[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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