[Federal Register Volume 64, Number 219 (Monday, November 15, 1999)]
[Proposed Rules]
[Pages 61805-61807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29715]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 946
[VA-116-FOR]
Virginia Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; reopening of public comment period.
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SUMMARY: OSM is reopening the public comment period on 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 consists of the
following: a statutory change to the Virginia Act at
[[Page 61806]]
section 45.1-235 C as enacted in the 1999 session of the Virginia
General Assembly; proposed regulation changes at section 4 VAC 25-130-
700.5 to the definitions of ``government financed construction'' and
``qualified laboratory;'' and proposed regulation changes to section 4
VAC 25-130 Part 795 concerning the small operator assistance program
(SOAP). The comment period is being reopened to provide opportunity to
comment on two changes to 4 VAC 25-130-795.11(b) concerning SOAP
funding. The amendment is intended to revise the Virginia program to be
consistent with the corresponding Federal provisions.
DATES: Your written comments must be received by 4 p.m., on November
30, 1999.
ADDRESSES: Your 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 that we
receive in response to this document will be available for your review
at the addresses listed below during normal business hours, Monday
through Friday, excluding holidays. Each person 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. You can find background information on
the Virginia program, including the Secretary's findings, the
disposition of comments, and the conditions of approval in the December
15, 1981, Federal Register (46 FR 61085-61115). You can find later
actions concerning the conditions of approval and program amendments at
30 CFR 946.12, 946.13, 946.15, and 946.16.
II. Discussion of the Proposed Amendment
By letter dated August 2, 1999 (Administrative Record No. VA-978),
the Virginia Department of Mines, Minerals and Energy (DMME) submitted
an amendment to the Virginia program. This amendment is the State's
response to changes made to the Federal SOAP regulations at 30 CFR Part
795, and to the Federal definition of ``government-financed
construction'' at 30 CFR 707.5.
We announced receipt of the proposed amendment in the August 20,
1999, Federal Register (64 FR 45489), invited public comment, and
provided an opportunity for a public hearing on the adequacy of the
proposed amendment. The comment period closed on September 20, 1999. No
one requested to speak at a public hearing, so no hearing was held.
By letters dated October 1, 1999 (Administrative Record Number VA-
987), and October 28, 1999 (Administrative Record Number VA-993) the
DMME submitted amendments to 4 VAC 25-130-795.11(b). We are reopening
the comment period to provide opportunity to comment on the two new
changes which are described below. 4 VAC 25-130-795.11(b) Assistance
Funding.
This provision is amended by deleting the words ``is authorized
to'' and replacing those words with the word ``shall.'' As amended,
this provision states that the Division shall establish a formula for
allocating funds to provide services for eligible small operators if
available funds are less than those required to provide the services
pursuant to this part.
In addition, the DMME submitted its formula for allocating limited
funds. The DMME stated that, should available funds ever be
insufficient to provide all requested and appropriate assistance to
eligible small operators, the DMME will provide services on a first
come, first serve basis. The funds will be used in order of the
application dates for the requested assistance.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), we are now
seeking your comments on whether the amendments discussed above satisfy
the applicable program approval criteria of 30 CFR 732.15. If we
determine that the amendments are adequate, they will become part of
the Virginia program.
Written Comments
Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours. Individual respondents may request that we withhold
their home address from the rulemaking [or administrative] record,
which we will honor to the extent allowable by law. There also may be
circumstances in which we would withhold from the rulemaking [or
administrative] record a respondent's identity, as allowable by law. If
you wish us to withhold your name and/or address, you must state this
prominently at the beginning of your comment. However, we will not
consider anonymous comments. We will make all submissions from
organizations or businesses, and from individuals identifying
themselves as representatives or officials of organizations or
businesses, available for public inspection in their entirety.
Your written comments should be specific, pertain only to the
issues proposed in this rulemaking, and include explanations in support
of your recommendations. If your comments are received after the time
indicated under DATES or at locations other than the Big Stone Gap
Field Office, we will not necessarily consider them in the final
rulemaking or include them 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 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.
[[Page 61807]]
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: November 3, 1999.
Vann Weaver,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 99-29715 Filed 11-12-99; 8:45 am]
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