[Federal Register Volume 72, Number 128 (Thursday, July 5, 2007)]
[Proposed Rules]
[Pages 36632-36634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12977]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 946

[VA-124-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: We are reopening the public comment period on a proposed 
amendment to the Virginia regulatory program under the Surface Mining 
Control and Reclamation Act of 1977 (SMCRA or the Act). Since the close 
of the comment period, Virginia revised its revegetation standards for 
success for areas planted with a mixture of herbaceous and wood species 
by withdrawing one amendment and adding a new amendment. The amendments 
are intended to render the State's regulations consistent with SMCRA.

DATES: We will accept written comments on the proposal until 4 p.m. 
(local time) on July 20, 2007.

[[Page 36633]]


ADDRESSES: You may submit comments, identified by ``VA-124-FOR'', by 
any of the following methods:
     E-mail: [email protected]. Include ``VA-124-FOR'' in 
the subject line of the message.
     Mail/Hand Delivery: Mr. Tim Dieringer, Director, Knoxville 
Field Office, Office of Surface Mining Reclamation and Enforcement, 
1941 Neeley Road, Suite 201, Compartment 116, Big Stone Gap, Virginia 
24219.
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Instructions: All submissions received must include the agency 
docket number for this rulemaking. For detailed instructions on 
submitting comments and additional information on the rulemaking 
process, see the ``Public Comment Procedures'' heading in the 
SUPPLEMENTARY INFORMATION section of this document. You may also 
request to speak at a public hearing by any of the methods listed above 
or by contacting the individual listed under FOR FURTHER INFORMATION 
CONTACT.
    Docket: You may review copies of the Virginia program, this 
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:
    Mr. Tim Dieringer, Director, Knoxville Field Office, Office of 
Surface Mining Reclamation and Enforcement, 1941 Neeley Road, Suite 
201, Compartment 116, Big Stone Gap, Virginia 24219, Telephone: (276) 
523-4303. E-mail: [email protected].
    Mr. Gavin Bledsoe, Virginia Division of Mined Land Reclamation, P. 
O. Drawer 900, Big Stone Gap, Virginia 24219, Telephone: (276) 523-
8100. E-mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Mr. Tim Dieringer, Director, Knoxville 
Field Office; Telephone: (276) 523-4303. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Virginia Program
II. Description of the Proposed Amendment
III. Public Comment Procedures

I. Background on the 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 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 Virginia program on December 15, 1981. You 
can find background information on the Virginia program, including the 
Secretary's findings, the disposition of comments, and conditions of 
approval of the Virginia program in the December 15, 1981, Federal 
Register (46 FR 61088). You can also find later actions concerning 
Virginia's program and program amendments at 30 CFR 946.12, 946.13, and 
946.15.

II. Description of the Proposed Amendment

    By letter dated February 13, 2007 (Administrative Record Number VA-
1059), the Virginia Department of Mines, Minerals and Energy (DMME) 
submitted an amendment to the Virginia program. In its letter, the DMME 
stated that the program amendment reflects revisions of the Virginia 
Coal Surface Mining Reclamation Regulations concerning the distribution 
of topsoil and subsoil materials, revegetation standards for success, 
and to allow approval of natural stream restoration channel design, as 
developed in consultation with the Army Corps of Engineers.
    We announced receipt of the proposed amendment in the April 9, 
2007, Federal Register (72 FR 17452).
    By electronic mail dated April 18, 2007, (Administrative Record 
Number VA-1074), the DMME stated that it wished to withdraw the changes 
it previously made to 4 VAC 25-130-816.116(a)(2) and 816.117(a)(2) due 
to an error. The amendments are to occur at sections 4 VAC 25-130-
816.116(b)(3)(v)(C) and 817.116(b)(3)(v)(C) by changing its success 
standard for areas planted with a mixture of herbaceous and woody 
species from 90% to 80%.
    In its initial amendment to 4 VAC 25-130-816.116/817(b)(3)(v)(C), 
Virginia deleted its ``90%'' success standard for areas planted with a 
mixture of herbaceous and woody species and replaced it with a ``70%'' 
success standard for areas planted with a mixture of herbaceous and 
woody species.
    With this new amendment, 4 VAC 25-130-816/817.116(b)(3)(v)(C) 
provides as follows:

    Areas planted with a mixture of herbaceous and woody species 
shall sustain a herbaceous vegetative ground cover of 80% and an 
average of 400 woody plants per acre. At least 40 of the woody 
plants for each acre shall be wildlife food-producing shrubs located 
suitably for wildlife enhancement, which may be distributed or 
clustered on the area.

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 Virginia program.

Written Comments

    Send your written or electronic 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 may 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 Big Stone Gap Area Office may not be 
logged in.

Electronic Comments

    Please submit Internet comments as an E-mail or Word file avoiding 
the use of special characters and any form of encryption. Please also 
include Attn: SATS NO. ``VA-124-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 Big Stone Gap Area 
office at (276) 523-4303.

Availability of Comments

    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

List of Subjects in 30 CFR Part 946

    Intergovernmental relations, Surface mining, Underground mining.


[[Page 36634]]


    Dated: May 31, 2007.
H. Vann Weaver,
Acting Regional Director, Appalachian Region.
 [FR Doc. E7-12977 Filed 7-3-07; 8:45 am]
BILLING CODE 4310-05-P