[Federal Register Volume 67, Number 215 (Wednesday, November 6, 2002)]
[Proposed Rules]
[Pages 67576-67580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28202]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 948

[WV-092-FOR]


West 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: 
    We are reopening the public comment period on an amendment to the 
West Virginia surface mining regulatory program (the West Virginia 
program) under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA or the Act). The program amendment consists of changes to the 
Code of West Virginia (W. Va. Code) as contained in Senate Bill 603. We 
are reopening the comment period to provide an opportunity to review 
and comment on additional amendments to the W. Va. Code and the Code of 
State Regulations (CSR) provided by the State under Senate Bill 698. 
The amendments concern the Office of Coalfield Community Development, 
and relate to the West Virginia program.
    This document gives the times and locations that the West Virginia 
program and the proposed amendment to that program are available for 
your inspection, the comment period during which you may submit written 
comments on the amendment, and the procedures that we will follow for 
the public hearing, if one is requested.

DATES: We will accept written comments on this amendment until 4 p.m. 
(local time), December 6, 2002. If requested, we will hold a public 
hearing on the amendment on December 2, 2002. We will accept requests 
to speak at a hearing until 4:00 p.m. (local time), on November 21, 
2002.

ADDRESSES: You should mail or hand deliver written comments and 
requests to speak at the hearing to Mr. Roger W. Calhoun at the address 
listed below.
    You may review copies of the West Virginia program, this amendment, 
the previous amendment, a listing of any scheduled public hearings, and 
all written comments received in response to this document at the 
addresses listed below during normal business hours, Monday through 
Friday, excluding holidays. You may receive one free copy of the 
amendment by contacting OSM's Charleston Field Office.
    Mr. Roger W. Calhoun, Director, Charleston Field Office, Office of 
Surface Mining Reclamation and Enforcement, 1027 Virginia Street, East, 
Charleston, West Virginia 25301, Telephone: (304) 347-7158. E-mail: 
[email protected].
    West Virginia Department of Environmental Protection, 10 McJunkin 
Road, Nitro, West Virginia 25143, Telephone: (304) 759-0510. The 
proposed amendment will be posted at the West Virginia Department of 
Environmental Protection's Internet home page: http://www.dep.state.wv.us.
    In addition, you may review copies of the proposed amendment during 
regular business hours at the following locations:
    Office of Surface Mining Reclamation and Enforcement, Morgantown 
Area Office, 75 High Street, Room 229, P.O. Box 886, Morgantown, West 
Virginia 26507, Telephone: (304) 291-4004 (By appointment only).
    Office of Surface Mining Reclamation and Enforcement, Beckley Area 
Office, 313 Harper Park Drive, Beckley, West Virginia 25801, Telephone: 
(304) 255-5265.

FOR FURTHER INFORMATION CONTACT: Mr. Roger W. Calhoun, Director, 
Charleston Field Office; Telephone: (304) 347-7158. Internet address: 
[email protected].

SUPPLEMENTARY INFORMATION:
I. Background on the West Virginia Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

I. Background on the West Virginia Program

    Section 503(a) of the Act permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that 
its State program includes, among other things, ``a State law which 
provides for the regulation of surface coal mining and reclamation 
operations in accordance with the requirements of the Act***; and rules 
and regulations consistent with regulations issued by the Secretary 
pursuant to the Act.'' See 30 U.S.C. 1253(a)(1) and (7). On the basis 
of these criteria, the Secretary of the Interior conditionally approved 
the West Virginia program on January 21, 1981. You can find background 
information on the West Virginia program, including the Secretary's 
findings, the disposition of comments, and conditions of approval of 
the West Virginia program in the January 21, 1981 Federal Register (46 
FR 5915). You can also find later actions concerning West Virginia's 
program and program amendments at 30 CFR 948.10, 948.12, 948.13, 
948.15, and 948.16.

II. Description of the Proposed Amendment

    By letter dated May 21, 2001 (Administrative Record Number WV-
1217), the West Virginia Department of Environmental Protection (WVDEP) 
sent us a proposed amendment to its program under SMCRA (30 U.S.C. 1201 
et seq.). The proposed amendment consists of changes to the W. Va. Code 
at chapters 22-3 (West Virginia Surface Coal Mining and Reclamation 
Act) and 5B-2A (Office of Coalfield Community Development) as contained 
in Senate Bill 603.
    We announced the receipt and provided an opportunity to comment on 
the amendment in the June 20, 2001, Federal Register (66 FR 33032) 
(Administrative Record Number WV-1219).
    By letter and electronic mail dated August 12, 2002, WVDEP sent us 
additional amendments that relate to its program as contained in Senate 
Bill 698 (Administrative Record Numbers WV-1325 and WV-1326). The 
amendment consists of changes to W. Va. Code 5B-2A and implementing 
regulations at CSR 145-8. Enrolled Senate Bill 698 was signed by the 
Governor on March 21, 2002.
    The State's provisions at W. Va. Code 5B-2A and CSR 145-8 have not 
been previously approved by OSM. The proposed rules at CSR 145-8 
implement

[[Page 67577]]

and help clarify the statutory provisions at W. Va. Code 5B-2A. There 
are many cross-references in these provisions to the State's surface 
mining program at W. Va. Code 22-3. In general, the State's provisions 
at W. Va. Code 5B-2A and CSR 145-8 appear to be outside the scope of 
the State's surface coal mining regulatory program, and, as such, may 
not require our approval before the State can implement them. However, 
due to the many cross-references to the State's surface mining program 
in these provisions, the proposed provisions may modify the approved 
program in some ways. Therefore, we are asking for public comment on 
whether or not the proposed provisions submitted on August 12, 2002, 
and the earlier revisions submitted on May 21, 2001, modify the 
approved West Virginia program in any way, and whether or not such 
modifications render the West Virginia program less stringent than 
SMCRA or less effective than the Federal regulations.
    The new statutory amendments are summarized below.

1. W. Va. Code 5B-2A. Office of Coalfield Community Development

    In general, State Senate Bill 698 deletes W. Va. Code section 5B-
2A-7, which required the Office of Coalfield Community Development 
(Office) to develop coalfield community development statements, and 
deletes references to such impact statements in sections 5B-2A-5, 8, 9 
and 12. W. Va. Code is also amended by adding a subsection (b), which 
authorizes the promulgation of emergency rules at CSR 145-8 to 
incorporate the revisions to W. Va. Code 5B-2A.
5B-2A-7. Coalfield Community Development Statement
    Coalfield community development statement provisions are deleted in 
their entirety. This section required that the Office of Coalfield 
Community Development coordinate the development of a coalfield 
community development statement that, among other requirements, shall 
include an evaluation of the future of the community once mining 
operations are completed.
5B-2A-5. Powers and Duties
    Paragraph 5B-2A-5(2), which authorized the office to establish a 
procedure for developing and implementing coalfield community 
development statements, is deleted.
5B-2A-8. Determining and Developing Needed Community Assets
    Paragraph 5B-2A-8(a) is amended by deleting language that refers to 
the coalfield community development statement that was required by the 
deleted section 5B-2A-7. As amended, subsection 5B-2A-8(a) provides as 
follows:

    The office shall determine the community assets that may be 
developed by the community, county or region to foster its viability 
when surface mining operations are completed.

    Subsection 5B-2A-8(c) is amended by deleting a phrase that includes 
reference to the coalfield community development statement that was 
required by deleted section 5B-2A-7. As amended, subsection 5B-2A-8(c) 
provides that ``The operator shall be required to prepare and submit to 
the office the information set forth in this subsection as follows.''
    Paragraph 5B-2A-8(d)(4), which referred to the determinations made 
during the development of the coalfield community development statement 
that was required by deleted section 5B-2A-7, is deleted.
5B-2A-9. Securing Developable Land and Infrastructure
    Subsection 5B-2A-9(a) is amended by deleting language that referred 
to the community development statement that was required by deleted 
section 5B-2A-7. As amended, subsection 5B-2A-9(a) provides as follows:

    (a) The office shall determine the land and infrastructure needs 
in the general area of the surface mining operations.

    Subsection 5B-2A-9(c) is amended by deleting a reference to the 
coalfield community development statement that was required by deleted 
section 5B-2A-7. As amended, 5B-2A-9(c) provides as follows:

    (c) To assist the office the operator shall be required to 
prepare and submit to the office the information set forth in this 
subsection as follows:

    Subsection 5B-2A-9(f) is amended by deleting a reference to the 
coalfield community development statement that was required by deleted 
section 5B-2A-7. As amended, 5B-2A-9(f) provides as follows:

    The office may secure developable land and infrastructure for a 
development office or county through the preparation of a master 
land use plan for inclusion into a reclamation plan prepared 
pursuant to the provisions of section ten, article three, chapter 
twenty-two of this code. No provision of this section may be 
construed to modify requirements of article three of said chapter. 
Participation in a master land use plan is voluntary.

5B-2A-12. Rulemaking
    Paragraph 5B-2A-12(a)(2), which referred to the coalfield community 
development statement required by deleted section 5B-2A-7, is deleted.
    Subsection 5B-2A-12(b) is new. This provision provides as follows:

    The office is authorized to promulgate emergency rules, prior to 
the first day of July, two thousand two, to incorporate the 
revisions to this article enacted during the two thousand two 
regular legislative session.

    The new regulatory revisions are summarized below.

2. CSR 145-8. Community Development Assessment and Real Property 
Valuation Procedures for Office of Coalfield Community Development

145-8-1. General
    145-8-1.1. concerning Scope, is amended by deleting reference to 
coalfield community development statements and adding language 
concerning master land use plans. As amended, 145-8-1.1. provides as 
follows:

    1.1. Scope. This rule establishes the procedure for the creation 
of community impact statements by operators, the process to develop 
coalfield community development procedures which include asset 
development goals and infrastructure needs, the criteria for the 
development of a master land use plan by local, county regional 
development or redevelopment authorities, and the procedure for 
establishing the value of property to assist property owners who 
desire to voluntarily sell their property to an operator.

145-8-2. Definitions
    145-8-2.1. definition of ``Director'' means the director of the 
office. This definition formerly defined ``Chief.''
    145-8-2.3. definition of ``Community Development Statement'' is 
amended by deleting the term ``statement'' from the title of this 
definition and replacing that word with the word ``Procedures.'' The 
definition is amended by deleting language related to the ``statement'' 
and adding language to read as follows:

    2.3. Community Development Procedures--shall mean that the 
Office of Coalfield Community Development will incorporate and 
transfer community impact statement data with county governments and 
or economic development authorities as outlined by Section 5 of this 
rule.

    145-8-2.5. definition of ``Division.'' This definition is amended 
by deleting the word ``division'' in two places and replacing those 
words with the term ``department.''
    145-8-2.6. definition of ``Development Authority.'' This definition 
is new and provides that

[[Page 67578]]

``Development Authority shall mean the appropriate state, local, county 
or regional development or redevelopment authority.''
    145-8-2.8. definition of ``Infrastructure Component Standards.'' 
This definition is new and provides as follows:

    2.8. Infrastructure Component Standards--shall mean those 
standards developed by a development authority which are to be 
applied to the infrastructure needs as determined by the development 
authority and as included in a master land use plan to ensure proper 
implementation of the plan. The standards shall be specific to each 
plan.

    145-8-2.11. definition of ``Master Land Use Plan.'' This definition 
is new and provides as follows:

    2.11. Master Land Use Plan--shall mean a plan which addresses 
current and prospective uses for land which in whole or in part is 
or has been covered by a surface mining permit and which contains 
all the information required by section 6 of this rule.

    145-8-2.12. definition of ``Permit.'' This definition has been 
amended by adding a reference to W. Va. Code 22-3-8. As amended, 
``permit'' means a permit to conduct surface mining operations issued 
pursuant to W. Va. Code 22-3-8.
    145-8-2.13. definition of ``Plan.'' This new definition provides 
that ``plan'' means ``a master land use plan as defined in subsection 
2.11 of this rule.''
    145-8-2.14. definition of ``Reclamation Plan.'' This new definition 
provides that ``reclamation plan'' means ``the reclamation plan 
established in W. Va. Code 22-3-10.''
145-8-4. Community Impact Statement
    145-8-4.2. has been amended by clarifying existing language and 
adding new language concerning when a community impact statement shall 
be filed. As amended, this provision is as follows:

    4.2. For permits granted after June 11, 1999, a community impact 
statement shall also be filed by the operator within 90 days after 
the permit application is deemed by the department to be 
administratively complete, and within 90 days after the first five 
year incremental renewal date for all permits issued prior to June 
11, 1999.

145-8-5. Coalfield Community Development Procedures
    The title of this section is amended by deleting the word 
``Statement'' and adding, in its place, the word ``Procedures.''
    145-8-5.1. is amended by deleting a reference to a coalfield 
community development statement and adding language concerning a 
community impact statement. As amended, this provision is as follows:

    The office shall coordinate and share information outlined in 
the community impact statement with the county development authority 
when an operator applies for any permit with the department.

    145-8-5.1.a. is deleted and concerned the development of a 
coalfield community development statement when multiple permit 
applications are applied for in a county or contiguous area of an 
adjacent county.
    145-8-5.1.b. is deleted and concerned dividing a coalfield 
community development statement into smaller areas if it was 
impracticable to make a countywide statement.
    145-8-5.2. is amended by deleting language concerning a coalfield 
community development statement and adding language requiring an 
operator to provide notice of its intent to mine. As amended this 
provision is as follows:

    5.2. Within 30 days after the community impact statement from 
the operator applying for the permit is filed with the office, the 
operator shall distribute notice that property is intended to be 
mined by the operator applying for the permit.

    145-8-5.2.a. is deleted and concerned providing notice to owners of 
interest in the property intended to be mined.
    145-8-5.3.a. is amended by deleting a reference to the coalfield 
community development statement and adding the phrase ``of the proposed 
mining activity.'' As amended, this provision is as follows:

    5.3. Within 30 days after the community impact statement from 
the operator applying for the permit is filed with the office, the 
operator shall notify individuals and business owners and operators 
in the affected communities of the proposed mining activity.

    145-8-5.4. is amended by deleting reference to the Office of 
Coalfield Community Development and the coalfield community development 
statement. As amended, this provision is as follows:

    5.4. A notice provided by the operator to affected persons and 
entities about coalfield community development shall contain the 
following information:

    145-8-5.4.d. is amended by deleting language concerning preparing 
an initial community development statement or modifying an existing 
statement by the Office of Coalfield Community Development. As amended, 
the provision is as follows:

    5.4.d. The notice shall inform its recipients that the office 
invites persons and entities in areas affected by the anticipated 
surface mining operations to submit written comments and other 
documentation to the chief [director] within 30 days after the date 
of the notice about how their communities are anticipated to be 
affected by the planned surface mining operations and the intended 
postmining land use; and

    145-8-5.4.e. is amended by deleting language concerning a draft or 
modified community development statement and language concerning the 
issuance of the draft or modified community development statement. As 
amended, this provision is as follows:

    5.4.e. The notice shall inform its recipients that the community 
impact statements for the planned surface mining operations were 
filed within 180 days from the date of the notice, and that persons 
and entities in the affected communities shall have 30 days after 
the date to submit written comments to the director.

    145-8-5.5. is amended by deleting language concerning a public 
meeting concerning the draft or modified community development 
statement. In addition, language is added that requires the office to 
deliver public comments to the development authority and assist in 
incorporating the community impact statement into the land use master 
plan. As amended, this provision is as follows:

    5.5. After the close of the public comment period, the office 
will deliver public comments to the development authority and assist 
in the incorporating of the community impact statement into the land 
use master plan.

    145-8-5.6. is amended by deleting a requirement that the Office of 
Coalfield Community Development shall determine what shall be contained 
in the coalfield community development statement. Language is added 
that requires the office to coordinate and transfer information to 
development authorities in the affected county. As amended, the 
provision is as follows:

    5.6. The office shall coordinate and transfer information, 
findings and recommendations to development authorities in the 
county affected.

    145-8-5.6.c.4. is amended by deleting the word ``statement'' and 
adding in its place the word ``procedures.''
    145-8-5.6.d. is amended by deleting the word ``statement'' and 
adding in its place the word ``procedures.'' In addition, the word 
``determine'' is deleted and replaced by the word ``recommended.'' As 
amended this provision is as follows:

    5.6.d. As part of the coalfield community development 
procedures, the office shall recommend the land and infrastructure 
needs in the county or counties in which the surface mining 
operations are being conducted, or any adjacent county.

    145-8-5.7. is deleted, and required that the community development 
statement be completed within 180 days

[[Page 67579]]

following the public meeting or issuance of a surface mining permit.
    145-8-5.8. is renumbered as 5.7. and amended by deleting references 
to the community development statement.
    145-8-5.9. is deleted and concerned the requirement that the office 
prepare an action report as part of the coalfield community development 
statement.
145.8.6. Master Land Use Plans
    This section is new and provides as follows:

    6.1. A master land use plan may be prepared by a development 
authority. If requested by a development authority, the office may 
assist in the preparation of a master land use plan.
    6.2. A development authority must determine land and 
infrastructure needs within its jurisdiction as necessary in 
conjunction with its preparation of a master land use plan.
    6.2.a. In making a determination of the land and infrastructure 
needs in its jurisdiction, the development authority shall evaluate 
at least the considerations set forth in subsection 5.6.e. of this 
rule. A development authority may satisfy this requirement by 
incorporating all or part of the determination of land and 
infrastructure needs of an area reflected in a community development 
statement [procedures] prepared in accordance with section 5 of this 
rule.
    6.3. For any infrastructure needs identified by the development 
authority, consistent with the current and prospective uses 
described in the master land use plan, infrastructure component 
standards shall also be developed.
    6.3.a. The infrastructure component standards developed by a 
development authority shall be approved by the appropriate county 
commission or commissions before such standards can be included in a 
master land use plan.
    6.3.b. Before approving the infrastructure component standards, 
the county commission or commissions shall give notice to the public 
and provide a 30-day comment period.
    6.4. Once a master land use plan has been prepared, the office 
shall review the plan. This review shall include an evaluation of 
the plan's impact on the development of economic and community 
assets and conformance with this rule.
    6.5. A master land use plan shall be sufficiently complete to 
indicate its relationship to definite objectives of the development 
authority as to appropriate land uses and shall include at least the 
following:
    6.5.a. The boundary of the area encompassed by the plan with a 
map showing the existing uses and conditions of the real property 
and any infrastructure components therein;
    6.5.b. A land use plan showing the proposed uses of the area;
    6.5.c. A statement of the proposed changes, if any, in zoning 
ordinances or maps, street and highway layouts, building codes and 
ordinances;
    6.5.d. A site plan of the area;
    6.5.e. A statement as to the kinds and number of additional 
public facilities or utilities which will be required to support the 
new land uses in the area after development;
    6.5.f. A statement of the land and infrastructure needs as 
determined pursuant to subsection 6.2 of this rule which shall 
include a statement of infrastructure component standards; and
    6.5.g. Any community impact statements and/or community 
development statements which may have been prepared and which 
e[a]ffect any property within the boundaries of the master land use 
plan.
    6.6. An operator may include, in a surface mining permit 
application, a master land use plan which addresses postmining land 
uses in the reclamation plan developed pursuant to W. Va. Code 22-3-
10. An operator may amend a reclamation plan approved but not 
implemented or a reclamation plan pending approval by including a 
master land use plan.
    6.6.a. Any modifications in the postmining land use during 
mining must be made in accordance with 38 CFR 2-7.3.a. and 3.28.
    6.7. The master land use plan must be approved by the department 
as part of the operator's reclamation plan before the master land 
use plan may be implemented.

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking your 
comments on whether the amendment satisfies the applicable program 
approval criteria of 30 CFR 732.15. If we approve the amendment, it 
will become part of the State program.

Written Comments

    Send your written or electric comments to OSM at the address given 
above. Your written comments should be specific, pertain only to the 
issues proposed in this rulemaking, and include explanations in support 
of your recommendations. We will not consider or respond to your 
comments when developing the final rule if they are received after the 
close of the comment period (see DATES). We will make every attempt to 
log all comments into the administrative record, but comments delivered 
to an address other than the Charleston Field Office may not be logged 
in.

Electronic Comments

    Please submit Internet comments as an ASCII or Word file avoiding 
the use of special characters and any form of encryption. Please also 
include ``Attn: SPATS No. WV-092-FOR'' and your name and return address 
in your Internet message. If you do not receive a confirmation that we 
have received your Internet message, contact the Charleston Field 
Office at (304) 347-7158.

Availability of Comments

    We will make comments, including names and addresses of 
respondents, available for public review during normal business hours. 
We will not consider anonymous comments. If individual respondents 
request confidentiality, we will honor their request to the extent 
allowable by law. Individual respondents who wish to withhold their 
name or address from public review, except for the city or town, must 
state this prominently at the beginning of their 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 review in their entirety.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m. (local time), on 
December 6, 2002. If you are disabled and need special accommodations 
to attend a public hearing, contact the person listed under FOR FURTHER 
INFORMATION CONTACT. We will arrange the location and time of the 
hearing with those persons requesting the hearing. If no one requests 
an opportunity to speak, we will not hold a hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at the public hearing 
provide us with a written copy of his or her comments. The public 
hearing will continue on the specified date until everyone scheduled to 
speak has been given an opportunity to be heard. If you are in the 
audience and have not been scheduled to speak and wish to do so, you 
will be allowed to speak after those who have been scheduled. We will 
end the hearing after everyone scheduled to speak and others present in 
the audience who wish to speak, have been heard.

Public Meeting

    If only one person requests an opportunity to speak, we may hold a 
public meeting rather than a public hearing. If you wish to meet with 
us to discuss the amendment, please request a meeting by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings 
are open to the public and, if possible, we will post notices of 
meetings at the locations listed under ADDRESSES.'' We will make a 
written summary of each meeting a part of the administrative record.

[[Page 67580]]

IV. Procedural Determinations

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the counterpart Federal regulation.

Executive Order 12866--Regulatory Planning and Review

    This rule is exempted from review by the Office of Management and 
Budget under Executive Order 12866.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 and has determined that 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 because 
each 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 
the Federal regulations at 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.

Executive Order 13132--Federalism

    This rule does not have Federalism implications. SMCRA delineates 
the roles of the Federal and State governments with regard to the 
regulation of surface coal mining and reclamation operations. One of 
the purposes of SMCRA is to ``establish a nationwide program to protect 
society and the environment from the adverse effects of surface coal 
mining operations.'' Section 503(a)(1) of SMCRA requires that State 
laws regulating surface coal mining and reclamation operations be ``in 
accordance with'' the requirements of SMCRA, and section 503(a)(7) 
requires that State programs contain rules and regulations ``consistent 
with'' regulations issued by the Secretary pursuant to SMCRA.

Executive Order 13211--Regulations That Significantly Affect The 
Supply, Distribution, Or Use Of Energy

    On May 18, 2001, the President issued Executive Order 13211 which 
requires agencies to prepare a Statement of Energy Effects for a rule 
that is (1) considered significant under Executive Order 12866, and (2) 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Because this rule is exempt from review 
under Executive Order 12866 and is not expected to have a significant 
adverse effect on the supply, distribution, or use of energy, a 
Statement of Energy Effects is not required.

National Environmental Policy Act

    This rule does not require an environmental impact statement 
because 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 certifies 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. 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.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not 
have an annual effect on the economy of $100 million; (b) Will not 
cause a major increase in costs or prices for consumers, individual 
industries, Federal, State, or local government agencies, or geographic 
regions; and (c) Does not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises. This determination is based upon the fact that the State 
submittal, which is the subject of this rule, is based upon counterpart 
Federal regulations for which an analysis was prepared and a 
determination made that the Federal regulation was not considered a 
major rule.

Unfunded Mandates

    This rule will not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of $100 million or more in any 
given year. This determination is based upon the fact that the State 
submittal, which is the subject of this rule, is based upon counterpart 
Federal regulations for which an analysis was prepared and a 
determination made that the Federal regulation did not impose an 
unfunded mandate.

List of Subjects in 30 CFR Part 948

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: September 13, 2002.
Vann Weaver,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 02-28202 Filed 11-5-02; 8:45 am]
BILLING CODE 4310-05-P