[Federal Register Volume 63, Number 246 (Wednesday, December 23, 1998)]
[Proposed Rules]
[Pages 71047-71049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33920]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 946

[VA-113-FOR]


Virginia Regulatory Program

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

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

-----------------------------------------------------------------------

SUMMARY: OSM is announcing receipt 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 provides clarification of an existing 
State directive concerning permit revisions. The amendment is intended 
to improve the operational efficiency of the State program.

DATES: Written comments must be received by 4:00 p.m., on January 22, 
1999. If requested, a public hearing on the proposed amendment will be 
held on January 19, 1999. Requests to speak at the hearing must be 
received by 4:00 p.m., on January 7, 1999.

ADDRESSES: Written comments and requests to speak 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 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
      or
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.

[[Page 71048]]

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 November 17, 1998 (Administrative Record No. VA-
959), the Virginia Department of Mines, Minerals and Energy (DMME) 
submitted a clarification dated September 18, 1998, to its existing 
policy for implementing its regulations at 4VAC 25-130-774.13(b)(2) 
concerning permit revisions. The clarification informs permittees of 
the informational and procedural requirements for revisions that 
propose to change an existing permit boundary.
    The proposed clarification is as follows:

    The following information provides guidance to improve 
consistency and to enable you to properly plan for any addition of 
acreage to your permit. The Virginia law and regulation dealing with 
such additions conform to the federal definitions.
    The Virginia Regulation at 4 VAC 25-130-774.13 (d) requires: 
Request to change permit boundary. Any extension to the area covered 
by the permit, except incidental boundary revisions, shall be made 
by application for a new permit.
    Consistent with this regulation, any request for a non-
incidental extension to the area covered by an existing permit shall 
be made by application for a new permit using the Division's permit 
application forms DMLR-PT-034e, DMLR-PT-034p, DMLR-PT-034o. It 
should be noted that these new forms are the same forms that the 
Division will use to implement Electronic Permitting in a few 
months. Implementing usage of these forms at this time will be a 
precursor to Electronic Permitting and will allow permittees to 
become familiar with the format of what will be required for 
Electronic Permitting. Permittees may use one of two options in 
submitting the application for a new permit:
    1. The application may be for a completely new permit for the 
proposed area, with a new permit number issues and new issuance, 
expiration and anniversary dates assigned; or
    2. The application may combine the existing permit area with the 
proposed additional area. The permit number would remain the same, 
as well as the permit issuance, expiration and anniversary date. 
This application may reference any applicable parts of the 
previously approved permit plans (with copies of the relevant 
sections included), but it shall provide all the information 
necessary for a new permit on the proposed additional area. This new 
information shall also include any portions of the plans for the 
previously approved permit area, if they are affected by the 
addition of the new area and shall be revised. The application will 
be processed as a new permit application.
    With these two options, the applicant retains the discretion to 
apply for a separate and distinct permit for the new area, resulting 
in two separate permits with different permit numbers or to retain 
the existing permit number. However, when DMLR finds the new area is 
not a functional extension of the existing permit, but rather a 
separate operation, the Division may require an application for a 
separate permit.
    Incidental boundary revisions (IBR) include only minor changes 
to permit boundaries that are incidental to the approved operations; 
such as road alignment, drainage alignment, parking areas, 
additional entries/punch-outs for underground operations, or other 
non-coal removal functions necessary for the orderly and continuous 
conduct of the approved operation.
    A proposal to increase the area available for coal removal will 
not be treated as an IBR unless the coal removal is incidental to 
the primary purpose of the revision. For example, if the realignment 
of a road also involved mining a small amount of coal in the road 
cut, and/or the increase in area is minor then it may be deemed an 
IBR. The Division may also approve small adjustments to the permit 
boundary as an IBR when there is no net increase in the permitted 
area.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is now 
seeking comment on whether the amendment proposed by Virginia 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.

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 January 7, 1999. If no one requests an opportunity to 
comment at a public hearing, the hearing will not be held.
    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 Hearing

    If only one person requests an opportunity to comment at a hearing, 
a public meeting, rather than a public hearing, may 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 a 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

[[Page 71049]]

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: December 16, 1998.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 98-33920 Filed 12-22-98; 8:45 am]
BILLING CODE 4310-05-M