Virginia Regulatory Program

DEPARTMENT OF THE INTERIOR

30 CFR Part 946

[VA-106-FOR]

Virginia Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: OSM is reopening the comment period on a portion of 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 for which the

comment period is being reopened concerns the proposed use of a 28-

degree angle of draw with the rebuttable presumption of causation by

subsidence provision. The amendment is intended to revise the State

program to be consistent with the federal regulations as amended on

March 31, 1995.

DATES: Written comments must be received by 4:00 p.m., August 8, 1996.

ADDRESSES: When comments 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

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 May 21, 1996 (Administrative Record No. VA-882),

Virginia submitted amendments to the Virginia program concerning

subsidence damage. The amendments are intended to make the Virginia

program consistent with the Federal regulations as amended on March 31,

1995 (60 FR 16722). Virginia stated that the proposed amendments

implement the standards of the Federal Energy Policy Act of 1992, and

sections 45.1-243 and 45.1-258 of the Code of Virginia.

The proposed amendments were announced in the June 11, 1996,

Federal Register (61 FR 29506). In that notice, however, OSM did not

specifically point out that, at Sec. 480-03-19.817.121(c)(4), Virginia

proposed to normally use a 28-degree angle of draw presumption for the

rebuttable presumption of causation by subsidence provision. The

counterpart Federal provision at 30 CFR 817.121(c)(4) provides that a

30-degree angle of draw will normally apply.

30 CFR 817.121(c)(4) also authorizes the use of a different angle

of draw (other than 30 degrees) if the regulatory authority shows in

writing that the proposed angle has a more reasonable basis than the

30-degree angle of draw, based on geotechnical analysis of the factors

affecting potential surface impacts of underground coal mining

operations in the State.

III. Public Comment Procedures

In accordance with the provisions of 30 CFR 732.17(h), OSM is now

seeking comment on whether the amendment identified above satisfies the

applicable program approval criteria of 30 CFR 732.15. 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.

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 12778 (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

[[Page 38423]]

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 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: July 17, 1996.

Tim L. Dieringer,

Acting Regional Director, Appalachian Regional Coordinating Center.

[FR Doc. 96-18782 Filed 7-23-96; 8:45 am]

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