44924 Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Proposed Rules

listed in this document would be

removed subsequently from the Order.

The FAA has determined that this

proposed regulation only involves an

established body of technical

regulations for which frequent and

routine amendments are necessary to

keep them operationally current.

Therefore this, proposed regulation: (1)

Is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3)

does not warrant preparation of a

Regulatory Evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that will only affect air

traffic procedures and air navigation, it

is certified that this proposed rule will

not have a significant economic impact

on a substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me, the Federal

Aviation Administration proposes to

amend part 71 of the Federal Aviation

Regulations (14 CFR part 71) as follows:

PART 71—[AMENDED]

1. The authority citation for part 71

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR 1959–

1963 Comp., p. 389.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of Federal Aviation

Administration Order 7400.9D, Airspace

Designations and Reporting Points,

dated September 4, 1996, and effective

September 16, 1996, is amended as

follows:

Paragraph 6002 The Class E airspace areas

designated as a surface area for an airport.

* * * * *

AGL WI E2 Minocqua-Woodruff, WI

[Removed]

* * * * *

Issued in Des Plaines, Illinois on July 29,

1997.

Maureen Woods,

Manager, Air Traffic Division.

[FR Doc. 97–22498 Filed 8–22–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 946

[VA–110–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.

SUMMARY: OSM is announcing receipt of

a proposed amendment to the Virginia

regulatory program (hereinafter referred

to as the Virginia program) under the

Surface Mining Control Reclamation Act

of 1977 (SMCRA). The proposed

amendment changes the Virginia Coal

Surface Mining Control and

Reclamation Act to add ‘‘letter of credit’’

as an acceptable form of collateral bond

to satisfy the performance bonding

requirements of the Virginia Act. The

amendment is intended to revise the

State program to be consistent with the

Federal regulations.

DATES: Written comments must be

received by 4:00 p.m., on September 24,

1997. If requested, a public hearing on

the proposed amendment will be held

on September 19, 1997. Requests to

speak at the hearing must be received by

4:00 p.m., on September 9, 1997.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to Mr.

Robert A. Penn, Director, Big Stone Gap

Field Office at the first address listed

below.

Copies of the Virginia program, the

proposed amendment, a listing of any

scheduled public hearings, and all

written comments received in response

to this document will be available for

public review at the addresses listed

below during normal business hours,

Monday through Friday, excluding

holidays. Each requestor may receive

one free copy of the proposed

amendment by contacting OSM’s Big

Stone Gap Field Office.

Office of Surface Mining Reclamation

and Enforcement, Big Stone Gap Field

Office, 1941 Neeley Road, Suite 201,

Compartment 116, Big Stone Gap,

Virginia 24219, Telephone: (703) 523–

4303, or

Virginia Division of Mined Land

Reclamation, P.O. Drawer 900, Big

Stone Gap, Virginia 24219,

Telephone: (703) 523–8100.

FOR FURTHER INFORMATION CONTACT: Mr.

Robert A. Penn, Director, Big Stone Gap

Field Office, Telephone: (703) 523–

4303.

SUPPLEMENTARY INFORMATION:

I. Background on the Virginia Program

On December 15, 1981, the Secretary

of the Interior conditionally approved

the Virginia program. Background

information on the Virginia program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the December 15, 1981, Federal Register

(46 FR 61085–61115). Subsequent

actions concerning the conditions of

approval and program amendments can

be found at 30 CFR 946.12, 946.13,

946.15, and 946.16.

II. Discussion of the Proposed

Amendment

By letter dated July 31, 1997

(Administrative Record No. VA–921),

the Virginia Department of Mines,

Minerals and Energy (DMME) stated

that the Virginia legislature has

amended, effective July 1, 1997, the

Virginia Coal Surface Mining Control

and Reclamation Act at Section 45.1–

241(c). The amendment adds ‘‘letter of

credit’’ as an acceptable form of

collateral bond that the DMME may

accept to satisfy the performance

bonding requirements of the Virginia

Act.

The amended statute specifies

qualifying criteria that are intended to

be effectively consistent with the letter

of credit criteria contained in the

Federal regulations at 30 CFR 800.21(b).

The amendment also imposes

conditions upon a letter of credit that

are intended to be consistent with the

Federal regulations at 30 CFR 800.16.

The proposed amendments are as

follows:

Section 45.1–241(c) is amended by

adding the following language to the

existing language:

The Director may also accept a letter of

credit on certain designated funds issued by

a financial institution authorized to do

business in the United States. Each letter of

credit can only be issued up to the amount

which can be insured by the FDIC. Any letter

of credit issued by a non-Virginia lending

institution shall be confirmed by an

approved Virginia lending institution. The

letters of credit shall be irrevocable,

unconditional, shall be payable to the

Department upon demand, and shall afford to

the Department protection equivalent to a

corporate surety’s bond. The issuer of the

letter of credit shall give prompt notice to the

permittee and the Department of any notice

received or action filed alleging the

insolvency or bankruptcy of the issuer, or

alleging any violations of regulatory

requirements which could result in

suspension or revocation of the issuer’s
Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Proposed Rules 44925

charter or license to do business. In the event

the issuer becomes unable to fulfill its

obligations under the letter of credit for any

reason, the issuer shall immediately notify

the permittee and the Department. Upon the

incapacity of an issuer by a reason of

bankruptcy, insolvency or suspension or

revocation of its charter or license, the

permittee shall be deemed to be without

proper performance bond coverage and shall

promptly notify the Department, and the

Department shall then issue a notice to the

permittee specifying a reasonable period,

which shall not exceed ninety days, to

replace the bond coverage. If an adequate

bond is not posted by the end of the period

allowed, the permittee shall cease coal

extraction and coal processing operations

and shall immediately begin to conduct

reclamation operations in accordance with

the reclamation plan. Coal extraction and

coal processing operations shall not resume

until the Department has determined that an

acceptable bond has been posted. If an

acceptable bond has not been posted by the

end of the period allowed, the Department

may suspend the permit until acceptable

bond is posted. The letter of credit shall be

provided on the form and format established

by the Director. Nothing herein shall relieve

the permittee of responsibility under the

permit or the issuer of liability on the letter

of credit.

III. Public Comment Procedures

In accordance with the provisions of

30 CFR 732.17(h), OSM is now seeking

comment on whether the amendments

proposed by Virginia satisfy the

applicable program approval criteria of

30 CFR 732.15. If the amendments are

deemed adequate, they will become part

of the Virginia program.

Written Comments

Written comments should be specific,

pertain only to the issues proposed in

this rulemaking, and include

explanations in support of the

commenter’s recommendations.

Comments received after the time

indicated under DATES or at locations

other than the Big Stone Gap Field

Office will not necessarily be

considered in the final rulemaking or

included in the Administrative Record.

Public Hearing

Persons wishing to comment at the

public hearing should contact the

person listed under FOR FURTHER

INFORMATION CONTACT by close of

business on September 9, 1997. If no

one requests an opportunity to comment

at a public hearing, the hearing will not

be held.

Filing of a written statement at the

time of the hearing is requested as it

will greatly assist the transcriber.

Submission of written statements in

advance of the hearing will allow OSM

officials to prepare adequate responses

and appropriate questions.

The public hearing will continue on

the specified date until all persons

scheduled to comment have been heard.

Persons in the audience who have not

been scheduled to comment, and who

wish to do so, will be heard following

those scheduled. The hearing will end

after all persons scheduled to comment

and persons present in the audience

who wish to comment have been heard.

Public Meeting

If only one person requests an

opportunity to comment at a hearing, a

public meeting, rather than a public

hearing, may be held. Persons wishing

to meet with OSM representatives to

discuss the proposed amendments may

request a meeting at the Big Stone Gap

Field Office by contacting the person

listed under FOR FURTHER INFORMATION

CONTACT. All such meetings will be

open to the public and, if possible,

notices of meetings will be posted in

advance at the locations listed under

ADDRESSES. A written summary of each

public meeting will be made part of the

Administrative Record.

Any disabled individual who has

need for a special accommodation to

attend a public hearing should contact

the individual listed under FOR FURTHER

INFORMATION CONTACT.

IV. Procedural Determinations

Executive Order 12866

This rule is exempted from review by

the Office of Management and Budget

(OMB) under Executive Order 12866

(Regulatory Planning and Review).

Executive Order 12988

The Department of the Interior has

conducted the reviews required by

section 3 of Executive Order 12988

(Civil Justice Reform) and has

determined that, to the extent allowed

by law, this rule meets the applicable

standards of subsection (a) and (b) of

that section. However, these standards

are not applicable to the actual language

of State regulatory programs and

program amendments since each such

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 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.

National Environmental Policy Act

No environmental impact statement is

required for this rule since 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 rules 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 has

determined 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.

Accordingly, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented by the State. 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.

Unfunded Mandates

This rule will not impose a cost of

$100 million or more in any given year

on any governmental entity or the

private sector.

List of Subjects in 30 CFR Part 946

Intergovernmental relations, Surface

mining, Underground mining.

Dated: August 8, 1997.

Allen D. Klein,

Regional Director, Appalachian Regional

Coordinating Center.

[FR Doc. 97–22415 Filed 8–22–97; 8:45 am]

BILLING CODE 4310–05–M