[Federal Register Volume 62, Number 66 (Monday, April 7, 1997)]
[Proposed Rules]
[Pages 16509-16510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8789]
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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; reopening of comment period.
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SUMMARY: OSM is reopening the comment period on information submitted
by Virginia concerning parts 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 information submitted by Virginia for which the comment period is
being reopened includes Virginia's technical justification for the
proposed use of a 28-degree angle of draw with the rebuttable
presumption of causation by subsidence provision. Virginia's proposed
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: Comments must be received by 4:00 p.m., on April 22, 1997.
ADDRESSES: Written 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, the
technical justification for the 28-degree angle of draw, other
information submitted by Virginia, and all written comments received in
response to this 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 amendment was published in the June 11, 1996, Federal
Register (61 FR 29506), and in the same notice, OSM opened the public
comment period and provided opportunity for a public hearing on the
adequacy of the proposed amendment. The comment period closed on July
11, 1996. The public comment period was reopened on July 24, 1996 (61
FR 38422), to accept additional comments on the proposed use of a 28-
degree angle of draw with the rebuttable presumption of causation by
subsidence provision. That comment period ended on August 8, 1996. On
September 12, 1996 (61 FR 48110), OSM announced a scheduled public
hearing on the proposed amendments. The hearing was held on September
18, 1996 (Administrative Record Number VA-896).
By letter dated July 11, 1996 (Administrative Record Number VA-
894), OSM requested that Virginia provide additional information on the
proposed amendments, including technical justification for the use of
the 28-degree angle of draw. Virginia responded to that request for
additional information by letter dated January 3, 1997 (Administrative
Record Number VA-902). OSM is reopening the public comment period on
the additional information submitted by Virginia, including the
technical justification of the use of a 28-degree angle of draw.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is
seeking comment on whether the additional information submitted by
Virginia satisfies the applicable program approval criteria of 30 CFR
732.15. If the amendments are deemed adequate, they will become part of
the Virginia program.
Written Comments
Written comments should be specific, pertain only to the issues
proposed in
[[Page 16510]]
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 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: March 26, 1997.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 97-8789 Filed 4-4-97; 8:45 am]
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