West Virginia Regulatory Program, 33884-33888 [E8-13456]
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Federal Register / Vol. 73, No. 116 / Monday, June 16, 2008 / Rules and Regulations
2. Section 772.1 is amended by
revising paragraph (e) of the Technical
Notes to the definition of ‘‘payload’’, as
set forth below:
those specified in 1C011, as follows (see
List of Items Controlled).
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§ 772.1 Definitions of terms as used in the
Export Administration Regulations (EAR).
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‘‘Payload’’. (MTCR context).
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e. Other UAVs—‘‘Payload’’ includes:
1. Munitions of any type (e.g.,
explosive or non-explosive);
2. Mechanisms and devices for safing,
arming, fuzing or firing;
3. Countermeasures equipment (e.g.,
decoys, jammers or chaff dispensers)
that can be removed without violating
the structural integrity of the vehicle;
4. Signature alteration equipment that
can be removed without violating the
structural integrity of the vehicle;
5. Equipment required for a mission
such as data gathering, recording or
transmitting devices for mission-specific
data and supporting structures that can
be removed without violating the
structural integrity of the vehicle;
6. Recovery equipment (e.g.,
parachutes) that can be removed
without violating the structural integrity
of the vehicle;
7. Munitions supporting structures
and deployment mechanisms that can
be removed without violating the
structural integrity of the vehicle.
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PART 774—[AMENDED]
3. The authority citation for 15 CFR
part 774 continues to read as follows:
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Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u);
42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C.
1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5;
22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; Notice of August 15, 2007, 72
FR 46137 (August 16, 2007).
4. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Materials, Chemicals,
‘‘Microorganisms’’ & ‘‘Toxins’’, Export
Control Classification Number (ECCN)
1C111 is amended by revising
paragraphs (b)(1) and (b)(2) of the
‘‘items’’ paragraph in the List of Items
Controlled section, to read as follows:
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Supplement No. 1 to Part 774—The
Commerce Control List
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1C111 Propellants and constituent
chemicals for propellants, other than
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List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
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b. Polymeric substances:
b.1. Carboxy—terminated polybutadiene
(including carboxyl—terminated
polybutadiene) (CTPB);
b.2. Hydroxy—terminated polybutadiene
(including hydroxyl—terminated
polybutadiene) (HTPB);
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5. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Materials, Chemicals,
‘‘Microorganisms’’ & ‘‘Toxins’’, Export
Control Classification Number (ECCN)
1C116 is amended by revising the
heading, to read as follows:
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1C116 Maraging steels (iron alloys
generally characterized by high nickel,
very low carbon content and the use of
substitutional elements or precipitates to
produce strengthening and agehardening of the alloy) having an
ultimate tensile strength equal to or
greater than 1.5 GPa, measured at 293
K (20 ≥C), in the form of sheet, plate or
tubing with a wall or plate thickness
equal to or less than 5 mm.
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6. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, Export Control
Classification Number (ECCN) 2B116 is
amended by revising paragraph (a) of
the ‘‘items’’ paragraph in the List of
Items Controlled section, to read as
follows:
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2B116 Vibration test systems, equipment
and components therefor, as follows (see
List of Items Controlled).
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List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
a. Vibration test systems employing
feedback or closed loop techniques and
incorporating a digital controller, capable of
vibrating a system at an acceleration equal to
or greater than 10 g rms between 20 Hz to
2,000 Hz while imparting forces equal to or
greater than 50 kN (11,250 lbs.), measured
‘bare table’;
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I 7. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9B106 is amended:
I a. By revising the heading; and
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b. By revising paragraph (a) and the
‘‘Technical Notes’’ to paragraph (a) of
the ‘‘items’’ paragraph in the List of
Items Controlled section, to read as
follows:
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9B106 Environmental chambers usable for
rockets, missiles, or unmanned aerial
vehicles capable of achieving a ‘‘range’’
equal to or greater than 300 km and
their subsystems, as follows (see List of
Items Controlled).
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List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
a. Environmental chambers capable of
simulating all of the following flight
conditions:
a.1. Having any of the following:
a.1.a. Altitude equal to or greater than
15,000 m; or
a.1.b. Temperature range of at least ¥50 °C
to +125 °C; and
a.2. Incorporating, or designed or modified
to incorporate, a shaker unit or other
vibration test equipment to produce vibration
environments equal to or greater than 10 g
rms, measured ‘bare table’, between 20 Hz
and 2 kHz imparting forces equal to or greater
than 5 kN;
Technical Notes:
1. Item 9B106.a.2 describes systems that
are capable of generating a vibration
environment with a single wave (e.g., a sine
wave) and systems capable of generating a
broad band random vibration (i.e., power
spectrum).
2. The term ‘bare table’ means a flat table,
or surface, with no fixture or fittings.
3. In Item 9B106.a.2, designed or modified
means the environmental chamber provides
appropriate interfaces (e.g., sealing devices)
to incorporate a shaker unit or other vibration
test equipment as specified in this Item.
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Dated: June 10, 2008.
Matthew S. Borman,
Acting Assistant Secretary for Export
Administration.
[FR Doc. E8–13468 Filed 6–13–08; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 948
[WV–114–FOR; OSM–2008–0010]
West Virginia Regulatory Program
Office of Surface Mining
Reclamation and Enforcement (OSM),
Interior.
ACTION: Interim rule with request for
comments.
AGENCY:
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Federal Register / Vol. 73, No. 116 / Monday, June 16, 2008 / Rules and Regulations
SUMMARY: We are approving, on an
interim basis, an amendment to the
West Virginia regulatory program (the
West Virginia program) under the
Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the
Act). West Virginia revised its Surface
Coal Mining and Reclamation Act to
effect changes concerning the special
reclamation tax and other issues. The
tax provisions of the amendment are
intended to increase and extend the
special reclamation tax, and create the
Special Reclamation Water Trust Fund
for the purpose of designing,
constructing and maintaining water
treatment systems on forfeited sites.
We are approving the reinstatement of
the seven cents per ton special
reclamation tax, its increase to seven
and four-tenths cents per ton, as well as
the creation of the Special Reclamation
Water Trust Fund, on an interim basis,
with our approval becoming effective
upon publication of this interim rule.
DATES: Effective Date: This rule is
effective June 16, 2008. Comment Date:
We will accept written comments until
4 p.m., local time July 16, 2008. If
requested, we will hold a public hearing
on July 11, 2008. We will accept
requests to speak until 4 p.m., local time
on July 1, 2008.
ADDRESSES: You may submit comments
by any of the following two methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. The proposed rule
has been assigned Docket ID: OSM–
2008–0010. If you would like to submit
comments through the Federal
eRulemaking Portal, go to https://
www.regulations.gov and do the
following. Click on the ‘‘Advanced
Docket Search’’ button on the right side
of the screen. Type in the Docket ID
OSM–2008–0010 and click the
‘‘Submit’’ button at the bottom of the
page. The next screen will display the
Docket Search Results for the
rulemaking. If you click on OSM–2008–
0010, you can view the proposed rule
and submit a comment. You can also
view supporting material and any
comments submitted by others.
• Mail/Hand Delivery: Mr. Roger W.
Calhoun, Director, Charleston Field
Office, Office of Surface Mining
Reclamation and Enforcement, 1027
Virginia Street, East, Charleston, WV
25301. Please include the rule identifier
(WV–114–FOR) with your written
comments.
Instructions: All submissions received
must include the agency Docket ID
(OSM–2008–0010) for this rulemaking.
For detailed instructions on submitting
comments and additional information
on the rulemaking process, see ‘‘IV.
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Public Comment Procedures’’ 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: The interim rule and any
comments that are submitted may be
viewed over the Internet at https://
www.regulations.gov. Look for Docket
ID OSM–2008–0010. In addition, you
may review copies of the West 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 also receive one free
copy of this amendment by contacting
OSM’s Charleston Field Office listed
below.
Mr. Roger W. Calhoun, Director,
Charleston Field Office, Office of
Surface Mining Reclamation and
Enforcement, 1027 Virginia Street,
East, Charleston, WV 25301,
Telephone: (304) 347–7158. E-mail:
chfo@osmre.gov.
West Virginia Department of
Environmental Protection, 601 57th
Street, SE., Charleston, WV 25304,
Telephone: (304) 926–0490.
In addition, you may review a copy of
the amendment during regular business
hours at the following locations:
Office of Surface Mining Reclamation
and Enforcement, Morgantown Area
Office, 604 Cheat Road, Suite 150,
Morgantown, West Virginia 26508,
Telephone: (304) 291–4004. (By
Appointment Only)
Office of Surface Mining Reclamation
and Enforcement, Beckley Area
Office, 313 Harper Park Drive, Suite 3,
Beckley, West Virginia 25801,
Telephone: (304) 255–5265.
FOR FURTHER INFORMATION CONTACT: Mr.
Roger W. Calhoun, Director, Charleston
Field Office, Telephone: (304) 347–
7158. E-mail: chfo@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the West Virginia Program
II. Description and Submission of the
Amendment
III. OSM’s Findings
IV. Public Comment Procedures
V. OSM’s Decision
VI. Procedural Determinations
I. Background on the West 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
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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 West
Virginia program on January 21, 1981.
You can find background information
on the West Virginia program, including
the Secretary’s findings, the disposition
of comments, and conditions of
approval of the West Virginia program
in the January 21, 1981, Federal
Register (46 FR 5915). You can also find
later actions concerning West Virginia’s
program and program amendments at 30
CFR 948.10, 948.12, 948.13, 948.15, and
948.16.
II. Description and Submission of the
Amendment
By letter dated April 8, 2008, and
received electronically on April 17,
2008 (Administrative Record Number
WV–1503), the West Virginia
Department of Environmental Protection
(WVDEP) submitted an amendment to
its program under SMCRA (30 U.S.C.
1201 et seq.). The amendment includes
changes to the West Virginia Code of
State Regulations (CSR) and West
Virginia Surface Coal Mining and
Reclamation Act (WVSCMRA) as
contained in Committee Substitutes for
Senate Bills 373 and 751 concerning a
variety of topics including new language
regarding technical completeness,
sediment control, storm water runoff,
blasting, excess spoil fills, bonding
programs, special reclamation tax, water
quality, seismograph records, and
definitions. OSM is publishing, under a
separate Federal Register notice, the
proposed rule and request for comments
on changes in the amendment that are
not specifically addressed by this
action.
Committee Substitute for Senate Bill
751 amended Section 22–3–11 of the
WVSCMRA. As stated in the April 8,
2008, letter transmitting the
amendment, the revisions contained in
Senate Bill 751 related ‘‘* * * generally
to the special reclamation tax by
establishing the Special Reclamation
Water Trust Fund; continuing and
reimposing a tax on clean coal mined
for deposit into both funds; requiring
the Secretary to look at alternative
programs; and authorizing the Secretary
to promulgate legislative rules
implementing the alternative
programs.’’
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Specifically, the amended language
relating to the special reclamation tax
and the Special Reclamation Water
Trust Fund reads as follows:
§ 22–3–11. Bonds; amount and method of
bonding; bonding requirements; special
reclamation tax and funds; prohibited acts;
period of bond liability.
(g) The Special Reclamation Fund
previously created is continued. The Special
Reclamation Water Trust Fund is created
within the State Treasury into and from
which moneys shall be paid for the purpose
of assuring a reliable source of capital to
reclaim and restore water treatment systems
on forfeited sites. The moneys accrued in
both funds, any interest earned thereon and
yield from investments by the State Treasurer
or West Virginia Investment Management
Board are reserved solely and exclusively for
the purposes set forth in this section and
section seventeen, article one of this chapter.
The funds shall be administered by the
secretary who is authorized to expend the
moneys in both funds for the reclamation and
rehabilitation of lands which were subjected
to permitted surface mining operations and
abandoned after the third day of August, one
thousand nine hundred seventy-seven, where
the amount of the bond posted and forfeited
on the land is less than the actual cost of
reclamation, and where the land is not
eligible for abandoned mine land reclamation
funds under article two of this chapter. The
secretary shall develop a long-range planning
process for selection and prioritization of
sites to be reclaimed so as to avoid inordinate
short-term obligations of the assets in both
funds of such magnitude that the solvency of
either is jeopardized. The secretary may use
both funds for the purpose of designing,
constructing and maintaining water
treatment systems when they are required for
a complete reclamation of the affected lands
described in this subsection. The secretary
may also expend an amount not to exceed ten
percent of the total annual assets in both
funds to implement and administer the
provisions of this article and, as they apply
to the Surface Mine Board, articles one and
four, chapter twenty-two-b of this code.
(h)(1) For tax periods commencing on and
after the first day of July, two thousand eight,
every person conducting coal surface mining
shall remit a special reclamation tax as
follows: (A) For the initial period of twelve
months, ending the thirtieth day of June, two
thousand nine, seven and four-tenths cents
per ton of clean coal mined, the proceeds of
which shall be allocated by the secretary for
deposit in the Special Reclamation Fund and
the Special Reclamation Water Trust Fund;
(B) an additional seven cents per ton of clean
coal mined, the proceeds of which shall be
deposited in the Special Reclamation Fund.
The tax shall be levied upon each ton of
clean coal severed or clean coal obtained
from refuse pile and slurry pond recovery or
clean coal from other mining methods
extracting a combination of coal and waste
material as part of a fuel supply. The
additional seven-cent tax shall be reviewed
and, if necessary, adjusted annually by the
Legislature upon recommendation of the
council pursuant to the provisions of section
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seventeen, article one of this chapter:
Provided, That the tax may not be reduced
until the Special Reclamation Fund and
Special Reclamation Water Trust Fund have
sufficient moneys to meet the reclamation
responsibilities of the state established in this
section.
III. OSM’s Findings
Effective upon publication of this
interim rule, we are approving the
revisions to section 22–3–11(g) and
(h)(1) of the WVSCMRA, which
reinstate and increase the Special
Reclamation Tax and create the Special
Reclamation Water Trust Fund on an
interim basis. Since these revisions
increase revenues into the State’s
alternative bonding system and
establish a Special Reclamation Water
Trust Fund to be used to design,
construct and maintain water treatment
systems on forfeited sites, we find that
they are no less effective than the
Federal regulations at 30 CFR 800.11(e).
Because our approval of these revisions
is interim in nature, and in order to
satisfy the public participation
requirements for approval or
disapproval of State program
amendments we will accept comments
on the reinstatement of and increase in
the Special Reclamation Tax and on the
creation of the Special Reclamation
Water Trust Fund in accordance with
section IV of this Federal Register
notice. Following our review of the
comments received, we will issue a final
rule announcing the Director’s final
decision on the revisions to section 22–
3–11(g) and (h)(1) of the WVSCMRA
that are the subject of this interim rule.
Pursuant to the Administrative
Procedure Act at 5 U.S.C. § 553(b)(3)(B),
we find that good cause exists to
approve the revisions to section 22–3–
11(g) and (h)(1) of the WVSCMRA on an
interim basis without notice and
opportunity for comment, because to
require notice and opportunity for
comment now would be contrary to the
public interest in that it would delay the
start of the collection of the increased
Special Reclamation Tax. Enrolled
Committee Substitute for Senate Bill
751 becomes effective under State law
on July 1, 2008, and the public interest
in the accomplishment of prompt and
thorough reclamation of bond forfeiture
sites, including water treatment of
discharges therefrom, will be adversely
affected if the 7.4 cent per ton Special
Reclamation Tax cannot be collected on
and after that effective date. In any
event, as explained above, the public
will have an opportunity to comment on
the reinstatement of and increase in the
Special Reclamation Tax, and on the
creation of the Special Reclamation
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Water Trust Fund, before we make a
final decision.
IV. Public Comment Procedures
Under the provisions of 30 CFR
732.17(h), we are seeking your
comments on whether these
amendments satisfy the applicable
program approval criteria of 30 CFR
732.15. If we approve these revisions,
they will become part of the West
Virginia program.
Written Comments
Send your written comments to OSM
at one of the addresses given above.
Your 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) or sent to an address
other than those listed above (see
ADDRESSES).
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. (Eastern time), on July 1, 2008. If
you are disabled and need reasonable
accommodation 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
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everyone scheduled to speak and others
present in the audience who wish to
speak, have been heard.
Public Meeting
If there is only limited interest in
participating in a public hearing, 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
Docket for this rulemaking.
V. OSM’s Decision
Based on the above findings, we are
approving on an interim basis, the
specific revisions outlined above to the
West Virginia program as provided to us
on April 17, 2008. To implement this
decision, we are amending the Federal
regulations at 30 CFR Part 948, which
codify decisions concerning the West
Virginia program. We find that good
cause exists under 5 U.S.C. 553(d)(3) to
make this interim rule effective
immediately. Section 503(a) of SMCRA
requires that the State’s program
demonstrate that the State has the
capability of carrying out the provisions
of the Act and meeting its purposes.
Making this rule effective immediately
will expedite that process. SMCRA
requires consistency of State and
Federal standards.
VI. Procedural Determinations
Executive Order 12630—Takings
This rule does not have takings
implications. This determination is
based on an analysis of the State
submission.
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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
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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
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 that
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
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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 previously
had a special reclamation tax of $0.07
per ton of clean coal mined which
expired on September 1, 2006. The tax
was used to reclaim bond forfeiture sites
in the State. On March 27, 2008, the
Governor signed into law a bill that
reinstated and increased the special
reclamation tax to $0.074 per ton for the
period July 1, 2008, through June 30,
2009 and created the Special
Reclamation Water Trust Fund for the
purpose of designing, constructing and
maintaining water treatment systems at
bond forfeiture sites. Mined coal would
also be subject to an additional tax of
$0.07 or a total tax of $0.144 per ton.
The combined tax rate of $0.144 will
yield approximately $10.7 million in
additional revenue for bond forfeiture
reclamation, including water treatment,
during this 12-month period. The tax is
payalabe by all coal operators mining
coal in West Virginia, regardless of size.
Small Business Regulatory Enforcement
Fairness Act
Based upon the above analysis and
discussion, we have determined that
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,
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Federal Register / Vol. 73, No. 116 / Monday, June 16, 2008 / Rules and Regulations
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.
the analysis performed under various
laws and executive orders for the
counterpart Federal regulations.
Unfunded Mandates
Dated: May 22, 2008.
Thomas D. Shope,
Regional Director, Applachian Region.
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
Original amendment submission
date
*
April 17, 2008 .................................
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Parts 217 and 218
[Docket No. FRA–2006–25267]
RIN 2130–AB76
Railroad Operating Rules: Program of
Operational Tests and Inspections;
Railroad Operating Practices: Handling
Equipment, Switches and Fixed Derails
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule; response to petitions
for reconsideration.
AGENCY:
mstockstill on PROD1PC66 with RULES
For the reasons set out in the
preamble, 30 CFR part 948 is amended
as set forth below:
I
1. The authority citation for part 948
continues to read as follows:
I
Authority: 30 U.S.C. 1201 et seq.
2. Section 948.15 is amended by
adding a new entry to the table in
chronological order by ‘‘Date of
publication of final rule’’ to read as
follows:
I
§ 948.15 Approval of West Virginia
regulatory program amendments.
*
SUMMARY: This document responds to
four petitions for reconsideration of
FRA’s final rule which was published
on February 13, 2008. The rule
mandated certain changes to a railroad’s
program of operational tests and
inspections and mandated new
requirements for the handling of
equipment, switches, and fixed derails.
DATES: This regulation is effective on
June 16, 2008.
FOR FURTHER INFORMATION CONTACT:
Douglas H. Taylor, Staff Director,
Operating Practices Division, Office of
Safety Assurance and Compliance, FRA,
1200 New Jersey Avenue, SE., RRS–11,
Mail Stop 25, Washington, DC 20590
(telephone 202–493–6255); or Alan H.
Nagler, Senior Trial Attorney, Office of
Chief Counsel, FRA, 1200 New Jersey
Jkt 214001
Avenue, SE., RCC–11, Mail Stop 10,
Washington, DC 20590 (telephone 202–
493–6038).
SUPPLEMENTARY INFORMATION:
Table of Contents for Supplementary
Information
I. Background
II. Major Issues Raised by Petitions
A. Implementation Dates
B. Shove Lights
C. Individual Liability and Enforcement
D. Good Faith Challenge
E. The Point Protection Technology
Standard for Remote Control Zones
III. Section-by-Section Analysis
IV. Regulatory Impact and Notices
A. Executive Order 12866 and DOT
Regulatory Policies and Procedures
B. Regulatory Flexibility Act and Executive
Order 13272
C. Paperwork Reduction Act
D. Federalism Implications
E. Environmental Impact
F. Unfunded Mandates Act of 1995
G. Energy Impact
H. Public Proceedings
I. Privacy Act
I. Background
On May 18, 2005, the FRA’s Railroad
Safety Advisory Committee (RSAC)
accepted a task statement and agreed to
establish the Railroad Operating Rules
Working Group (Working Group) whose
overall purpose was to recommend to
the full committee how to reduce the
number of human factor caused train
accidents/incidents and related
employee injuries. After consideration
of the Working Group’s
recommendations, FRA published a
Notice of Proposed Rulemaking (NPRM)
on October 12, 2006 to establish greater
accountability on the part of railroad
management for administration of
PO 00000
Frm 00014
Fmt 4700
*
*
*
*
Citation/description of approved provisions
*
*
*
*
June 16, 2008 ................................ W. Va. Code 22–3–11(g)
(interim approval), 11(h)(1)
(interim approval).
BILLING CODE 4310–05–P
19:10 Jun 13, 2008
Intergovernmental relations, Surface
mining, Underground mining.
Date of publication of final rule
[FR Doc. E8–13456 Filed 6–13–08; 8:45 am]
VerDate Aug<31>2005
List of Subjects in 30 CFR Part 948
PART 948—WEST VIRGINIA
Sfmt 4700
*
*
railroad programs of operational tests
and inspections, and greater
accountability on the part of railroad
supervisors and employees for
compliance with those railroad
operating rules that are responsible for
approximately half of the train accidents
related to human factors. See 71 FR
60372. FRA received written comment
on the NPRM as well as advice from its
Working Group in preparing a final rule,
which was published on February 13,
2008. See 73 FR 8442.
Following publication of the final
rule, parties filed petitions seeking
FRA’s reconsideration of the rule’s
requirements. These petitions
principally related to the following
subject areas: the implementation dates;
shove lights; the need for individual
liability and enforcement; good faith
challenge procedures; the point
protection technology standard for
remote control locomotive operations;
and FRA’s rulemaking authority.
This document responds to all the
issues raised in the petitions for
reconsideration except the issue
pertaining to FRA’s rulemaking
authority which is being addressed in a
separate letter to that specific petitioner.
FRA will make that response part of the
public docket related to this proceeding.
The amendments contained in this
document in response to the petitions
for reconsideration generally clarify the
requirements currently contained in the
final rule or allow for greater flexibility
in complying with the rule, and are
within the scope of the issues and
E:\FR\FM\16JNR1.SGM
16JNR1
]]>Agencies
[Federal Register Volume 73, Number 116 (Monday, June 16, 2008)]
[Rules and Regulations]
[Pages 33884-33888]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13456]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 948
[WV-114-FOR; OSM-2008-0010]
West Virginia Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
[[Page 33885]]
SUMMARY: We are approving, on an interim basis, an amendment to the
West Virginia regulatory program (the West Virginia program) under the
Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act).
West Virginia revised its Surface Coal Mining and Reclamation Act to
effect changes concerning the special reclamation tax and other issues.
The tax provisions of the amendment are intended to increase and extend
the special reclamation tax, and create the Special Reclamation Water
Trust Fund for the purpose of designing, constructing and maintaining
water treatment systems on forfeited sites.
We are approving the reinstatement of the seven cents per ton
special reclamation tax, its increase to seven and four-tenths cents
per ton, as well as the creation of the Special Reclamation Water Trust
Fund, on an interim basis, with our approval becoming effective upon
publication of this interim rule.
DATES: Effective Date: This rule is effective June 16, 2008. Comment
Date: We will accept written comments until 4 p.m., local time July 16,
2008. If requested, we will hold a public hearing on July 11, 2008. We
will accept requests to speak until 4 p.m., local time on July 1, 2008.
ADDRESSES: You may submit comments by any of the following two methods:
Federal eRulemaking Portal: https://www.regulations.gov.
The proposed rule has been assigned Docket ID: OSM-2008-0010. If you
would like to submit comments through the Federal eRulemaking Portal,
go to https://www.regulations.gov and do the following. Click on the
``Advanced Docket Search'' button on the right side of the screen. Type
in the Docket ID OSM-2008-0010 and click the ``Submit'' button at the
bottom of the page. The next screen will display the Docket Search
Results for the rulemaking. If you click on OSM-2008-0010, you can view
the proposed rule and submit a comment. You can also view supporting
material and any comments submitted by others.
Mail/Hand Delivery: Mr. Roger W. Calhoun, Director,
Charleston Field Office, Office of Surface Mining Reclamation and
Enforcement, 1027 Virginia Street, East, Charleston, WV 25301. Please
include the rule identifier (WV-114-FOR) with your written comments.
Instructions: All submissions received must include the agency
Docket ID (OSM-2008-0010) for this rulemaking. For detailed
instructions on submitting comments and additional information on the
rulemaking process, see ``IV. Public Comment Procedures'' 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: The interim rule and any comments that are submitted may be
viewed over the Internet at https://www.regulations.gov. Look for Docket
ID OSM-2008-0010. In addition, you may review copies of the West
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 also receive one
free copy of this amendment by contacting OSM's Charleston Field Office
listed below.
Mr. Roger W. Calhoun, Director, Charleston Field Office, Office of
Surface Mining Reclamation and Enforcement, 1027 Virginia Street, East,
Charleston, WV 25301, Telephone: (304) 347-7158. E-mail:
chfo@osmre.gov.
West Virginia Department of Environmental Protection, 601 57th Street,
SE., Charleston, WV 25304, Telephone: (304) 926-0490.
In addition, you may review a copy of the amendment during regular
business hours at the following locations:
Office of Surface Mining Reclamation and Enforcement, Morgantown Area
Office, 604 Cheat Road, Suite 150, Morgantown, West Virginia 26508,
Telephone: (304) 291-4004. (By Appointment Only)
Office of Surface Mining Reclamation and Enforcement, Beckley Area
Office, 313 Harper Park Drive, Suite 3, Beckley, West Virginia 25801,
Telephone: (304) 255-5265.
FOR FURTHER INFORMATION CONTACT: Mr. Roger W. Calhoun, Director,
Charleston Field Office, Telephone: (304) 347-7158. E-mail:
chfo@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the West Virginia Program
II. Description and Submission of the Amendment
III. OSM's Findings
IV. Public Comment Procedures
V. OSM's Decision
VI. Procedural Determinations
I. Background on the West 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 West Virginia program on January 21, 1981.
You can find background information on the West Virginia program,
including the Secretary's findings, the disposition of comments, and
conditions of approval of the West Virginia program in the January 21,
1981, Federal Register (46 FR 5915). You can also find later actions
concerning West Virginia's program and program amendments at 30 CFR
948.10, 948.12, 948.13, 948.15, and 948.16.
II. Description and Submission of the Amendment
By letter dated April 8, 2008, and received electronically on April
17, 2008 (Administrative Record Number WV-1503), the West Virginia
Department of Environmental Protection (WVDEP) submitted an amendment
to its program under SMCRA (30 U.S.C. 1201 et seq.). The amendment
includes changes to the West Virginia Code of State Regulations (CSR)
and West Virginia Surface Coal Mining and Reclamation Act (WVSCMRA) as
contained in Committee Substitutes for Senate Bills 373 and 751
concerning a variety of topics including new language regarding
technical completeness, sediment control, storm water runoff, blasting,
excess spoil fills, bonding programs, special reclamation tax, water
quality, seismograph records, and definitions. OSM is publishing, under
a separate Federal Register notice, the proposed rule and request for
comments on changes in the amendment that are not specifically
addressed by this action.
Committee Substitute for Senate Bill 751 amended Section 22-3-11 of
the WVSCMRA. As stated in the April 8, 2008, letter transmitting the
amendment, the revisions contained in Senate Bill 751 related ``* * *
generally to the special reclamation tax by establishing the Special
Reclamation Water Trust Fund; continuing and reimposing a tax on clean
coal mined for deposit into both funds; requiring the Secretary to look
at alternative programs; and authorizing the Secretary to promulgate
legislative rules implementing the alternative programs.''
[[Page 33886]]
Specifically, the amended language relating to the special
reclamation tax and the Special Reclamation Water Trust Fund reads as
follows:
Sec. 22-3-11. Bonds; amount and method of bonding; bonding
requirements; special reclamation tax and funds; prohibited acts;
period of bond liability.
(g) The Special Reclamation Fund previously created is
continued. The Special Reclamation Water Trust Fund is created
within the State Treasury into and from which moneys shall be paid
for the purpose of assuring a reliable source of capital to reclaim
and restore water treatment systems on forfeited sites. The moneys
accrued in both funds, any interest earned thereon and yield from
investments by the State Treasurer or West Virginia Investment
Management Board are reserved solely and exclusively for the
purposes set forth in this section and section seventeen, article
one of this chapter. The funds shall be administered by the
secretary who is authorized to expend the moneys in both funds for
the reclamation and rehabilitation of lands which were subjected to
permitted surface mining operations and abandoned after the third
day of August, one thousand nine hundred seventy-seven, where the
amount of the bond posted and forfeited on the land is less than the
actual cost of reclamation, and where the land is not eligible for
abandoned mine land reclamation funds under article two of this
chapter. The secretary shall develop a long-range planning process
for selection and prioritization of sites to be reclaimed so as to
avoid inordinate short-term obligations of the assets in both funds
of such magnitude that the solvency of either is jeopardized. The
secretary may use both funds for the purpose of designing,
constructing and maintaining water treatment systems when they are
required for a complete reclamation of the affected lands described
in this subsection. The secretary may also expend an amount not to
exceed ten percent of the total annual assets in both funds to
implement and administer the provisions of this article and, as they
apply to the Surface Mine Board, articles one and four, chapter
twenty-two-b of this code.
(h)(1) For tax periods commencing on and after the first day of
July, two thousand eight, every person conducting coal surface
mining shall remit a special reclamation tax as follows: (A) For the
initial period of twelve months, ending the thirtieth day of June,
two thousand nine, seven and four-tenths cents per ton of clean coal
mined, the proceeds of which shall be allocated by the secretary for
deposit in the Special Reclamation Fund and the Special Reclamation
Water Trust Fund; (B) an additional seven cents per ton of clean
coal mined, the proceeds of which shall be deposited in the Special
Reclamation Fund. The tax shall be levied upon each ton of clean
coal severed or clean coal obtained from refuse pile and slurry pond
recovery or clean coal from other mining methods extracting a
combination of coal and waste material as part of a fuel supply. The
additional seven-cent tax shall be reviewed and, if necessary,
adjusted annually by the Legislature upon recommendation of the
council pursuant to the provisions of section seventeen, article one
of this chapter: Provided, That the tax may not be reduced until the
Special Reclamation Fund and Special Reclamation Water Trust Fund
have sufficient moneys to meet the reclamation responsibilities of
the state established in this section.
III. OSM's Findings
Effective upon publication of this interim rule, we are approving
the revisions to section 22-3-11(g) and (h)(1) of the WVSCMRA, which
reinstate and increase the Special Reclamation Tax and create the
Special Reclamation Water Trust Fund on an interim basis. Since these
revisions increase revenues into the State's alternative bonding system
and establish a Special Reclamation Water Trust Fund to be used to
design, construct and maintain water treatment systems on forfeited
sites, we find that they are no less effective than the Federal
regulations at 30 CFR 800.11(e). Because our approval of these
revisions is interim in nature, and in order to satisfy the public
participation requirements for approval or disapproval of State program
amendments we will accept comments on the reinstatement of and increase
in the Special Reclamation Tax and on the creation of the Special
Reclamation Water Trust Fund in accordance with section IV of this
Federal Register notice. Following our review of the comments received,
we will issue a final rule announcing the Director's final decision on
the revisions to section 22-3-11(g) and (h)(1) of the WVSCMRA that are
the subject of this interim rule.
Pursuant to the Administrative Procedure Act at 5 U.S.C. Sec.
553(b)(3)(B), we find that good cause exists to approve the revisions
to section 22-3-11(g) and (h)(1) of the WVSCMRA on an interim basis
without notice and opportunity for comment, because to require notice
and opportunity for comment now would be contrary to the public
interest in that it would delay the start of the collection of the
increased Special Reclamation Tax. Enrolled Committee Substitute for
Senate Bill 751 becomes effective under State law on July 1, 2008, and
the public interest in the accomplishment of prompt and thorough
reclamation of bond forfeiture sites, including water treatment of
discharges therefrom, will be adversely affected if the 7.4 cent per
ton Special Reclamation Tax cannot be collected on and after that
effective date. In any event, as explained above, the public will have
an opportunity to comment on the reinstatement of and increase in the
Special Reclamation Tax, and on the creation of the Special Reclamation
Water Trust Fund, before we make a final decision.
IV. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether these amendments satisfy the applicable program
approval criteria of 30 CFR 732.15. If we approve these revisions, they
will become part of the West Virginia program.
Written Comments
Send your written comments to OSM at one of the addresses given
above. Your 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) or sent to an address other than those
listed above (see ADDRESSES).
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. (Eastern time),
on July 1, 2008. If you are disabled and need reasonable accommodation
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
[[Page 33887]]
everyone scheduled to speak and others present in the audience who wish
to speak, have been heard.
Public Meeting
If there is only limited interest in participating in a public
hearing, 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
Docket for this rulemaking.
V. OSM's Decision
Based on the above findings, we are approving on an interim basis,
the specific revisions outlined above to the West Virginia program as
provided to us on April 17, 2008. To implement this decision, we are
amending the Federal regulations at 30 CFR Part 948, which codify
decisions concerning the West Virginia program. We find that good cause
exists under 5 U.S.C. 553(d)(3) to make this interim rule effective
immediately. Section 503(a) of SMCRA requires that the State's program
demonstrate that the State has the capability of carrying out the
provisions of the Act and meeting its purposes. Making this rule
effective immediately will expedite that process. SMCRA requires
consistency of State and Federal standards.
VI. Procedural Determinations
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on an analysis of the State submission.
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 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 that 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 previously had a special reclamation tax of $0.07 per ton of
clean coal mined which expired on September 1, 2006. The tax was used
to reclaim bond forfeiture sites in the State. On March 27, 2008, the
Governor signed into law a bill that reinstated and increased the
special reclamation tax to $0.074 per ton for the period July 1, 2008,
through June 30, 2009 and created the Special Reclamation Water Trust
Fund for the purpose of designing, constructing and maintaining water
treatment systems at bond forfeiture sites. Mined coal would also be
subject to an additional tax of $0.07 or a total tax of $0.144 per ton.
The combined tax rate of $0.144 will yield approximately $10.7 million
in additional revenue for bond forfeiture reclamation, including water
treatment, during this 12-month period. The tax is payalabe by all coal
operators mining coal in West Virginia, regardless of size.
Small Business Regulatory Enforcement Fairness Act
Based upon the above analysis and discussion, we have determined
that 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,
[[Page 33888]]
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: May 22, 2008.
Thomas D. Shope,
Regional Director, Applachian Region.
0
For the reasons set out in the preamble, 30 CFR part 948 is amended as
set forth below:
PART 948--WEST VIRGINIA
0
1. The authority citation for part 948 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
2. Section 948.15 is amended by adding a new entry to the table in
chronological order by ``Date of publication of final rule'' to read as
follows:
Sec. 948.15 Approval of West Virginia regulatory program amendments.
* * * * *
------------------------------------------------------------------------
Date of Citation/description
Original amendment submission publication of of approved
date final rule provisions
------------------------------------------------------------------------
* * * * * * *
April 17, 2008................ June 16, 2008.... W. Va. Code 22-3-
11(g)
(interim approval),
11(h)(1)
(interim approval).
------------------------------------------------------------------------
[FR Doc. E8-13456 Filed 6-13-08; 8:45 am]
BILLING CODE 4310-05-P
