17806 Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Proposed Rules 

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 

that is the subject of this rule is based 

on 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 governmental 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 fact 

that the state submittal, which is the 

subject of this rule, is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the federal 

regulation was not considered a major 

rule. 

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 on the 

analysis performed under various laws 

and executive orders for the counterpart 

Federal regulations. 

List of Subjects in 30 CFR Part 935 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: February 24, 2009. 

Thomas D. Shope, 

Appalachian Regional Director. 

[FR Doc. E9–8885 Filed 4–16–09; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 946 

[VA–126–FOR; Docket ID OSM–2008–0012] 

Virginia Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement (OSM), 

Interior. 

ACTION: Proposed rule; reopening of 

public comment period. 

SUMMARY: We are reopening the public 

comment period on a proposed 

amendment to the Virginia regulatory 

program under the Surface Mining 

Control and Reclamation Act of 1977 

(SMCRA or the Act). Since the close of 

the comment period, Virginia revised its 

regulations pertaining to Valid Existing 

Rights (VER) and made other minor 

wording and organizational changes. 

Virginia intends to revise its program to 

be consistent with the corresponding 

Federal regulations and SMCRA and is 

responding, in part, to 30 CFR Part 732 

letters. 

DATES: We will accept written 

comments until 4 p.m., local time, May 

4, 2009. 

ADDRESSES: You may submit comments, 

identified by ‘‘VA–126–FOR/OSM– 

2008–0012’’ by any of the following 

methods: 

• E-mail: ebandy@osmre.gov. 

• Mail/Hand Delivery: Earl Bandy, 

Knoxville Field Office, Office of Surface 

Mining Reclamation and Enforcement, 

710 Locust Street, 2nd Floor, Knoxville, 

Tennessee 37902, Telephone: (865) 545– 

4103. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. The proposed rule 

has been assigned Docket ID OSM– 

2008–0012. If you would like to submit 

comments through the Federal 

eRulemaking Portal, go to http:// 

www.regulations.gov and do the 

following. Click on the ‘‘Advanced 

Docket Search’’ button on the right side 

of the screen. Type in the Docket ID 

OSM–2008–0012 and click the 

‘‘Submit’’ button at the bottom of the 

page. The next screen will display the 

Docket Search Results for the 

rulemaking. If you click on OSM–2008– 

0012, you can view the proposed rule 

and submit a comment. You can also 

view supporting material and any 

comments submitted by others. 

Instructions: All submissions received 

must include the agency docket number 

‘‘OSM–2008–0012/VA–126–FOR’’ for 

this rulemaking. For detailed 

instructions on submitting comments 

and additional information on the 

rulemaking process, see the ‘‘Public 

Comment Procedures’’ section in 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 submission, a 

listing of any scheduled public hearings, 

and all written comments received in 

response to this document at OSM’s 

Knoxville Field Office at the address 

listed above during normal business 

hours, Monday through Friday, 

excluding holidays. You may receive 

one free copy of the submission by 

contacting OSM’s Knoxville Field 

Office. In addition, you may receive a 

copy of the submission during regular 

business hours at the following location: 

Virginia Department of Mines, Minerals, 

and Energy, 3405 Mountain Empire 

Road, Big Stone Gap, Virginia 24219, 

Telephone: Legal Services Officer (276) 

523–8157. 

FOR FURTHER INFORMATION CONTACT: Earl 

Bandy, Telephone: (865) 545–4103. email: ebandy@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Virginia Program 

II. Description of the Submission 

III. Public Comment Procedures 

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 this Act * * * and 

rules and regulations consistent with 

regulations issued by the Secretary 

pursuant to this 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. 


dwashington3 on PROD1PC60 with PROPOSALS
Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Proposed Rules 17807 

II. Description of the Submission 

By letter dated June 11, 2008, the 

Virginia Department of Mines, Minerals, 

and Energy (DMME) sent us an informal 

proposed amendment to its program for 

a pre-submission review (VA–126–INF). 

We reviewed the pre-submission and 

responded to the DMME, with 

comments, via electronic mail on July 2, 

2008. By letter dated July 17, 2008, the 

DMME formally submitted the proposed 

amendments to its program 

(Administrative Record No. VA–1089). 

We announced receipt of the 

amendment in the August 29, 2008, 

Federal Register (73 FR 50915). 

OSM’s review of the July 17, 2008, 

submittal identified several issues that 

we presented to the DMME. The first 

discussion occurred by telephone on 

September 4, 2008. As a result of that 

discussion the DMME submitted on the 

same date via electronic mail 

Memorandum #13–86 which specifies 

application processing time limits for 

new permits and revision applications 

(Administrative Record No. VA–1093). 

The complete text of the Memorandum 

can be found at http:// 

www.dmme.virginia.gov/DMLR/docs/ 

operatormemos. A subsequent meeting 

was held on October 16, 2008 

(Administrative Record No. VA–1099). 

In an electronic mail message dated 

October 29, 2008 (Administrative 

Record No. VA–2000), the DMME 

provided its position in response to 

OSM’s comments and agreed to 

expeditiously submit additional 

changes. On November 3, 2008, the 

DMME responded by submitting 

regulation changes via electronic mail 

(Administrative Record No. VA–2001). 

OSM provided additional comments on 

the regulation changes on November 13, 

2008 (Administrative Record No. VA– 

2002), and the DMME responded to 

these comments on November 20, 2008, 

by electronic mail (Administrative 

Record No. VA–2003). The DMME 

proposes the following changes: 

1. 4VAC25–130–700.5 Definitions. 

The corresponding Federal regulation 

for this section is 30 CFR 761.5. The 

DMME proposes to modify the 

definition of Valid Existing Rights 

(VER). As proposed, the definition will 

read as follows (revised text in italics): 

‘‘Valid existing rights’’ means a set of 

circumstances under which a person 

may, subject to Division approval, 

conduct surface coal mining operations 

on lands where Section 45.1–252 D of 

the Act and Section 4VAC25–130– 

761.11 of the regulations would 

otherwise prohibit such operations. The 

possession of valid existing rights only 

confers an exception from the 

prohibitions of Sections 45.1–252 D and 

4VAC25–130–761.11. A person seeking 

to exercise valid existing rights must 

comply with all pertinent requirements 

of the Act and the regulations 

promulgated thereunder, and would 

need: 

(a) Except as provided in subsection 

(c) of this definition, a demonstration of 

the legally binding conveyance, lease, 

deed, contract, or other document 

which vests the person, or predecessor 

in interest, with the right to conduct the 

type of surface coal mining operations 

intended. The right must exist at the 

time the land came under the protection 

of Sections 4VAC25–130–761.11 and 

45.1–252 D. 

2. 4VAC25–130–761.11 Areas where 

mining is prohibited or limited; 

4VAC25–130–761.12 Exception for 

existing operations; 4VAC25–130– 

761.16 Submission and processing of 

requests for valid existing rights 

determinations; 4VAC25–130–772.12

Permit requirements for exploration 

removing more than 250 tons of coal. 

The corresponding Federal 

regulations for the following sections 

are 30 CFR 761.11, 761.12, 761.16, and 

772.12. The DMME proposes to add new 

sections 4VAC25–130–761.12, and 

4VAC25–130–761.16 and revise 

4VAC25–130–761.11 and 4VAC25–130– 

772.12 to read as follows: 

(a) 4VAC25–130–761.11. Areas where 

mining is prohibited or limited. 

(Revised) Delete Paragraph (h) which 

reads as follows: There will be no 

surface coal mining, permitting, 

licensing, or exploration of Federal 

Lands in the National Park System, 

National Wildlife Refuge System, 

National System of Trails, National 

Wilderness Preservation System, Wild 

and Scenic Rivers System, or National 

Recreation Areas, unless called for by 

Acts of Congress. 

(b) 4VAC25–130–761.12 Exception for 

existing operations. (New) The 

prohibitions and limitations of 

4VAC25–130–761.11 do not apply to 

surface coal mining operations for 

which a valid permit, issued under 

Subchapter VG of this chapter, exists 

when the land comes under the 

protection of 4VAC25–130–761.11. This 

exception applies only to lands within 

the permit area as it exists when the 

land comes under the protection of 

4VAC25–130–761.11. 

(c) 4VAC25–130–761.16 Submission 

and processing of requests for valid 

existing rights determinations. (New) 

(a) Basic framework for valid existing 

rights determinations. The table of 30 

CFR 761.16(a) identifies the agency 

responsible for making a valid existing 

rights determination and the definition 

that it must use, based upon which 

subsection of 30 CFR 761.11 or 

4VAC25–130–761.11 applies and 

whether the request includes federal 

lands. 

(b) A request for a valid existing rights 

determination must be submitted to the 

Division, if a person intends to conduct 

surface coal mining operations on the 

basis of valid existing rights under 

4VAC25–130–761.11 or wishes to 

confirm the right to do so. The request 

may be submitted before the person 

prepares and submits an application for 

a permit or boundary revision for the 

land. 

(1) The person must provide a 

property rights demonstration under the 

definition of valid existing rights if the 

request relies upon the ‘‘good faith/all 

permits’’ or the ‘‘needed for and 

adjacent’’ standard set forth in the valid 

existing rights definition in 4VAC25– 

130–700.5. For the land subject to the 

request, the demonstration must 

include: 

(i) A legal description of the land. 

(ii) Complete documentation of the 

character and extent of the person’s 

current interests in the surface and 

mineral estates of the land. 

(iii) A complete chain of title for the 

surface and mineral estates of the land. 

(iv) A description of the nature and 

effect of each title instrument that forms 

the basis for the request, including any 

provision pertaining to the type or 

method of mining or mining-related 

surface disturbances and facilities. 

(v) A description of the type and 

extent of surface coal mining operations 

that the person claims the right to 

conduct, including the method of 

mining, any mining-related surface 

activities and facilities, and an 

explanation of how those operations 

would be consistent with Virginia 

property law. 

(vi) Complete documentation of the 

nature and ownership, as of the date 

that the land came under the protection 

of 4VAC25–130–761.11 or Section 45.1– 

252, of all property rights for the surface 

and mineral estates. 

(vii) Names and addresses of the 

current owners of the surface and 

mineral estates of the land. 

(viii) If the coal interests have been 

severed from other property interests, 

documentation that the person has 

notified and provided reasonable 

opportunity for the owners of other 

property interests in the land to 

comment on the validity of the person’s 

property rights claims. 


dwashington3 on PROD1PC60 with PROPOSALS
17808 Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Proposed Rules 

(ix) Any comments that the person 

receives in response to the notification 

provided under subdivision (b)(1)(viii). 

(2) If the request relies upon the good 

faith/all permits standard in subdivision 

(b)(1) of the valid existing rights 

definition in 4VAC25–130–700.5, in 

addition to the information provided by 

subdivision (b)(1) of this section, the 

person must also submit the information 

about permits, licenses, and 

authorizations for surface coal mining 

operations on the land subject to the 

request that the person or predecessor in 

interest obtained, submitted, or made: 

(i) Approval and issuance dates and 

identification numbers for any permits, 

licenses, and authorizations obtained 

before the land came under the 

protection of 4VAC25–130–761.11 or 

Section 45.1–252. 

(ii) Application dates and 

identification numbers for any permits, 

licenses, and authorizations submitted 

before the land came under the 

protection of 4VAC25–130–761.11 or 

Section 45.1–252. 

(iii) An explanation of any other good 

faith effort made to obtain the necessary 

permits, licenses, and authorizations as 

of the date that the land came under the 

protection of 4VAC25–130–761.11 or 

Section 45.1–252. 

(3) If the request relies upon the 

needed for and adjacent standard in 

subdivision (b)(2) of the valid existing 

rights definition in 4VAC25–130–700.5, 

in addition to the information provided 

by subdivision (b)(1) of this section, the 

person must explain how and why the 

land is needed for and immediately 

adjacent to the operation upon which 

the request is based, including a 

demonstration that prohibiting 

expansion of the operation onto that 

land would unfairly impact the viability 

of the operation as originally planned 

before the land came under the 

protection of 4VAC25–130–761.11 or 

Section 45.1–252. 

(4) If the request relies upon one of 

the standards for roads in subdivisions 

(c)(1–3) of the valid existing rights 

definition in 4VAC25–130–700.5, the 

person must submit satisfactory 

documentation that: 

(i) The road existed when the land 

upon which it is located came under the 

protection of 4VAC25–130–761.11 or 

Section 45.1–252, and the person has a 

legal right to use the road for surface 

coal mining operations; 

(ii) A properly recorded right of way 

or easement for a road in that location 

existed when the land came under the 

protection of 4VAC25–130–761.11 or 

Section 45.1–252, and, under the 

document creating the right of way or 

easement, and under any subsequent 

conveyances, the person has a legal 

right to use or construct a road across 

that right of way or easement to conduct 

surface coal mining operations; or 

(iii) A valid permit for use or 

construction of a road in that location 

for surface coal mining operations 

existed when the land came under the 

protection of 4VAC25–130–761.11 or 

Section 45.1–252. 

(c) Initial review of request. The 

Division must conduct an initial review 

to determine whether the request 

includes all applicable components of 

the submission requirements of 

subsection (b). The review pertains only 

to the completeness of the request, not 

the legal or technical adequacy of the 

materials submitted. 

(2) If the request does not include all 

applicable components of the 

submission requirements of subsection 

(b), the Division must notify the person 

and establish a reasonable time for 

submission of the missing information. 

Should the person not provide the 

information requested by the Division 

under this subdivision, within the time 

specified or as subsequently extended, 

the Division must issue a determination 

under subdivision (e)(4) that the person 

has not demonstrated valid existing 

rights. 

(3) When the request includes all 

applicable components of the 

submission requirements of subsection 

(b), the Division must implement the 

notice and comment requirements of 

subsection (d). 

(d)(1) When the division determines 

that the request satisfies the 

completeness requirements of 

subsection (c), it shall publish a notice 

in a newspaper of general circulation in 

the county in which the land is located 

inviting public comment on the merits 

of the request. OSMRE will publish a 

similar notice in the Federal Register if 

the request involves Federal lands 

within an area listed in 4VAC25–130– 

761.11(a) or (b). The public notice must 

include: 

(i) The location of the land to which 

the request pertains. 

(ii) A description of the type of 

surface coal mining operations planned. 

(iii) A reference to and brief 

description of the applicable standard(s) 

under the definition of valid existing 

rights in 4VAC25–130–700.5. 

(A) If the request relies upon the 

‘‘good faith/all permits’’ or the ‘‘needed 

for and adjacent’’ standard set forth in 

the valid existing rights definition in 

4VAC25–130–700.5, the notice must 

include a description of the property 

rights that the person claims and the 

basis for the claim. 

(B) If the request relies upon the road 

standard set forth in subdivision (c)(1) 

of the valid existing rights definition in 

4VAC25–130–700.5, the notice must 

include a description of the basis for the 

claim that the road existed when the 

land came under the protection of 

4VAC25–130–761.11 or Section 45.1– 

252. In addition, the notice must 

include a description of the basis for the 

claim that the person has a legal right 

to use that road for surface coal mining 

operations. 

(C) If the request relies upon the 

standard in subdivision (c)(2) of the 

valid existing rights definition in 

4VAC25–130–700.5, the notice must 

include a description of the basis for the 

claim that a properly recorded right of 

way or easement for a road in that 

location existed when the land came 

under the protection of 4VAC25–130– 

761.11 or Section 45.1–252. In addition, 

the notice must include a description of 

the basis for the claim that, under the 

document creating the right of way or 

easement, and under any subsequent 

conveyances, the person has a legal 

right to use or construct a road across 

the right of way or easement to conduct 

surface coal mining operations. 

(iv) If the request relies upon one or 

more of the standards in subdivisions 

(b) and (c)(1and 2) and (c)(2) of the valid 

existing rights definition in 4VAC25– 

130–700.5, a statement that the Division 

will not make a decision on the merits 

of the request if, by the close of the 

comment period under the notice or the 

notice required by subdivision (d)(3), a 

person with a legal interest in the land 

initiates appropriate legal action in the 

proper venue to resolve any differences 

concerning the validity or interpretation 

of the deed, lease, easement, or other 

documents that form the basis of the 

valid existing rights claim. 

(v) A description of the procedures 

the division will follow in processing 

the request. 

(vi) The closing date of the public 

comment period, which shall be a 

minimum of 30 days after the notice’s 

publication date. 

(vii) A statement that interested 

persons may request, in writing, from 

the Division a 30 day extension of the 

public comment period. The extension 

request shall set forth with reasonable 

specificity, the reasons the commenter 

needs the additional time to submit 

comments. 

(viii) Include the Division office’s 

address where a copy of the valid 

existing rights request is available for 

public inspection and to where 

comments and requests for extension of 

the comment period should be sent. 


dwashington3 on PROD1PC60 with PROPOSALS
Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Proposed Rules 17809 

(2) The Division must promptly 

provide a copy of the notice required 

under subdivision (d)(1) to: 

(i) All reasonably locatable owners of 

surface and mineral estates in the land 

included in the valid existing rights 

request. 

(ii) The owner of the feature causing 

the land to come under the protection 

of 4VAC25–130–761.11, and, when 

applicable, the agency(ies) with primary 

jurisdiction over the feature with 

respect to the values causing the land to 

come under the protection of 4VAC25– 

130–761.11. 

(3) The notice required under 

subdivision (d)(2) must provide a 30 day 

comment period, and specify that 

another 30 days may be granted for good 

cause shown at the discretion of the 

Division or agency responsible for the 

valid existing rights determination. 

(e)(1) The division or agency 

responsible for making the valid 

existing rights determination must 

review the materials submitted under 

subsection (b), comments received 

under subsection (d), and any other 

relevant, reasonably available 

information to determine whether the 

record is sufficiently complete and 

adequate to support a decision on the 

merits of the request. If not, the division 

must notify the person in writing, 

explaining the inadequacy of the record 

and requesting submittal, within a 

specified reasonable time, of any 

additional information that the division 

deems necessary to remedy the 

inadequacy. 

(2) Once the record is complete and 

adequate, the Division must determine 

whether you have demonstrated valid 

existing rights. The Division’s decision 

must explain how the person has or has 

not satisfied all applicable elements of 

the valid existing rights definition under 

4VAC25–130–700.5, contain findings of 

fact and conclusions, and specify the 

reasons for the conclusions. 

(3) When the request relies upon one 

or more of the standards in subdivisions 

(b) and (c)(1 and 2) of the valid existing 

rights definition in 4VAC25–130–700.5, 

the Division: 

(i) Must issue a determination that the 

person has not demonstrated valid 

existing rights if the property rights 

claim is the subject of pending litigation 

in a court or administrative body with 

jurisdiction over the property rights in 

question. The division will make the 

determination without prejudice, 

meaning that the person may refile the 

request once the property rights dispute 

is finally adjudicated. This applies only 

to situations in which legal action has 

been initiated as of the closing date of 

the comment period under subdivisions 

(d)(1) or (d)(3). 

(ii) If the record indicates 

disagreement as to the accuracy of the 

person’s property rights claim, but the 

disagreement is not the subject of 

pending litigation in a court or 

administrative agency of competent 

jurisdiction, must evaluate the merits of 

the information in the record and 

determine whether the person has 

demonstrated that the requisite property 

rights exist under subdivision (a), (c)(1), 

or (c)(2) of the valid existing rights 

definition in 4VAC25–130–700.5, as 

appropriate. The Division must then 

proceed with the decision process under 

subdivision (e)(2) of this section. 

(4) The Division must issue a 

determination that the person has not 

demonstrated valid existing rights if the 

person does not submit information that 

the division requests under subdivision 

(c)(2) or (e)(1) of this section within the 

time specified or as subsequently 

extended. The Division will make the 

determination without prejudice, 

meaning the person may refile a revised 

request at any time. 

(5) After making a valid existing rights 

determination, the Division shall: 

(i) Provide the person a copy of the 

determination with an explanation of 

appeal rights and procedures to the 

person seeking the determination, 

owner or owners of the land to which 

the determination applies, owner of the 

feature causing the land to come under 

the protection of 4VAC25–130–761.11, 

and, when applicable, the agency with 

primary jurisdiction over the feature 

with respect to the values that caused 

the land to come under the protection 

of 4VAC25–130–761.11. 

(ii) Publish notice of the 

determination in a newspaper of general 

circulation in the county in which the 

land is located. OSMRE will publish the 

determination, together with an 

explanation of appeal rights and 

procedures, in the Federal Register if 

the request includes Federal lands 

within an area listed in 4VAC25–130– 

761.11(a) or (b). 

(f) The division’s valid existing rights 

determination shall be subject to 

administrative and judicial review 

under 4VAC25–130–775.11 and 

4VAC25–130–775.13. 

(g) The division must make a copy of 

the valid existing rights determination 

request available to the public as 

provided by 4VAC25–130–773.13(d), 

and the records associated with that 

request, and any subsequent 

determination under subsection (e) of 

this section, available to the public in 

accordance with 4VAC25–130–840.14. 

(d) 4VAC25–130–772.12. Permit 

requirements for exploration removing 

more than 250 tons of coal, or occurring 

on lands designated as unsuitable for 

surface coal mining operations. 

(Revised by adding paragraphs (b)(14) 

and (d)(2)(iv)) 

(b) Application Information. Each 

application for an exploration permit 

shall contain, at a minimum, the 

following information: 

(14) For any lands listed in 4VAC25– 

130–761.11, a demonstration that, to the 

extent technologically and economically 

feasible, the proposed exploration 

activities have been designed to 

minimize interference with the values 

for which those lands were designated 

as unsuitable for surface coal mining 

operations. The application must 

include documentation of consultation 

with the owner of the feature causing 

the land to come under the protection 

of 4VAC25–130–761.11, and, when 

applicable, with the agency with 

primary jurisdiction over the feature 

with respect to the values that caused 

the land to come under the protection 

of 4VAC25–130–761.11. 

(d) Decisions on applications for 

exploration. 

(2) The Division shall approve a 

complete and accurate application for a 

coal exploration permit filed in 

accordance with this Part if it finds, in 

writing, that the applicant has 

demonstrated that the exploration and 

reclamation described in the application 

will: 

(iv) With respect to exploration 

activities on any lands protected under 

4VAC25–130–761.11, minimize 

interference, to the extent 

technologically and economically 

feasible, with the values for which those 

lands were designated as unsuitable for 

surface coal mining operations. Before 

making this finding, the division must 

provide reasonable opportunity to the 

owner of the feature causing the land to 

come under the protection of 4VAC25– 

130–761.11, and, when applicable, to 

the agency with primary jurisdiction 

over the feature with respect to the 

values that caused the land to come 

under the protection of 4VAC25–130– 

761.11, to comment on whether the 

finding is appropriate. 

3. 4VAC25–130–773.21 Improvidently 

issued permits; rescission procedures. 

The corresponding Federal regulation 

is 30 CFR 773.23(c)(2). At subsection 

(b), the DMME proposes to require that 

the division shall post notice of a permit 

suspension or rescission at its offices 

and on its internet home page. At 

subsection (e), the DMME proposes to 

require that if a permittee files an appeal 


dwashington3 on PROD1PC60 with PROPOSALS
17810 Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Proposed Rules 

for administrative review of the notice 

or decision under subsection (c) under 

§ 4VAC25–130–775.11 and § 2.2–4000 et 

seq of the Code of Virginia, the notice 

of the public hearing scheduled under 

this subsection will be posted at the 

division office located nearest to the 

permit. 

4. 4VAC25–130–773.13 Public 

participation in permit processing. 

The corresponding Federal regulation 

is 30 CFR 773.6. The DMME proposes 

to change ‘‘paragraph’’ to ‘‘subsection’’ 

in section (b)(1). 

5. 4VAC25–130–774.12 Post-permit 

issuance requirements. 

The corresponding Federal regulation 

for this section is 30 CFR 774.11. The 

DMME proposes to change ‘‘paragraph’’ 

to ‘‘subsection’’ in section (e). 

6. 4VAC25–130–774.17 Transfer, 

assignment, or sale of permit rights. 

The corresponding Federal regulation 

for this section is 30 CFR 774.17. The 

DMME proposes to change ‘‘paragraph’’ 

to ‘‘subsection’’ in section (a). 

7. 4VAC130–778.13 Identification of 

interests. 

The corresponding Federal regulation 

for this section is 30 CFR 778.11. The 

DMME proposes to change 

‘‘paragraph(s)’’ to ‘‘subsection(s)’’ in 

sections (c), (d), (k), and (m). 

8. 4VAC25–130–801.13 Self-bonding. 

There is no direct Federal counterpart 

regulation for this section. The DMME 

proposes to change ‘‘paragraph’’ to 

‘‘subdivision’’ in sections (a)(3), (a)(7), 

and (b). 

9. 4VAC25–130–840.14 Aailability of 

records. 

The corresponding Federal regulation 

is 30 CFR 840.14(c). The DMME 

proposes to post a notice that states in 

part: Pursuant to § 2.1–340 et seq. of the 

Code of Virginia, as amended, and §§ 4 

VAC 25–130–700.14, 4 VAC 25–130– 

702.13, 4 VAC 25–130–772.15, 4 VAC 

25–130–773.13(d), and 4 VAC 25–130– 

840.14 (b) of the Virginia Coal Surface 

Mining Reclamation Regulations, the 

Division of Mined Land Reclamation 

(DMLR) will make available copies of all 

records, reports, inspection materials, 

permit applications, or information 

obtained by the Division for public 

inspection and copying. The Division 

will maintain the information at its 

principal office located in Big Stone 

Gap, Virginia. The information will also 

be made available upon request at the 

Division’s Lebanon office. The DMLR 

may, upon request, provide the 

information at other Federal, State, or 

local government office(s) located in the 

county where the mining is or may be 

proposed to occur, or provide the 

information electronically to the 

requestor. If a person wishes to inspect 

the information, he or she may visit or 

call one of DMLR’s offices, or send an 

electronic request. Information 

regarding laws, regulations, public 

participation, complaints, guidance 

documents, procedures to request 

information, and other topics may be 

obtained from the DMLR’s office or 

accessed through the DMLR’s internet 

site. This notice will be sent to Circuit 

Court Clerks of coal-producing counties 

(Lee, Wise, Scott, Dickenson, Russell, 

Tazewell, Buchanan); posted at DMLR 

offices; and placed on the DMME 

webpage. 

III. Public Comment Procedures 

Under the provisions of 30 CFR 

732.17(h), we are seeking your 

comments on whether the submission 

satisfies the applicable program 

approval criteria of 30 CFR 732.15. If we 

approve the amendment, it will become 

part of the Virginia program. 

Electronic or Written Comments 

If you submit written comments, they 

should be specific, confined to issues 

pertinent to the proposed regulations, 

and explain the reason for any 

recommended change(s). We appreciate 

any and all comments, but those most 

useful and likely to influence decisions 

on the final regulations will be those 

that either involve personal experience 

or include citations to and analyses of 

SMCRA, its legislative history, its 

implementing regulations, case law, 

other pertinent Tribal or Federal laws or 

regulations, technical literature, or other 

relevant publications. We cannot ensure 

that comments received after the close 

of the comment period (see DATES) or 

sent to an address other than those 

listed above (see ADDRESSES) will be 

included in the docket for this 

rulemaking and considered. 

Public 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 may 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. 

List of Subjects in 30 CFR Part 917 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: January 22, 2009. 

Thomas D. Shope, 

Regional Director. 

Editorial Note: This document was 

received in the Office of the Federal Register 

on Tuesday, April 14, 2009. 

[FR Doc. E9–8883 Filed 4–16–09; 8:45 am] 

BILLING CODE 4310–05–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2009–0181; FRL–8892–9] 

Approval and Promulgation of 

Implementation Plans; Georgia; 

Enhanced Inspection and Maintenance 

Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the State Implementation Plan (SIP) 

revision submitted by the Georgia 

Department of Natural Resources 

through the Georgia Environmental 

Protection Division on February 13, 

2009. The revisions include minor 

changes to Georgia’s Air Quality Rules 

found at Chapter 391–3–20–.17, 

pertaining to rules for Enhanced 

Inspection and Maintenance. 

Specifically, the changes update the 

amount of repair costs that may qualify 

for a waiver. This action is being taken 

pursuant to section 110 of the Clean Air 

Act. 

In the Final Rules Section of this 

Federal Register, EPA is approving the 

State’s SIP revision as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this final rule, 

no further activity is contemplated. If 

EPA receives adverse comments, the 

direct final rule will be withdrawn and 

all public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period 

of this proposal. Any parties interested 

in commenting on this proposal should 

do so at this time. 

DATES: Written comments must be 

received on or before May 18, 2009. 


dwashington3 on PROD1PC60 with PROPOSALS