Virginia Regulatory Program, 26329-26331 [E7-8868]
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Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Proposed Rules
List of Subjects in 16 CFR Part 259
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E7–8886 Filed 5–8–07; 8:45 am]
III. Request for Comment
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modification or rescission. Therefore,
the Commission solicits comments on,
among other things, the economic
impact of and the continuing need for
the Fuel Economy Guide; possible
conflict between the Guide and state,
local or other federal laws; and the
effect on the Guide of any technological,
economic, or other industry changes.
BILLING CODE 6750–01–P
The Commission solicits comments
on the following specific questions
related to the Guide:
(1) Is there a continuing need for the
Fuel Economy Guide? Is the Guide
necessary to prevent unfair and/or
deceptive practices in advertising for
new automobiles? Are there any specific
provisions of the Guide that are no
longer needed to prevent unfair and/or
deceptive advertising practices?
(2) What changes, if any, should be
made to the Guide to reflect recent
amendments to EPA’s fuel economy
testing and labeling requirements?
(3) What benefits has the Guide
provided to purchasers of new
automobiles? Has the Guide imposed
costs on purchasers?
(4) What changes, if any, should be
made to the Guide to increase its
benefits to purchasers? How would
these changes affect the costs that the
Guide imposes on firms who conform to
its advice? How would these changes
affect the benefits to purchasers?
(5) What significant burdens or costs,
including costs of compliance, has the
Guide imposed on firms that conform to
its advice? Are any provisions in the
Guide duplicative or otherwise
unnecessary? Are any of the Guide’s
provisions unnecessarily prescriptive?
(6) Has the Guide provided benefits to
firms that conform to its advice? If so,
what benefits?
(7) What changes, if any, should be
made to the Guide to reduce the
burdens or costs imposed on firms who
conform to its advice? How would these
changes affect the benefits provided by
the Guide?
(8) Does the Guide overlap or conflict
with other federal, state, or local laws or
regulations?
(9) Since the Guide was issued, what
effects have changes in relevant
technology or economic conditions had
on the Guide?
(10) Are there any unfair and
deceptive practices occurring in the
promotion or advertising of fuel
economy that are not covered by the
Guide? If so, what mechanisms should
be explored to address such practices
(e.g., consumer education, industry self
regulation, or revisions to the Guide)?
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Advertising, Fuel economy, Trade
practices.
Authority: 15 U.S.C. 41–58.
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 946
[VA–125–FOR]
Virginia Regulatory Program
Office of Surface Mining
Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment
period and opportunity for public
hearing on proposed amendment.
AGENCY:
SUMMARY: We are announcing receipt of
a proposed amendment to the Virginia
regulatory program under the Surface
Mining Control and Reclamation Act of
1977 (SMCRA or the Act). The program
amendment revises the Virginia Coal
Surface Mining Reclamation
Regulations concerning review of a
decision not to inspect or enforce. The
amendment is intended to specify the
time limit for filing a request for review
of a decision, and to identify to whom
a request for review should be filed.
DATES: We will accept written
comments on this amendment until 4
p.m. (local time), on June 8, 2007. If
requested, we will hold a public hearing
on the amendment on June 4, 2007. We
will accept requests to speak at the
hearing until 4 p.m. (local time), on May
24, 2007.
ADDRESSES: You may submit comments,
identified by VA–125–FOR, by any of
the following methods:
• E-mail: tdieringer@osmre.gov.
Include VA–125–FOR in the subject line
of the message.
• Mail/Hand Delivery: Mr. Tim
Dieringer, Director, Knoxville Field
Office, Office of Surface Mining
Reclamation and Enforcement, 1941
Neeley Road, Suite 201, Compartment
116, Big Stone Gap, Virginia 24219.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency docket number
for this rulemaking. For detailed
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26329
instructions on submitting comments
and additional information on the
rulemaking process, see the ‘‘Public
Comment Procedures’’ heading in the
SUPPLEMENTARY INFORMATION section of
this document. You may also request to
speak at a public hearing by any of the
methods listed above or by contacting
the individual listed under FOR FURTHER
INFORMATION CONTACT.
Docket: You may review copies of the
Virginia program, this amendment, a
listing of any scheduled public hearings,
and all written comments received in
response to this document at the
addresses listed below during normal
business hours, Monday through Friday,
excluding holidays. You may receive
one free copy of the amendment by
contacting OSM’s Big Stone Gap Area
Office.
Mr. Tim Dieringer, Director, Knoxville
Field Office, Office of Surface Mining
Reclamation and Enforcement, 1941
Neeley Road, Suite 201, Compartment
116, Big Stone Gap, Virginia 24219,
Telephone: (276) 523–4303. E-mail:
tdieringer@osmre.gov.
Mr. Leslie S. Vincent, Virginia
Division of Mined Land Reclamation,
P.O. Drawer 900, Big Stone Gap,
Virginia 24219, Telephone: (276) 523–
8100. E-mail: lsv@mme.state.va.us.
FOR FURTHER INFORMATION CONTACT: Mr.
Tim Dieringer, Director, Knoxville Field
Office; Telephone: (276) 523–4303. Email: tdieringer@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Virginia Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Virginia Program
Section 503(a) of the Act permits a
State to assume primacy for the
regulation of surface coal mining and
reclamation operations on non-Federal
and non-Indian lands within its borders
by demonstrating that its program
includes, among other things, ‘‘* * * a
State law which provides for the
regulation of surface coal mining and
reclamation operations in accordance
with the requirements of the Act* * *;
and rules and regulations consistent
with regulations issued by the Secretary
pursuant to the Act.’’ See 30 U.S.C.
1253(a)(1) and (7). On the basis of these
criteria, the Secretary of the Interior
conditionally approved the Virginia
program on December 15, 1981. You can
find background information on the
Virginia program, including the
Secretary’s findings, the disposition of
comments, and conditions of approval
of the Virginia program in the December
15, 1981 Federal Register (46 FR
61088). You can also find later actions
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Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Proposed Rules
concerning Virginia’s program and
program amendments at 30 CFR 946.12,
946.13, and 946.15.
II. Description of the Proposed
Amendment
By letter dated March 12, 2007
(Administrative Record Number VA–
1063), the Virginia Department of
Mines, Minerals and Energy (DMME)
submitted an amendment to the Virginia
program. The program amendment
revises the Virginia Administrative
Code (VAC) at 4 VAC 25–130–842.15(d)
in order to clarify the process for
requesting a review of a decision by the
Division of Mined Land Reclamation
(DMLR) not to inspect or enforce. The
revision specifies that a person
requesting a formal hearing to review a
decision by DMLR not to inspect or
enforce must do so within 30 days of
DMLR’s determination. The revision
also specifies that the request for formal
review must be filed with the Director,
DMLR.
The following amendment is
proposed:
4VAC 25–130–842.15(d). Review of
decision not to inspect or enforce.
This provision is proposed to be
amended at subsection (d) by adding the
phrase ‘‘within 30 days of the Division’s
determination’’ to clarify the time limit
within which a person may request a
formal hearing to review a decision not
to inspect or enforce. Subsection (d) is
also amended to specify that all requests
for hearings and appeals for review and
reconsideration be filed with the
Director, Division of Mined Land
Reclamation so as to be consistent with
similar regulations.
As amended, 4VAC2 5–130–842.15(d)
provides as follows:
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(d) Any person who requested a review of
a decision not to inspect or enforce under
this section and who is or may be adversely
affected by any determination made under
Subsection (b) of this section may request
review of that determination by filing within
30 days of the division’s determination an
application for formal review and request for
hearing under the Virginia Administrative
Process Act, § 2.2–4000 et seq. of the Code of
Virginia. All requests for hearing or appeals
for review and reconsideration made under
this section shall be filed with the Director,
Division of Mined Land Reclamation,
Department of Mines, Minerals and Energy,
Post Office Drawer 900, Big Stone Gap,
Virginia 24219.
III. Public Comment Procedures
Under the provisions of 30 CFR
732.17(h), we are seeking your
comments on whether the amendment
satisfies the applicable program
approval criteria of 30 CFR 732.15. If we
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approve the amendment, it will become
part of the Virginia program.
Written Comments
Send your written or electronic
comments to OSM at the address given
above. Your written comments should
be specific, pertain only to the issues
proposed in this rulemaking, and
include explanations in support of your
recommendations. We may not consider
or respond to your comments when
developing the final rule if they are
received after the close of the comment
period (see DATES). We will make every
attempt to log all comments into the
administrative record, but comments
delivered to an address other than the
Big Stone Gap Area Office may not be
logged in.
Electronic Comments
Please submit Internet comments as
an e-mail or Word file avoiding the use
of special characters and any form of
encryption. Please also include Attn:
SATS NO. VA–125-FOR and your name
and return address in your Internet
message. If you do not receive a
confirmation that we have received your
Internet message, contact the Big Stone
Gap Area office at (276) 523–4303.
Availability of Comments
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Public Hearing
If you wish to speak at the public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT by 4
p.m. (local time), on May 24, 2007. If
you are disabled and need special
accommodations to attend a public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT. We
will arrange the location and time of the
hearing with those persons requesting
the hearing. If no one requests an
opportunity to speak, we will not hold
a hearing.
To assist the transcriber and ensure an
accurate record, we request, if possible,
that each person who speaks at the
public hearing provide us with a written
copy of his or her comments. The public
hearing will continue on the specified
date until everyone scheduled to speak
has been given an opportunity to be
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heard. If you are in the audience and
have not been scheduled to speak and
wish to do so, you will be allowed to
speak after those who have been
scheduled. We will end the hearing after
everyone scheduled to speak and others
present in the audience who wish to
speak, have been heard.
Public Meeting
If only one person requests an
opportunity to speak, we may hold a
public meeting rather than a public
hearing. If you wish to meet with us to
discuss the amendment, please request
a meeting by contacting the person
listed under FOR FURTHER INFORMATION
CONTACT. All such meetings will be
open to the public and, if possible, we
will post notices of meetings at the
locations listed under ADDRESSES. We
will make a written summary of each
meeting a part of the Administrative
Record.
IV. Procedural Determinations
Executive Order 12630—Takings
This rule does not have takings
implications. This determination is
based on the analysis performed for the
counterpart Federal regulation.
Executive Order 12866—Regulatory
Planning and Review
This rule is exempt from review by
the Office of Management and Budget
under Executive Order 12866.
Executive Order 12988—Civil Justice
Reform
The Department of the Interior has
conducted the reviews required by
section 3 of Executive Order 12988 and
has determined that 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
because each 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
the Federal regulations at 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.
Executive Order 13132—Federalism
This rule does not have Federalism
implications. SMCRA delineates the
roles of the Federal and State
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Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Proposed Rules
governments with regard to the
regulation of surface coal mining and
reclamation operations. One of the
purposes of SMCRA is to ‘‘establish a
nationwide program to protect society
and the environment from the adverse
effects of surface coal mining
operations.’’ Section 503(a)(1) of
SMCRA requires that State laws
regulating surface coal mining and
reclamation operations be ‘‘in
accordance with’’ the requirements of
SMCRA, and section 503(a)(7) requires
that State programs contain rules and
regulations ‘‘consistent with’’
regulations issued by the Secretary
pursuant to SMCRA.
Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
In accordance with Executive Order
13175, we have evaluated the potential
effects of this rule on Federallyrecognized Indian tribes and have
determined that the rule does not have
substantial direct effects on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
The basis for this determination is our
decision is on a State regulatory
program and does not involve a Federal
regulation involving Indian lands.
Executive Order 13211—Regulations
That Significantly Affect the Supply,
Distribution, or Use of Energy
On May 18, 2001, the President issued
Executive Order 13211 which requires
agencies to prepare a Statement of
Energy Effects for a rule that is (1)
Considered significant under Executive
Order 12866, and (2) likely to have a
significant adverse effect on the supply,
distribution, or use of energy. Because
this rule is exempt from review under
Executive Order 12866 and is not
expected to have a significant adverse
effect on the supply, distribution, or use
of energy, a Statement of Energy Effects
is not required.
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National Environmental Policy Act
This rule does not require an
environmental impact statement
because 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)).
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Jkt 211001
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.).
FEDERAL COMMUNICATIONS
COMMISSION
Regulatory Flexibility Act
The Department of the Interior
certifies 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. 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.
26331
Radio Broadcasting Services;
Christine, TX
Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule: (a) Does not have an annual
effect on the economy of $100 million;
(b) Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions; and (c) Does not
have significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises. This
determination is based upon the
analysis performed under various laws
and executive orders for the counterpart
Federal regulations.
Unfunded Mandates
This rule will not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
of $100 million or more in any given
year. This determination is based upon
the analysis performed under various
laws and executive orders for the
counterpart Federal regulations.
List of Subjects in 30 CFR Part 948
Intergovernmental relations, Surface
mining, Underground mining.
Dated: March 22, 2007.
H. Vann Weaver,
Acting Regional Director, Appalachian
Region.
[FR Doc. E7–8868 Filed 5–8–07; 8:45 am]
BILLING CODE 4310–05–P
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47 CFR Part 73
[DA 07–1854; MB Docket No. 07–78; RM–
11366]
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
SUMMARY: This document requests
comments on a petition for rule making
filed by Katherine Pyeatt (‘‘Petitioner’’)
proposing the allotment of Channel
245C3 at Christine, Texas, as a first local
service. The proposed coordinates are
28–40–00 NL and 98–30–15 WL with a
site restriction of 13.6 km (8.4 miles)
south of city reference.
DATES: Comments must be filed on or
before June 18, 2007, and reply
comments on or before July 3, 2007.
ADDRESSES: Federal Communications
Commission, 445 Twelfth Street, SW.,
Washington, DC 20554. In addition to
filing comments with the FCC,
interested parties should serve the
Petitioner and her counsel, as follows:
Katherine Pyeatt, 6655 Aintree Circle,
Dallas, Texas, 75214 and Gene A.
Bechtel, Esquire, Law Office of Gene
Bechtel, 1050 17th Street, NW., Suite
600, Washington, DC 20036.
FOR FURTHER INFORMATION CONTACT:
Helen McLean, Media Bureau, (202)
418–2738.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Notice of
Proposed Rule Making, MB Docket No.
07–78, adopted April 25, 2007, and
released April 27, 2007. The full text of
this Commission decision is available
for inspection and copying during
normal business hours in the
Commission’s Reference Information
Center, 445 Twelfth Street, SW.,
Washington, DC 20554. This document
may also be purchased from the
Commission’s duplicating contractors,
Best Copy and Printing, Inc., 445 12th
Street, SW., Room CY–B402,
Washington, DC 20554, telephone 1–
800–378–3160 or www.BCPIWEB.com.
This document does not contain
proposed information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13. In addition, therefore, it does not
contain any proposed information
collection burden ‘‘for small business
concerns with fewer than 25
employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
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]]>Agencies
[Federal Register Volume 72, Number 89 (Wednesday, May 9, 2007)]
[Proposed Rules]
[Pages 26329-26331]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8868]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 946
[VA-125-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 on proposed amendment.
-----------------------------------------------------------------------
SUMMARY: We are announcing receipt of a proposed amendment to the
Virginia regulatory program under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the Act). The program amendment
revises the Virginia Coal Surface Mining Reclamation Regulations
concerning review of a decision not to inspect or enforce. The
amendment is intended to specify the time limit for filing a request
for review of a decision, and to identify to whom a request for review
should be filed.
DATES: We will accept written comments on this amendment until 4 p.m.
(local time), on June 8, 2007. If requested, we will hold a public
hearing on the amendment on June 4, 2007. We will accept requests to
speak at the hearing until 4 p.m. (local time), on May 24, 2007.
ADDRESSES: You may submit comments, identified by VA-125-FOR, by any of
the following methods:
E-mail: tdieringer@osmre.gov. Include VA-125-FOR in the
subject line of the message.
Mail/Hand Delivery: Mr. Tim Dieringer, Director, Knoxville
Field Office, Office of Surface Mining Reclamation and Enforcement,
1941 Neeley Road, Suite 201, Compartment 116, Big Stone Gap, Virginia
24219.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency
docket number for this rulemaking. For detailed instructions on
submitting comments and additional information on the rulemaking
process, see the ``Public Comment Procedures'' heading in the
SUPPLEMENTARY INFORMATION section of this document. You may also
request to speak at a public hearing by any of the methods listed above
or by contacting the individual listed under FOR FURTHER INFORMATION
CONTACT.
Docket: You may review copies of the Virginia program, this
amendment, a listing of any scheduled public hearings, and all written
comments received in response to this document at the addresses listed
below during normal business hours, Monday through Friday, excluding
holidays. You may receive one free copy of the amendment by contacting
OSM's Big Stone Gap Area Office.
Mr. Tim Dieringer, Director, Knoxville Field Office, Office of
Surface Mining Reclamation and Enforcement, 1941 Neeley Road, Suite
201, Compartment 116, Big Stone Gap, Virginia 24219, Telephone: (276)
523-4303. E-mail: tdieringer@osmre.gov.
Mr. Leslie S. Vincent, Virginia Division of Mined Land Reclamation,
P.O. Drawer 900, Big Stone Gap, Virginia 24219, Telephone: (276) 523-
8100. E-mail: lsv@mme.state.va.us.
FOR FURTHER INFORMATION CONTACT: Mr. Tim Dieringer, Director, Knoxville
Field Office; Telephone: (276) 523-4303. E-mail: tdieringer@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Virginia Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Virginia Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its program includes, among other things, ``* * * a State law which
provides for the regulation of surface coal mining and reclamation
operations in accordance with the requirements of the Act* * *; and
rules and regulations consistent with regulations issued by the
Secretary pursuant to the Act.'' See 30 U.S.C. 1253(a)(1) and (7). On
the basis of these criteria, the Secretary of the Interior
conditionally approved the Virginia program on December 15, 1981. You
can find background information on the Virginia program, including the
Secretary's findings, the disposition of comments, and conditions of
approval of the Virginia program in the December 15, 1981 Federal
Register (46 FR 61088). You can also find later actions
[[Page 26330]]
concerning Virginia's program and program amendments at 30 CFR 946.12,
946.13, and 946.15.
II. Description of the Proposed Amendment
By letter dated March 12, 2007 (Administrative Record Number VA-
1063), the Virginia Department of Mines, Minerals and Energy (DMME)
submitted an amendment to the Virginia program. The program amendment
revises the Virginia Administrative Code (VAC) at 4 VAC 25-130-
842.15(d) in order to clarify the process for requesting a review of a
decision by the Division of Mined Land Reclamation (DMLR) not to
inspect or enforce. The revision specifies that a person requesting a
formal hearing to review a decision by DMLR not to inspect or enforce
must do so within 30 days of DMLR's determination. The revision also
specifies that the request for formal review must be filed with the
Director, DMLR.
The following amendment is proposed:
4VAC 25-130-842.15(d). Review of decision not to inspect or
enforce.
This provision is proposed to be amended at subsection (d) by
adding the phrase ``within 30 days of the Division's determination'' to
clarify the time limit within which a person may request a formal
hearing to review a decision not to inspect or enforce. Subsection (d)
is also amended to specify that all requests for hearings and appeals
for review and reconsideration be filed with the Director, Division of
Mined Land Reclamation so as to be consistent with similar regulations.
As amended, 4VAC2 5-130-842.15(d) provides as follows:
(d) Any person who requested a review of a decision not to
inspect or enforce under this section and who is or may be adversely
affected by any determination made under Subsection (b) of this
section may request review of that determination by filing within 30
days of the division's determination an application for formal
review and request for hearing under the Virginia Administrative
Process Act, Sec. 2.2-4000 et seq. of the Code of Virginia. All
requests for hearing or appeals for review and reconsideration made
under this section shall be filed with the Director, Division of
Mined Land Reclamation, Department of Mines, Minerals and Energy,
Post Office Drawer 900, Big Stone Gap, Virginia 24219.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether the amendment satisfies the applicable program
approval criteria of 30 CFR 732.15. If we approve the amendment, it
will become part of the Virginia program.
Written Comments
Send your written or electronic comments to OSM at the address
given above. Your written comments should be specific, pertain only to
the issues proposed in this rulemaking, and include explanations in
support of your recommendations. We may not consider or respond to your
comments when developing the final rule if they are received after the
close of the comment period (see DATES). We will make every attempt to
log all comments into the administrative record, but comments delivered
to an address other than the Big Stone Gap Area Office may not be
logged in.
Electronic Comments
Please submit Internet comments as an e-mail or Word file avoiding
the use of special characters and any form of encryption. Please also
include Attn: SATS NO. VA-125-FOR and your name and return address in
your Internet message. If you do not receive a confirmation that we
have received your Internet message, contact the Big Stone Gap Area
office at (276) 523-4303.
Availability of Comments
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m. (local time), on
May 24, 2007. If you are disabled and need special accommodations to
attend a public hearing, contact the person listed under FOR FURTHER
INFORMATION CONTACT. We will arrange the location and time of the
hearing with those persons requesting the hearing. If no one requests
an opportunity to speak, we will not hold a hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at the public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone scheduled to
speak has been given an opportunity to be heard. If you are in the
audience and have not been scheduled to speak and wish to do so, you
will be allowed to speak after those who have been scheduled. We will
end the hearing after everyone scheduled to speak and others present in
the audience who wish to speak, have been heard.
Public Meeting
If only one person requests an opportunity to speak, we may hold a
public meeting rather than a public hearing. If you wish to meet with
us to discuss the amendment, please request a meeting by contacting the
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings
will be open to the public and, if possible, we will post notices of
meetings at the locations listed under ADDRESSES. We will make a
written summary of each meeting a part of the Administrative Record.
IV. Procedural Determinations
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal regulation.
Executive Order 12866--Regulatory Planning and Review
This rule is exempt from review by the Office of Management and
Budget under Executive Order 12866.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 and has determined that 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 because
each 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
the Federal regulations at 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.
Executive Order 13132--Federalism
This rule does not have Federalism implications. SMCRA delineates
the roles of the Federal and State
[[Page 26331]]
governments with regard to the regulation of surface coal mining and
reclamation operations. One of the purposes of SMCRA is to ``establish
a nationwide program to protect society and the environment from the
adverse effects of surface coal mining operations.'' Section 503(a)(1)
of SMCRA requires that State laws regulating surface coal mining and
reclamation operations be ``in accordance with'' the requirements of
SMCRA, and section 503(a)(7) requires that State programs contain rules
and regulations ``consistent with'' regulations issued by the Secretary
pursuant to SMCRA.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on Federally-recognized Indian tribes
and have determined that the rule does not have substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
The basis for this determination is our decision is on a State
regulatory program and does not involve a Federal regulation involving
Indian lands.
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) Considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
This rule does not require an environmental impact statement
because 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 certifies 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. 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.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not
have an annual effect on the economy of $100 million; (b) Will not
cause a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions; and (c) Does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises. This determination is based upon the analysis performed
under various laws and executive orders for the counterpart Federal
regulations.
Unfunded Mandates
This rule will not impose an unfunded mandate on State, local, or
tribal governments or the private sector of $100 million or more in any
given year. This determination is based upon the analysis performed
under various laws and executive orders for the counterpart Federal
regulations.
List of Subjects in 30 CFR Part 948
Intergovernmental relations, Surface mining, Underground mining.
Dated: March 22, 2007.
H. Vann Weaver,
Acting Regional Director, Appalachian Region.
[FR Doc. E7-8868 Filed 5-8-07; 8:45 am]
BILLING CODE 4310-05-P
