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. 


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• 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–

1059), 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 reflects 

revisions of the Virginia rules to be 

consistent with the Federal rules to 

allow approval of natural stream 

restoration channel design, as 

developed in consultation with the 

Army Corp of Engineers. 

Specifically, the following 

amendments are proposed: 

1. 4VAC 25–130–816.22 and 817.22 

Topsoil and Subsoil 

Subsections (d), concerning 

redistribution of topsoil and subsoil 

materials are proposed to be revised. 

Subsections (d) currently provide as 

follows: 

(d) Redistribution. 

(1) Topsoil materials removed under 

Paragraph (a) of this section shall be 

redistributed in a manner that—

(i) Achieves an approximately uniform, 

stable thickness consistent with the 

approved postmining land use, contours, 

and surface-water drainage systems; 

(ii) Prevents excess compaction of the 

materials; and 

(iii) Protects the materials from wind and 

water erosion before and after seeding 

and planting. 

Subparts (d)(1) are proposed to be 

amended by inserting the words ‘‘and 

substitutes’’ between the word 

‘‘materials’’ and the word ‘‘removed.’’

Also, the phrase ‘‘and (b)’’ is added 

immediately after the phrase ‘‘under 

subpart (a).’’ Subparts (d)(1)(i) are 

amended by adding the word ‘‘when’’

between the word ‘‘thickness’’ and the 

word ‘‘consistent.’’ Also, the following 

sentence is added at the end of subparts 

(d)(1)(i): ‘‘Soil thickness may also be 

varied to the extent such variations help 

meet the specific revegetation goals 

identified in the permit.’’

As amended, 4VAC 25–130–816.22(d) 

and 817.22(d) provide as follows: 

(d) Redistribution. 

(1) Topsoil materials and substitutes removed 

under Paragraphs (a) and (b) of this 

section shall be redistributed in a 

manner that—

(i) Achieves an approximately uniform, 

stable thickness when consistent with 

the approved postmining land use, 

contours, and surface-water drainage 

systems. Soil thickness may also be 

varied to the extent such variations help 

meet the specific revegetation goals 

identified in the permit; 

(ii) Prevents excess compaction of the 

materials; and 

(iii) Protects the materials from wind and 

water erosion before and after seeding 

and planting. 

In its submittal letter, the DMME 

stated that these changes in the Virginia 

rules will ensure they are consistent 

with the corresponding and applicable 

Federal rules at 30 CFR Parts 816 and 

817; see Federal Register Vol. 71, No. 

168, pages 51684 through 51706, which 

became final on August 30, 2006. In that 

Federal Register notice, OSM finalized 

changes to its regulations to improve the 

quality and diversity of revegetation in 

the reclamation of coal mined lands. 

The revised Federal provisions govern 

topsoil redistribution and revegetation 

success standards. 

2. 4VAC25–130–816.43 and 817.43 

Diversions 

Subsections (a), concerning general 

requirements, are proposed to be 

amended by revising subparts (a)(4) and 

deleting subparts (a)(5) in their entirety. 

Currently, subparts (a)(4) and (a)(5) 

provide as follow: 

(a) General requirements. 

* * * * * 

(4) Diversions which convey water 

continuously or frequently shall be lined 

with rock rip rap to at least the normal flow 

depth, including an allowance for freeboard. 

Diversions constructed in competent bedrock 

and portions of channels above normal flow 

depth shall comply with the velocity 

limitations of Paragraph (5) below. 

(5) The maximum permissible velocity for 

the following methods of stabilization are: 

Vegetated channel constructed in soil: 3.5 

feet per second; 

Vegetated channel with jute netting: 5.0 feet 

per second; 

Rock rip rap lined channel: 16.0 feet per 

second; 

Channel constructed in competent bedrock: 

No limit. 

* * * * * 

Subparts (a)(4) are amended by 

deleting the second sentence and by 

revising the first sentence. In the first 

sentence, all the words following the 

phrase ‘‘continuously or frequently shall 

be’’ are deleted and are replaced by the 

words ‘‘designed by a qualified 

registered professional engineer and 

constructed to ensure stability and 

compliance with the standards of this 


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Part and any other criteria set by the 

Division.’’

As amended, 4VAC 25–130–

816.43(a)(4) and 817.43(a)(4) provide as 

follows: 

(4) Diversions which convey water 

continuously or frequently shall be designed 

by a qualified registered professional 

engineer and constructed to ensure stability 

and compliance with the standards of this 

Part and any other criteria set by the 

Division. 

In its submittal letter, the DMME 

stated that these changes to the Virginia 

rules will allow the approval of natural 

stream restoration channel design 

approved by the U.S. Army Corps of 

Engineers and will ensure they are 

consistent with the corresponding and 

applicable Federal rules at 30 CFR Parts 

816 and 817; see Federal Register Vol. 

71, No. 168, pages 51684 through 51706, 

which became final on August 30, 2006. 

In that Federal Register notice, OSM 

finalized changes to its regulations to 

improve the quality and diversity of 

revegetation in the reclamation of coal 

mined lands. The Federal provisions 

govern topsoil redistribution and 

revegetation success standards. 

3. 4VAC25–130–816.116 and 817.116 

Revegetation; Standards for Success 

Subsections (a), concerning ground 

cover, production, or stocking, are 

proposed to be amended by revising 

subpart (a)(2). Subsections (b), 

concerning standards for success, are 

proposed to be amended by revising 

subparts (b)(3)(v)(C). Currently, subparts 

(a)(2) and (b)(3)(v)(C) provide as follows: 

(a) Success of revegetation shall be judged 

on the effectiveness of the vegetation for the 

approved postmining land use, the extent of 

cover compared to the cover occurring in 

natural vegetation of the area, and the general 

requirements of 4VAC25–130–816.111. 

(1) Statistically valid sampling techniques 

shall be used for measuring success. 

(2) Ground cover, production, or stocking 

shall be considered equal to the approved 

success standard when they are not less than 

90% of the success standard. The sampling 

techniques for measuring success shall use a 

90% statistical confidence interval (i.e., onesided test with a 0.10 alpha error). Sampling 

techniques for measuring woody plant 

stocking, ground cover, and production shall 

be in accordance with techniques approved 

by the division. 

* * * * * 

(b) Standards for success shall be applied 

in accordance with the approved postmining 

land use and, at a minimum, the following 

conditions: 

* * * * * 

(3) For areas to be developed for fish and 

wildlife habitat, recreation, shelter belts, or 

forest products, success of vegetation shall be 

determined on the basis of tree and shrub 

stocking and vegetative ground cover. Such 

parameters are described as follows: 

* * * * * 

(v) Where woody plants are used for 

wildlife management, recreation, shelter 

belts, or forest uses other than commercial 

forest land: 

(A) The stocking of trees, shrubs, halfshrubs and the ground cover established on 

the revegetated area shall approximate the 

stocking and ground cover on the 

surrounding unmined area and shall utilize 

local and regional recommendations 

regarding species composition, spacing and 

planting arrangement; 

(B) Areas planted only in herbaceous 

species shall sustain a vegetative ground 

cover of 90%; 

(C) Areas planted with a mixture of 

herbaceous and woody species shall sustain 

a herbaceous vegetative ground cover of 90% 

and an average of 400 woody plants per acre. 

At least 40 of the woody plants for each acre 

shall be wildlife food-producing shrubs 

located suitably for wildlife enhancement, 

which may be distributed or clustered on the 

area. 

* * * * * 

Subparts (a)(2) are amended by 

deleting the existing ‘‘90%’’ success 

standard and replacing that standard 

with a ‘‘70%’’ success standard. In 

addition, the following phrase is added 

to the end of the first sentence: ‘‘except 

as provided by (b) of this section.’’ Also, 

the following parenthetical sentence is 

deleted: ‘‘The sampling techniques for 

measuring success shall use a 90% 

statistical confidence interval (i.e., onesided test with a 0.10 alpha error.’’

Subparts (b)(3)(v)(C) are amended by 

deleting the ‘‘90%’’ success standard 

and replacing that standard with a 

‘‘70%’’ success standard. 

As amended, 4VAC 25–130–816/ 

817.116(a)(2) and (b)(3)(v)(C) provide as 

follows: 

(a) Success of revegetation shall be judged 

on the effectiveness of the vegetation for the 

approved postmining land use, the extent of 

cover compared to the cover occurring in 

natural vegetation of the area, and the general 

requirements of 4VAC25–130–816.111. 

(1) Statistically valid sampling techniques 

shall be used for measuring success. 

(2) Ground cover, production, or stocking 

shall be considered equal to the approved 

success standard when they are not less than 

70% of the success standard, except as 

provided by (b) of this section. Sampling 

techniques for measuring woody plant 

stocking, ground cover, and production shall 

be in accordance with techniques approved 

by the division. 

* * * * * 

(b) Standards for success shall be applied 

in accordance with the approved postmining 

land use and, at a minimum, the following 

conditions: 

* * * * * 

(3) For areas to be developed for fish and 

wildlife habitat, recreation, shelter belts, or 

forest products, success of vegetation shall be 

determined on the basis of tree and shrub 

stocking and vegetative ground cover. Such 

parameters are described as follows: 

* * * * * 

(v) Where woody plants are used for 

wildlife management, recreation, shelter 

belts, or forest uses other than commercial 

forest land: 

(A) The stocking of trees, shrubs, halfshrubs and the ground cover established on 

the revegetated area shall approximate the 

stocking and ground cover on the 

surrounding unmined area and shall utilize 

local and regional recommendations 

regarding species composition, spacing and 

planting arrangement; 

(B) Areas planted only in herbaceous 

species shall sustain a vegetative ground 

cover of 90%; 

(C) Areas planted with a mixture of 

herbaceous and woody species shall sustain 

a herbaceous vegetative ground cover of 70% 

and an average of 400 woody plants per acre. 

At least 40 of the woody plants for each acre 

shall be wildlife food-producing shrubs 

located suitably for wildlife enhancement, 

which may be distributed or clustered on the 

area. 

* * * * * 

In its submittal letter, the DMME 

stated that these changes in the Virginia 

rules will ensure they are consistent 

with the corresponding and applicable 

Federal rules at 30 CFR Parts 816 and 

817; see Federal Register Vol. 71, No. 

168, pages 51684 through 51706, which 

became final on August 30, 2006. In that 

Federal Register notice, OSM finalized 

changes to its regulations to improve the 

quality and diversity of revegetation in 

the reclamation of coal mined lands. 

The revisions govern topsoil 

redistribution and revegetation success 

standards. 

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 


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Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Proposed Rules 17455 

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–124–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 

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 


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17456 Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Proposed Rules 

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. E7–6578 Filed 4–6–07; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD05–07–029] 

RIN 1625–AA08 

Special Local Regulation for Marine 

Events; Roanoke River, Plymouth, 

North Carolina 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish special local regulations 

during the ‘‘Plymouth Drag Boat Race 

Series’’, a series of power boat races to 

be held on the waters of the Roanoke 

River, Plymouth, North Carolina. These 

special local regulations are necessary to 

provide for the safety of life on 

navigable waters during the event. This 

action is intended to restrict vessel 

traffic in portions of the Roanoke River 

adjacent to Plymouth, North Carolina 

during the power boat race. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

May 9, 2007. 

ADDRESSES: You may mail comments 

and related material to Commander 

(dpi), Fifth Coast Guard District, 431 

Crawford Street, Portsmouth, Virginia, 

23704–5004, hand deliver them to room 

415 at the same address between 9 a.m. 

and 2 p.m., Monday through Friday, 

except Federal holidays, fax them to 

(757) 391–8149, or e-mail them to 

Dennis.M.Sens@uscg.mil. The 

Inspections and Investigations Branch, 

Fifth Coast Guard District, maintains the 

public docket for this rulemaking. 

Comments and material received from 

the public, as well as documents 

indicated in this preamble as being 

available in the docket, will become part 

of this docket and will be available for 

inspection or copying at the Federal 

Building, Fifth Coast Guard District 

between 9 a.m. and 2 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

CWO Christopher Humphrey, 

Prevention Department, Sector North 

Carolina, at (252) 247–4525 or via e-mail 

to Christopher.D.Humphrey@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking [CCGD05–07–029], 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know they reached us, please enclose 

a stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period. We may change 

this proposed rule in view of them. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to the address 

under ADDRESSES explaining why one 

would be beneficial. If we determine 

that one would aid this rulemaking, we 

will hold one at a time and place 

announced by a later notice in the 

Federal Register. 

Background and Purpose 

The Outboard Drag Boat Association 

will be sponsoring a series of seven (7) 

power boat racing events titled the 

‘‘Plymouth Drag Boat Race’’. The power 

boat races will be held on the following 

dates: June 24, July 22, August 11, 12, 

19, September 30 and October 21, 2007. 

The races will be held on the Roanoke 

River immediately adjacent to 

Plymouth, North Carolina. The power 

boat races will consist of approximately 

(30) vessels conducting high speed 

straight line runs along the river and 

parallel with the shoreline. A fleet of 

spectator vessels are expected to gather 

near the event site to view the 

competition. To provide for the safety of 

participants, spectators and other 

transiting vessels, the Coast Guard will 

temporarily restrict vessel traffic in the 

event area during the power boat races. 

Discussion of Proposed Rule 

The Coast Guard proposes to establish 

special local regulations on specified 

waters of the Roanoke River, in the 

vicinity of Plymouth, NC. The regulated 

area includes a section of the Roanoke 

River approximately one mile long and 

bounded in width by each shoreline, 

immediately adjacent to Plymouth, NC. 

The effect of this regulation would be to 

restrict general navigation in the 

regulated area during the drag boat 

races. This special local regulation will 

be enforced from 10 a.m. to 8:30 p.m. on 

June 24, July 22, August 11, 12, 19, 

September 30 and October 21, 2007. 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel may enter or remain 

in the regulated area. Non-participating 

vessels will be allowed to transit the 

regulated area between races, when the 

Coast Guard Patrol Commander 

determines it is safe to do so. This 

regulation is needed to control vessel 

traffic during the event to enhance the 

safety of participants, spectators and 

transiting vessels. 

Regulatory Evaluation 

This proposed rule is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of that Order. The Office 

of Management and Budget has not 

reviewed it under that Order. 


rwilkins on PROD1PC63 with PROPOSAL