West Virginia Regulatory Program, 13853-13855 [2019-06826]

Download as PDF 13853 Federal Register / Vol. 84, No. 67 / Monday, April 8, 2019 / Proposed Rules implemented (or maintain) the systems and processes required to handle 5F– ADB, 5F–AMB, 5F–APINACA, ADB– FUBINACA, MDMB–CHMICA or MDMB–FUBINACA. Therefore, the DEA anticipates that this proposed rule will impose minimal or no economic impact on any affected entities; and thus, will not have a significant economic impact on any of the 14 affected small entities. Therefore, the DEA has concluded that this proposed rule will not have a significant effect on a substantial number of small entities. Unfunded Mandates Reform Act of 1995 In accordance with the Unfunded Mandates Reform Act (UMRA) of 1995, 2 U.S.C. 1501 et seq., the DEA has determined and certifies that this action would not result in any Federal mandate that may result ‘‘in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted for inflation) in any one year * * *.’’ Therefore, neither a Small Government Agency Plan nor any other action is required under UMRA of 1995. Reporting and recordkeeping requirements. Paperwork Reduction Act of 1995 This action does not impose a new collection of information under the Paperwork Reduction Act of 1995. 44 U.S.C. 3501–3521. This action would not impose recordkeeping or reporting requirements on State or local governments, individuals, businesses, or organizations. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. PART 1308—SCHEDULES OF CONTROLLED SUBSTANCES List of Subjects in 21 CFR Part 1308 Administrative practice and procedure, Drug traffic control, For the reasons set out above, the DEA proposes to amend 21 CFR part 1308 as follows: 1. The authority citation for 21 CFR part 1308 continues to read as follows: ■ Authority: 21 U.S.C. 811, 812, 871(b), 956(b) unless otherwise noted. 2. In § 1308.11, add paragraphs (d)(73) through (78) and remove and reserve paragraphs (h)(6) through (11) to read as follows: ■ § 1308.11 * Schedule I. * * (d) * * * * * (73) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate (Other names: 5F–ADB; 5F–MDMB– PINACA). ............................................................................................................................................................................................. (74) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate (Other names: 5F–AMB) ................................. (75) N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (Other names: 5F–APINACA, 5F–AKB48) ..................... (76) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (Other names: ADB– FUBINACA) ......................................................................................................................................................................................... (77) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate (Other names: MDMB–CHMICA, MMB–CHMINACA) ............................................................................................................................................................................ (78) methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate (Other names: MDMB–FUBINACA) ....... * * * * * Dated: April 2, 2019. Uttam Dhillon, Acting Administrator. [FR Doc. 2019–06853 Filed 4–5–19; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 948 [WV–125–FOR; Docket ID: OSMRE–2017– 0003 S1D1S SS08011000 SX064A000 190S180110; S2D2S SS08011000 SX064A000 19XS501520] West Virginia Regulatory Program Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Proposed rule with public comment period and opportunity for public hearing on proposed amendment. jbell on DSK30RV082PROD with PROPOSALS AGENCY: We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the West Virginia regulatory program (the West Virginia program) under the Surface Mining Control and Reclamation Act of SUMMARY: VerDate Sep<11>2014 16:27 Apr 05, 2019 Jkt 247001 1977 (SMCRA or the Act). On May 3, 2017, West Virginia Department of Environmental Protection (WVDEP) submitted a program amendment to OSMRE to modify its pre-blasting survey requirements, bond release and bonding requirements, and to modify disbursements from the Water Reclamation Trust Fund. This document gives the times and locations that the West Virginia program and this proposed amendment 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 Daylight Time (e.d.t.), May 8, 2019. If requested, we will hold a public hearing on the amendment on May 3, 2019. We will accept requests to speak at a hearing until 4:00 p.m., e.d.t. on April 23, 2019. ADDRESSES: You may submit written comments, identified by WV–125–FOR; OSM–2017–0003, by any of the following methods: • Mail/Hand Delivery: Mr. Roger W. Calhoun, Director, Charleston Field Office Office of Surface Mining Reclamation and Enforcement, 1027 PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 7034 7033 7049 7010 7042 7020 Virginia Street, East Charleston, West Virginia 25301 • Fax: (304) 347–7170. • Federal eRulemaking Portal: The amendment has been assigned the Docket ID OSM–2017–0003. If you would like to submit comments go to https://www.regulations.gov. Follow the instructions for submitting comments. Instructions: All submissions received must include the agency name and docket ID for this rulemaking. For 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 West 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 Charleston Field Office or the full text of the program amendment is available for you to read at www.regulations.gov. Charleston Field Office, Office of Surface Mining Reclamation and E:\FR\FM\08APP1.SGM 08APP1 13854 Federal Register / Vol. 84, No. 67 / Monday, April 8, 2019 / Proposed Rules Enforcement, 1027 Virginia Street, East, Charleston, West Virginia 25301, Email: 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: Morgantown Area Office, Office of Surface Mining Reclamation and Enforcement, 604 Cheat Road, Suite 150, Morgantown, West Virginia 26508, Telephone: (304) 291–4004 (By Appointment Only). Beckley Area Office, Office of Surface Mining Reclamation and Enforcement, 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. Email: chfo@osmre.gov. SUPPLEMENTARY INFORMATION: I. Background on the West Virginia Program II. Description and Submission of the Proposed Amendment III. Public Comment Procedures IV. Procedural Determinations jbell on DSK30RV082PROD with PROPOSALS 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, 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 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 the West Virginia program and program amendments at 30 CFR 948.10, 948.12, 948.13, 948.15, and 948.16. II. Description of the Proposed Amendment By letter (Administrative Record No. 1608) dated May 3, 2017, the West Virginia Department of Environmental Protection (WVDEP) sent us an VerDate Sep<11>2014 16:27 Apr 05, 2019 Jkt 247001 amendment to its program under SMCRA (30 U.S.C. 1201 et seq.). The full text of the program amendment is available for you to read at the locations listed above under ADDRESSES. Enrolled Senate Bill 687 seeks to modify bond releases and bonding requirements and to modify the requirements for how money is to be paid from the Special Reclamation Water Trust Fund to assure a reliable source of capital and operating expenses for the treatment of discharges from bond-forfeited sites. Senate Bill 687 was adopted by the West Virginia Legislature on April 8, 2017, and approved by the Governor on April 26, 2017. These changes cannot take effect for the purposes of the State program until approved as an amendment by OSMRE pursuant to 30 CFR 732.17(g). WVDEP requests that we approve the following changes to the approved State program: 1. W.VA. Code 22–3–11(g)(1) and (g)(2)— Bonds; amount and method of bonding; bonding requirements; special reclamation tax and funds; prohibited acts; period of bond liability. The State seeks to continue the Special Reclamation Fund and, at subsection (g)(1), allow moneys in the Special Reclamation Water Trust Fund to be used to assure a reliable source of capital and operating expenses for the treatment of water discharges from forfeited sites where the Secretary has obtained or applied for an NPDES permit. At revised subsection (g)(2), the State proposes to delete provisions that require the Secretary to 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 fund is jeopardized. In addition, the State proposes to delete the provision that provides 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. This proposed revision falls under the Federal provisions at 30 CFR 800.11(e) and section 509(c) of SMCRA. 2. W.VA. Code 22–3–11(g)(3)(A)—Bonds; amount and method of bonding; bonding requirements; special reclamation tax and funds; prohibited acts; period of bond liability. Previously, subsection 22–3–11(g)(2) was revised by the State to provide a tax credit to any mine operator who performs reclamation or remediation at a bond forfeiture site within the State. Under the proposed amendment, former subsection (g)(2)(A) was renumbered (g)(3)(A) to allow for the revision of (g)(2). 3. W.VA. Code 22–3–23(c) and (i)—Release of bond or deposits; application; notice; duties of Secretary; public hearings; final maps on grade release. PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 WVDEP proposes to amend subsection 23(c) by adding new bond release requirements at subdivisions (2) and (3). Subdivision (2) provides that the bond or deposit in whole or in part, may be released after revegetation has been established on the regraded mined lands in accordance with the approved reclamation plan. When determining the amount of bond to be released after successful revegetation has been established, the Secretary shall retain that amount of bond for the revegetated area which would be sufficient for a third party to cover the cost of reestablishing revegetation and for the period specified for operator responsibility in section thirteen of this article. This revision also includes specific provisions with respect to when the bond can be released and under what circumstances. Subdivision (3) provides that when the operator has successfully completed all surface coal mining and reclamation activities, the remaining portion of the bond may be released, but not before the expiration of the period specified for operator responsibility in section thirteen of this article provided that no bond shall be fully released until all reclamation requirements are complied with. The State proposes to delete the requirement of the minimum $10,000 bond after grading, seeding, fertilizing, irrigation, and other associated reclamation activities. Also included in this proposed revision are provisions relating to conditions that have to be met prior to the Secretary releasing all or part of the bond. Finally, WVDEP proposed to add subdivision (i) to its bonding requirements which authorizes the Secretary to propose rules for legislative approval during the 2018 regular session of the Legislature in accordance with the provisions of article three, chapter twenty-nine-a of the code and revisions to the Legislative Rule entitled West Virginia Surface Mining Reclamation Rule, Title 38, Series 2 of the West Virginia Code of State Rules, to implement the revisions to this article made during the 2017 legislative session. In addition, the Secretary is to specifically consider the adoption of corresponding federal standards codified at 30 C. F. R. 700 et. seq. These revisions fall under the Federal bond release requirements at 30 CFR 800.11, 800.13, 800.14, 800.15, 800.16, 800.17, 800.30 and 800.40 and sections 509 and 519 of SMCRA. 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. Electronic or Written Comments If you submit written or electronic comments on the proposed rule, they should be specific, confined to issues pertinent to the proposed regulations, and explain the reason for any E:\FR\FM\08APP1.SGM 08APP1 jbell on DSK30RV082PROD with PROPOSALS Federal Register / Vol. 84, No. 67 / Monday, April 8, 2019 / Proposed Rules 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. 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. 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. 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. 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.d.t. on April 23, 2019. 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 VerDate Sep<11>2014 16:27 Apr 05, 2019 Jkt 247001 IV. Procedural Determinations Executive Order 12866—Regulatory Planning and Review Pursuant to Office of Management and Budget (OMB) Guidance dated October 12, 1993, the approval of state program amendments is exempted from OMB review under Executive Order 12866. List of Subjects in 30 CFR Part 948 Intergovernmental relations, Surface mining, Underground mining. Dated: October 11, 2018. Thomas D. Shope, Regional Director, Appalachian Region. [FR Doc. 2019–06826 Filed 4–5–19; 8:45 am] 13855 The Department of Defense (DoD) proposes an amendment to the TRICARE regulation. Specifically, this proposed rule will allow coverage of otherwise authorized physical therapy (PT), occupational therapy (OT), and speech therapy (ST) for TRICARE beneficiaries when such services are prescribed by an authorized TRICARE Allied Health Professional acting within the scope of their license. DATES: Written comments received at the address indicated below by June 7, 2019 will be accepted. ADDRESSES: You may submit comments, identified by docket number and/or Regulatory Information Number (RIN) number and title, by either of the following methods: • Federal eRulemaking Portal: www.regulations.gov. Follow the instructions for submitting comments. • Mail: Department of Defense, Office of the Chief Management Officer, Directorate for Oversight and Compliance, Regulatory and Advisory Committee Division, 4800 Mark Center Drive, Mailbox #24, Suite 08D09, Alexandria, VA 22350–1700. Instructions: All submissions received must include the agency name and docket number or RIN for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the internet at https:// www.regulations.gov as they are received without change, including any personal identifiers or contact information. SUMMARY: FOR FURTHER INFORMATION CONTACT: Amber Butterfield, Defense Health Agency, TRICARE Health Plan, Medical Benefits and Reimbursement Division, (303) 676–3565. SUPPLEMENTARY INFORMATION: BILLING CODE 4310–05–P I. Executive Summary and Overview A. Purpose of the Regulatory Action DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 199 [Docket ID: DOD–2017–HA–0058] RIN 0720–AB71 TRICARE: Prescribing of Physical Therapy, Occupational Therapy, and Speech Therapy by Other Allied Health Professionals Acting Within the Scope of Their License Office of the Secretary, Department of Defense. ACTION: Proposed rule. AGENCY: PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 This proposed rule will permit coverage of services prescribed by TRICARE-authorized individual allied health professionals for PT, OT, and ST. The current language of Title 32 Code of Federal Regulations (CFR), § 199.4(c)(3)(x) states that PT, OT, and ST may be cost-shared when services are prescribed and monitored by a physician, certified physician assistant, or certified nurse practitioner. In addition, 32 CFR 199.6(c)(3)(iii)(K)(2) currently states that the services of other individual paramedical providers, such as licensed registered PT, OT, and ST, can be considered for benefits on a feefor-service basis only if the beneficiary E:\FR\FM\08APP1.SGM 08APP1

Agencies

[Federal Register Volume 84, Number 67 (Monday, April 8, 2019)]
[Proposed Rules]
[Pages 13853-13855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06826]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 948

[WV-125-FOR; Docket ID: OSMRE-2017-0003 S1D1S SS08011000 SX064A000 
190S180110; S2D2S SS08011000 SX064A000 19XS501520]


West Virginia Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Proposed rule with 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 West 
Virginia regulatory program (the West Virginia program) under the 
Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). 
On May 3, 2017, West Virginia Department of Environmental Protection 
(WVDEP) submitted a program amendment to OSMRE to modify its pre-
blasting survey requirements, bond release and bonding requirements, 
and to modify disbursements from the Water Reclamation Trust Fund.
    This document gives the times and locations that the West Virginia 
program and this proposed amendment 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 Daylight Time (e.d.t.), May 8, 2019. If requested, we 
will hold a public hearing on the amendment on May 3, 2019. We will 
accept requests to speak at a hearing until 4:00 p.m., e.d.t. on April 
23, 2019.

ADDRESSES: You may submit written comments, identified by WV-125-FOR; 
OSM-2017-0003, by any of the following methods:
     Mail/Hand Delivery: Mr. Roger W. Calhoun, Director, 
Charleston Field Office Office of Surface Mining Reclamation and 
Enforcement, 1027 Virginia Street, East Charleston, West Virginia 25301
     Fax: (304) 347-7170.
     Federal eRulemaking Portal: The amendment has been 
assigned the Docket ID OSM-2017-0003. If you would like to submit 
comments go to https://www.regulations.gov. Follow the instructions for 
submitting comments.
    Instructions: All submissions received must include the agency name 
and docket ID for this rulemaking. For 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 West 
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 Charleston 
Field Office or the full text of the program amendment is available for 
you to read at www.regulations.gov.
    Charleston Field Office, Office of Surface Mining Reclamation and

[[Page 13854]]

Enforcement, 1027 Virginia Street, East, Charleston, West Virginia 
25301, Email: [email protected].
    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:
    Morgantown Area Office, Office of Surface Mining Reclamation and 
Enforcement, 604 Cheat Road, Suite 150, Morgantown, West Virginia 
26508, Telephone: (304) 291-4004 (By Appointment Only).
    Beckley Area Office, Office of Surface Mining Reclamation and 
Enforcement, 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. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the West Virginia Program
II. Description and Submission of the Proposed Amendment
III. Public Comment Procedures
IV. 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, 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 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 the West Virginia 
program and program amendments at 30 CFR 948.10, 948.12, 948.13, 
948.15, and 948.16.

II. Description of the Proposed Amendment

    By letter (Administrative Record No. 1608) dated May 3, 2017, the 
West Virginia Department of Environmental Protection (WVDEP) sent us an 
amendment to its program under SMCRA (30 U.S.C. 1201 et seq.). The full 
text of the program amendment is available for you to read at the 
locations listed above under ADDRESSES.
    Enrolled Senate Bill 687 seeks to modify bond releases and bonding 
requirements and to modify the requirements for how money is to be paid 
from the Special Reclamation Water Trust Fund to assure a reliable 
source of capital and operating expenses for the treatment of 
discharges from bond-forfeited sites. Senate Bill 687 was adopted by 
the West Virginia Legislature on April 8, 2017, and approved by the 
Governor on April 26, 2017. These changes cannot take effect for the 
purposes of the State program until approved as an amendment by OSMRE 
pursuant to 30 CFR 732.17(g). WVDEP requests that we approve the 
following changes to the approved State program:

    1. W.VA. Code 22-3-11(g)(1) and (g)(2)--Bonds; amount and method 
of bonding; bonding requirements; special reclamation tax and funds; 
prohibited acts; period of bond liability.
    The State seeks to continue the Special Reclamation Fund and, at 
subsection (g)(1), allow moneys in the Special Reclamation Water 
Trust Fund to be used to assure a reliable source of capital and 
operating expenses for the treatment of water discharges from 
forfeited sites where the Secretary has obtained or applied for an 
NPDES permit.
    At revised subsection (g)(2), the State proposes to delete 
provisions that require the Secretary to 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 
fund is jeopardized. In addition, the State proposes to delete the 
provision that provides 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.
    This proposed revision falls under the Federal provisions at 30 
CFR 800.11(e) and section 509(c) of SMCRA.
    2. W.VA. Code 22-3-11(g)(3)(A)--Bonds; amount and method of 
bonding; bonding requirements; special reclamation tax and funds; 
prohibited acts; period of bond liability.
    Previously, subsection 22-3-11(g)(2) was revised by the State to 
provide a tax credit to any mine operator who performs reclamation 
or remediation at a bond forfeiture site within the State. Under the 
proposed amendment, former subsection (g)(2)(A) was renumbered 
(g)(3)(A) to allow for the revision of (g)(2).
    3. W.VA. Code 22-3-23(c) and (i)--Release of bond or deposits; 
application; notice; duties of Secretary; public hearings; final 
maps on grade release.
    WVDEP proposes to amend subsection 23(c) by adding new bond 
release requirements at subdivisions (2) and (3). Subdivision (2) 
provides that the bond or deposit in whole or in part, may be 
released after revegetation has been established on the regraded 
mined lands in accordance with the approved reclamation plan. When 
determining the amount of bond to be released after successful 
revegetation has been established, the Secretary shall retain that 
amount of bond for the revegetated area which would be sufficient 
for a third party to cover the cost of reestablishing revegetation 
and for the period specified for operator responsibility in section 
thirteen of this article. This revision also includes specific 
provisions with respect to when the bond can be released and under 
what circumstances.
    Subdivision (3) provides that when the operator has successfully 
completed all surface coal mining and reclamation activities, the 
remaining portion of the bond may be released, but not before the 
expiration of the period specified for operator responsibility in 
section thirteen of this article provided that no bond shall be 
fully released until all reclamation requirements are complied with.
    The State proposes to delete the requirement of the minimum 
$10,000 bond after grading, seeding, fertilizing, irrigation, and 
other associated reclamation activities. Also included in this 
proposed revision are provisions relating to conditions that have to 
be met prior to the Secretary releasing all or part of the bond.
    Finally, WVDEP proposed to add subdivision (i) to its bonding 
requirements which authorizes the Secretary to propose rules for 
legislative approval during the 2018 regular session of the 
Legislature in accordance with the provisions of article three, 
chapter twenty-nine-a of the code and revisions to the Legislative 
Rule entitled West Virginia Surface Mining Reclamation Rule, Title 
38, Series 2 of the West Virginia Code of State Rules, to implement 
the revisions to this article made during the 2017 legislative 
session. In addition, the Secretary is to specifically consider the 
adoption of corresponding federal standards codified at 30 C. F. R. 
700 et. seq.
    These revisions fall under the Federal bond release requirements 
at 30 CFR 800.11, 800.13, 800.14, 800.15, 800.16, 800.17, 800.30 and 
800.40 and sections 509 and 519 of SMCRA.

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.

Electronic or Written Comments

    If you submit written or electronic comments on the proposed rule, 
they should be specific, confined to issues pertinent to the proposed 
regulations, and explain the reason for any

[[Page 13855]]

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 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.d.t. on 
April 23, 2019. 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

    Pursuant to Office of Management and Budget (OMB) Guidance dated 
October 12, 1993, the approval of state program amendments is exempted 
from OMB review 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 948

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: October 11, 2018.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. 2019-06826 Filed 4-5-19; 8:45 am]
 BILLING CODE 4310-05-P