[Federal Register Volume 62, Number 164 (Monday, August 25, 1997)]
[Proposed Rules]
[Pages 44924-44925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22415]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 946
[VA-110-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.
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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 Reclamation Act of 1977
(SMCRA). The proposed amendment changes the Virginia Coal Surface
Mining Control and Reclamation Act to add ``letter of credit'' as an
acceptable form of collateral bond to satisfy the performance bonding
requirements of the Virginia Act. The amendment is intended to revise
the State program to be consistent with the Federal regulations.
DATES: Written comments must be received by 4:00 p.m., on September 24,
1997. If requested, a public hearing on the proposed amendment will be
held on September 19, 1997. Requests to speak at the hearing must be
received by 4:00 p.m., on September 9, 1997.
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.
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 July 31, 1997 (Administrative Record No. VA-921),
the Virginia Department of Mines, Minerals and Energy (DMME) stated
that the Virginia legislature has amended, effective July 1, 1997, the
Virginia Coal Surface Mining Control and Reclamation Act at Section
45.1-241(c). The amendment adds ``letter of credit'' as an acceptable
form of collateral bond that the DMME may accept to satisfy the
performance bonding requirements of the Virginia Act.
The amended statute specifies qualifying criteria that are intended
to be effectively consistent with the letter of credit criteria
contained in the Federal regulations at 30 CFR 800.21(b). The amendment
also imposes conditions upon a letter of credit that are intended to be
consistent with the Federal regulations at 30 CFR 800.16.
The proposed amendments are as follows:
Section 45.1-241(c) is amended by adding the following language to
the existing language:
The Director may also accept a letter of credit on certain
designated funds issued by a financial institution authorized to do
business in the United States. Each letter of credit can only be
issued up to the amount which can be insured by the FDIC. Any letter
of credit issued by a non-Virginia lending institution shall be
confirmed by an approved Virginia lending institution. The letters
of credit shall be irrevocable, unconditional, shall be payable to
the Department upon demand, and shall afford to the Department
protection equivalent to a corporate surety's bond. The issuer of
the letter of credit shall give prompt notice to the permittee and
the Department of any notice received or action filed alleging the
insolvency or bankruptcy of the issuer, or alleging any violations
of regulatory requirements which could result in suspension or
revocation of the issuer's
[[Page 44925]]
charter or license to do business. In the event the issuer becomes
unable to fulfill its obligations under the letter of credit for any
reason, the issuer shall immediately notify the permittee and the
Department. Upon the incapacity of an issuer by a reason of
bankruptcy, insolvency or suspension or revocation of its charter or
license, the permittee shall be deemed to be without proper
performance bond coverage and shall promptly notify the Department,
and the Department shall then issue a notice to the permittee
specifying a reasonable period, which shall not exceed ninety days,
to replace the bond coverage. If an adequate bond is not posted by
the end of the period allowed, the permittee shall cease coal
extraction and coal processing operations and shall immediately
begin to conduct reclamation operations in accordance with the
reclamation plan. Coal extraction and coal processing operations
shall not resume until the Department has determined that an
acceptable bond has been posted. If an acceptable bond has not been
posted by the end of the period allowed, the Department may suspend
the permit until acceptable bond is posted. The letter of credit
shall be provided on the form and format established by the
Director. Nothing herein shall relieve the permittee of
responsibility under the permit or the issuer of liability on the
letter of credit.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is now
seeking comment on whether the amendments proposed by Virginia satisfy
the applicable program approval criteria of 30 CFR 732.15. If the
amendments are deemed adequate, they 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 September 9, 1997. 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 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
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 subsection (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.
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 rules 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: August 8, 1997.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 97-22415 Filed 8-22-97; 8:45 am]
BILLING CODE 4310-05-M
