Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Proposed Rules 26329 

modification or rescission. Therefore, 

the Commission solicits comments on, 

among other things, the economic 

impact of and the continuing need for 

the Fuel Economy Guide; possible 

conflict between the Guide and state, 

local or other federal laws; and the 

effect on the Guide of any technological, 

economic, or other industry changes. 

III. Request for Comment 

The Commission solicits comments 

on the following specific questions 

related to the Guide: 

(1) Is there a continuing need for the 

Fuel Economy Guide? Is the Guide 

necessary to prevent unfair and/or 

deceptive practices in advertising for 

new automobiles? Are there any specific 

provisions of the Guide that are no 

longer needed to prevent unfair and/or 

deceptive advertising practices? 

(2) What changes, if any, should be 

made to the Guide to reflect recent 

amendments to EPA’s fuel economy 

testing and labeling requirements? 

(3) What benefits has the Guide 

provided to purchasers of new 

automobiles? Has the Guide imposed 

costs on purchasers? 

(4) What changes, if any, should be 

made to the Guide to increase its 

benefits to purchasers? How would 

these changes affect the costs that the 

Guide imposes on firms who conform to 

its advice? How would these changes 

affect the benefits to purchasers? 

(5) What significant burdens or costs, 

including costs of compliance, has the 

Guide imposed on firms that conform to 

its advice? Are any provisions in the 

Guide duplicative or otherwise 

unnecessary? Are any of the Guide’s 

provisions unnecessarily prescriptive? 

(6) Has the Guide provided benefits to 

firms that conform to its advice? If so, 

what benefits? 

(7) What changes, if any, should be 

made to the Guide to reduce the 

burdens or costs imposed on firms who 

conform to its advice? How would these 

changes affect the benefits provided by 

the Guide? 

(8) Does the Guide overlap or conflict 

with other federal, state, or local laws or 

regulations? 

(9) Since the Guide was issued, what 

effects have changes in relevant 

technology or economic conditions had 

on the Guide? 

(10) Are there any unfair and 

deceptive practices occurring in the 

promotion or advertising of fuel 

economy that are not covered by the 

Guide? If so, what mechanisms should 

be explored to address such practices 

(e.g., consumer education, industry self 

regulation, or revisions to the Guide)? 

List of Subjects in 16 CFR Part 259 

Advertising, Fuel economy, Trade 

practices. 

Authority: 15 U.S.C. 41–58. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. E7–8886 Filed 5–8–07; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 946 

[VA–125–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 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). The program 

amendment revises the Virginia Coal 

Surface Mining Reclamation 

Regulations concerning review of a 

decision not to inspect or enforce. The 

amendment is intended to specify the 

time limit for filing a request for review 

of a decision, and to identify to whom 

a request for review should be filed. 

DATES: We will accept written 

comments on this amendment until 4 

p.m. (local time), on June 8, 2007. If 

requested, we will hold a public hearing 

on the amendment on June 4, 2007. We 

will accept requests to speak at the 

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

24, 2007. 

ADDRESSES: You may submit comments, 

identified by VA–125–FOR, by any of 

the following methods: 

• E-mail: tdieringer@osmre.gov. 

Include VA–125–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 


rmajette on PROD1PC67 with PROPOSALS
26330 Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Proposed Rules 

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 March 12, 2007 

(Administrative Record Number VA–

1063), the Virginia Department of 

Mines, Minerals and Energy (DMME) 

submitted an amendment to the Virginia 

program. The program amendment 

revises the Virginia Administrative 

Code (VAC) at 4 VAC 25–130–842.15(d) 

in order to clarify the process for 

requesting a review of a decision by the 

Division of Mined Land Reclamation 

(DMLR) not to inspect or enforce. The 

revision specifies that a person 

requesting a formal hearing to review a 

decision by DMLR not to inspect or 

enforce must do so within 30 days of 

DMLR’s determination. The revision 

also specifies that the request for formal 

review must be filed with the Director, 

DMLR. 

The following amendment is 

proposed: 

4VAC 25–130–842.15(d). Review of 

decision not to inspect or enforce. 

This provision is proposed to be 

amended at subsection (d) by adding the 

phrase ‘‘within 30 days of the Division’s 

determination’’ to clarify the time limit 

within which a person may request a 

formal hearing to review a decision not 

to inspect or enforce. Subsection (d) is 

also amended to specify that all requests 

for hearings and appeals for review and 

reconsideration be filed with the 

Director, Division of Mined Land 

Reclamation so as to be consistent with 

similar regulations. 

As amended, 4VAC2 5–130–842.15(d) 

provides as follows: 

(d) Any person who requested a review of 

a decision not to inspect or enforce under 

this section and who is or may be adversely 

affected by any determination made under 

Subsection (b) of this section may request 

review of that determination by filing within 

30 days of the division’s determination an 

application for formal review and request for 

hearing under the Virginia Administrative 

Process Act, § 2.2–4000 et seq. of the Code of 

Virginia. All requests for hearing or appeals 

for review and reconsideration made under 

this section shall be filed with the Director, 

Division of Mined Land Reclamation, 

Department of Mines, Minerals and Energy, 

Post Office Drawer 900, Big Stone Gap, 

Virginia 24219. 

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–125-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 May 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 


rmajette on PROD1PC67 with PROPOSALS
Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Proposed Rules 26331 

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 22, 2007. 

H. Vann Weaver, 

Acting Regional Director, Appalachian 

Region. 

[FR Doc. E7–8868 Filed 5–8–07; 8:45 am] 

BILLING CODE 4310–05–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 07–1854; MB Docket No. 07–78; RM–

11366] 

Radio Broadcasting Services; 

Christine, TX 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document requests 

comments on a petition for rule making 

filed by Katherine Pyeatt (‘‘Petitioner’’) 

proposing the allotment of Channel 

245C3 at Christine, Texas, as a first local 

service. The proposed coordinates are 

28–40–00 NL and 98–30–15 WL with a 

site restriction of 13.6 km (8.4 miles) 

south of city reference. 

DATES: Comments must be filed on or 

before June 18, 2007, and reply 

comments on or before July 3, 2007. 

ADDRESSES: Federal Communications 

Commission, 445 Twelfth Street, SW., 

Washington, DC 20554. In addition to 

filing comments with the FCC, 

interested parties should serve the 

Petitioner and her counsel, as follows: 

Katherine Pyeatt, 6655 Aintree Circle, 

Dallas, Texas, 75214 and Gene A. 

Bechtel, Esquire, Law Office of Gene 

Bechtel, 1050 17th Street, NW., Suite 

600, Washington, DC 20036. 

FOR FURTHER INFORMATION CONTACT: 

Helen McLean, Media Bureau, (202) 

418–2738. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

07–78, adopted April 25, 2007, and 

released April 27, 2007. The full text of 

this Commission decision is available 

for inspection and copying during 

normal business hours in the 

Commission’s Reference Information 

Center, 445 Twelfth Street, SW., 

Washington, DC 20554. This document 

may also be purchased from the 

Commission’s duplicating contractors, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 1–

800–378–3160 or www.BCPIWEB.com. 

This document does not contain 

proposed information collection 

requirements subject to the Paperwork 

Reduction Act of 1995, Public Law 104–

13. In addition, therefore, it does not 

contain any proposed information 

collection burden ‘‘for small business 

concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 


rmajette on PROD1PC67 with PROPOSALS