Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Proposed Rules 17449 

initial certification is 3 days on-site and 

$ 9,000. Re-certification is required biannually at an estimated annual cost of 

$3,000. 

Executive Order 13132 (Federalism) 

The FHWA analyzed this proposed 

amendment in accordance with the 

principles and criteria contained in 

Executive Order 13132, dated August 4, 

1999, and the FHWA has determined 

that this proposed action would not 

have a substantial direct effect or 

sufficient federalism implications on 

States and local governments that would 

limit the policy making discretion of the 

States and local governments. 

Unfunded Mandates Reform Act 

This proposed rule would not impose 

unfunded mandates as defined by the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4, March 22, 1995; 109 

Stat. 48). This proposed rule will not 

result in the expenditure by State, local, 

and tribal governments, in the aggregate, 

or by the private sector, of $128.1 

million or more in any one year (2 

U.S.C. 1532). 

Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995 (PRA) (44 U.S.C. 3501, et seq.), 

Federal agencies must obtain approval 

from the Office of Management and 

Budget (OMB) for each collection of 

information they conduct, sponsor, or 

require through regulations. The FHWA 

has determined that this proposed 

action does not contain a collection of 

information requirement for the 

purposes of the PRA. 

Executive Order 12988 (Civil Justice 

Reform) 

This proposed action meets 

applicable standards in Sections 3(a) 

and 3(b)(2) of Executive Order 12988, 

Civil Justice Reform, to minimize 

litigation, to eliminate ambiguity, and to 

reduce burden. 

Executive Order 13045 (Protection of 

Children) 

The FHWA has analyzed this 

proposed action under Executive Order 

13045, Protection of Children from 

Environmental Health Risks and Safety 

Risks. This is not an economically 

significant proposed action and does not 

concern an environmental risk to health 

or safety that may disproportionately 

affect children. 

Executive Order 12630 (Taking of 

Private Property) 

This proposed action would not affect 

a taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Executive Order 13211 (Energy Effects) 

The FHWA has analyzed this 

proposed action under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that this is not a significant 

energy action under this order because 

it is not a significant regulatory action 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. Therefore, a Statement of Energy 

Effects under Executive Order 13211 is 

not required. 

Executive Order 13175 (Tribal 

Consultation) 

Since none of the existing test 

laboratories are owned, operated, or in 

any way controlled by Indian tribes, the 

FHWA believes that it will not have any 

direct effects on one or more Indian 

tribes; will not impose substantial direct 

compliance costs on Indian tribal 

governments; and will not preempt 

tribal law. Therefore, a tribal summary 

impact statement is not required. 

National Environmental Policy Act 

The agency has analyzed this 

proposed action for the purpose of the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.) and has 

determined that it would not have any 

effect on the quality of the environment. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. This proposed rule 

uses voluntary consensus standards. 

Regulation Identification Number 

A regulation identification number 

(RIN) is assigned to each regulatory 

action listed in the Unified Agenda of 

Federal Regulations. The Regulatory 

Information Service Center publishes 

the Unified Agenda in April and 

October of each year. The RIN contained 

in the heading of this document can be 

used to cross-reference this action with 

the Unified Agenda. 

List of Subjects in 23 CFR Part 637 

Construction inspection and approval; 

Highways and roads. 

Issued on: March 30, 2007. 

J. Richard Capka, 

Federal Highway Administrator. 

In consideration of the foregoing, the 

FHWA proposes to amend, title 23, 

Code of Federal Regulations, part 637, 

as set forth below: 

PART 637—QUALITY ASSURANCE 

PROCEDURES FOR CONSTRUCTION 

1. The authority citation for part 637 

continues to read as follows: 

Authority: Sec. 1307, Pub. L. 105–178, 112 

Stat. 107; 23 U.S.C. 109, 114, and 315; 49 

CFR 1.48(b). 

2. In § 637.209, add paragraph (a)(5) to 

read as follows: 

§ 637.209 Laboratory and sampling and 

testing personnel qualifications 

(a) * * * 

(5) After [insert date two years after 

the date of publication of the final rule 

in the Federal Register], laboratories 

that perform crash testing for acceptance 

of roadside hardware by the FHWA 

shall be accredited by a laboratory 

accreditation body that is recognized by 

the National Laboratory Accreditation 

Cooperation (NACLA), is a signatory to 

the Asia Pacific Laboratory 

Accreditation Cooperation (APLAC) 

Mutual Recognition Arrangement 

(MRA), is a signatory to the 

International Laboratory Accreditation 

Cooperation (ILAC) Mutual Recognition 

Arrangement (MRA), or another 

accreditation body acceptable to FHWA. 

* * * * * 

[FR Doc. E7–6533 Filed 4–6–07; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 946 

[VA–123–FOR] 

Virginia Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement (OSM), 

Interior. 


rwilkins on PROD1PC63 with PROPOSAL
17450 Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Proposed Rules 

ACTION: Proposed rule; public comment 

period and opportunity for public 

hearing on proposed amendment. 

SUMMARY: We are announcing receipt of 

a proposed amendment to the Virginia 

regulatory program under the Surface 

Mining Control and Reclamation Act of 

1977 (SMCRA or the Act). Virginia is 

proposing to revise its remining 

regulations to make three provisions 

permanent by deleting a termination 

date of September 30, 2004, from the 

regulations. The amendments are 

intended to render the State’s 

regulations consistent with recent 

amendments to SMCRA. 

DATES: We will accept written 

comments on this amendment until 4 

p.m. (local time), on May 9, 2007. If 

requested, we will hold a public hearing 

on the amendment on May 4, 2007. We 

will accept requests to speak at a 

hearing until 4 p.m. (local time), on 

April 24, 2007. 

ADDRESSES: You may submit comments, 

identified by VA–123–FOR, by any of 

the following methods: 

• E-mail: tdieringer@osmre.gov. 

Include VA–123–FOR in the subject line 

of the message. 

• Mail/Hand Delivery: Mr. Tim 

Dieringer, Director, Knoxville Field 

Office, Office of Surface Mining 

Reclamation and Enforcement, 1941 

Neeley Road, Suite 201, Compartment 

116, Big Stone Gap, Virginia 24219. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Instructions: All submissions received 

must include the agency docket number 

for this rulemaking. For detailed 

instructions on submitting comments 

and additional information on the 

rulemaking process, see the ‘‘Public 

Comment Procedures’’ heading in the 

SUPPLEMENTARY INFORMATION section of 

this document. You may also request to 

speak at a public hearing by any of the 

methods listed above or by contacting 

the individual listed under FOR FURTHER

INFORMATION CONTACT. 

Docket: You may review copies of the 

Virginia program, this amendment, a 

listing of any scheduled public hearings, 

and all written comments received in 

response to this document at the 

addresses listed below during normal 

business hours, Monday through Friday, 

excluding holidays. You may receive 

one free copy of the amendment by 

contacting OSM’s Big Stone Gap Area 

Office. 

Mr. Tim Dieringer, Director, Knoxville 

Field Office, Office of Surface Mining 

Reclamation and Enforcement, 1941 

Neeley Road, Suite 201, Compartment 

116, Big Stone Gap, Virginia 24219, 

Telephone: (276) 523–4303. E-mail: 

tdieringer@osmre.gov. 

Mr. Leslie S. Vincent, Virginia 

Division of Mined Land Reclamation, 

P. O. Drawer 900, Big Stone Gap, 

Virginia 24219, Telephone: (276) 523–

8100. E-mail: lsv@mme.state.va.us. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Tim Dieringer, Director, Knoxville Field 

Office; Telephone: (276) 523–4303. Email: tdieringer@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Virginia Program 

II. Description of the Proposed Amendment 

III. Public Comment Procedures 

IV. Procedural Determinations 

I. Background on the Virginia Program 

Section 503(a) of the Act permits a 

State to assume primacy for the 

regulation of surface coal mining and 

reclamation operations on non-Federal 

and non-Indian lands within its borders 

by demonstrating that its program 

includes, among other things, ‘‘. . . a 

State law which provides for the 

regulation of surface coal mining and 

reclamation operations in accordance 

with the requirements of the Act . . .; 

and rules and regulations consistent 

with regulations issued by the Secretary 

pursuant to the Act.’’ See 30 U.S.C. 

1253(a)(1) and (7). On the basis of these 

criteria, the Secretary of the Interior 

conditionally approved the Virginia 

program on December 15, 1981. You can 

find background information on the 

Virginia program, including the 

Secretary’s findings, the disposition of 

comments, and conditions of approval 

of the Virginia program in the December 

15, 1981, Federal Register (46 FR 

61088). You can also find later actions 

concerning Virginia’s program and 

program amendments at 30 CFR 946.12, 

946.13, and 946.15. 

II. Description of the Proposed 

Amendment 

By letter dated February 13, 2007 

(Administrative Record Number VA–

1058), the Virginia Department of 

Mines, Minerals and Energy (DMME) 

submitted an amendment to the Virginia 

program. In its letter, the DMME stated 

that the program amendment revises 

Virginia Coal Surface Mining 

Reclamation Regulations to reflect the 

deletion from SMCRA at section 510(e) 

of the termination date of section 510(e) 

of September 30, 2004. 

Section 510 of SMCRA concerns 

permit approval or denial. Subsection 

510(e) provides an exception to the 

prohibition of subsection (c) , which 

prohibits the issuance of a permit where 

any surface coal mining operation 

owned or controlled by an applicant is 

currently in violation of SMCRA or such 

other laws referenced at subsection 

510(c). Prior to being amended by the 

Tax Relief and Health Care Act of 2006, 

subsection 510(e) provided as follows: 

(e) After the date of enactment of this 

subsection, the prohibition of subsection (c) 

shall not apply to a permit application due 

to any violation resulting from an 

unanticipated event or condition at a surface 

coal mining operation on lands eligible for 

remining under a permit held by the person 

making such application. As used in this 

subsection, the term ‘‘violation’’ has the same 

meaning as such term has under subsection 

(c). The authority of this subsection and 

section 515(b)(20)(B) shall terminate on 

September 30, 2004. 

The effect of the deletion of the 

termination date in the quoted 

paragraph above (the entire last 

sentence was deleted) is twofold: (1) To 

make permanent the authority at 

subsection 510(e) of SMCRA to approve 

a permit application for surface coal 

mining and reclamation 

notwithstanding the existence of a 

violation resulting from an 

unanticipated event or condition at the 

site, and (2) to make permanent the twoyear revegetation responsibility period 

for lands eligible for remining at 

subsection 515(b)(20)(B) of SMCRA. 

In the proposed program amendments 

identified below, Virginia is deleting the 

termination date of September 30, 2004, 

from three of its program regulations 

concerning remining. 

1. 4 VAC 25–130–785.25. Lands eligible 

for remining 

This provision is proposed to be 

amended by deleting subsection (c) in 

its entirety. Currently, 4 VAC 25–130–

785.25 provides as follows: 

(a) This section contains permitting 

requirements to implement 4VAC25–130–

773.15(b)(4). Any person who submits a 

permit application to conduct a surface coal 

mining operation on lands eligible for 

remining must comply with this section. 

(b) Any application for a permit under this 

section shall be made according to all 

requirements of this subchapter applicable to 

surface coal mining and reclamation 

operations. In addition, the application shall: 

(1) To the extent not otherwise addressed 

in the permit application, identify potential 

environmental and safety problems related to 

prior mining activity at the site and that 

could be reasonably anticipated to occur. 

This identification shall be based on a due 

diligence investigation which shall include 

visual observations at the site, a record 

review of past mining at the site, and 

environmental sampling tailored to current 

site conditions. 

(2) With regard to potential environmental 

and safety problems referred in subdivision 

(b)(1) of this section, describe the mitigative 

measures that will be taken to ensure that the 

applicable reclamation requirements of this 

chapter can be met. 


rwilkins on PROD1PC63 with PROPOSAL
Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Proposed Rules 17451 

(c) The requirements of this section shall 

not apply after September 30, 2004. 

In its submittal letter, the DMME 

stated that the deletion of subsection (c) 

containing the termination date of 

September 30, 2004, is intended to 

reflect the deletion of that same 

termination date at subsection 510(e) of 

SMCRA. 

2. 4VAC25–130–816.116 and 817.116. 

Revegetation; Standards for Success 

These provisions are proposed to be 

amended by deleting the phrase 

‘‘included in permits issued before 

September 30, 2004, or any renewals 

thereof’’ at the end of the first sentence 

in subparts (c)(2)(ii). Currently, 4 VAC 

25–130–816.116(c) and 817.116(c) 

provide as follows: 

(c) (1) The period of extended 

responsibility for successful revegetation 

shall begin after the last year of augmented 

seeding, fertilizing, irrigation, or other work, 

excluding husbandry practices that are 

approved by the division in accordance with 

subdivision (c)(3) of this section. 

(2) The period of responsibility shall 

continue for a period of not less than: 

(i) Five full years except as provided in 

subdivision (c)(2)(ii) of this section. The 

vegetation parameters identified in 

subsection (b) of this section for grazing land 

or pastureland and cropland shall equal or 

exceed the approved success standard during 

the growing seasons of any two years of the 

responsibility period, except the first year. 

Areas approved for the other uses identified 

in subsection (b) of this section shall equal 

or exceed the applicable success standard 

during the growing season of the last year of 

the responsibility period. 

(ii) Two full years for lands eligible for 

remining included in permits issued before 

September 30, 2004, or any renewals thereof. 

To the extent that the success standards are 

established by subdivision (b)(5) of this 

section, the lands shall equal or exceed the 

standards during the growing season of the 

last year of the responsibility period. 

(3) The division may approve selective 

husbandry practices, excluding augmented 

seeding, fertilization, or irrigation, without 

extending the period of responsibility for 

revegetation success and bond liability, if 

such practices can be expected to continue as 

part of the postmining land use or if 

discontinuance of the practices after the 

liability period expires will not reduce the 

probability of permanent revegetation 

success. Approved practices shall be normal 

conservation practices within the region for 

unmined lands having land uses similar to 

the approved postmining land use of the 

disturbed area, including such practices as 

disease, pest, and vermin control; and any 

pruning, reseeding and/or transplanting 

specifically necessitated by such actions. 

In its submittal letter, the DMME 

stated that the deletion of the September 

30, 2004, termination date at subparts 

(c)(2)(ii) is intended to reflect the 

deletion of that same termination date at 

subsection 510(e) of SMCRA. 

As amended, 4VAC25–130–

816.116(c)(2)(ii) and 817.116(c)(2)(ii) 

provide as follows: 

(ii) Two full years for lands eligible for 

remining. To the extent that the success 

standards are established by subdivision 

(b)(5) of this section, the lands shall equal or 

exceed the standards during the growing 

season of the last year of the responsibility 

period. 

III. Public Comment Procedures 

Under the provisions of 30 CFR 

732.17(h), we are seeking your 

comments on whether the amendment 

satisfies the applicable program 

approval criteria of 30 CFR 732.15. If we 

approve the amendment, it will become 

part of the Virginia program. 

Written Comments 

Send your written or electronic 

comments to OSM at the address given 

above. Your written comments should 

be specific, pertain only to the issues 

proposed in this rulemaking, and 

include explanations in support of your 

recommendations. We may not consider 

or respond to your comments when 

developing the final rule if they are 

received after the close of the comment 

period (see DATES). We will make every 

attempt to log all comments into the 

administrative record, but comments 

delivered to an address other than the 

Big Stone Gap Area Office may not be 

logged in. 

Electronic Comments 

Please submit Internet comments as 

an E-mail or Word file avoiding the use 

of special characters and any form of 

encryption. Please also include Attn: 

SATS NO. VA–123–FOR and your name 

and return address in your Internet 

message. If you do not receive a 

confirmation that we have received your 

Internet message, contact the Big Stone 

Gap Area office at (276) 523–4303. 

Availability of Comments 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Public Hearing 

If you wish to speak at the public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT by 4 

p.m. (local time), on April 24, 2007. If 

you are disabled and need special 

accommodations to attend a public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT. We 

will arrange the location and time of the 

hearing with those persons requesting 

the hearing. If no one requests an 

opportunity to speak, we will not hold 

a hearing. 

To assist the transcriber and ensure an 

accurate record, we request, if possible, 

that each person who speaks at the 

public hearing provide us with a written 

copy of his or her comments. The public 

hearing will continue on the specified 

date until everyone scheduled to speak 

has been given an opportunity to be 

heard. If you are in the audience and 

have not been scheduled to speak and 

wish to do so, you will be allowed to 

speak after those who have been 

scheduled. We will end the hearing after 

everyone scheduled to speak and others 

present in the audience who wish to 

speak, have been heard. 

Public Meeting 

If only one person requests an 

opportunity to speak, we may hold a 

public meeting rather than a public 

hearing. If you wish to meet with us to 

discuss the amendment, please request 

a meeting by contacting the person 

listed under FOR FURTHER INFORMATION

CONTACT. All such meetings will be 

open to the public and, if possible, we 

will post notices of meetings at the 

locations listed under ADDRESSES. We 

will make a written summary of each 

meeting a part of the Administrative 

Record. 

IV. Procedural Determinations 

Executive Order 12630—Takings 

This rule does not have takings 

implications. This determination is 

based on the analysis performed for the 

counterpart Federal regulation. 

Executive Order 12866—Regulatory 

Planning and Review 

This rule is exempt from review by 

the Office of Management and Budget 

under Executive Order 12866. 

Executive Order 12988—Civil Justice 

Reform 

The Department of the Interior has 

conducted the reviews required by 

section 3 of Executive Order 12988 and 

has determined that this rule meets the 

applicable standards of subsections (a) 

and (b) of that section. However, these 

standards are not applicable to the 

actual language of State regulatory 

programs and program amendments 

because each program is drafted and 


rwilkins on PROD1PC63 with PROPOSAL
17452 Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Proposed Rules 

promulgated by a specific State, not by 

OSM. Under sections 503 and 505 of 

SMCRA (30 U.S.C. 1253 and 1255) and 

the Federal regulations at 30 CFR 

730.11, 732.15, and 732.17(h)(10), 

decisions on proposed State regulatory 

programs and program amendments 

submitted by the States must be based 

solely on a determination of whether the 

submittal is consistent with SMCRA and 

its implementing Federal regulations 

and whether the other requirements of 

30 CFR Parts 730, 731, and 732 have 

been met. 

Executive Order 13132—Federalism 

This rule does not have Federalism 

implications. SMCRA delineates the 

roles of the Federal and State 

governments with regard to the 

regulation of surface coal mining and 

reclamation operations. One of the 

purposes of SMCRA is to ‘‘establish a 

nationwide program to protect society 

and the environment from the adverse 

effects of surface coal mining 

operations.’’ Section 503(a)(1) of 

SMCRA requires that State laws 

regulating surface coal mining and 

reclamation operations be ‘‘in 

accordance with’’ the requirements of 

SMCRA, and section 503(a)(7) requires 

that State programs contain rules and 

regulations ‘‘consistent with’’

regulations issued by the Secretary 

pursuant to SMCRA. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

In accordance with Executive Order 

13175, we have evaluated the potential 

effects of this rule on Federallyrecognized Indian tribes and have 

determined that the rule does not have 

substantial direct effects on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

The basis for this determination is our 

decision is on a State regulatory 

program and does not involve a Federal 

regulation involving Indian lands. 

Executive Order 13211—Regulations 

That Significantly Affect The Supply, 

Distribution, Or Use Of Energy 

On May 18, 2001, the President issued 

Executive Order 13211 which requires 

agencies to prepare a Statement of 

Energy Effects for a rule that is (1) 

Considered significant under Executive 

Order 12866, and (2) likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. Because 

this rule is exempt from review under 

Executive Order 12866 and is not 

expected to have a significant adverse 

effect on the supply, distribution, or use 

of energy, a Statement of Energy Effects 

is not required. 

National Environmental Policy Act 

This rule does not require an 

environmental impact statement 

because section 702(d) of SMCRA (30 

U.S.C. 1292(d)) provides that agency 

decisions on proposed State regulatory 

program provisions do not constitute 

major Federal actions within the 

meaning of section 102(2)(C) of the 

National Environmental Policy Act (42 

U.S.C. 4332(2)(C)). 

Paperwork Reduction Act 

This rule does not contain 

information collection requirements that 

require approval by OMB under the 

Paperwork Reduction Act (44 U.S.C. 

3507 et seq.). 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this rule will not have a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). The State submittal, 

which is the subject of this rule, is based 

upon counterpart Federal regulations for 

which an economic analysis was 

prepared and certification made that 

such regulations would not have a 

significant economic effect upon a 

substantial number of small entities. In 

making the determination as to whether 

this rule would have a significant 

economic impact, the Department relied 

upon the data and assumptions for the 

counterpart Federal regulations. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: (a) Does not have an annual 

effect on the economy of $100 million; 

(b) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions; and (c) Does not 

have significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. This 

determination is based upon the 

analysis performed under various laws 

and executive orders for the counterpart 

Federal regulations. 

Unfunded Mandates 

This rule will not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of $100 million or more in any given 

year. This determination is based upon 

the analysis performed under various 

laws and executive orders for the 

counterpart Federal regulations. 

List of Subjects in 30 CFR Part 948 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: March 2, 2007. 

H. Vann Weaver, 

Acting Regional Director, Appalachian 

Region. 

[FR Doc. E7–6577 Filed 4–6–07; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 946 

[VA–124–FOR] 

Virginia Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement (OSM), 

Interior. 

ACTION: Proposed rule; public comment 

period and opportunity for public 

hearing on proposed amendments. 

SUMMARY: We are announcing receipt of 

a proposed amendment to the Virginia 

regulatory program under the Surface 

Mining Control and Reclamation Act of 

1977 (SMCRA or the Act). The program 

amendment revises the Virginia Coal 

Surface Mining Reclamation 

Regulations concerning the distribution 

of topsoil and subsoil materials, 

revegetation standards for success, and 

to allow approval of natural stream 

restoration channel design, as 

developed in consultation with the 

Army Corps of Engineers. 

DATES: We will accept written 

comments on this amendment until 4 

p.m. (local time), on May 9, 2007. If 

requested, we will hold a public hearing 

on the amendment on May 4, 2007. We 

will accept requests to speak at a 

hearing until 4 p.m. (local time), on 

April 24, 2007. 

ADDRESSES: You may submit comments, 

identified by VA–124–FOR, by any of 

the following methods: 

• E-mail: tdieringer@osmre.gov. 

Include VA–124–FOR in the subject line 

of the message. 

• Mail/Hand Delivery: Mr. Tim 

Dieringer, Director, Knoxville Field 

Office, Office of Surface Mining 

Reclamation and Enforcement, 1941 

Neeley Road, Suite 201, Compartment 

116, Big Stone Gap, Virginia 24219. 


rwilkins on PROD1PC63 with PROPOSAL