Virginia Regulatory Program, 16010-16012 [2017-06397]
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16010
Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Proposed Rules
Electronic or Written Comments
If you submit written or electronic
comments on the proposed rule during
the 30-day comment period, they should
be specific, confined to issues pertinent
to the proposed regulations, and explain
the reason for any recommended
change(s). We appreciate any and all
comments, but those most useful and
likely to influence decisions on the final
regulations will be those that either
involve personal experience or include
citations to and analyses of SMCRA, its
legislative history, its implementing
regulations, case law, other pertinent
State or Federal laws or regulations,
technical literature, or other relevant
publications.
We cannot ensure that comments
received after the close of the comment
period (see DATES) or sent to an address
other than those listed above (see
ADDRESSES) will be included in the
docket for this rulemaking and
considered.
Public Availability of Comments
Before including your address, phone
number, email 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.
sradovich on DSK3GMQ082PROD with PROPOSALS
Public Hearing
If you wish to speak at the public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT by
4:00 p.m., m.d.t. on April 17, 2017. If
you are disabled and need reasonable
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
the 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
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16:04 Mar 30, 2017
Jkt 241001
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 are 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 12866—Regulatory
Planning and Review
This rulemaking is exempted from
review by the Office of Management and
Budget (OMB) under Executive Order
12866.
Other Laws and Executive Orders
Affecting Rulemaking
When a State submits a program
amendment to OSMRE for review, our
regulations at 30 CFR 732.17(h) require
us to publish a notice in the Federal
Register indicating receipt of the
proposed amendment, its text or a
summary of its terms, and an
opportunity for public comment. We
conclude our review of the proposed
amendment after the close of the public
comment period and determine whether
the amendment should be approved,
approved in part, or not approved. At
that time, we will also make the
determinations and certifications
required by the various laws and
executive orders governing the
rulemaking process and include them in
the final rule.
List of Subjects in 30 CFR Part 934
Intergovernmental relations, Surface
mining, Underground mining.
Dated: March 22, 2017.
David Berry,
Regional Director, Western Region.
[FR Doc. 2017–06396 Filed 3–30–17; 8:45 am]
BILLING CODE 4310–05–P
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 946
[SATS No. VA–128–FOR; Docket ID: OSM–
2016–0007; S1D1S SS08011000 SX066A00
178S180110; S2D2D SS08011000 SX066A00
17XS501520]
Virginia Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment
period and opportunity for public
hearing on proposed amendment.
AGENCY:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSMRE), are announcing receipt of a
proposed amendment to the Virginia
regulatory program (the Virginia
program) under the Surface Mining
Control and Reclamation Act of 1977
(SMCRA or the Act). Through this
proposed amendment, Virginia seeks to
revise its program regulations to require
Virginia to enter permit information into
the Applicant Violator System (AVS)
database upon receipt of a complete
permit application and require Virginia
to conduct a final compliance review
between the application approval and
permit issuance.
This document gives the times and
locations that the Virginia program and
this proposed amendment to that
program are available for your
inspection, the comment period during
which you may submit written
comments on the amendment, and the
procedures that we will follow for the
public hearing; if one is requested.
DATES: We will accept written
comments on this amendment until 4:00
p.m., Eastern Standard Time (e.s.t.),
May 1, 2017. If requested, we will hold
a public hearing on the amendment on
April 25, 2017. We will accept requests
to speak at a hearing until 4:00 p.m.,
e.s.t. on April 17, 2017.
ADDRESSES: You may submit comments,
identified by SATS No. VA–128–FOR,
by any of the following methods:
• Mail/Hand Delivery: Mr. William
Winters, Acting Field Office Director,
Knoxville Field Office, Office of Surface
Mining Reclamation and Enforcement,
710 Locust Street, 2nd Floor, Knoxville,
Tennessee 37902.
• Fax: 865–545–4111.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. For
SUMMARY:
E:\FR\FM\31MRP1.SGM
31MRP1
Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Proposed Rules
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Comment Procedures’’ heading
of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to
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, you must go to the
address listed below during normal
business hours, Monday through Friday,
excluding holidays. You may receive
one free copy of the amendment by
contacting OSMRE’s Knoxville Field
Office or the full text of the program
amendment is available for you to read
at www.regulations.gov.
Mr. William Winters, Acting Field
Office Director, Knoxville Field Office,
Office of Surface Mining Reclamation
and Enforcement, 710 Locust Street, 2nd
Floor, Knoxville, Tennessee 37902.
Telephone: (865) 545–4103 ext. 170.
Email: bwinters@osmre.gov.
In addition, you may review a copy of
the amendment during regular business
hours at the following location:
Mr. Harve A. Mooney, Legal Services
Officer, Virginia Department of Mines,
Minerals and Energy, 3405 Mountain
Empire Road, Big Stone Gap, Virginia
24219. Telephone: (276) 523–8271.
Email: harve.mooney@
dmme.virginia.gov.
Mr.
William Winters, Field Office Director,
Knoxville Field Office. Telephone: (865)
545–4103 ext 170. Email: bwinters@
osmre.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Background on the Virginia Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
sradovich on DSK3GMQ082PROD with PROPOSALS
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, State laws
and regulations that govern surface coal
mining and reclamation operations in
accordance with the Act and consistent
with the Federal regulations. 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
VerDate Sep<11>2014
16:04 Mar 30, 2017
Jkt 241001
of the Virginia program in the December
15, 1981, Federal Register (46 FR
61088). You can also find later actions
concerning the Virginia program and
program amendments at 30 CFR 946.12,
946.13, and 946.15.
II. Description of the Proposed
Amendment
By letter dated April 29, 2016
(Administrative Record No. VA 2024),
Virginia sent us an amendment to its
program under SMCRA (30 U.S.C. 1201
et seq.).
In 2015, OSMRE conducted an annual
review of the Virginia regulatory
program. OSMRE determined that
Virginia’s regulations required two
additional components regarding the
AVS in order to conform with Federal
regulations at 30 CFR 773.8 and 773.12.
The AVS is an automated information
system owned and operated by OSMRE.
Information on applicants, permittees,
operators, applications and permits as
well as unabated or uncorrected
environmental violations of SMCRA is
maintained in this nationwide database
for OSMRE’s Federal and State
programs. The primary purpose of the
AVS is to assist OSMRE and States in
making permit eligibility determination
required under section 510(c) of SMCRA
for applicants of surface coal mining
permits. Section 510(c) of SMCRA
prohibits issuance of a new permit to
any applicant who owns or controls
mining operations having unabated or
uncorrected violations anywhere in the
United States until those violations are
abated or corrected or are in the process
of being abated or corrected to the
satisfaction of the agency with
jurisdiction over the violation. The data
contained in AVS also assists OSMRE
and States in determining the eligibility
of bidders on Abandoned Mine Land
program contracts under Title IV of
SMCRA. Section 773.8 involves general
provisions for review of permit
application information and entry into
the AVS and section 773.12 involves
permit eligibility determinations.
Accordingly, Virginia now seeks to
amend its State program and is
proposing changes to its State
regulations as summarized below.
A. Virginia proposes to amend its
State program to add provisions to its
Virginia Administrative Code (VAC) at 4
VAC 25–130–773.15(a)(3), Review of
Permit Applications, to require Virginia
to enter permit information into the
Federal AVS system after receiving and
reviewing a complete permit
application. Virginia asserts that this
change is consistent with the Federal
requirements of 30 CFR 773.8.
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16011
B. Virginia proposes to add a
provision to its State program to specify
that the final compliance review
conducted prior to permit issuance shall
occur no more than five business days
before issuance. The regulations at 4
VAC 25–130–773.15(e), Review of
Permit Applications, requires Virginia
to consider any new information
concerning violations and business
structures submitted during the permit
review process. The proposed
amendment would add language to that
section of the code specifying the
maximum period of five business days
between that review and permit
issuance. Virginia asserts that this
change is consistent with the Federal
requirements at 773.12(c).
The full text of the program
amendment is available for you to read
at the locations listed above under
ADDRESSES or at www.regulations.gov.
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 State program.
Electric or Written Comments
If you submit written or electronic
comments on the proposed rule during
the 30-day comment period, they should
be specific, confined to issues pertinent
to the proposed regulations, and explain
the reason for any recommended
change(s). We appreciate any and all
comments, but those most useful and
likely to influence decisions on the final
regulations will be those that either
involve personal experience or include
citations to and analyses of SMCRA, its
legislative history, its implementing
regulations, case law, other pertinent
State or Federal laws or regulations,
technical literature, or other relevant
publications.
We cannot ensure that comments
received after the close of the comment
period (see DATES) or sent to an address
other than those listed (see ADDRESSES)
will be included in the docket for this
rulemaking and considered.
Public Availability of Comments
Before including your address, phone
number, email 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
E:\FR\FM\31MRP1.SGM
31MRP1
16012
Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Proposed Rules
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
4:00 p.m., e.s.t. on April 17, 2017. If you
are disabled and need reasonable
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 are 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
sradovich on DSK3GMQ082PROD with PROPOSALS
Executive Order 12866—Regulatory
Planning and Review
This rule is exempted from review by
the Office of Management and Budget
(OMB) under Executive Order 12866.
Other Laws and Executive Orders
Affecting Rulemaking
When a State submits a program
amendment to OSMRE for review, our
regulations at 30 CFR 732.17(h) require
us to publish a notice in the Federal
Register indicating receipt of the
proposed amendment, its text or a
summary of its terms, and an
opportunity for public comment. We
conclude our review of the proposed
amendment after the close of the public
comment period and determine whether
VerDate Sep<11>2014
16:04 Mar 30, 2017
Jkt 241001
the amendment should be approved,
approved in part, or not approved. At
that time, we will also make the
determinations and certifications
required by the various laws and
executive orders governing the
rulemaking process and include them in
the final rule.
List of Subjects in 30 CFR Part 946
Intergovernmental relations, Surface
mining, Underground mining.
Dated: March 22, 2017.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. 2017–06397 Filed 3–30–17; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0171]
RIN 1625–AA00
Safety Zones; Recurring Events in
Captain of the Port Duluth Zone
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
amend its safety zones regulations for
annual events in the Captain of the Port
Duluth Zone. This final rule would
update the locations for seven safety
zones, add two new safety zones,
increase the safety zone radius of six
existing fireworks events, and modify
the format of the regulation to list the
annual events and corresponding safety
zones in table form. These proposed
amendments will protect spectators,
participants, and vessels from the
hazards associated with annual marine
events and improve the clarity and
readability of the regulation.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 1, 2017.
ADDRESSES: You may submit comments
identified by docket number USCG–
2017–0171 using the Federal
eRulemaking Portal at https://
www.regulations.gov. Type the docket
number (USCG–2017–0171) in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
If
you have questions on this rule, call or
FOR FURTHER INFORMATION CONTACT:
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email Lieutenant Junior Grade, John
Mack, Chief of Waterways Management,
Marine Safety Unit Duluth, U.S. Coast
Guard; telephone 218–725–3818, email
John.V.Mack@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On May 31, 2013 the Coast Guard
published an NPRM in the Federal
Register (78 FR 32608) entitled
‘‘Recurring Events in the Captain of the
Port Duluth Zone.’’ The NPRM
proposed to establish 8 permanent
safety zones for annually recurring
events in the Captain of the Port Duluth
Zone under § 165.943. The NPRM was
open for comment for 30 days.
On August 12, 2013 the Coast Guard
published the Final Rule in the Federal
Register (78 FR 48802) after receiving
no comments on the NPRM. Through
this proposed rule, the Coast Guard
seeks to update § 165.943.
III. Discussion of Proposed Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Duluth (COTP) has
determined that an amendment to the
recurring events list as published in 33
CFR 165.943 will be necessary to:
Update the location of seven existing
safety zones (Bridgefest Regatta
Fireworks Display, Cornucopia 4th of
July Fireworks Display, Duluth 4th Fest
Fireworks Display, LaPointe 4th of July
Fireworks Display, Point to LaPointe
Swim, Lake Superior Dragon Boat
Festival, Superior Man Triathlon), add
two new safety zones (City of Bayfield
4th of July Fireworks Display & Two
Harbors 4th of July Fireworks Display),
increase the safety zone radius of six
fireworks events (Bridgefest Regatta
Fireworks Display, Ashland 4th of July
Fireworks Display, Cornucopia 4th of
July Fireworks Display, LaPointe 4th of
July Fireworks Display, Lake Superior
Dragon Boat Festival), and format the
existing regulations into a table format.
The purpose of this rule is to ensure
safety of vessels and the navigable
waters in the safety zone before, during,
and after the scheduled event and to
improve the overall clarity and
readability of the rule.
The amendments to this proposed
rule are necessary to ensure the safety
E:\FR\FM\31MRP1.SGM
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Agencies
[Federal Register Volume 82, Number 61 (Friday, March 31, 2017)]
[Proposed Rules]
[Pages 16010-16012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06397]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 946
[SATS No. VA-128-FOR; Docket ID: OSM-2016-0007; S1D1S SS08011000
SX066A00 178S180110; S2D2D SS08011000 SX066A00 17XS501520]
Virginia Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are announcing receipt of a proposed amendment to the Virginia
regulatory program (the Virginia program) under the Surface Mining
Control and Reclamation Act of 1977 (SMCRA or the Act). Through this
proposed amendment, Virginia seeks to revise its program regulations to
require Virginia to enter permit information into the Applicant
Violator System (AVS) database upon receipt of a complete permit
application and require Virginia to conduct a final compliance review
between the application approval and permit issuance.
This document gives the times and locations that the Virginia
program and this proposed amendment to that program are available for
your inspection, the comment period during which you may submit written
comments on the amendment, and the procedures that we will follow for
the public hearing; if one is requested.
DATES: We will accept written comments on this amendment until 4:00
p.m., Eastern Standard Time (e.s.t.), May 1, 2017. If requested, we
will hold a public hearing on the amendment on April 25, 2017. We will
accept requests to speak at a hearing until 4:00 p.m., e.s.t. on April
17, 2017.
ADDRESSES: You may submit comments, identified by SATS No. VA-128-FOR,
by any of the following methods:
Mail/Hand Delivery: Mr. William Winters, Acting Field
Office Director, Knoxville Field Office, Office of Surface Mining
Reclamation and Enforcement, 710 Locust Street, 2nd Floor, Knoxville,
Tennessee 37902.
Fax: 865-545-4111.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. For
[[Page 16011]]
detailed instructions on submitting comments and additional information
on the rulemaking process, see the ``Public Comment Procedures''
heading of the SUPPLEMENTARY INFORMATION section of this document.
Docket: For access to the docket to 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, you
must go to the address listed below during normal business hours,
Monday through Friday, excluding holidays. You may receive one free
copy of the amendment by contacting OSMRE's Knoxville Field Office or
the full text of the program amendment is available for you to read at
www.regulations.gov.
Mr. William Winters, Acting Field Office Director, Knoxville Field
Office, Office of Surface Mining Reclamation and Enforcement, 710
Locust Street, 2nd Floor, Knoxville, Tennessee 37902. Telephone: (865)
545-4103 ext. 170. Email: bwinters@osmre.gov.
In addition, you may review a copy of the amendment during regular
business hours at the following location:
Mr. Harve A. Mooney, Legal Services Officer, Virginia Department of
Mines, Minerals and Energy, 3405 Mountain Empire Road, Big Stone Gap,
Virginia 24219. Telephone: (276) 523-8271. Email:
harve.mooney@dmme.virginia.gov.
FOR FURTHER INFORMATION CONTACT: Mr. William Winters, Field Office
Director, Knoxville Field Office. Telephone: (865) 545-4103 ext 170.
Email: bwinters@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, State laws and regulations
that govern surface coal mining and reclamation operations in
accordance with the Act and consistent with the Federal regulations.
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 concerning the Virginia program and program amendments at
30 CFR 946.12, 946.13, and 946.15.
II. Description of the Proposed Amendment
By letter dated April 29, 2016 (Administrative Record No. VA 2024),
Virginia sent us an amendment to its program under SMCRA (30 U.S.C.
1201 et seq.).
In 2015, OSMRE conducted an annual review of the Virginia
regulatory program. OSMRE determined that Virginia's regulations
required two additional components regarding the AVS in order to
conform with Federal regulations at 30 CFR 773.8 and 773.12. The AVS is
an automated information system owned and operated by OSMRE.
Information on applicants, permittees, operators, applications and
permits as well as unabated or uncorrected environmental violations of
SMCRA is maintained in this nationwide database for OSMRE's Federal and
State programs. The primary purpose of the AVS is to assist OSMRE and
States in making permit eligibility determination required under
section 510(c) of SMCRA for applicants of surface coal mining permits.
Section 510(c) of SMCRA prohibits issuance of a new permit to any
applicant who owns or controls mining operations having unabated or
uncorrected violations anywhere in the United States until those
violations are abated or corrected or are in the process of being
abated or corrected to the satisfaction of the agency with jurisdiction
over the violation. The data contained in AVS also assists OSMRE and
States in determining the eligibility of bidders on Abandoned Mine Land
program contracts under Title IV of SMCRA. Section 773.8 involves
general provisions for review of permit application information and
entry into the AVS and section 773.12 involves permit eligibility
determinations.
Accordingly, Virginia now seeks to amend its State program and is
proposing changes to its State regulations as summarized below.
A. Virginia proposes to amend its State program to add provisions
to its Virginia Administrative Code (VAC) at 4 VAC 25-130-773.15(a)(3),
Review of Permit Applications, to require Virginia to enter permit
information into the Federal AVS system after receiving and reviewing a
complete permit application. Virginia asserts that this change is
consistent with the Federal requirements of 30 CFR 773.8.
B. Virginia proposes to add a provision to its State program to
specify that the final compliance review conducted prior to permit
issuance shall occur no more than five business days before issuance.
The regulations at 4 VAC 25-130-773.15(e), Review of Permit
Applications, requires Virginia to consider any new information
concerning violations and business structures submitted during the
permit review process. The proposed amendment would add language to
that section of the code specifying the maximum period of five business
days between that review and permit issuance. Virginia asserts that
this change is consistent with the Federal requirements at 773.12(c).
The full text of the program amendment is available for you to read
at the locations listed above under ADDRESSES or at
www.regulations.gov.
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 State program.
Electric or Written Comments
If you submit written or electronic comments on the proposed rule
during the 30-day comment period, they should be specific, confined to
issues pertinent to the proposed regulations, and explain the reason
for any recommended change(s). We appreciate any and all comments, but
those most useful and likely to influence decisions on the final
regulations will be those that either involve personal experience or
include citations to and analyses of SMCRA, its legislative history,
its implementing regulations, case law, other pertinent State or
Federal laws or regulations, technical literature, or other relevant
publications.
We cannot ensure that comments received after the close of the
comment period (see DATES) or sent to an address other than those
listed (see ADDRESSES) will be included in the docket for this
rulemaking and considered.
Public Availability of Comments
Before including your address, phone number, email 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
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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 4:00 p.m., e.s.t. on
April 17, 2017. If you are disabled and need reasonable 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
are 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 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866.
Other Laws and Executive Orders Affecting Rulemaking
When a State submits a program amendment to OSMRE for review, our
regulations at 30 CFR 732.17(h) require us to publish a notice in the
Federal Register indicating receipt of the proposed amendment, its text
or a summary of its terms, and an opportunity for public comment. We
conclude our review of the proposed amendment after the close of the
public comment period and determine whether the amendment should be
approved, approved in part, or not approved. At that time, we will also
make the determinations and certifications required by the various laws
and executive orders governing the rulemaking process and include them
in the final rule.
List of Subjects in 30 CFR Part 946
Intergovernmental relations, Surface mining, Underground mining.
Dated: March 22, 2017.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. 2017-06397 Filed 3-30-17; 8:45 am]
BILLING CODE 4310-05-P