[Federal Register Volume 61, Number 53 (Monday, March 18, 1996)]
[Proposed Rules]
[Pages 10919-10920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6443]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 946
[VA-104-FOR]
Virginia Abandoned Mine Land Reclamation Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule.
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SUMMARY: OSM is announcing the receipt of a proposed amendment to the
Virginia Abandoned Mine Land Reclamation (AMLR) Program (hereinafter
referred to as the Virginia Program) under the Surface Mining Control
and Reclamation Act of 1977 (SMCRA), 30 U.S.C. 1201 et seq., as
amended. The proposed amendment is intended to streamline Virginia's
total AMLR plan to be consistent with the Federal regulations.
DATES: Written comments must be received on or before 4:00 p.m. on
April 17, 1996. If requested, a public hearing on the proposed
amendments will be held at 1:00 p.m. on April 12, 1996. Requests to
present oral testimony at the hearing must be received on or before
4:00 p.m. on April 2, 1996.
ADDRESSES: Written comments and requests to testify 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 meetings or hearing, and all written comments
received in response to this notice will be available for public review
at the addresses listed below during normal business hours, Monday
through Friday, excluding holidays:
Office of Surface Mining Reclamation and Enforcement, Big Stone Gap
Field Office, P.O. Drawer 1217, Powell Valley Square Shopping Center,
Room 220, Route 23, 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
Each requester may receive, free of charge, one copy of the
proposed amendment by contacting the OSM Big Stone Gap Field Office.
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 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 AMLR program amendments are identified at 30
CFR 946.20 and 946.25.
II. Discussion of the Proposed Amendment
By letter received February 29, 1996 (Administrative Record No. VA-
871), the Virginia Division of Mined Land Reclamation (DMLR) submitted
a proposed Program Amendment to the Virginia Program. This amendment is
intended to streamline Virginia's total AMLR plan to more closely
parallel the Federal state reclamation plan information requirements of
30 CFR 884.13.
The proposed revisions to the Virginia Program concern public water
supplies, interim program sites, prioritization, AML eligibility for
mine fires, refuse sites, acid mine drainage, remining, and water
project eligibility. The primary purpose of the amendment is to
incorporate the 1990 amendments to SMCRA, and the AMLR provisions of
the Energy Policy Act of 1992, Pub. L. 102-486, 106 Stat. 2776 (1992).
The full text of the proposed program amendment submitted by
Virginia is available for public inspection at the addresses listed
above. The Director now seeks public comment on whether the proposed
amendment is no less effective than the Federal regulations. If
approved, the amendment will become part of the Virginia program.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 884.15, OSM is now
seeking comment on whether the amendment proposed by Virginia satisfies
the applicable requirements for the approval of State AMLR program
amendments. 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 April 2, 1996. 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
hear following those scheduled. The hearing will end after all persons
who desire to comment have been heard.
Public Meeting
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
the meetings will be posted in advance at the locations listed above
under ADDRESSES. A summary of
[[Page 10920]]
meeting will be included in the Administrative Record.
Executive Order 12291
On March 30, 1992, the Office of Management and Budget (OMB)
granted the Office of Surface Mining Reclamation and Enforcement (OSM)
an exemption from sections 3, 4, 7 and 8 of Executive Order 12291 for
actions related to approval or disapproval of State and tribal
abandoned mine land reclamation plans and revisions thereof. Therefore,
preparation of a regulatory impact analysis is not necessary and OMB
regulatory review is not required.
Executive Order 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 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 and Tribal abandoned
mine land reclamation plans and revisions thereof since each such plan
is drafted and adopted by a specific State or Tribe, not by OSM.
Decisions on proposed State and Tribal abandoned mine land reclamation
plans and revisions thereof submitted by a State or Tribe are based on
a determination of whether the submittal meets the requirements of
Title IV of the Surface Mining Control and Reclamation Act (SMCRA) (30
U.S.C. 1231-1243) and the Federal regulations at 30 CFR Parts 884 and
888.
National Environmental Policy Act
No environmental impact statement is required for this rule since
agency decisions on proposed State and Tribal abandoned mine land
reclamation plans and revisions thereof are categorically excluded from
compliance with the National Environmental Policy Act (42 U.S.C. 4332)
by the Manual of the Department of the Interior [5616 DM 6, appendix 8,
paragraph 8.4B(29)].
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by the Office of Management and Budget 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
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. Hence,
this rule will ensure that existing requirements established by SMCRA
or 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 in the analyses for the corresponding Federal regulations.
List of Subjects in 30 CFR Part 914
Intergovernmental relations, Surface mining, Underground mining.
Dated: March 8, 1996.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 96-6443 Filed 3-15-96; 8:45 am]
BILLING CODE 4310-05-M
