[Federal Register Volume 61, Number 143 (Wednesday, July 24, 1996)]
[Proposed Rules]
[Pages 38422-38423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18782]


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DEPARTMENT OF THE INTERIOR
30 CFR Part 946

[VA-106-FOR]


Virginia Regulatory Program

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

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: OSM is reopening the comment period on a portion of a proposed 
amendment to the Virginia regulatory program (hereinafter referred to 
as the Virginia program) under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA). The proposed amendment for which the 
comment period is being reopened concerns the proposed use of a 28-
degree angle of draw with the rebuttable presumption of causation by 
subsidence provision. The amendment is intended to revise the State 
program to be consistent with the federal regulations as amended on 
March 31, 1995.

DATES: Written comments must be received by 4:00 p.m., August 8, 1996.

ADDRESSES: When comments should be mailed or hand delivered to Mr. 
Robert A. Penn, Director, Big Stone Gap Field Office at the first 
address listed below.
    Copies of the Virginia program, the proposed amendment, a listing 
of any scheduled public hearings, and all written comments received in 
response to this document will be available for public review at the 
addresses listed below during normal business hours, Monday through 
Friday, excluding holidays. Each requestor may receive one free copy of 
the proposed amendment by contacting OSM's Big Stone Gap Field Office.

Office of Surface Mining Reclamation and Enforcement, Big Stone Gap 
Field Office, 1941 Neeley Road, Suite 201, Compartment 116, Big Stone 
Gap, Virginia 24219, Telephone: (703) 523-4303
Virginia Division of Mined Land Reclamation, P. O. Drawer 900, Big 
Stone Gap, Virginia 24219, Telephone: (703) 523-8100.

FOR FURTHER INFORMATION CONTACT: Mr. Robert A. Penn, Director, Big 
Stone Gap Field Office, Telephone: (703) 523-4303.

SUPPLEMENTARY INFORMATION: 

I. Background on the Virginia Program

    On December 15, 1981, the Secretary of the Interior conditionally 
approved the Virginia program. Background information on the Virginia 
program, including the Secretary's findings, the disposition of 
comments, and the conditions of approval can be found in the December 
15, 1981, Federal Register (46 FR 61085-61115). Subsequent actions 
concerning the conditions of approval and program amendments can be 
found at 30 CFR 946.12, 946.13, 946.15, and 946.16.

II. Discussion of the Proposed Amendment

    By letter dated May 21, 1996 (Administrative Record No. VA-882), 
Virginia submitted amendments to the Virginia program concerning 
subsidence damage. The amendments are intended to make the Virginia 
program consistent with the Federal regulations as amended on March 31, 
1995 (60 FR 16722). Virginia stated that the proposed amendments 
implement the standards of the Federal Energy Policy Act of 1992, and 
sections 45.1-243 and 45.1-258 of the Code of Virginia.
    The proposed amendments were announced in the June 11, 1996, 
Federal Register (61 FR 29506). In that notice, however, OSM did not 
specifically point out that, at Sec. 480-03-19.817.121(c)(4), Virginia 
proposed to normally use a 28-degree angle of draw presumption for the 
rebuttable presumption of causation by subsidence provision. The 
counterpart Federal provision at 30 CFR 817.121(c)(4) provides that a 
30-degree angle of draw will normally apply.
    30 CFR 817.121(c)(4) also authorizes the use of a different angle 
of draw (other than 30 degrees) if the regulatory authority shows in 
writing that the proposed angle has a more reasonable basis than the 
30-degree angle of draw, based on geotechnical analysis of the factors 
affecting potential surface impacts of underground coal mining 
operations in the State.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is now 
seeking comment on whether the amendment identified above satisfies the 
applicable program approval criteria of 30 CFR 732.15. If the amendment 
is deemed adequate, it will become part of the Virginia program.

Written Comments

    Written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under DATES or at locations other than the Big Stone Gap Field Office 
will not necessarily be considered in the final rulemaking or included 
in the Administrative Record.

IV. Procedural Determinations

Executive Order 12866

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866 (Regulatory Planning and 
Review).

Executive Order 12988

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12778 (Civil Justice Reform) and has 
determined that, to the extent allowed by law, this rule meets the 
applicable standards of subsections (a) and (b) of that section. 
However, these standards are not applicable to the actual language of 
State regulatory programs and program amendments since each such 
program is drafted and promulgated by a specific State, not by OSM. 
Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and 30 
CFR 730.11, 732.15 and 732.17(h)(10), decisions on proposed State 
regulatory programs and program amendments submitted by the States must 
be based solely on a determination of whether the submittal is 
consistent with SMCRA and its implementing Federal regulations

[[Page 38423]]

and whether the other requirements of 30 CFR Parts 730, 731, and 732 
have been met.

National Environmental Policy Act

    No environmental impact statement is required for this rule since 
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 has determined 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. Accordingly, this rule will ensure that existing requirements 
previously promulgated by OSM will be implemented by the State. 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.

Unfunded Mandates

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 946

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: July 17, 1996.
Tim L. Dieringer,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 96-18782 Filed 7-23-96; 8:45 am]
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