# 61 FR 48110: Virginia Regulatory Program > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_96-22968 ## Section - **Citation:** 61 FR 48110 - **Heading:** Virginia Regulatory Program - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Federal Register / Vol. 61 / 61 FR 48110 ## Text 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. ----------------------------------------------------------------------- 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. 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Check the current official text before relying on it. Not legal advice.