Virginia Abandoned Mine Land Reclamation Plan

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 946

[VA-104-FOR]

Virginia Abandoned Mine Land Reclamation Plan

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

Interior.

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is approving a proposed amendment to the Virginia

abandoned mine land reclamation plan (hereinafter referred to as the

``Virginia plan'') under the Surface Mining Control and Reclamation Act

of 1977 (SMCRA). The proposed amendment is intended to streamline

Virginia's total AMLR plan to be consistent with the Federal

regulations.

EFFECTIVE DATE: July 3, 1997.

FOR FURTHER INFORMATION CONTACT:

Mr. Robert A. Penn, Director, Big Stone Gap Field Office, Telephone:

(540) 523-4303.

SUPPLEMENTARY INFORMATION:

I. Background on the Virginia Plan

II. Submission of the Proposed Amendment

III. Director's Findings

IV. Summary and Disposition of Comments

V. Director's Decision

VI. Procedural Determinations

I. Background on the Virginia Plan

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. Submission 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: the purpose

of the State reclamation program; ranking and selection; coordination

with other programs; land acquisition, management and disposal;

reclamation on private land; rights of entry; public participation

policies; organization; staffing policies; purchasing and procurement;

accounting system; location of known or suspected eligible land and

water; description of problems occurring on lands and waters (map);

reclamation proposals; economic base; aesthetic, historic or cultural,

and recreation values; and endangered and threatened plant, fish,

wildlife and habitat. 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).

OSM announced receipt of the proposed amendment in the March 18,

1996, Federal Register (61 FR 10919), and in the same document opened

the public comment period and provided an opportunity for a public

hearing on the adequacy of the proposed amendment. The public comment

period closed on April 17, 1996. No public hearing was requested, so

none was held.

During its review of the amendment, OSM identified concerns

relating to various sections of the proposed plan and provided draft

comments to the State (Administrative Record Number VA-898). OSM

representatives met with DMLR representatives on October 31, 1996, and

November 4, 1996, to resolve comments included in the draft list

prepared by OSM (Administrative Record Number VA-899).

On November 19, 1996, OSM conducted a telephone conference with

DMLR representatives, and on November 20, 1996, OSM representatives met

with DMLR representatives to continue to resolve issues in the draft

issues list. The results of the November 19, 1996, teleconference and

the November 20, 1996, meeting, including the changes proposed by the

DMLR to be made to the Virginia plan submittal, are documented in the

Virginia Administrative Record Number VA-900. In addition, VA-900

contains copies of the forms (Lien Waiver, Right of Entry, Claim of

Lien, and AML Complaint Investigation) that the DMLR uses to implement

the Virginia program. These forms are considered by OSM to be part of

the Virginia plan submittal.

On December 5, 1996, OSM conducted a telephone conference with DMLR

representatives to resolve the remaining issues. The results of that

telephone conference are documented at Administrative Record Number VA-

901.

On December 10, 1996, Virginia submitted draft language to the U.S.

Fish and Wildlife Service (USFWS) to address USFWS comments made on

April 4, 1996 (Administrative Record Number VA-904).

On January 7, 1997, the USFWS recommended further modifications to

the endangered and threatened species section of the proposed AMLR plan

amendment wording (Administrative Record Number VA-905).

On February 6, 1997, OSM provided USFWS with Virginia's AMLR plan

language that was revised in response to USFWS comments on endangered

and threatened species (Administrative Record Number VA-906).

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On February 10, 1997 (Administrative Record Number VA-907), OSM met

with DMLR to discuss changes made to the AMLR plan amendment by

Virginia to address OSM's comments on the amendment that were

identified in OSM's draft issues list (Administrative Record Number VA-

898).

On February 7, 1997, USFWS confirmed that DMLR's draft wording

changes to the endangered and threatened species section of the

proposed AMLR plan amendment now includes the modifications proposed by

USFWS (Administrative Record Number VA-908).

On February 10, 1997, the U.S. Environmental Protection Agency

(EPA) confirmed that draft wording modifications to the proposed

Virginia AMLR plan amendment received from DMLR on November 20, 1996,

resolve EPA's identified concerns (Administrative Record Number VA-

909).

On February 14, 1997, OSM proposed wording changes to DMLR to

resolve OSM concerns regarding sentences added to the proposed AMLR

plan amendment by DMLR related to remining (Administrative Records

Number VA-910).

On February 27, 1997, DMLR agreed to modify that AMLR plan wording

to resolve OSM concerns regarding sentences added to the proposed AMLR

plan amendment by DMLR related to remining (Administrative Records

Number VA-911).

By electronic mail correspondence dated March 5, 1997

(Administrative Records Number VA-912), Virginia submitted a revised

copy of the proposed AMLR plan that contains the changes made to

resolve the issues identified by OSM, the USFWS, and the EPA.

OSM reopened the public comment period on March 18, 1997 (52 FR

12776). The written comment period closed on April 2, 1997.

III. Director's Findings

As discussed below, the Director, in accordance with SMCRA and 30

CFR 884.14 and 884.15, finds that the proposed plan amendments

submitted by Virginia on February 29, 1996, and revised on March 5,

1997 and May 8, 1997, and supplemented with additional materials

documented in Virginia Administrative Record Number VA-900 and VA-906,

meet the requirements of the corresponding Federal regulations and is

consistent with SMCRA.

A. Section 884.13(a) Governor's Letter of Designation

This section contains a designation by the Governor of Virginia to

the Virginia Department of Conservation and Economic Development as the

State agency authorized to implement and administer the Abandoned Mine

Reclamation Program. The Commissioner of the Division of Mined Land

Reclamation will be Virginia's primary point of contact.

The Director finds this section meets the requirements of the

Federal regulations at 30 CFR 884.13(a).

B. Section 884.13(b) Legal Opinion

This section contains legal opinions that the State of Virginia has

the legal authority to implement, administer, enforce, and amend the

Virginia program.

The Director finds that this section meets the requirements of the

Federal regulations at 30 CFR 884.13(b).

C. Section 884.13(c)(1) Purpose of the State Reclamation Program

This section explains that the Virginia program will provide for

the lands and waters affected by past mining, in order to restore these

lands and waters to a safe, productive and environmentally sound use,

in accordance with Virginia's conservation and land reclamation

policies.

The Director finds that this section meets the requirements of the

Federal regulations at 30 CFR 884.13(C)(1).

D. Section 884.13(c)(2) Ranking and Selection

This section provides that the Virginia program uses a priority

system which recognizes the five abandoned mine land problem priorities

as described in Title IV, Section 403 of SMCRA. This section also

describes the criteria which coal lands and water must meet to be

eligible for reclamation activities under the Virginia program. The

specific details of this section were developed in cooperation with the

U.S. Environmental Protection Agency.

As subsection entitled ``Acid Mine Drainage Abatement--Treatment''

provides that Virginia may establish under State law an interest

bearing acid mine drainage abatement and treatment fund. The fund will

be utilized by Virginia, in consultation with the Natural Resources

Conservation Service, to implement acid mine drainage abatement and

treatment plans approved by the Secretary of the Interior. This

subsection also contains the minimum criteria that those plans must

meet.

A subsection entitled ``Utilities and Other Facilities'' provides

that the Virginia program may expend up to 30 percent of the funds

granted annually in accordance with SMCRA for the purpose of

protecting, repairing, replacing, constructing, or enhancing eligible

facilities relating to water supplies adversely affected by coal mining

practices. A subsection entitled ``General Selection and Ranking''

provides the specific criteria to be used to determine whether or not

proposed reclamation will be undertaken and to assign priorities to

projects intended to meet the same objective. This subsection also

contains site parameter guidelines that define the terms found in this

section, and an AML water project evaluation guide. The parameters and

relative weighting values assigned for use in the site evaluation

matrix and water project evaluation guide have been developed by DMLR

to reflect the priorities set forth in Section 403(a) of SMCRA.

A subsection entitled ``AML Emergency Program'' states that

provisions for a State emergency program are provided through Chapter

19, Title 45.1 of the Code of Virginia (VASMCRA). This subsection also

provides the criteria with which the Division of Mines, Minerals and

Energy (DMME) will comply while abating emergency situations.

The Director finds that the provisions of this section meet the

requirements of the Federal regulations at 30 CFR 884.13(c)(2).

E. Section 884.13(c)(3) Coordination With Other Programs

This section provides for the consultation of the Virginia program

with a number of Federal and State agencies having either a direct or

indirect interest in proposed AML reclamation projects. Coordination

with Indian tribes is not applicable in Virginia because there are no

Indian tribes located within Virginia.

The Director finds the provisions of this section meet the

requirements of the Federal regulations at 30 CFR 884.13(c)(3).

F. Section 884.13(c)(4) Land Acquisition, Management and Disposal

This section provides for the acquisition, management, and disposal

of lands by Virginia if the DMME Director, with advance approval by

OSM, determines in writing that acquisition of such land is necessary

to successful reclamation.

The Director finds that these provisions meet the requirements of

the

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Federal regulations at 30 CFR 884.13(c)(4) and 879.

G. Section 884.13(c)(5) Reclamation on Private Land

This section provides the criteria to be followed when reclamation

is to be carried out on private land. When reclamation is to be carried

out on private land, the DMME shall adhere to the regulation governing

appraisal and liens as set forth in Part 480-03-19.882 of the VSMCRA

regulations and Section 45.1-264 through 45.1-269 of the Code of

Virginia. Notarized appraisals shall be obtained in both emergency and

non-emergency situations. Liens may be placed or waived by the Director

of DMME, against land reclaimed as directed by Part 480-03-19.882.

The Director finds this section meets the requirements of the

Federal regulations at 30 CFR 884.13(c)(5) and is consistent with Part

882.

H. Section 884.13(c)(6) Rights of Entry

This section provides the criteria to be followed to obtain the

rights of entry onto private lands to conduct reclamation activities.

Prior to entry onto private lands, written consent from the owner of

record and lessee, or their authorized agents, will be obtained by the

DMME for its authorized agents or contractors to enter upon such lands

in order to carry out reclamation activities. This section also sets

forth the procedures to be followed when written consent cannot

reasonably be obtained. This section also provides for rights of entry

onto Federal lands.

The Director finds this section meets the requirements of the

Federal regulations at 30 CFR 884.13(c)(6).

I. Section 884.13(c)(7) Public Participation Policies

This section provides that the DMLR will follow the procedures set

forth by the Virginia Administrative Process Act for publication of all

meetings required to be public under the Freedom of Information Act.

This section also sets forth the procedures to be followed by the DMLR

regarding public notice of its participation in the process of

obtaining AMLR program financial grants from OSM. When there are State

reclamation program amendments, Virginia will use OSM's public

participation process rather than have a separate procedure.

The Director finds this section meets the requirements of the

Federal regulations at 30 CFR 884.13(c)(7).

J. Section 884.13(d)(1) Organization

This section sets forth the organization of the Virginia program.

The DMLR is divided into three groups: One administers the AML program,

and the other two groups administer the Environmental Impacts of

Surface Coal Mining (Title V). The plan describes the major functions

of the AML program and the Title V program, and includes a general

organizational AML program flowchart.

The Director finds this section meets the requirements of the

Federal regulations at 30 CFR 884.13(d)(1).

K. Section 884.13(d)(2) Staffing Policies

This section sets forth the policies to be followed by the DMME in

its operation of the Virginia program.

The Director finds this section meets the requirements of the

Federal regulations at 30 CFR 884.13(d)(2).

L. Section 884.13(d)(3) Purchasing and Procurement

This section sets forth the procedures to be followed by the DMLR

in its operation of the Virginia program. The purchasing and

procurement system will conform to the requirements of the Grants

Management Common Rule codified by the U.S. Department of the Interior

at 43 CFR Part 12, Subpart C (which superseded the Office of Management

and Budget Circular A-102, Attachment O), and the Code of Virginia

Public Procurement Act.

The Director finds this section meets the requirements of the

Federal regulations at 30 CFR 884.13(d)(3).

M. Section 884.13(d)(4) Accounting System

This section sets forth the accounting system to be used by the

DMLR in implementing the Virginia program. The DMLR uses a financial

management system that provides for compliance with the Grants

Management Common Rule codified by the U.S. Department of the Interior

at 43 CFR Part 12, Subpart C, Office of Management and Budget (OMB)

Circular No. A-102 (Grants and Cooperative Agreements to State and

Local Governments), No. A-87 (Cost Principle for State and Local

Governments), No. A-128 (Single Audit Act), and all other applicable

State and Federal laws and regulations.

The Director finds this section meets the requirements of the

Federal regulations at 30 CFR 884.13(d)(4).

N. Section 884.13(e)(1) Location of Known or Suspected Eligible Lands

and Water (Map)

This section depicts on a map, the locations of known and suspected

pre-1977 abandoned mine land problems and eligible post-1977 sites in

Virginia.

The Director finds this meets the requirements of the Federal

regulations at 30 CFR 884.13(1).

O. Section 884.13(e)(2) Description of Problems Occurring on Lands and

Waters

This section identifies the typical AML problems in Virginia.

The Director finds this section meets the requirements of the

Federal regulations at 30 CFR 884.13(e)(2).

P. Section 884.13(e)(3) Reclamation Proposals

This section sets forth examples of how the DMLR may address each

of the problems identified in Sec. 884.13(e)(2) as occurring on lands

and waters of Virginia.

The Director finds this section meets the requirements of the

Federal regulations at 30 CFR 884.13(e)(3).

Q. Section 884.13(f)(1) Economic Base

This section sets forth a general description of the economic base

prevailing in the different geographic areas of Virginia where

reclamation is planned.

The Director finds this meets the requirements of the Federal

regulations at 30 CFR 884.13(f)(1).

R. Section 884.13(f)(2) Aesthetic, Historical or Cultural and

Recreation Values

This section sets forth a general description of the significant

aesthetic, historical or cultural and recreational values prevailing in

the different geographic areas of Virginia where reclamation is

planned.

The Director finds this section meets the requirements of the

Federal regulations at 30 CFR 884.13(f)(2).

S. Section 884.13(f)(4) Endangered and Threatened Plant, Fish, Wildlife

and Habitat

This section sets forth a general description of the endangered and

threatened plant, fish, and wildlife and their habitat prevailing in

the different geographic areas of Virginia where reclamation is

planned. The specific details of this section were developed in

cooperation with the U.S. Fish and Wildlife Service.

The Director finds this section meets the requirements of the

Federal regulations at 30 CFR 884.13(f)(3).

IV. Summary and Disposition of Comments

Public Comments

The Director solicited public comments and provided an opportunity

for a public hearing on the proposed

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amendment. No public comments were received in response to the public

comment periods that ended on April 17, 1996, and April 2, 1997.

Because no one requested an opportunity to speak at a public hearing,

no hearing was held.

Federal Agency Comments

Pursuant to 884.14(a)(2) and 884.15(a), OSM solicited comments on

the proposed amendment from various other Federal agencies with an

actual or potential interest in the Virginia plan (Administrative

Record number VA-872). The U.S. Natural Resources Conservation Service

(NRCS) responded (Administrative Record Number VA-875) and stated that

the NRCS position is that the amendments be accepted and incorporated

in the Virginia plan. The U.S. Department of Labor, Mine Safety and

Health Administration (MSHA) responded (Administrative Record Number

VA-878) that the amendments are deemed appropriate since there appears

to be no conflict with MSHA regulations.

The U.S. Fish and Wildlife Service (FWS) responded with several

comments. Concerning Rights of Entry (884.13(c)(6)), the FWS

recommended that, for clarity, on page 33 of the original submittal,

the ``Secretary of the Interior'' be amended to read ``United States''

Secretary of the Interior. The FWS also recommended that the last

paragraph of this section be amended to clarify that Virginia may enter

into agreements with the U.S. Secretary of the Interior only of

Federally owned lands under the Secretary's authority, including but

not limited to national parks and refuges. The FWS also recommended

that Virginia reference other Federal agencies not under the Department

of the Interior, if their lands may also be impacted.

The FWS also commented on the section titled ``Description of

Problems Occurring on Lands and Waters (Map) (884.13(e)(2)). The FWS

commented that the prioritization of abandoned mine lands for

reclamation under Ranking Selection Criteria 3 (addressing degraded

land and water resources) should not be predicated on whether or not

the site is remote. The prioritization process should, the FWS stated,

consider type and extent of damage, analysis of further degradation

that may potentially occur, species and habitat resources present or

formerly present that may be recovered, and the potential for

reclamation.

The FWS commented on the section titled ``Endangered and Threatened

Plants, Fish, Wildlife and Habitat (884.13(f)(3)). The FWS recommended

that this section be reorganized for clarity, and provided several

suggestions.

Finally, the FWS requested that representatives of OSM and DMLR

meet with the FWS to review the procedures for ensuring that Federally

listed species and their habitat are protected during the reclamation

of abandoned mine lands and considered during the site prioritization

process.

In response, the Director notes that OSM discussed with the DMLR

and with the FWS on various occasions (see ``Submission of the Proposed

Amendment'' above) the comments submitted by FWS. In a meeting held on

July 16, 1996 (see Administrative Record Number VA-898 and 899), the

OSM, FWS, and DMLR agreed that to resolve FWS comments on Virginia's

AMLR Plan amendment by the following : Clarify language in the last

paragraph of the Rights of Entry section to reference the U.S.

Secretary of the Interior; Delete the phrases ``and located in remote

areas'' and ``in more densely populated areas'' from the Description of

Problems Occurring on Lands and Waters section; and Rewrite and

reorganize the Endangered and Threatened Plants, Fish, Wildlife, and

Habitat section of the plan. The Director notes that these suggested

changes were adopted in the final version of the Virginia plan. In

addition, the FWS subsequently concurred that with the changes made by

the DMLR concerning endangered and threatened species, the AMLR plan

amendment now includes these modifications proposed by FWS in 1997 and

discussed on February 5, 1997 (Administrative Record Number VA-908).

Environmental Protection Agency (EPA)

Pursuant to 30 CFR 732.17(h)(11)(ii), the Director is required to

obtain the written concurrence of the Administrator of EPA with respect

to those provisions of the proposed plan amendment that relate to air

or water quality standards promulgated under the authority of the Clean

Air Act (42 U.S.C. 7401 et seq.) or the Clean Water Act (33 U.S.C. 1252

et seq.). The Director has determined that the proposed amendments

contain no provisions in these categories and that EPA's concurrence is

not required.

Pursuant to 732.17(h)(11)(I), OSM solicited comments on the

proposed amendments from the EPA. The EPA provided the following

comments (Administrative Record Number VA-879). Concerning the section

titled ``Ranking and Selection (884.13(c)(2)), the EPA commented that

there may be situations where impacts on water quality outweigh minor

safety related projects (such as reclaiming unstable highwalls in

remote areas). Health and safety projects are normally rated ahead of

environmental related projects. EPA recommended that the State consider

raising some water quality related projects to higher priority status

in those circumstances where it is warranted.

EPA noted that the site evaluation matrix shown in Figure 1

provides relative weighting for funding purposes for 15 parameters,

including water quality. EPA stated that the relative weight for water

quality appears far too small and ranks ninth behind even vegetative

cover and surface instability. EPA recommended that the weighting

factor for water quality be increased significantly to reflect the

growing emphasis for cleaning up streams impacted by abandoned mine

drainage.

In response, the Director notes that OSM discussed with the DMLR

and with the EPA on various occasions (see ``Submission of the Proposed

Amendment'' above) the comments submitted by EPA. The EPA subsequently

acknowledged that with the changes made to the AMLR plan by the DMLR,

the concerns identified by the EPA are resolved (Administrative Record

Number VA-909).

State Historical Preservation Officer (SHPO) and the Advisory Council

on Historic Preservation (ACHP)

Pursuant to 30 CFR 732.17(h)(4), OSM solicited comments on the

proposed amendment from the SHPO and ACHP. No comments were received.

V. Director's Decision

Based on the above findings, the Director is approving the proposed

AMLR plan amendment as submitted by Virginia on February 29, 1996, and

revised on March 5, 1997, and May 8, 1997, and supplemented with

additional materials documented in Virginia Administrative Record

Number VA-900 and VA-906.

The Federal regulations at 30 CFR Part 946.25, codifying decisions

concerning the Virginia plan amendments, are being amended to implement

this decision. This final rule is being made effective immediately to

expedite the State plan amendment process and to encourage States to

bring their plans into conformity with the Federal standards without

undue delay. Consistency of State and Federal standards is required by

SMCRA.

VI. Procedural Determinations

Executive Order 12866

This proposed rule is exempted from review by the Office of

Management and

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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 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 promulgated by a specific

State or Tribal, not by OSM. Decisions on proposed 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 or SMCRA (30 U.S.C. 1231-1243) and 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 (516 DM 6, appendix 8,

paragraph 8.4B(29)).

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

corresponding 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 in the analyses for the corresponding 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: June 16, 1997.

Tim L. Dieringer,

Acting Regional Director, Appalachian Regional Coordinating Center.

For the reasons set out in the preamble, Title 30, Chapter VII,

Subchapter T of the Code of Federal Regulations is amended as set forth

below:

PART 946--VIRGINIA

1. The authority citation for part 946 continues to read as

follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 946.25 is amended in the table for paragraph (a) by

adding a new entry in chronological order by ``Date of Final

Publication'' to read as follows:

Sec. 946.25 Approval of Virginia abandoned mine land reclamation plan

amendments.

(a) * * *

----------------------------------------------------------------------------------------------------------------

Original amendment submission

date Date of final publication Citation/description

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* * * * * *

*

Feb. 29, 1996................... July 3, 1997................... Revisions to the Virginia State Reclamation

Plan corresponding to 30 CFR 884.13(a), (b),

(c)(1), (c)(2), (c)(3), (c)(4), (c)(5),

(c)(6), (c)(7), (d)(1), (d)(2), (d)(3),

(d)(4), (e)(1), (e)(2), (e)(3), (f)(1),

(f)(2), and (f)(3).

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* * * * *

[FR Doc. 97-17403 Filed 7-2-97; 8:45 am]

BILLING CODE 4310-05-M