82 FR 16010 - Virginia Regulatory Program
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement Federal Register Volume 82, Issue 61 (March 31, 2017)
Office of Surface Mining Reclamation and Enforcement
Federal Register Volume 82, Issue 61 (March 31, 2017)
| Page Range | 16010-16012 | |
| FR Document | 2017-06397 |
[Federal Register Volume 82, Number 61 (Friday, March 31, 2017)] [Proposed Rules] [Pages 16010-16012] From the Federal Register Online [www.thefederalregister.org] [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: http://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: [email protected]. 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: [email protected]. FOR FURTHER INFORMATION CONTACT: Mr. William Winters, Field Office Director, Knoxville Field Office. Telephone: (865) 545-4103 ext 170. Email: [email protected]. 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 [[Page 16012]] 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
![16010 Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Proposed Rules
Electronic or Written Comments present in the audience who wish to DEPARTMENT OF THE INTERIOR
If you submit written or electronic speak, have been heard.
Office of Surface Mining Reclamation
comments on the proposed rule during Public Meeting and Enforcement
the 30-day comment period, they should
be specific, confined to issues pertinent If only one person requests an
30 CFR Part 946
to the proposed regulations, and explain opportunity to speak, we may hold a
the reason for any recommended public meeting rather than a public [SATS No. VA–128–FOR; Docket ID: OSM–
change(s). We appreciate any and all hearing. If you wish to meet with us to 2016–0007; S1D1S SS08011000 SX066A00
comments, but those most useful and discuss the amendment, please request 178S180110; S2D2D SS08011000 SX066A00
likely to influence decisions on the final 17XS501520]
a meeting by contacting the person
regulations will be those that either listed under FOR FURTHER INFORMATION Virginia Regulatory Program
involve personal experience or include CONTACT. All such meetings are open to
citations to and analyses of SMCRA, its the public and, if possible, we will post AGENCY: Office of Surface Mining
legislative history, its implementing notices of meetings at the locations Reclamation and Enforcement, Interior.
regulations, case law, other pertinent listed under ADDRESSES. We will make ACTION: Proposed rule; public comment
State or Federal laws or regulations, a written summary of each meeting a period and opportunity for public
technical literature, or other relevant part of the administrative record. hearing on proposed amendment.
publications.
We cannot ensure that comments IV. Procedural Determinations SUMMARY: We, the Office of Surface
received after the close of the comment Mining Reclamation and Enforcement
period (see DATES) or sent to an address Executive Order 12866—Regulatory (OSMRE), are announcing receipt of a
other than those listed above (see Planning and Review proposed amendment to the Virginia
ADDRESSES) will be included in the regulatory program (the Virginia
This rulemaking is exempted from program) under the Surface Mining
docket for this rulemaking and review by the Office of Management and
considered. Control and Reclamation Act of 1977
Budget (OMB) under Executive Order (SMCRA or the Act). Through this
Public Availability of Comments 12866. proposed amendment, Virginia seeks to
Before including your address, phone Other Laws and Executive Orders revise its program regulations to require
number, email address, or other Affecting Rulemaking Virginia to enter permit information into
personal identifying information in your the Applicant Violator System (AVS)
comment, you should be aware that When a State submits a program database upon receipt of a complete
your entire comment, including your amendment to OSMRE for review, our permit application and require Virginia
personal identifying information, may regulations at 30 CFR 732.17(h) require to conduct a final compliance review
be made publicly available at any time. us to publish a notice in the Federal between the application approval and
While you can ask us in your comment Register indicating receipt of the permit issuance.
to withhold your personal identifying proposed amendment, its text or a This document gives the times and
information from public review, we summary of its terms, and an locations that the Virginia program and
cannot guarantee that we will be able to opportunity for public comment. We this proposed amendment to that
do so. conclude our review of the proposed program are available for your
amendment after the close of the public inspection, the comment period during
Public Hearing which you may submit written
comment period and determine whether
If you wish to speak at the public comments on the amendment, and the
the amendment should be approved,
hearing, contact the person listed under procedures that we will follow for the
approved in part, or not approved. At public hearing; if one is requested.
FOR FURTHER INFORMATION CONTACT by
that time, we will also make the
4:00 p.m., m.d.t. on April 17, 2017. If DATES: We will accept written
you are disabled and need reasonable determinations and certifications
comments on this amendment until 4:00
accommodations to attend a public required by the various laws and
p.m., Eastern Standard Time (e.s.t.),
hearing, contact the person listed under executive orders governing the May 1, 2017. If requested, we will hold
FOR FURTHER INFORMATION CONTACT. We rulemaking process and include them in a public hearing on the amendment on
will arrange the location and time of the the final rule. April 25, 2017. We will accept requests
hearing with those persons requesting List of Subjects in 30 CFR Part 934 to speak at a hearing until 4:00 p.m.,
the hearing. If no one requests an e.s.t. on April 17, 2017.
opportunity to speak, we will not hold Intergovernmental relations, Surface ADDRESSES: You may submit comments,
the hearing. mining, Underground mining. identified by SATS No. VA–128–FOR,
To assist the transcriber and ensure an Dated: March 22, 2017. by any of the following methods:
accurate record, we request, if possible, • Mail/Hand Delivery: Mr. William
that each person who speaks at the David Berry,
Winters, Acting Field Office Director,
public hearing provide us with a written Regional Director, Western Region. Knoxville Field Office, Office of Surface
copy of his or her comments. The public [FR Doc. 2017–06396 Filed 3–30–17; 8:45 am] Mining Reclamation and Enforcement,
hearing will continue on the specified 710 Locust Street, 2nd Floor, Knoxville,
sradovich on DSK3GMQ082PROD with PROPOSALS
BILLING CODE 4310–05–P
date until everyone scheduled to speak Tennessee 37902.
has been given an opportunity to be • Fax: 865–545–4111.
heard. If you are in the audience and • Federal eRulemaking Portal: http://
have not been scheduled to speak and www.regulations.gov. Follow the
wish to do so, you will be allowed to instructions for submitting comments.
speak after those who have been Instructions: All submissions received
scheduled. We will end the hearing after must include the agency name and
everyone scheduled to speak and others docket number for this rulemaking. For
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![16012 Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Proposed Rules
cannot guarantee that we will be able to the amendment should be approved, email Lieutenant Junior Grade, John
do so. approved in part, or not approved. At Mack, Chief of Waterways Management,
that time, we will also make the Marine Safety Unit Duluth, U.S. Coast
Public Hearing
determinations and certifications Guard; telephone 218–725–3818, email
If you wish to speak at the public required by the various laws and John.V.Mack@uscg.mil.
hearing, contact the person listed under executive orders governing the SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT by rulemaking process and include them in
4:00 p.m., e.s.t. on April 17, 2017. If you the final rule. I. Table of Abbreviations
are disabled and need reasonable CFR Code of Federal Regulations
accommodations to attend a public List of Subjects in 30 CFR Part 946
COTP Captain of the Port
hearing, contact the person listed under Intergovernmental relations, Surface DHS Department of Homeland Security
FOR FURTHER INFORMATION CONTACT. We mining, Underground mining. FR Federal Register
will arrange the location and time of the Dated: March 22, 2017.
NPRM Notice of proposed rulemaking
hearing with those persons requesting § Section
Thomas D. Shope, U.S.C. United States Code
the hearing. If no one requests an
opportunity to speak, we will not hold Regional Director, Appalachian Region.
II. Background, Purpose, and Legal
a hearing. [FR Doc. 2017–06397 Filed 3–30–17; 8:45 am]
Basis
To assist the transcriber and ensure an BILLING CODE 4310–05–P
accurate record, we request, if possible, On May 31, 2013 the Coast Guard
that each person who speaks at the published an NPRM in the Federal
public hearing provide us with a written DEPARTMENT OF HOMELAND Register (78 FR 32608) entitled
copy of his or her comments. The public SECURITY ‘‘Recurring Events in the Captain of the
hearing will continue on the specified Port Duluth Zone.’’ The NPRM
date until everyone scheduled to speak Coast Guard proposed to establish 8 permanent
has been given an opportunity to be safety zones for annually recurring
heard. If you are in the audience and 33 CFR Part 165 events in the Captain of the Port Duluth
have not been scheduled to speak and Zone under § 165.943. The NPRM was
[Docket Number USCG–2017–0171]
wish to do so, you will be allowed to open for comment for 30 days.
speak after those who have been RIN 1625–AA00 On August 12, 2013 the Coast Guard
scheduled. We will end the hearing after published the Final Rule in the Federal
everyone scheduled to speak, and others Safety Zones; Recurring Events in Register (78 FR 48802) after receiving
present in the audience who wish to Captain of the Port Duluth Zone no comments on the NPRM. Through
speak, have been heard. AGENCY: Coast Guard, DHS. this proposed rule, the Coast Guard
seeks to update § 165.943.
Public Meeting ACTION: Notice of proposed rulemaking.
If only one person requests an III. Discussion of Proposed Rule
SUMMARY: The Coast Guard proposes to
opportunity to speak, we may hold a amend its safety zones regulations for The Coast Guard is issuing this rule
public meeting rather than a public annual events in the Captain of the Port under authority in 33 U.S.C. 1231. The
hearing. If you wish to meet with us to Duluth Zone. This final rule would Captain of the Port Duluth (COTP) has
discuss the amendment, please request update the locations for seven safety determined that an amendment to the
a meeting by contacting the person zones, add two new safety zones, recurring events list as published in 33
listed under FOR FURTHER INFORMATION increase the safety zone radius of six CFR 165.943 will be necessary to:
CONTACT. All such meetings are open to existing fireworks events, and modify Update the location of seven existing
the public and, if possible, we will post the format of the regulation to list the safety zones (Bridgefest Regatta
notices of meetings at the locations annual events and corresponding safety Fireworks Display, Cornucopia 4th of
listed under ADDRESSES. We will make zones in table form. These proposed July Fireworks Display, Duluth 4th Fest
a written summary of each meeting a amendments will protect spectators, Fireworks Display, LaPointe 4th of July
part of the administrative record. participants, and vessels from the Fireworks Display, Point to LaPointe
IV. Procedural Determinations hazards associated with annual marine Swim, Lake Superior Dragon Boat
events and improve the clarity and Festival, Superior Man Triathlon), add
Executive Order 12866—Regulatory readability of the regulation. two new safety zones (City of Bayfield
Planning and Review 4th of July Fireworks Display & Two
DATES: Comments and related material
This rule is exempted from review by Harbors 4th of July Fireworks Display),
must be received by the Coast Guard on
the Office of Management and Budget increase the safety zone radius of six
or before May 1, 2017.
(OMB) under Executive Order 12866. fireworks events (Bridgefest Regatta
ADDRESSES: You may submit comments
Fireworks Display, Ashland 4th of July
Other Laws and Executive Orders identified by docket number USCG– Fireworks Display, Cornucopia 4th of
Affecting Rulemaking 2017–0171 using the Federal July Fireworks Display, LaPointe 4th of
When a State submits a program eRulemaking Portal at http:// July Fireworks Display, Lake Superior
amendment to OSMRE for review, our www.regulations.gov. Type the docket Dragon Boat Festival), and format the
regulations at 30 CFR 732.17(h) require number (USCG–2017–0171) in the existing regulations into a table format.
sradovich on DSK3GMQ082PROD with PROPOSALS
us to publish a notice in the Federal ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ The purpose of this rule is to ensure
Register indicating receipt of the See the ‘‘Public Participation and safety of vessels and the navigable
proposed amendment, its text or a Request for Comments’’ portion of the waters in the safety zone before, during,
summary of its terms, and an SUPPLEMENTARY INFORMATION section for
and after the scheduled event and to
opportunity for public comment. We further instructions on submitting improve the overall clarity and
conclude our review of the proposed comments. readability of the rule.
amendment after the close of the public FOR FURTHER INFORMATION CONTACT: If The amendments to this proposed
comment period and determine whether you have questions on this rule, call or rule are necessary to ensure the safety
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Document Created: 2017-03-31 01:38:04
Document Modified: 2017-03-31 01:38:04
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule; public comment period and opportunity for public hearing on proposed amendment. | |
| 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. | |
| Contact | Mr. William Winters, Field Office Director, Knoxville Field Office. Telephone: (865) 545-4103 ext 170. Email: [email protected] | |
| FR Citation | 82 FR 16010 | |
| CFR Associated | Intergovernmental Relations; Surface Mining and Underground Mining |
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