[Federal Register Volume 61, Number 178 (Thursday, September 12, 1996)]
[Proposed Rules]
[Pages 48110-48112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22968]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 946

[VA-106-FOR]


Virginia Regulatory Program

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

ACTION: Proposed rule; notice of opportunity for hearing or public 
meeting.

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SUMMARY: OSM is announcing a hearing (or public meeting if only one 
person requests a hearing) 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 amendment for which the hearing is being announced 
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 (60 FR 16772).

DATES: The hearing is scheduled for Wednesday, September 18, 1996, at 
7:00 p.m. at the Big Stone Gap Field Office. Requests to speak at the 
hearing must be received by 4:00 p.m., on September 16, 1996. If a 
public meeting is held instead of a hearing, it will be held on 
Wednesday, September 18, 1996, at the Big Stone Gap Field Office at a 
time to be determined.

ADDRESSES: Request to offer testimony at the hearing 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 the scheduled public hearing (or public meeting if only one person 
wishes to provide testimony), and all written comments received in 
response to the

[[Page 48111]]

amendment 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 292506). In that notice, however, OSM did not 
specifically point out that, at Sec. 480-03-19.817.121(c)(4), Virginia 
proposes to normally use a 28-degree angle of draw presumption for the 
rebuttable presumption of causation by subsidence provision. The 
counterpart Federal provisions at 30 CFR 817.121(c)(4) provides that a 
30-degree angle of draw will normally apply.
    30 CFR 817.121(c0(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.
    OSM reopened the public comment period on July 24, 1996 (61 FR 
38422) for fifteen days. One person requested a public hearing on the 
28-degree angle of draw provision.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 731.17(h), OSM is 
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 be come part of the Virginia program.

Public Hearing

    Persons wishing to comment at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by close of 
business on September 16, 1996.
    Filing of a written statement at the time of the hearing is 
requested as it will greatly assist the transcriber. Submission of 
written statements in advance of the hearing will allow OSM officials 
to prepare adequate responses and appropriate questions.
    The public hearing will continue on the specified date until all 
persons scheduled to comment have been heard. Persons in the audience 
who have not been scheduled to comment, and who wish to do so, will be 
heard following those scheduled. The hearing will end after all persons 
scheduled to comment and persons present in the audience who wish to 
comment have been heard.

Public Meeting

    If only one person requests an opportunity to comment at the 
hearing, a public meeting, rather than a public hearing, will be held. 
Persons wishing to meet with OSM representatives to discuss the 
proposed amendments may request a meeting at the Big Stone Gap Field 
Office by contacting the person listed under FOR FURTHER INFORMATION 
CONTACT. All such meetings will be open to the public and, if possible, 
notices of meetings will be posted in advance at the locations listed 
under ADDRESSES. A written summary of each public meeting will be made 
part of the Administrative Record.
    Any disabled individual who has need for a special accommodation to 
attend the public hearing should contact the individual listed under 
FOR FURTHER INFORMATION CONTACT.

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 12988 (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 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

[[Page 48112]]

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

    Intergovermental relations, Surface mining, Underground mining.

    Dated: August 28, 1996.
Vann Weaver,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 96-22968 Filed 9-11-96; 8:45 am]
BILLING CODE 4310-05-M