Virginia Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 946

[VA-106-FOR]

Virginia Regulatory Program

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

Interior.

ACTION: Proposed rule; notice of opportunity for hearing or public

meeting.

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SUMMARY: OSM is announcing a hearing (or public meeting if only one

person requests a hearing) 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 amendment for which the hearing is being announced

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 (60 FR 16772).

DATES: The hearing is scheduled for Wednesday, September 18, 1996, at

7:00 p.m. at the Big Stone Gap Field Office. Requests to speak at the

hearing must be received by 4:00 p.m., on September 16, 1996. If a

public meeting is held instead of a hearing, it will be held on

Wednesday, September 18, 1996, at the Big Stone Gap Field Office at a

time to be determined.

ADDRESSES: Request to offer testimony 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 the scheduled public hearing (or public meeting if only one person

wishes to provide testimony), and all written comments received in

response to the

amendment 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.

c hearing (or public meeting if only one person

wishes to provide testimony), and all written comments received in

response to the

amendment 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 292506). In that notice, however, OSM did not

specifically point out that, at Sec

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 292506). In that notice, however, OSM did not

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

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

rebuttable presumption of causation by subsidence provision. The

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

30-degree angle of draw will normally apply.

30 CFR 817.121(c0(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.

OSM reopened the public comment period on July 24, 1996 (61 FR

38422) for fifteen days. One person requested a public hearing on the

28-degree angle of draw provision.

III. Public Comment Procedures

In accordance with the provisions of 30 CFR 731.17(h), OSM is

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 be come part of the Virginia program.

Public Hearing

erson requested a public hearing on the

28-degree angle of draw provision.

III. Public Comment Procedures

In accordance with the provisions of 30 CFR 731.17(h), OSM is

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 be come part of the Virginia program.

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 16, 1996.

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 the

hearing, a public meeting, rather than a public hearing, will 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 the public hearing should contact the individual listed under

FOR FURTHER INFORMATION CONTACT.

IV. Procedural Determinations.

Executive Order 12866

es 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 the 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 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 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.).

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

Intergovermental relations, Surface mining, Underground mining.

Dated: August 28, 1996.

Vann Weaver,

Acting Regional Director, Appalachian Regional Coordinating Center.

[FR Doc. 96-22968 Filed 9-11-96; 8:45 am]

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