110.6; 1111.3; 1111.4(c); 1113.7(e); 1113.13; 1130.1; 1130.2(f); 1132.1(d); 1150.10; 1150.16; 1152.21; 1152.22(i); 1152.24(a); 1152.25; 1155.23(c)(1)-(3); 1182.7(e)(2); 1182.8(b); 1244.9(d)(3)(ii), (e)(2), (g)(3); 1312.4; 1313.4; and 1313.10(a)(7), (a)(8)(v).

        The Board also proposes to modify its regulations at 49 CFR 1104.3(b) which governs electronic submissions accompanying paper filings. First, the Board proposes to modify the regulations to eliminate the requirement that electronic versions of pleadings that are 20 or more pages be submitted on compact discs or 3.5-inch floppy diskettes. See 49 CFR 1104.3(b)(1), (b)(3), (b)(4). Instead, the proposed regulations would require such filings to be accompanied by electronic versions, and would direct filers to the Board's website for information on how to provide those electronic versions.15
           Such a change would allow the Board to more easily keep filing requirements consistent with evolving technology and software. For the same reason, the Board proposes to revise the outdated requirements at 49 CFR 1104.3(b)(2) regarding the submission of evidence or workpapers consisting of mathematical computations by directing filers to the Board's website or the procedural orders in the case for instructions on the proper formatting for such evidence.

            15 At this time, electronic versions would be accepted by email, compact disc, or USB flash drive.

        Electronic Service (E-Service) of Board Decisions
        With the same objective of updating and streamlining Board procedures, the Board also proposes new procedures regarding service of decisions.16
           Currently, the Board mails paper copies of its decisions to parties on the service list for each case, incurring costs for mailing and associated resources, and also delaying what could otherwise be more immediate notification to service list participants. Under the proposal, Board decisions would be served by email to those who consent to e-service, thereby streamlining the current process. It is anticipated that the Board would serve decisions by email immediately following posting of decisions on the Board's website, allowing participants to receive more expeditious notification of decisions than with paper service. As discussed below, paper service of Board decisions would still be used for those parties who do not consent to e-service.

            16 The new procedures would not affect the Board's rules regarding parties' service of their filings on other parties.

        Under this proposal, parties that provide an email address to the Board when making a filing would be deemed to have consented to e-service of decisions in one of two ways. First, a party making an e-filing in a proceeding would also be consenting to e-service in that proceeding. The email address(es) provided in the required field in the e-filing form would be included on the service list on behalf of that party for the proceeding. This field in the e-filing form would allow an e-filer to enter multiple email addresses on behalf of that party as e-service recipients. Second, a party who makes a paper filing and includes an email address(es) on such filings would also be deemed to consent to e-service in the proceeding in which the filing was made unless the party opts out. The Board would send such paper filers a letter informing them that the email address(es) on the filing would be used on the service list unless the filer opts out, and verifying that the email address(es) provided is correct.
        The email addresses used by the Board for e-service would be listed on the public service list for each proceeding. Filers should be aware, however, that, at this time, consent for e-service would be proceeding-specific and not filer-specific. Thus, the inclusion of an email address on one service list would not mean that the email address will automatically appear on a service list for a different proceeding in which they are participating.
        The Board would continue to send paper copies of Board decisions as a backup to e-service during the early stages of e-service implementation. The Board expects that this transitional dual service period would last for up to three months after the effective date of any final rule.
        The Board would treat proceedings that are open at the time the rule becomes effective as follows. Email addresses that were previously provided by service list participants when filing (including when e-filing) would not automatically be used for e-service. However, consistent with the procedures explained above, after the effective date of this rule, a party's email address would be added to the e-service list if the party: (1) Utilizes e-filing, or (2) does not opt out of e-service after making a paper filing that includes an email address.
        Fees for Copying, Printing, and Related Services
        The Board is proposing to update and clarify its fees for copying, printing, and related services found at 49 CFR 1002.1. These changes would reduce costs to the public, simplify the fees and associated accounting of such fees, and update obsolete or incorrect references.
        The proposed regulations would reduce the charge for copying and printing tariffs, reports, and other public documents at 49 CFR 1002.1(d) from $1.50 per letter or legal size exposure with a $7.50 minimum to $0.25 per letter or legal size exposure. There would be no charge for the first 100 pages of copying or printing, which would be consistent with current Freedom of Information Act (FOIA) regulations at section 1002.1(g) that exclude charges for the first 100 pages for certain categories of users.17
           The same reduced charge of $0.25 per page would also apply to copying and printing documents not considered public under FOIA at current 49 CFR 1002.1(g)(7).

            17 The proposed exclusion for the first 100 pages under section 1002.1(d) would apply to all users.

        In addition, the Board is proposing to eliminate current 49 CFR 1002.1(f) and (g)(8), governing search and copying services requiring computer processing, which are obsolete and outdated.
        Administrative Procedure Act and Regulatory Flexibility Act

        Because these proposed revisions relate to rules of agency organization, procedure, or practice, they are not subject to the provisions of the Administrative Procedure Act (APA) requiring notice and opportunity for public comment. See 5 U.S.C. 553(b)(3)(A). Because the Board has determined that notice and comment are not required under the APA for this rulemaking, the requirements of the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 601-612, do not apply. Nevertheless, the Board has determined that it would be useful to publish these proposed rule changes for notice and comment before adoption.

          It is ordered:

        1. Comments are due by September 24, 2018.
        2. Notice of this decision will be published in the Federal Register.
        3. This decision is effective on its date of service.

          List of Subjects
          49 CFR Part 1002
          Administrative practice and procedure, Common carriers, Freedom of information.
          49 CFR Part 1012
          Sunshine Act.

          49 CFR Part 1104
          Administrative practice and procedure.
          49 CFR Part 1110
          Administrative practice and procedure.
          49 CFR Part 1111
          Administrative practice and procedure, Investigations.
          49 CFR Part 1113
          Administrative practice and procedure.
          49 CFR Part 1130
          Administrative practice and procedure.
          49 CFR Part 1132
          Administrative practice and procedure.
          49 CFR Part 1150
          Administrative practice and procedure, Railroads.
          49 CFR Part 1152
          Administrative practice and procedure, Railroads, Reporting and recordkeeping requirements, Uniform System of Accounts.
          49 CFR Part 1155
          Administrative practice and procedure, Railroads, Waste treatment and disposal.
          49 CFR Part 1182
          Administrative practice and procedure, Motor carriers.
          49 CFR Part 1244
          Freight, Railroads, Reporting and recordkeeping requirements.
          49 CFR Part 1312
          Freight forwarders, Maritime carriers, Motor carriers, Moving of household goods, Pipelines, Railroads.
          49 CFR Part 1313
          Administrative practice and procedure, Agricultural commodities, Forests and forest products, Railroads.

          Decided: August 20, 2018.

          By the Board, Board Member Begeman and Miller.
          Marline Simeon,
          Clearance Clerk.

        For the reasons set forth in the preamble, the Surface Transportation Board proposes to amend parts 1002, 1012, 1104, 1110, 1111, 1113, 1130, 1132, 1150, 1152, 1155, 1182, 1244, 1312, and 1313 of title 49, chapter X, of the Code of Federal Regulations as follows:

          PART 1002—FEES

        1. The authority citation for part 1002 is revised to read as follows: 5 U.S.C. 552(a)(4)(A), (a)(6)(B), and 553; 31 U.S.C. 9701; and 49 U.S.C. 1321. Section 1002.1(f)(11) is also issued under 5 U.S.C. 5514 and 31 U.S.C. 3717.
        2. Amend § 1002.1 as follows:
        a. Revise paragraph (d);
        b. Amend paragraph (e) by removing the words “Room 1200,”;
        c. Remove paragraph (f), redesignate paragraphs (g) through (i) as paragraphs (f) through (h);
        d. Revise newly redesignated paragraph (f)(7);
        e. Remove newly redesignated paragraph (f)(8), redesignate paragraphs (f)(9) through (f)(14) as (f)(8) through (f)(13); and
        f. Revise newly redesignated paragraph (g);
        The revisions read as follows:

          § 1002.1
          Fees for records search, review, copying, certification, and related services.

          (d) Copies or computer printouts of tariffs, reports, and other public documents, at the rate of $.25 per letter or legal size exposure, only after the first 100 pages, with a minimum charge of $7.50. Copies of electronic records, audiovisual materials, or other forms of data are available at the actual cost of duplication or transcription.
          (f) * * *
          (7) The fee for copies or computer printouts shall be $.25 per letter or legal size exposure, with a minimum charge of $7.50. Copies of electronic records, audiovisual materials, or other forms of data are available at the actual cost of duplication or transcription.

          (g) Fees for services described in paragraph (a) through (f) of this section may be paid by check, money order, or through the Board's electronic payment system in accordance with 49 CFR 1002.2(a)(2).

        3. Amend § 1002.2 as follows:
        a. Amend paragraph (a)(1) by removing the last sentence;
        b. Remove paragraph (a)(2);
        c. Redesignate paragraph (a)(3) as paragraph (a)(2);
        d. Revise newly redesignated paragraph (a)(2); and
        e. Revise paragraph (b);
        The revisions read as follows:

          § 1002.2
          Filing fees.

          (a)(2) Filing fees for all e-filings must be paid on the Board's electronic payment system found on the Board's website. Filing fees for other filings may be paid by the electronic payment system, but will also be accepted payable to the Surface Transportation Board, by check payable in United States currency drawn upon funds deposited in a United States or foreign bank or other financial institution, money order payable in United States currency.
          (b) Any filing that is not accompanied by the appropriate filing fee or a request for waiver of the fee is deficient. If a filer requests a fee waiver but does not submit the appropriate fee, the filing is held for processing until a determination has been made on the fee waiver request. If the filer requests a fee waiver and submits the appropriate fee, the filing is accepted and the Board refunds the fee or a portion thereof if the fee waiver is ultimately granted.

          PART 1012—MEETINGS OF THE BOARD

        4. The authority citation for part 1012 continues to read as follows: 5 U.S.C. 552b(g), 49 U.S.C. 1301, 1321.

          § 1012.2
          [Amended]

        5. In § 1012.2(a), remove the words “located at 1925 K Street, NW, Washington, DC”.

          § 1012.3
          [Amended]

        6. In § 1012.3(b)(5), remove the sentence “Unless otherwise specified, that official will be the Board's Public Information Officer, whose telephone number is (202) 275-7252.”.
        7. In § 1012.6, revise paragraph (a) to read as follows:

          § 1012.6
          Petitions seeking to open or close a meeting.
          (a) The Board will entertain petitions requesting either the opening of a meeting proposed to be closed to the public or the closing of a meeting proposed to be open to the public. In the case of a meeting of the Board, or a Division or committee of the Board, a petition shall be filed.

          PART 1104—FILING WITH THE BOARD-COPIES-VERIFICATION-SERVICE-PLEADINGS, GENERALLY

        8. The authority citation for part 1104 continues to read as follows: 5 U.S.C. 553 and 559; 18 U.S.C. 1621; and 49 U.S.C. 1321.
        9. In § 1104.1, revise paragraph (e) to read as follows:

          § 1104.1
          Address, identification, and electronic filing option.

          (e) Unless otherwise directed by the Board, persons filing pleadings and documents with the Board have the option of electronically filing (e-filing) pleadings and documents instead of filing paper copies. Details regarding file size limitations, permissible formats, procedures to be followed, acceptable signature formats, and other pertinent information are available on the Board's website, www.stb.gov. If the e-filing option is chosen, then the applicable requirements will be those specified on the Board's website, and any requirements of 49 CFR part 1104 that specifically apply to filing of paper copies will not apply to the e-filed pleadings and documents (these requirements include, but are not limited to, stapling or binding specifications, signature “in ink,” etc.). Persons are not required to e-file and may continue to use the Board's processes for filing paper copies.

        10. Revise § 1104.3 to read as follows:

          § 1104.3
          Paper filings, electronic submissions, and copies.

          (a) The executed original of a paper pleading or document permitted or required to be filed under this subchapter, including correspondence, must be furnished for the use of the Board. Textual submissions of 20 or more pages must be accompanied by an electronic version. Details regarding electronic submissions, including evidence, workpapers, and other pertinent information are available on the Board's website, www.stb.gov.

          (b) The Board may, at its discretion, request paper copies of a pleading, document, or paper filed or e-filed with the Board. Any such copies must be clear and legible. Appropriate notes or other indications shall be used so that matters shown in color on the original, but in black and white on the copies, will be accurately identified on all copies.

          PART 1110—PROCEDURES GOVERNING INFORMAL RULEMAKING PROCEEDINGS

        11. The authority citation for part 1110 continues to read as follows: 49 U.S.C. 1321.
        12. Amend § 1110.2 by revising paragraph (c)(1) to read as follows:

          § 1110.2
          Opening of proceeding.

          (c) * * *
          (1) Be submitted to the Chief, Section of Administration, Office of Proceedings, Surface Transportation Board, Washington DC;

          § 1110.6
          [Amended]

        13. Amend § 1110.6(a) by removing the phrase “and one copy”.

          PART 1111—COMPLAINT AND INVESTIGATION PROCEDURES

        14. The authority citation for part 1111 continues to read as follows: 49 U.S.C. 10704, 11701, and 1321.
        15. In § 1111.4, revise the sixth sentence and remove the seventh sentence to read as follows:

          § 1111.4
          [Amended]
          * * * The complaint should be filed with the Board together with an acknowledgment of service by the persons served or proof of service in the form of a statement of the date and manner of service, of the names of the persons served, and of the addresses to which the papers were mailed or at which they were delivered, certified by the person who made service.

        16. Amend § 1111.5 by revising paragraph (c) to read as follows:

          § 1111.5
          Answers and cross complaints.

          (c) Time for filing; copies; service. An answer must be filed with the Board within 20 days after the service of the complaint or within such additional time as the Board may provide. The defendant must serve copies of the answer upon the complainant and any other defendants.

          PART 1113—ORAL HEARING

        17. The authority citation for part 1113 continues to read as follows: 5 U.S.C. 559; 49 U.S.C. 1321.
        18. Amend § 1113.7 by revising the first two sentences of paragraph (e) to read as follows:

          § 1113.7
          [Amended]

          (e) Copies; service; replies. When a petition for leave to intervene is tendered at the hearing, sufficient copies of the petition must be provided for distribution to the parties represented at the hearing. When a petition for leave to intervene is not tendered at the hearing, the petition should be submitted to the Board together with a certificate that service has been made by petitioner. * * *

          § 1113.13
          [Amended]

        19. Amend § 1113.13 as follows:
        a. Revise the section heading; and
        b. Remove the last sentence of the paragraph;
        The revisions read as follows:

          § 1113.13
          Filing evidence subsequent to hearing.

          PART 1130—INFORMAL COMPLAINTS

        20. The authority citation for part 1130 continues to read as follows: 49 U.S.C. 1321, 13301(f), 14709.
        21. Amend § 1130.1 by revising paragraph (a) to read as follows:

          § 1130.1
          When no damages sought.
          (a) Form and content. Informal complaint may be by letter or other writing filed with the Board and will be serially numbered as filed. The complaint must contain the essential elements of a formal complaint as specified at 49 CFR 1111.1(a) and may embrace supporting papers.

        22. Amend § 1130.2 by revising the last sentence of paragraph (f) to read as follows:

          § 1130.2
          When damages sought.

          (f) * * * Any petition for reconsideration should be filed with the Board.

          PART 1132—PROTESTS REQUESTING SUSPENSION AND INVESTIGATION OF COLLECTIVE RATEMAKING ACTIONS

        23. The authority citation for part 1132 continues to read as follows: 49 U.S.C. 1321, 13301(f), and 13703.
        24. Amend § 1132.1 as follows:
        a. Remove paragraph (c);
        b. Redesignate paragraphs (d) and (e) as (c) and (d);
        c. Revise newly designated paragraph (c);
        d. Remove the last sentence of newly designated paragraph (d);
        The revisions read as follows:

          § 1132.1
          Protest against collective rate-making actions.

          (c) Copies; service. Every protest or reply filed under this section should be directed to the attention of the Chief, Section of Administration, Office of Proceedings, Surface Transportation Board. One copy of each protest or reply filed under this section simultaneously must be served upon the publishing carrier or collective ratemaking organization, and upon other persons known by protestant to be interested.

          PART 1150—CERTIFICATE TO CONSTRUCT, ACQUIRE, OR OPERATE RAILROAD LINES

        25. The authority citation for part 1150 continues to read as follows: 49 U.S.C. 1321(a), 10502, 10901, and 10902.

          § 1150.10
          [Amended]

        26. In § 1150.10:
        a. In paragraph (b), remove the words “The original and 10 copies of the application” and add in their place “An application”, and remove the words “application shall include” and add in their place “application may include”; and
        b. In paragraph (g), remove “(with 10 copies)”.

          § 1150.16
          [Amended]

        27. In § 1150.16, remove the reference to “(plus three copies)”.

          PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903

        28. The authority citation for part 1152 continues to read as follows: 11 U.S.C. 1170; 16 U.S.C. 1247(d) and 1248; 45 U.S.C. 744; and 49 U.S.C. 1301, 1321(a), 10502, 10903-10905, and 11161.

          § 1152.21
          [Amended]

        29. In § 1152.21, in the paragraph beginning with, “Written comments and protests, including all requests. . .”, remove the words “The original and 10 copies of all comments or protests” and add in their place “Every comment or protest”.

          § 1152.22
          [Amended]

        30. In § 1152.22(i), in the paragraph beginning with, “Written comments and protests, including all requests. . .”, remove the words “The original and 10 copies of all comments or protests” and add in their place “Every comment or protest”.
        31. Amend § 1152.24 by revising paragraph (a) to read as follows:

          § 1152.24
          Filing and service of application.

          (a) The application shall be filed with the Chief, Section of Administration, Office of Proceedings, Washington, DC 20423-0001. The application shall bear the date and signature and shall be complete in itself. The applicable filing fee must be paid by check, money order, or through the Board's electronic payment system (see 49 CFR part 1002). If the applicant carrier is in bankruptcy, the application shall also be filed on the bankruptcy court.

        32. Amend § 1152.25 as follows:
        a. Remove paragraph (c)(2);
        b. Redesignate paragraphs (c)(3) to (c)(4) as paragraphs (c)(2) to (c)(3).
        c. Revise newly redesignated paragraph (c)(3);
        d. Revise paragraphs (e)(1)(iii), (4), (6), and (7)(i);
        The revisions read as follows:

          § 1152.25
          Participation in abandonment or discontinuance proceedings.
          (c) * * *
          (3) Replies or rebuttal to written comments and protests shall be filed and served by applicants no later than 60 days after the filing of the application.

          (e) * * *
          (1) * * *
          (iii) The applicability and administration of the Trails Act [16 U.S.C. 1247(d)] in abandonment proceedings under 49 U.S.C. 10903 (and abandonment exemption proceedings), issued pursuant to delegations of authority at 49 CFR 1011.7(a)(2)(iv) and (v), will be acted on by the entire Board as set forth at 49 CFR 1011.2(a)(7). Any appeals, and replies to appeals, under this section must be filed with the Board.

          (4) Petitions to reopen administratively final actions. A person may file with the Board a petition to reopen any administratively final action of the Board. A petition to reopen shall state in detail the respects in which the proceeding involves material error, new evidence, or substantially changed circumstances.

          (6) Petitions to vacate. In the event of procedural defects (such as the loss of a properly filed protest, the failure of the applicant to afford the public the requisite notice of its proposed abandonment, etc.), the Board will entertain petitions to vacate the abandonment or discontinuance authorization. Any petitions to vacate must be filed with the Board.
          (7) * * *
          (i) The filing of a petition to reopen shall not stay the effect of a prior action. Any petition to stay must be filed with the Board.

          PART 1155—SOLID WASTE RAIL TRANSFER FACILITIES

        33. The authority citation for part 1155 continues to read as follows: 49 U.S.C. 1321(a), 10908, 10909, 10910.

          § 1155.23
          [Amended]

        34. In § 1155.23:
        a. In paragraph (c)(1), remove the sentence “An original and 10 copies of each comment shall be filed with the Board.”;
        b. In paragraph (c)(2), remove the sentence “An original and 10 copies of such comments shall be filed with the Board.”; and
        c. In paragraph (c)(3), remove the sentence “An original and 10 copies of such replies shall be filed with the Board.”

          PART 1182—PURCHASE, MERGER, AND CONTROL OF MOTOR PASSENGER CARRIERS

        35. The authority citation for part 1182 continues to read as follows: 5 U.S.C. 559; 21 U.S.C. 862; and 49 U.S.C. 13501, 13541(a), 13902(c), and 14303.

          § 1182.7
          [Amended]

        36. In § 1182.7(e)(2), remove the words “The original and 10 copies of the” and add in their place “The”.

          § 1182.8
          [Amended]

        37. Amend § 1182.8(b) by removing paragraph (b) and redesignating paragraphs (c) to (f) as paragraphs (b) to (e).

          PART 1244—WAYBILL ANALYSIS OF TRANSPORTATION OF PROPERTY—RAILROADS

        38. The authority citation for part 1244 continues to read as follows:
        49 U.S.C. 1321, 10707, 11144, 11145.

          § 1244.9
          [Amended]

        39. In § 1244.9:
        a. In paragraph (d)(3):
        i. In paragraph (i), insert the words “with the Director, Office of Economics, Surface Transportation Board, Washington, DC” at the end of the sentence;
        ii. Remove paragraph (ii); and
        iii. Redesignate subparagraph (iii) as subparagraph (ii).
        b. In paragraph (e)(2), remove the words “An original and 2 copies of the” and add in their place “The”.
        c. In paragraph (g)(3), remove the words “An original and three (3) copies of the” and add in their place “The”.

          PART 1312—REGULATIONS FOR THE PUBLICATION, POSTING AND FILING OF TARIFFS FOR THE TRANSPORTATION OF PROPERTY BY OR WITH A WATER CARRIER IN NONCONTIGUOUS DOMESTIC TRADE

        40. The authority citation for part 1312 continues to read as follows: 49 U.S.C. 1321(a), 13702(a), 13702(b) and 13702(d).

          § 1312.4
          [Amended]

        41. In § 1312.4:
        a. In paragraph (a)(1), remove “1925 K Street, NW,”;
        b. In paragraph (a)(2)(iii), remove the words “enclosed, the account number to be billed, or the credit card to be charged;” and add in their place “enclosed (pursuant to 49 CFR 1002.2(a)); and”;
        c. In paragraph (a)(2)(iv), remove the words “numbers; and” and add in their place “numbers.”; and
        d. Remove paragraph (a)(2)(v).

          PART 1313—RAILROAD CONTRACTS FOR THE TRANSPORTATION OF AGRICULTURAL PRODUCTS

        42. The authority citation for part 1313 continues to read as follows: 49 U.S.C. 1321(a) and 10709.
        43. In § 1313.4, revise paragraphs (a)(3)(iii) and (iv), and remove paragraph (a)(3)(v), to read as follows:

          § 1313.4
          Filing procedures and formats for contract summaries.
          (a) * * *
          (3) * * *
          (iii) The filing fee enclosed (pursuant to 49 CFR 1002.2(a)); and
          (iv) The transmittal number if the filer utilizes transmittal numbers.

        44. In § 1313.10, revise paragraph (a)(7) and remove paragraph (a)(8)(v) to read as follows:

          § 1313.10
          Procedures for complaints and discovery.
          (a) * * *
          (7) Filings. If a complaint, petition, or reply is filed in paper, it must be filed with the Board in a package marked “Confidential Rail Contract Material”. If a complaint, petition, or reply is electronically filed, it must be designated as confidential in the Board's e-filing system.

      [FR Doc. 2018-18342 Filed 8-23-18; 8:45 am]
      BILLING CODE 4915-01-P


        DEPARTMENT OF THE INTERIOR
        Fish and Wildlife Service
        50 CFR Part 17
        RIN 1018-AI50

        Endangered and Threatened Wildlife and Plants; Reopening of the Comment Period for the Proposed Rule to List the Plant Lepidium papilliferum (slickspot peppergrass) as Endangered

          AGENCY:
          Fish and Wildlife Service, Interior.

          ACTION:
          Proposed rule; notice of reopening of comment period.

          SUMMARY:

          We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period for the proposed rule to list the Lepidium papilliferum (slickspot peppergrass) as endangered. The comment period is reopened to allow additional time for all interested parties to submit written comments on the proposal. Comments previously submitted need not be resubmitted as they already have been incorporated into the public record and will be fully considered in the final rule.

          DATES:
          The original public comment period on the proposal closed on September 13, 2002. The public comment period is reopened, and we will accept comments until November 25, 2002. Comments must be received by 5:00 p.m. on the closing date. Any comments that are received after the closing date may not be considered in the final decision on this action.

          ADDRESSES:

          Copies of the draft proposal are available on the Internet at: http://endangered.fws.gov/frpubs/02fedreg.htm or by writing to the Supervisor, U.S. Fish and Wildlife Service, Snake River Basin Office, 1387 S. Vinnell Way, Room 368, Boise, ID 83709.
          If you wish to comment, you may submit your comments and materials concerning this proposal by any one of several methods:
          You may submit written comments and information to the Supervisor at the address above.

          You may also send comments by electronic mail (e-mail) to: fw1srbocomment@fws.gov. See the Public Comments Solicited section below for file format and other information about electronic filing.
          Comments and materials received will be available for public inspection, by appointment, during normal business hours at the above address.

          FOR FURTHER INFORMATION CONTACT:
          Robert Ruesink, Supervisor, Snake River Basin Office (see
            ADDRESSES) (telephone 208/378-5243; facsimile 208/378-5262). Information regarding this proposal is available in alternative formats upon request.

        SUPPLEMENTARY INFORMATION:
        Background

          Lepidium papilliferum is a herbaceous annual or biennial plant that occurs in sagebrush-steppe habitats. This species is found along the Snake River Plain and Owyhee Plateau in Ada, Canyon, Gem, Elmore, Payette, and Owyhee counties. Lepidium papilliferum is threatened by a variety of activities including urbanization, gravel mining, irrigated agriculture, habitat degradation due to cattle and sheep grazing, fire and fire rehabilitation activities, and continued invasion of habitat by non-native plant species. Of 88 known occurrences of Lepidium papilliferum, 70 are currently extant (exist), 13 are considered extirpated (extinct), and five are historic and have not been relocated.

        Pursuant to the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (Act), we published a proposed rule to list Lepidium papilliferum as endangered on July 15, 2002 (67 FR 46441). For further information regarding background biological information, previous Federal actions, factors affecting the species, and conservation measures available to Lepidium papilliferum, please refer to our proposed rule published in the Federal Register on July 15, 2002.
        Public Comments Solicited

        With this notification, we solicit additional information and comments that may assist us in making a final decision on the proposed rule to list Lepidium papilliferum as endangered. We intend that any final listing action resulting from our proposal will be as accurate and effective as possible. Therefore, we request comments and additional information from the general public, other concerned governmental agencies, the scientific community, industry, or any other interested party concerning this proposed rule. Comments are particularly sought concerning:
        (1) Biological, commercial trade, or other relevant data concerning any threat (or lack thereof) to this species;
        (2) Additional information regarding the range, locations, and population size of this species;
        (3) Land use practices and current or planned activities in the subject areas and their possible impacts on this species; and
        (4) The reasons why any habitat should or should not be determined to be critical habitat pursuant to section 4 of the Act, including whether the benefit of designation will outweigh any benefits of exclusion.
        Previously submitted written comments on this proposal need not be resubmitted. If you submit comments by e-mail, please submit them in ASCII file format and avoid the use of special characters and encryption. Please include “Attn: RIN 1018-AI50” and your name and return address in your e-mail message. If you do not receive a confirmation from our system that we have received your e-mail message, contact us directly by calling our Snake River Basin Fish and Wildlife Office at telephone number 208/378-5243. Comments and materials received will be available for public inspection, by appointment, during normal business hours at the Snake River Basin Fish and Wildlife Office, at the above address.

        In making any final decision on the proposed action, we will take into consideration the comments and any additional information we receive, and such communications may lead to a final regulation that differs from the proposal.
        Author
        The primary author of this notice is Barbara Behan, U.S. Fish and Wildlife Service, Regional Office, Portland, Oregon.
        Authority

        The authority of this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

          Dated: September 18, 2002.
          Craig Manson,
          Assistant Secretary for Fish and Wildlife and Parks.

      [FR Doc. 02-24363 Filed 9-24-02; 8:45 am]
      BILLING CODE 4310-55-P


        DEPARTMENT OF THE INTERIOR
        Office of Surface Mining Reclamation and Enforcement
        30 CFR Part 948
        [WV-111-FOR]
        West Virginia Abandoned Mine Land Reclamation Plan

          AGENCY:
          Office of Surface Mining Reclamation and Enforcement (OSM), Interior.

          ACTION:
          Proposed rule; public comment period and opportunity for public hearing on proposed amendment.

          SUMMARY:
          We, OSM, are announcing the receipt of a proposed amendment to the West Virginia Abandoned Mine Land Reclamation (AMLR) Plan under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The proposed amendment makes numerous revisions throughout the State's AMLR Plan. The amendment is intended to update and improve the effectiveness of the West Virginia AMLR Plan.
          This document gives the times and locations that the West Virginia AMLR Plan and proposed amendment is available for your inspection, the comment period during which you may submit written comments, and the procedures that will be followed for the public hearing, if one is requested.

          DATES:
          We will accept written comments on the proposed State AMLR Plan until 4 p.m. on October 18, 2006. If requested, we will hold a public hearing on the proposed State AMLR Plan amendment at 1 p.m. on October 13, 2006. We will accept requests to speak at a hearing until 4 p.m. on October 3, 2006.

          ADDRESSES:
          You may submit comments, identified by Docket No. WV-111-FOR, by any of the following methods:
          • E-mail:
            chfo@osmre.gov. Include WV-111-FOR in the subject line of the message;
          • Mail/Hand Delivery: Mr. Roger W. Calhoun, Director, Charleston Field Office, Office of Surface Mining Reclamation and Enforcement, 1027 Virginia Street, East, Charleston, West Virginia 25301; or
          • Federal eRulemaking Portal:
            http://www.regulations.gov. Follow the instructions for submitting comments.

            Instructions: All submissions received must include the agency name and docket number for this rulemaking. For detailed instructions on submitting comments and additional information on the rulemaking process, see the “Public Comment Procedures” heading in the SUPPLEMENTARY INFORMATION section of this document. You may also request to speak at a public hearing by any of the methods listed above or by contacting the individual listed under FOR FURTHER INFORMATION CONTACT.

            Docket: You may review copies of the West Virginia AMLR Plan, this amendment, a listing of any scheduled public hearings, and all written comments received in response to this document at the addresses listed below during normal business hours, Monday through Friday, excluding holidays. You may also receive one free copy of this amendment to the AMLR Plan by contacting OSM's Charleston Field Office listed below.

          Mr. Roger W. Calhoun, Director, Charleston Field Office, Office of Surface Mining Reclamation and Enforcement, 1027 Virginia Street, East, Charleston, West Virginia 25301, Telephone: (304) 347-7158. E-mail: chfo@osmre.gov.
          West Virginia Department of Environmental Protection, 601 57th Street, SE, Charleston, WV 25304, Telephone: (304) 926-0485.
          In addition, you may review a copy of the AMLR Plan amendment during regular business hours at the following locations:

          Office of Surface Mining Reclamation and Enforcement, Morgantown Area Office, 604 Cheat Road, Suite 150, Morgantown, West Virginia 26508, Telephone: (304) 291-4004.  (By Appointment Only)
          Office of Surface Mining Reclamation and Enforcement, Beckley Area Office,  313 Harper Park Drive, Suite 3, Beckley, West Virginia 25801,  Telephone: (304) 255-5265.

          FOR FURTHER INFORMATION CONTACT:

          Mr. Roger W. Calhoun, Director, Charleston Field Office, Telephone: (304) 347-7158. E-mail: chfo@osmre.gov.

        SUPPLEMENTARY INFORMATION:

          I. Background on the Abandoned Mine Land Reclamation Program
          II. Description of the Proposed AMLR Plan Amendment
          III. Public Comment Procedures
          IV. Procedural Determinations

        I. Background on the Abandoned Mine Land Reclamation Program

        The West Virginia AMLR Program was established by Title IV of SMCRA (30 U.S.C. 1201 et seq.) in response to concerns over extensive environmental damage caused by past coal mining activities. The program is funded by a reclamation fee collected on each ton of coal that is produced. The money collected is used to finance the reclamation of abandoned coal mines and for other authorized activities. Section 405 of the Act allows States and Indian Tribes to assume exclusive responsibility for reclamation activity within the State or on Indian lands if they develop and submit to the Secretary of the Interior for approval, a program (often referred to as a plan) for the reclamation of abandoned coal mined lands. The West Virginia AMLR Plan was approved by OSM effective February 23, 1981. You can find additional information about the West Virginia AMLR Plan at 30 CFR 948.20, 948.25, and 948.26.
        II. Description of the Proposed AMLR Plan Amendment

        By letter dated June 27, 2006 (Administrative Record Number WV-1469), the West Virginia Department of Environmental Protection (WVDEP), Office of Abandoned Mine Lands and Reclamation submitted an amendment to its AMLR Plan under SMCRA (30 U.S.C. 1201 et seq.). The amendment consists of numerous changes throughout the AMLR Plan, some of which concern the AML Enhancement Rule. In its submittal of the amendment, the WVDEP stated that the revision incorporates the AML Enhancement Rule at 30 CFR Parts 707 and 874, as published by OSM in the Federal Register on Friday, February 12, 1999 (64 FR 7470-7483).
        In its submittal letter, the State noted that the amendment also contains minor organizational and operational changes. Minor changes, such as organizational changes, re-numbering of sections, updating the name of departments or agencies, deletion of historical narrative, and the correction of typographical and grammatical errors, are non-substantive changes that do not affect the basis of the original approval of the West Virginia AMLR Plan. Therefore, these minor changes are hereby approved, and we will not identify such non-substantive changes in this notice.
        West Virginia proposes the following amendments to the State's AMLR Plan:
        Introduction
        Part B, State Reclamation Plan
        This part contains additions and deletions of historical information about the West Virginia AMLR Plan. This section also states that the amendment will update the organization of the Office of Abandoned Mine Lands and Reclamation and establish the Abandoned Mine Lands and Reclamation Enhancement Rule.
        Section II. Purposes of the State Reclamation Program
        Language is deleted and added to clarify that projects are selected on the basis of the priorities identified at W. Va. Code 22-2-4.
        Section III. Criteria for Ranking and Identifying Projects To Be Funded
        A. Identification of problems. The State has deleted language concerning examples of data provided by contributors to the Abandoned Mine Land Inventory System (AMLIS).
        B. Prioritization of problems. Language is added to clarify that projects are selected on the basis of the priorities identified at W. Va. Code 22-2-4.
        B.4: This paragraph is deleted and formerly identified as priority 4 projects, research and demonstration projects.
        Factors Considered for Reclamation Project Evaluation
        Item 1. The State has deleted related language concerning research projects.
        Item 6.(e). The existing language is deleted concerning waiving any requirement that a reclamation contractor obtain a reclamation permit to extract or remove coal if the waiver will facilitate removal of coal and the mining is incidental to the project. In its place, the following language has been added:

          (e) Abandoned Mine Lands and Reclamation Enhancement Rule, as used in this part, the following definitions have the specific meaning;

            Definitions: Extraction of coal as an incidental part means the extraction of coal which is necessary to enable the construction to be accomplished. For this purpose of this part, only that coal extraction from within the right-of-way. In the case of a road, railroad, utility line or other such road construction, or within the boundaries of the area directly affected by other types of government-financed construction, may be considered incidental to that construction and shall be subject to the requirements of Chapter 22, Article 3, Section 26, Paragraph b, of the Code of West Virginia, legislative rules and this plan. Extraction of coal outside the right-of-way or boundary of the area directly affected by the construction shall be subject to the requirements of Chapter 22, Article 3 of the Code of West Virginia, and the rules promulgated thereunder.
          Government financing agency means a Federal, State, county, municipal, or local unit of government, or a department, bureau, agency or office of the unit which, directly or through another unit of government, finances construction.

          Government-financed construction means construction funded at 50 percent or more by funds appropriated from a government financing agency's budget or obtained from general revenue bonds. Government financing at less than 50 percent may qualify if the construction is undertaken as an approved AML reclamation project under Chapter 22, Article 2 of the Code of West Virginia. Construction funded through government financing agency guarantees, insurance, loans, funds obtained through industrial revenue bonds or their equivalent, or in-kind payments does not qualify as government-financed construction.
          (i) The Abandoned Mine Land Program (AML) shall work in consultation with the Title V regulatory authority to administer these provisions.
          (I) To qualify as a Federal, State, county, Municipal, or other local government-financed highway or other construction project, the construction must be funded at fifty percent (50%) or more by the relevant government agency. Funding at less than fifty percent (50%) may qualify if the construction is undertaken as an approved AML Reclamation contract.
          (II) For reclamation projects receiving less than fifty percent (50%) government funding because of planned coal extraction, AML may qualify if the construction is undertaken as an approved Reclamation project under Title IV of SMCRA. AML shall consult with [the] Title V regulatory authority to make the following determinations.
          WVDEP must determine the following:
          (A) The likelihood of the coal being mined under a surface mining permit. This determination must take into account available information such as:
          (a) Coal reserves from existing mine maps or other sources;
          (b) Existing environmental conditions;
          (c) All prior mining activity on or adjacent to the site;
          (d) Current and historic coal production in the area; and
          (e) Any known or anticipated interest in mining the site.
          (B) The likelihood that nearby or adjacent mining activities might create new environmental problems or adversely affect existing environmental problems at the site.
          (C) The likelihood that reclamation activities at the site might adversely affect nearby or adjacent mining activities.
          III. If OAML&R [Office of Abandoned Mine Lands and Reclamation] and DMR (Division of Mining and Reclamation) decide to proceed with the reclamation project, then they must concur in the following determinations:
          (A) The determination of the limits on any coal refuse, coal waste, or other coal deposits which can be extracted under the exemption contained in CSR 38-2-3.31.
          (B) The delineation of the boundaries of the Abandoned Mine Lands Project.
          IV. Documentation.
          (A) The following documentation must be included in the AML&R case file:
          (a) The determinations made under sections e.i.II. and e.i.III.
          (b) The information taken into account in making the determinations; and
          (c) The names of the parties making determinations.
          V. Special requirements.
          (A) For each project, OAML&R must do the following;
          (a) Characterize the site in terms of mine drainage, active slides and slide-prone areas, erosion and sedimentation, vegetation, toxic materials, and hydrologic balance;

          (b) Ensure that the reclamation project is conducted in accordance with the provision of 30 CFR Subchapter R and CSR 59-1 et seq.

          (c) Develop specific site reclamation requirements, including performance bond in accordance with West Virginia Code 22-3-26(b); and
          (d) Require the contractor conducting the reclamation to provide prior to the time reclamation begins applicable documents that clearly authorize the extraction of coal and payment of royalties.
          VI. Limitation.

          If the reclamation contractor extracts coal beyond the limits of the incidental coal specified in paragraph e.i.III.A. of this section, the contractor must obtain a permit under CSR 38-2 et seq. for mining such coal.

        Item 6.(g). The existing language concerning the recovery of coal from refuse piles, impoundments, or abandoned mine workings containing coal is deleted.
        Item 8. This item concerns the probability of post-reclamation management, maintenance and control of the area consistent with the reclamation completed. Language is deleted concerning requesting information from field offices “well in advance of submitting a Construction Grant to OSMRE.” A sentence concerning public meetings is deleted. Finally, a sentence is deleted concerning submittal of site selections and information to OSM after the intensive investigation process.
        Section IV. Coordination of Reclamation Work Among Abandoned Mine Land Programs
        Under the paragraph concerning the Rural Abandoned Mine Land Program (RAMP), new paragraph three is added to read as follows:

          3. The Office of Surface Mining has the responsibility for funding the Appalachian Clean Streams Initiative (ACSI), Watershed Cooperative Agreement (WCA) program, and the Federal Reclamation Program.
          The ACSI began as a broad based program to eliminate acid mine drainage from abandoned coal mines. The mission of the ASCI is to facilitate and coordinate citizen groups, university researchers, the coal industry, corporations, the environmental community, and local, state, and Federal government agencies that are involved in cleaning up streams polluted by acid mine drainage.
          The WCA program, as part of the ACSI, funds are available to award cooperative agreements to not-for-profit organizations, especially small watershed groups, that undertake local acid mine drainage reclamation projects. The maximum award amount for each cooperative agreement will normally be $100,000.

        Section VI. Reclamation on Private Land
        Subsection H. Under contractor responsibilities, four items are deleted at the end of this subsection concerning waste sites that are used in conjunction with an abandoned mine land project.
        Section VIII. Public Participation and Agency Review
        (1) State Plan Revision.
        Paragraph (a), concerning public participation, has been revised with several additions and deletions in the statement of public notice that was published in West Virginia regarding the current amendment. The language being revised related to an amendment to the AMLR Plan dating to 1987.
        The State also amended a paragraph concerning conducting a public meeting prior to submitting a grant application. References to grant applications are deleted and other language added relating to non-emergency construction projects. As amended, the paragraph provides as follows:

          Prior to submission(s) of a non-emergency construction project to the OSM for the issuance of an Authorization to Proceed (ATP), the WVDEP will conduct at least one public meeting in Charleston, West Virginia to describe the project submittal's contents. Additional public meetings may be conducted in other appropriate locations for specific sites in the non-emergency construction project in the following cases:

        In other areas, references to grants have been deleted, a reference to a grant has been changed to “non-emergency construction project,” and the words “environmental assessment” have been deleted in two places. Finally, at item (1) under the sentence “the Environmental Assessments may be reviewed by the following agencies,” a reference to the “Office of Culture and History” is deleted and replaced by “State Historic Preservation Office.”
        IX. Administrative Framework
        A. Organizational (State Level)
        In the second sentence, the description of the Office of Abandoned Mine Lands and Reclamation (OAML&R) has been changed from “eight” to “six” groups. Additionally, the following changes to the descriptions of the OAML&R have been made: “Grants/Administration” is now “Administration;” “Design” is now “Project Design;” “In-House Design” is deleted; “Construction” is changed to “Project Construction;” and “Special Reclamation Program and Stream Restoration” has been deleted. The word “Morgantown” has been deleted as a regional AML&R staff office. The following sentence is deleted:

          Staff from each group is located in each regional office, as stated above and is accountable to the Engineer on day-by-day operations, with general guidance from the Nitro Headquarters.

        Item 1. Under the sentence “the program is served by the following groups,” at Item 1., the heading “Grant/Administration” is changed to “Administration.” Language is added to the end of the last sentence, and an additional sentence is added to read as follows:

          They track expenditures as they relate to administrative and construction functions responsible for management of grants, budgets and financial administration of OAML&R. The Stream Restoration [Group] performing all program water monitoring functions.

        Item 3. The heading of this item is changed from “Planning Emergency Section” to “Planning Group.” In the first sentence, the word “selecting” is deleted and is replaced by the word “identifying.” The sentence that states “[a]nd preparing the construction grant application for submission to OSMRE” is deleted. Reference to “Construction Grant” is deleted. The words “in compliance with the National Environmental Policy Act (NEPA)” are added following the words “Environmental Assessment.” Finally, the following existing last two sentences of Item 3 are deleted:

          This group is also responsible for administering and conducting the Emergency Program. Please see the Emergency Program Amendment, which is attached to this document for a more detailed explanation of this component's function.

        Item 4. Under Emergency Group, the second sentence, relating to an earlier Plan amendment, is deleted.
        Item 5. Under Project Construction Group, the third sentence is deleted. The deleted sentence stated as follows: “This group also may recommend Change Orders to the Director.”
        Item 6. Under Project Design Group, this item is amended by deleting the words “projects” and “reclamation of” in the first sentence. The second sentence is amended by deleting language concerning “open end” contracts and adding language concerning design consultants. As amended, Item 6 provides as follows:

          6. Project Design Group—This group approves all consultant plans and specifications involving abandoned mine land projects and oversees the Office In-House design whose function of this component is to survey and design smaller abandoned mine land and bond forfeiture reclamation projects. They also evaluate and select design consultants [to] perform all necessary preparation of plans and specifications for projects. This group also administers exploratory drilling, aerial mapping and surveying contracts. The plans and specifications are used by contractors to bid on jobs.

        Items 7 and 8. These items have been deleted and provided as follows:

          7. Special Reclamation—The function of this component is to oversee reclamation of bond forfeiture projects. This includes bidding and inspections of reclamation projects which are paid for with bonds from forfeited permits.
          8. Stream Restoration—This group is involved with the treatment of acid mine drainage.

        B. Personnel Policies
        In the fourth paragraph, the address has been updated that identifies where copies of laws and regulations are available for public inspection as follows:

          Copies of these laws and regulations are available for public inspection in the offices of the WVDEP, 601 57th Street SE., Charleston, West Virginia 25304.

        The paragraph concerning performing a function or duty under Title IV of SMCRA has been amended as follows:

          All OAML&R personnel who perform a function or duty under Title IV of SMCRA, will complete and sign the standard “conflict of interest” form provided by OSM in accordance with West Virginia Code § 22-3-31(a).

        C. Purchasing and Procurement
        The existing language concerning the procedures concerning design consultant services is deleted and replaced with the following language:

          a. Projects greater than $250,000
          (1) Requesting program office develops the Expression of Interest (EOI) purpose, project, and scope of work, evaluation criteria, and questionnaire for evaluation.
          (2) The OAML&R must select a committee of three to five members to review the EOIs. All members must have training on the process prior to participating on the committee. They must select a chairperson for the committee.
          (3) This list of committee members is forwarded to Administrative services [Services] for review and approval.
          (4) Administrative Services forwards the package to the Purchasing Division for processing.
          (5) [The] Purchasing Division reviews the package to determine accuracy and compliance of rules and law.
          (6) If information is in compliance with WV Code 5G-1, the Purchasing Division places a Class II ad in the newspaper and publishes the EOI in the Purchasing Bulletin.
          (7) The agency receives a copy of the EOI with the opening time and date established.
          (8) On the EOI opening date, the Purchasing Division opens the EOIs and forwards the agency copies for review, along with a list of the firms submitting.
          (9) A meeting should be set for committee members to develop a short list (minimum of three firms). This short list will be developed by a consensus decision of the committee. Both information provided in the EOI and personal knowledge of a firm by a committee member or members can be used in developing the short list. Scores are not used to develop the short list.

          (10) After developing the short list, the committee shall score each short listed firm based on the evaluation criteria described in the EOI. Each firm begins with a score of 100 points and points are deducted based on the Consultant Qualification Evaluation. When points are deducted, the reason for the deductions must be provided. Reasons for deductions must be consistent from one firm to another for each EOI. Partial point deductions are not allowed. Points may be deducted for not having enough staff to perform the job[,] but the description of that deduction can not specify any particular project (i.e., DEP 11200). Points may not be deducted for using sub-consultants.

          (11) The points for qualifications and work experience should total 80 points. The remaining 20 points shall be used for oral interviews. The 20 points for oral interview will give the agency some flexibility (i.e., firms approach to the job, their creativeness). However, the point deductions must remain consistent. If five points are deducted for not meeting a prior project plan from one firm, then each firm that did not meet a prior project plan must have five points deducted.
          (12) A letter is prepared for the signature of all committee members to the Purchasing Division with the top three firms ranked in order by score.
          (13) The consensus evaluation, signed letter, and the Certification of Non-Conflict of Interest form is forwarded to Administrative Services for review. After the review and approval by the agency procurement officer, this package is submitted to the Purchasing Division for review and approval.
          (14) Once the evaluation is approved by the assigned Buyer, the Purchasing Divisions [Division's] Best Value Evaluation Committee convenes to review the request to ensure scores are fair and equitable.
          (15) After the Purchasing Divisions [Division's] approval, the agency is notified to start negotiations with the top firm.
          (16) A purchase order is prepared by the assigned Purchasing Division buyer. The bid file is prepared for the approval and signature process within the Purchasing Division.
          (17) The bid file is forwarded to the Attorney Generals [General's] Office (AG) for review and approval as to form. Once approved by the AG, the bid file is returned to the Purchasing Division. The purchase order is issued and placed in the U.S. Mail.
          (18) After receipt of the purchase order, the vendor can proceed with the project.
          b. Projects less than $250,000,
          (1) The program office in charge of the project for which design services are needed selects a minimum of three firms which they know have design knowledge of the particular types of work associated with the particular project.

          (2) After receipt of the questionnaire of qualifications, the program office rates those firms on their qualifications. The same qualification as shown for the EOI is used to score each firm. The highest qualified firm is then contacted in the form of a work directive which sets up an on-site meeting to show the project and request a cost proposal.
          (3) Costs are negotiated with that firm and if they reach an agreement, the appropriate paperwork is forwarded to administrative [Administrative] Services for review. If the cost negotiations are not successful with the first firm, you proceed with the next firm and follow that order until a cost is successfully negotiated.

          (4) A purchase order is prepared by the assigned Purchasing Division Buyer. The bid file is prepared for the approval and signature process within the Purchasing Division.
          (5) The bid file is forwarded to the Attorney Generals [General's] (AG) Office for review and approval as to form. Once approved by the AG, the bid file is returned to the Purchasing Division. The purchase order is encumbered and placed in the U.S. Mail.
          c. Definitions.
          Agency—DEP—Department of Environmental Protection.
          Agreement—A document used to acquire services from a firm for a preset fee covering a specific period of time. Terms & conditions are outlined in this form. The WV-48 Agreement form is used for delegated purchases and, on certain occasions, for services over $10,000 in the absence of any other formal written contract. The WV-48 must be completed, signed, and forwarded with other appropriate paperwork to the DEP Purchasing Office.
          Best Value Purchasing—Purchasing methods used in awarding a contract based on evaluating and comparing all established quality criteria where cost is not the sole determining factor in the award.
          Expression of Interest (EOI)—A best value purchasing tool used only in the selection of architects and engineers, which permits the state to award a contract to the most qualified firm at fair market value determined to be in the state's best interest.
          FIMS—Financial Information Management System used by State agencies for recording financial information and encumbrances.
          No-Debt Affidavit—A form required to be completed by all firms prior to the award of a contract. In accordance with 5A-3-10A of the West Virginia Code, no contract or renewal of any contract may be awarded to any vendor who is a debtor to the State of West Virginia in an aggregate amount of $5,000 or more. This form must be submitted with the purchase order recommendation.
          Program Office—Any of the offices within DEP (Division of Mining and Reclamation, Division of Land Restoration, Division of Water and Waste Management, Division of Air Quality, Office of Explosives & Blasting, Office of Abandoned Mine Lands, Office of Oil & Gas, Office of Legal Services, Office of Information Technology, Environmental Enforcement, Office of Environmental Remediation, and Administration/Executive Office.
          Purchase Order—A document issued by the Purchasing Division (WV-16) used to execute a purchase transaction with a vendor. It serves as notice to a vendor that an award has been made.
          Specifications—A detailed description of a commodity or service to be included in a solicitation or bid or an awarded contract.
          Team—Team Effort for Acquisition Management

        Existing paragraph (d) concerning “Construction Contracts” has been deleted in its entirety.
        D. Accounting System
        Item 2. The words “permanent posting charge number” and “posting charge” have been deleted and replaced by the words “project number.”
        Item 3. The words “as close as possible” have been deleted and replaced with the words “within specified limits.”
        Item 4. In the first sentence, the word “when” is inserted between the word “and” and the phrase “this office receives.” Also, the words “posting charge” are deleted and replaced by the word “project,” and the words “line item number” are deleted and replaced by the words “object code.”
        Emergency Reclamation Program
        A. Designated Agency by Governor To Receive Grants To Administer Emergency Programs
        The second sentence is amended by adding a phrase to clarify that WVDEP was “formerly the West Virginia Department of Energy.”
        B. Legal Opinion From State Attorney General Regarding Emergency Program Administration
        In the second sentence, the citation “WV Code Section 22-3” is deleted, and in the third sentence, the citation “Chapter 22-3-4(b)(1)(A)” is changed to “Chapter 22-2-4(b)(1)(A).” In the language that follows the corrected citation to Chapter 22-2-4(b)(1)(A), at (b)(A), the reference to Title “38” is deleted and “59” is added in its place.
        C. Policies and Procedures Regarding the Emergency Reclamation Program
        Item 6. Existing Item 6 concerns a public meeting for a previous amendment to the AMLR Plan and is being deleted.
        D. Administrative and Managerial Structure
        Item 2. The following language is being deleted at the beginning of Item 2:

          Six of the positions assigned to the Emergency Group of the Abandoned Mine Lands and Reclamation Section consist of technical personnel. These positions include 5 inspectors and 2 engineers.

        The last sentence at the end of the existing second paragraph is being deleted. That sentence stated that “[t]hese are all newly created positions.”

        The last two sentences in the existing third paragraph (the second sentence contains a reference to page 75) are being deleted. In their place, a new sentence is added which states that “[t]his procedures (sic) is in compliance to [with] the Department of Administration, Division of Purchasing.”
        Item 3. Under (c) Immediate Follow-up, at (ii), language is being deleted concerning an engineer, realty specialist, and is replaced by the phrase “appropriate personnel.” Also, the last sentence is being deleted which provides that “[t]his visit will be coordinated with the Federal Office of Surface Mining Reclamation and Enforcement.” As amended, subparagraph (ii) reads as follows:

          (ii) Appropriate personnel will be dispatched to the site as soon as possible if a valid emergency situation exists.

        At paragraph (iv), “color slides” is being revised to “photos.”
        At paragraph (vi), the word “appropriate” is being added between the words “conduct” and “appraisals.” The words “if indicated” are deleted at the end of the sentence.
        At paragraph (ix), the last sentence is deleted that reads: “[t]he details of these procedures are in the Emergency Purchases Section.”
        (d) Inspections
        At paragraph (ii), the words “their immediate supervisors, who will turn them into the Nitro” are being deleted. In their place, the words “Charleston-Kanawha City Headquarters” are added.
        F. Emergency Purchases
        Item 6. This item is being deleted. The deleted language reads as follows:

          6. In addition to the above stated procedure, at the time of this writing an open end or bilateral contract for construction services is being assembled which may be utilized for emergency services.
          The following page shows the technical evaluation sheet used to assist in selecting consultants. The factors may be revised in the future to reflect different needs.
          G. Emergency Reclamation Activities
          Language is being deleted that relates to the number of emergency projects completed as of 1987.
          Water Supply

          In the first sentence, the word “construction” is deleted between the phrase “to the State in its” and the word “grant.” Also, the words “any year” are deleted from between the word “grant” and the phrase “for the purpose of replacing.”
          Target Areas For AML assistance
          Item (3). In the second paragraph, the words “and submitted to the Federal Office of Surface Mining for funding approval” are deleted from the end of the first sentence. As revised, the sentence reads as follows: “After a pool of eligible projects is determined, potential projects are selected.”
          Revision to State Reclamation Plan Reflecting Amendments to Title IV of the SMCRA
          A. Expanded Eligibility Criteria. Item (2). In the second paragraph, the citation “45 FR 14810-14819 March 6, 1980” is being deleted and replaced by the following citation: “66 FR 31250-31258, June 11, 2001.”
          B. Acid Mine Drainage Treatment and Abatement Program. Language is being amended concerning coordination between the State and the Natural Resources Conservation Service (NRCS). The State has deleted references to the Rural Abandoned Mine Program and to the U.S. Bureau of Mines. As amended, the language is as follows:

          After consultation with the NRCS, the State may reclaim certain areas that are severely impacted by acid mine drainage. (This coordination will continue the already present cooperative effort between the State and the NRCS).

        III. Public Comment Procedures
        Under the provisions of 30 CFR 884.15(a), we are requesting your comments on whether West Virginia's AMLR Plan amendment satisfies the applicable State reclamation plan approval criteria of 30 CFR 884.14.
        The proposed amendments to the West Virginia AMLR Plan can be approved if:
        1. The public has been given adequate notice and opportunity to comment and the administrative record does not reflect major unresolved controversies;
        2. Views of other Federal agencies have been solicited and considered;
        3. The State has the legal authority, policies, and administrative structure to carry out the State AMLR Plan;
        4. The State AMLR Plan meets all the requirements of the Federal AMLR program provisions;
        5. The State has an approved regulatory program; and
        6. The State AMLR Plan is in compliance with all applicable State and Federal laws and regulations.
        If we approve the proposed amendments, they will immediately become part of the West Virginia AMLR Plan.
        Written Comments

        Send your written or electronic comments to OSM at the address given above. Your written comments should be specific, pertain only to the issues proposed in this rulemaking, and include explanations in support of your recommendations. We may not consider or respond to your comments when developing the final rule if they are received after the close of the comment period (see DATES). We will make every attempt to log all comments into the administrative record, but comments delivered to an address other than the Charleston Field Office may not be logged in.
        Electronic Comments

        Please submit Internet comments as an ASCII or Word file avoiding the use of special characters and any form of encryption. Please also include “Attn: SATS No. WV-111-FOR, and your name and return address in your Internet message. If you do not receive a confirmation that we have received your Internet message, contact the Charleston Field Office at (304) 347-7158.
        Availability of Comments
        We will make comments, including names and addresses of respondents, available for public review during normal business hours. We will not consider anonymous comments. If individual respondents request confidentiality, we will honor their request to the extent allowable by law. Individual respondents who wish to withhold their name or address from public review, except for the city or town, must state this prominently at the beginning of their comments. We will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety.
        Public Hearing

        If you wish to speak at the public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m. (local time), on October 3, 2006. If you are disabled and need special accommodations to attend a public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT. We will arrange the location and time of the hearing with those persons requesting the hearing. If no one requests an opportunity to speak, we will not hold a hearing.
        To assist the transcriber and ensure an accurate record, we request, if possible, that each person who speaks at the public hearing provide us with a written copy of his or her comments. The public hearing will continue on the specified date until everyone scheduled to speak has been given an opportunity to be heard. If you are in the audience and have not been scheduled to speak and wish to do so, you will be allowed to speak after those who have been scheduled. We will end the hearing after everyone scheduled to speak and others present in the audience who wish to speak, have been heard.
        Public Meeting

        If only one person requests an opportunity to speak, we may hold a public meeting rather than a public hearing. If you wish to meet with us to discuss the proposed AMLR plan amendment, please request a meeting by contacting the person listed under FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the public and, if possible, we will post notices of meetings at the locations listed under ADDRESSES. We will make a written summary of each meeting a part of the Administrative Record.
        IV. Procedural Determinations
        Executive Order 12630—Takings
        This rule does not have takings implications. This determination is based on the analysis performed for the counterpart Federal regulation.
        Executive Order 12866—Regulatory Planning and Review
        This rule is exempt from review by the Office of Management and Budget under Executive Order 12866.
        Executive Order 12988—Civil Justice Reform
        The Department of the Interior has conducted the reviews required by section 3 of Executive Order 12988 and has determined that this rule meets the applicable standards of subsections (a) and (b) of that section. However, these standards are not applicable to the actual language of State or Tribal abandoned mine land reclamation plans and plan amendments because each program is drafted and promulgated by a specific State or Tribe, not by OSM. Decisions on proposed abandoned mine land reclamation plans and plan amendments submitted by a State or Tribe are based solely on a determination of whether the submittal meets the requirements of Title IV of SMCRA (30 U.S.C. 1231-1243) and 30 CFR part 884 of the Federal regulations.
        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 abandoned mine land reclamation programs. 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 405(d) of SMCRA requires State abandoned mine land reclamation programs to be in compliance with the procedures, guidelines, and requirements established under 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 basis for this determination is that our decision is on a State abandoned mine land reclamation plan and does not involve a Federal regulation involving Indian lands.
        Executive Order 13211—Regulations That Significantly Affect the Supply, Distribution, or Use of Energy
        On May 18, 2001, the President issued Executive Order 13211 which requires agencies to prepare a Statement of Energy Effects for a rule that is (1) considered significant under Executive Order 12866, and (2) likely to have a significant adverse effect on the supply, distribution, or use of energy. Because this rule is exempt from review under Executive Order 12866 and is not expected to have a significant adverse effect on the supply, distribution, or use of energy, a Statement of Energy Effects is not required.
        National Environmental Policy Act
        This rule does not require an environmental impact statement because agency decisions on proposed State and Tribal abandoned mine land reclamation plans are categorically excluded from compliance with the National Environmental Policy Act (42 U.S.C. 4332) by the Manual of the [*33277] Department of the Interior (516 DM 6, appendix 8, paragraph 8.4B(29)).section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency decisions on proposed State regulatory program provisions do not constitute major Federal actions within the meaning of section 102(2)(C) of the National Environmental Policy Act (42 U.S.C. 4332(2)(C)).
        Paperwork Reduction Act

        This rule does not contain information collection requirements that require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 3507 et seq.).
        Regulatory Flexibility Act

        The Department of the Interior certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The State submittal, which is the subject of this rule, is based upon counterpart Federal regulations for which an economic analysis was prepared and certification made that such regulations would not have a significant economic effect upon a substantial number of small entities. In making the determination as to whether this rule would have a significant economic impact, the Department relied upon the data and assumptions for the counterpart Federal regulations.
        Small Business Regulatory Enforcement Fairness Act
        This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This rule: (a) Does not have an annual effect on the economy of $100 million; (b) Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; and (c) Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. This determination is based upon the 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 948
          Intergovernmental relations, Surface mining, Underground mining.

          Dated: August 18, 2006.
          Michael K. Robinson,
          Acting Regional Director, Appalachian Region.

       [FR Doc. E6-15444 Filed 9-15-06; 8:45 am]
      BILLING CODE 4310-05-P