17802 Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Proposed Rules 

No. CF34–BJ S/B 72–A0212, Revision 03, 

dated June 27, 2007, or earlier issue, do the 

following: 

(i) For Tier 2 fan disks with 2,500 or more 

CSLI on the effective date of this AD, perform 

an ECI on the Tier 2 fan disks within 500 CIS 

after the effective date of this AD. Use 

paragraph 3.A of the Accomplishment 

Instructions of GE ASB CF34–BJ S/B 72– 

A0235, dated October 27, 2008, to perform 

the ECI. 

(ii) For Tier 2 fan disks with fewer than 

2,500 CSLI on the effective date of this AD, 

perform an ECI on the Tier 2 fan disks within 

3,000 CSLI. Use paragraph 3.A of the 

Accomplishment Instructions of GE ASB 

CF34–BJ S/B 72–A0235, dated October 27, 

2008, to perform the ECI. 

(iii) Thereafter, perform repetitive ECI on 

the Tier 2 fan disks within intervals of 3,000 

CSLI. Use paragraph 3.A of the 

Accomplishment Instructions of GE ASB 

CF34–BJ S/B 72–A0235, dated October 27, 

2008, to perform the repetitive ECI. 

Inspections of Tier 3 Fan Disks 

(m) For CF34–1A turbofan engines with fan 

drive shaft, P/N 6036T78P02, and 

airworthiness limitation section life limit of 

15,000 CSN, CF34–3A, CF34–3A2, and 

CF34–3B turbofan engines with Tier 3 fan 

disks listed by P/N, SN, and Tier in Table 1 

of GE ASB No. CF34–BJ S/B 72–A0212, 

Revision 04, dated October 27, 2008, do the 

following: 

TEV Inspections, FPI, and ECI 

(1) For Tier 3 fan disks not already 

inspected using GE ASB No. CF34–AL S/B 

72–A0212, Revision 03, dated June 27, 2007, 

or earlier issue, perform a TEV inspection, 

FPI, and ECI on the Tier 3 fan disks within 

3,500 CIS after September 12, 2007, or by 

March 19, 2012, whichever is earlier. Use 

paragraph 3.A of the Accomplishment 

Instructions of GE ASB CF34–AL S/B 72– 

A0234, dated October 27, 2008, to perform 

the TEV inspection, FPI, and ECI. 

(2) For Tier 3 fan disks, listed by P/N, SN, 

and Tier in Table 1 of GE ASB No. CF34–BJ 

S/B 72–A0212, Revision 04, dated October 

27, 2008; already inspected using GE ASB 

No. CF34–BJ S/B 72–A0212, Revision 03, 

dated June 27, 2007, or earlier issue, perform 

a TEV inspection and an ECI on the Tier 3 

fan disks within 3,500 CSLI, but no later than 

March 19, 2012. Use paragraph 3.A of the 

Accomplishment Instructions of GE ASB 

CF34–BJ S/B 72–A0234, dated October 27, 

2008, to perform the TEV inspection and ECI. 

(3) Repetitive ECI on the Tier 3 fan disks 

are not required. 

Alternative Methods of Compliance 

(n) The Manager, Engine Certification 

Office, has the authority to approve 

alternative methods of compliance for this 

AD if requested using the procedures found 

in 14 CFR 39.19. 

Mandatory Terminating Action 

(o) Remove from service, Tier 1 and Tier 

2 fan disks listed by P/N, SN, and Tier in 

Table 1 of GE ASB No. CF34–AL S/B 72– 

A0233, Revision 04, dated October 27, 2008; 

or CF34–BJ S/B 72–0212, Revision 04, dated 

October 27, 2008, before they exceed their 

limited life cycles or September 30, 2018, 

whichever occurs first. 

Related Information 

(p) Contact Tara Chaidez, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: tara.chaidez@faa.gov; 

telephone (781) 238–7773; fax (781) 238– 

7199, for more information about this AD. 

(q) The following GE Alert Service 

Bulletins pertain to the subject of this AD: 

• CF34–AL S/B 72–A0233, Revision 04, 

dated October 27, 2008, 

• CF34–AL S/B 72–A0252, dated October 

27, 2008, 

• CF34–AL S/B 72–A0253, dated October 

27, 2008, 

• CF34–BJ S/B 72–A0212, Revision 04, 

dated October 27, 2008, 

• CF34–BJ S/B 72–A0234, dated October 

27, 2008, and 

• CF34–BJ S/B 72–A0235, dated October 

27, 2008. 

Contact General Electric Company via 

Lockheed Martin Technology Services, 10525 

Chester Road, Suite C, Cincinnati, Ohio 

45215; telephone (513) 672–8400; fax (513) 

672–8422, for a copy of this service 

information. 

Issued in Burlington, Massachusetts, on 

April 9, 2009. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–8787 Filed 4–16–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 935 

[OH–253–FOR; Docket ID: OSM–2009–0001] 

Ohio Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement (OSM), 

Interior. 

ACTION: Proposed rule; public comment 

period and opportunity for public 

hearing on the proposed amendment. 

SUMMARY: We are announcing receipt of 

an amendment to the Ohio regulatory 

program (the ‘‘Ohio program’’) under 

the Surface Mining Control and 

Reclamation Act of 1977 (SMCRA or the 

Act). Ohio has submitted changes to its 

regulations as a result of its five-year 

review of Ohio’s internal and 

procedural rules. Changes relate to 

practice and procedures before the 

reclamation commission, including 

definitions, commission meetings, 

appearance and practice before the 

commission; appeals to the reclamation 

commission; filing and service of 

papers; temporary relief; responsive 

pleadings; discovery; motions; prehearing procedures; notice of hearings 

and continuance of hearings; site views 

and location of hearings; conduct of 

evidentiary hearings; reports and 

recommendations of the hearing officer; 

and decisions of the commission. 

This document gives the times and 

locations that the Ohio program and 

proposed amendment to that program 

are available for your inspection, the 

comment period during which you may 

submit written comments on the 

amendment, and the procedures that we 

will follow for the public hearing, if one 

is requested. 

DATES: We will accept written 

comments until 4 p.m., d.s.t. May 18, 

2009. If requested, we will hold a public 

hearing on May 12, 2009. We will 

accept requests to speak at a hearing 

until 4 p.m., d.s.t. on May 4, 2009. 

ADDRESSES: You may submit comments, 

identified by OH–253–FOR; Docket ID: 

OSM–2009–0001 by either of the 

following two methods: 

Federal eRulemaking Portal: 

www.regulations.gov. The proposed rule 

has been assigned Docket ID: OSM– 

2009–0001. If you would like to submit 

comments through the Federal 

eRulemaking Portal, go to 

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–2009–0001 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–2009– 

0001, you can view the proposed rule 

and submit a comment. You can also 

view supporting material and any 

comments submitted by others. 

Mail/Hand Delivery/Courier: Mr. 

George Rieger, Chief, Pittsburgh Field 

Division, Columbus Office, Office of 

Surface Mining Reclamation and 

Enforcement, 4605 Morse Road, Room 

102, Columbus, Ohio 43230. 

Instructions: For detailed instructions 

on submitting comments and additional 

information on the rulemaking process, 

see the ‘‘Public Comment Procedures’’ 

heading of the SUPPLEMENTARY

INFORMATION section of this document. 

Docket: In addition to obtaining 

copies of documents at 

www.regulations.gov, information may 

also be obtained 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 

Pittsburgh Field Division Office. 


dwashington3 on PROD1PC60 with PROPOSALS
Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Proposed Rules 17803 

George Rieger, Chief, Pittsburgh Field 

Division, Columbus Office, Office of 

Surface Mining Reclamation and 

Enforcement, 4605 Morse Road, Room 

102, Columbus, Ohio 43230, 

Telephone: (614) 416–2238, 

e-mail:grieger@osmre.gov. 

Linda Osterman, Hearing Officer, Ohio 

Reclamation Commission, Ohio 

Department of Natural Resources, 

2045 Morse Road, Bldg. F–2, 

Columbus, Ohio 43229, Telephone: 

(614) 262–1269, e-mail: 

linda.osterman@dnr.state.oh.us. 

FOR FURTHER INFORMATION CONTACT: 

George Rieger, Telephone: (614) 416– 

2238. e-mail: grieger@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Ohio Program 

II. Description of the Amendment 

III. Public Comment Procedures 

IV. Procedural Determinations 

I. Background on the Ohio 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 State 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 Ohio 

program on August 16, 1982. You can 

find additional background information 

on the Ohio program, including the 

Secretary’s findings, the disposition of 

comments, and conditions of approval 

in the August 10, 1982, Federal 

Register, 47 FR 34688. You can also find 

later actions concerning Ohio’s program 

and program amendments at 30 CFR 

935.11 and 935.15. 

II. Description of the Amendment 

By a letter dated January 22, 2009 

(Administrative Record Number OH– 

2188–01), Ohio sent us changes to its 

procedural rules. Pursuant to Ohio 

Revised Code 119.032, all State agencies 

must review their internal and 

procedural rules every five years. In 

response to this requirement, the Ohio 

Reclamation Commission reviewed its 

procedural rules. The Commission’s 

procedural rules are found at Ohio 

Administrative Code 1513–3–01 

through 1513–3–22. This submission 

contains the changes made to the Ohio 

Administrative Code as a result of this 

review. These changes are identified 

below, with additions italicized and 

deletions bracketed: 

1513–3–01: Definitions. 

(N) ‘‘Regular business hours’’ for the 

reclamation commission means 10 a.m. 

to 6 p.m. Monday through Friday, 

except for state holidays or other days 

in which offices of the government of 

the state of Ohio are permitted to close 

due to weather, safety or other 

unforeseeable events which present a 

risk to the public or to the commission 

employees. In the event of the absence 

of the office staff, contact information 

for the chairman and vice-chairman of 

the commission will be prominently 

posted at the commission offices. 

[(N)] (O) ‘‘Rules of the reclamation 

commission’’ means rules 1513–3–01 to 

1513–3–22 of the Administrative code 

and shall apply to appeals filed under 

both Chapters 1513. and 1514. of the 

Revised code, unless specifically 

provided otherwise. 

1513–3–02: Internal regulations. 

(B) Four members constitute a 

quorum, and no action of the 

commission shall be valid unless it has 

the concurrence of at least four 

members. Where, in rendering a 

decision, a concurrence of at least four 

commission members is not obtained, 

the existing record of proceedings may 

be submitted to any absent commission 

member, who will be permitted to 

participate in the rendering of the 

decision. [at a subsequent commission 

meeting.] 

1513–3–02: Internal regulations. 

(D) Pursuant to section 1513.05 of the 

Revised code, the reclamation 

commission shall elect [may appoint] a 

secretary, who shall perform such duties 

as the commission prescribes, 

including: 

1513–3–02: Internal regulations. 

(D)(4) Providing notice of all public 

meetings [hearings] of the reclamation 

commission in accordance with the 

following procedures: 

(a) Any person may determine the 

time and place of regularly-scheduled 

public meetings [hearings or the time 

and place of any temporary relief 

hearings] by contacting the office of the 

reclamation commission during regular 

business hours; 

(b) Upon request, any person may 

obtain advance notice of all regularlyscheduled public meetings [hearings] by 

supplying the office of the reclamation 

commission with stamped, selfaddressed envelopes. The office will 

mail to such person a notice of the time 

and place of meetings [hearings] at least 

four calendar days before the meeting 

[hearing] is scheduled; [unless the 

hearing is a temporary relief hearing;] 

(c) The reclamation commission shall 

provide the office of the reclamation 

commission with the time and place of 

meetings [hearings] requiring public 

notice under the provisions of this rule 

within sufficient time to enable the 

office to comply with the provisions of 

this rule. 

(d) The time and location for 

commission meetings shall be 

announced in the Hannah Report 

published by Rotunda, Inc. 

1513–3–02: Internal regulations. 

(H) Any [The] transcript [or recording] 

of a [any] proceeding before the 

commission, if filed with the 

commission [shall be the property of the 

commission and] shall be made 

available for reproduction upon 

application to the commission and 

payment of reproduction costs. 

(I) Issuance of subpoenas. 

(1) Upon request of a party, or at the 

initiative of the commission, the 

commission shall issue subpoenas ad 

testificandum or duces tecum. 

1513–3–03: Appearance and practice 

before the commission. 

(C) Except as prohibited by section 

4705.01 of the Revised code, any party 

may appear on his own behalf or may 

be represented by an attorney at law 

admitted to practice before the Supreme 

Court of Ohio, or by an attorney 

admitted to practice by the commission 

pursuant to a motion to appear pro hac 

vice. [In the absence of an attorney, a 

party may represent itself, a partnership 

may be represented by any of its 

members, a corporation or association 

may be represented by any of its officers 

and any governmental unit may be 

represented by an employee offering 

proof of authority.] 

1513–3–04: Appeals to the 

reclamation commission. 

(B) A notice of appeal must: 

(7) Pursuant to section 1513.13 of the 

Revised Code, identify [Identify] the 

grounds upon which review is being 

sought, the manner in which appellant 

is aggrieved or adversely affected by the 

action of the chief of the division of 

mineral resources management and the 

relief sought on appeal; 

1513–3–05: Filing and service of 

papers. 

(H) If papers filed with the 

commission cite case law as authority in 

support of argument, the filing must 

include a copy of the case law citedand 

must refer to the page number or 

paragraph on which the relevant 

language is found. 

1513–3–08: Temporary relief. 

(F) The decision of the chairman of 

the reclamation commission to grant or 

deny temporary relief may be appealed 

to the [full] commission, including the 


dwashington3 on PROD1PC60 with PROPOSALS
17804 Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Proposed Rules 

chairman who decided temporary relief, 

within thirty days after the chairman’s 

issuance of the decision in accordance 

with the provisions of section 1513.13 

of the Revised Code. The [full] 

commission may confine its review to 

the record developed at the temporary 

relief hearing conducted by the 

chairman. The [full] commission shall 

affirm the decision of the chairman, 

unless it determines that the chairman’s 

decision is arbitrary, capricious, or 

otherwise inconsistent with law. 

1513–3–09: Responsive pleadings. 

(B) Unless the commission orders 

otherwise, the party ordered to file a 

response pursuant to this rule shall 

have ten days from the issuance of the 

commission’s order to make such filing. 

[(B] (C) Failure to respond when 

ordered may be treated as a failure to 

appear at hearing. 

1513–3–10: Discovery. 

(C) Discovery shall be conducted in 

accordance with the procedural 

provisions of the ‘‘Ohio Rules of Civil 

Procedure.’’ Discovery may include oral 

depositions, written interrogatories to 

parties, inspection of premises, requests 

for admission, and inspection of 

documents. [not privileged.] 

1513–3–11: Motions. 

(A) Except for oral motions which 

must be made in proceedings on the 

record, or where the commission 

otherwise directs, any motion made to 

the reclamation commission shall: 

(4) Be filed with the commission and 

served upon all parties to the 

proceeding at least ten [five] days in 

advance of the hearing, unless the 

movant demonstrates that unusual 

circumstances exist justifying an 

exception to this rule. 

1513–3–11: Motions. 

(C) Motions for reconsideration of any 

decision of the commission shall be 

made in writing within ten [fourteen] 

days after the issuance of the 

commission’s decision. A motion for 

reconsideration shall state with 

particularity the grounds on which it is 

based. The filing of a motion for 

reconsideration does not extend the 

time for filing a notice of appeal in the 

appellate court. 

1513–3–11: Motions. 

(E) In compliance with the 

requirements of 1513–3–13(C)(2), 

motions for continuance of a hearing 

must be filed with the reclamation 

commission and served upon all parties 

to a proceeding at least fourteen days in 

advance of a hearing. 

[(E)] (F) Unless the commission orders 

otherwise, any party to a proceeding 

shall have ten days from service of the 

motion or until hearing, whichever is 

earlier, to file a response to a motion. 

[(F)] (G) Failure to make a timely 

motion or to file a statement in response 

to a motion may be construed as a 

waiver of objection. 

1513–3–12: Pre-hearing procedures. 

(A) The reclamation commission, or 

its hearing officer, may schedule and 

hold pre-hearing conferences for 

settlement or simplification of the issues 

in any appeal. 

(B) Whenever a pre-hearing 

conference is held, the commission, or 

its hearing officer, may issue an order 

which recites the matters discussed, the 

agreements reached, and the rulings 

made at the pre-hearing conference. 

(C) The commission, or its hearing 

officer, may require the filing of a prehearing statement by the parties to an 

appeal. 

1513–3–13: Notice of hearings and 

continuance of hearings. 

(C) Continuance of scheduled 

hearings. 

(2) Motions for continuance of a 

hearing must be filed with the 

reclamation commission and served 

upon all parties to a proceeding at least 

fourteen [five] days in advance of a 

hearing. 

(3) Motions for continuance made less 

than fourteen [five] days before hearing 

or at hearing shall be granted only upon 

demonstration that an extraordinary 

situation exists which could not have 

been anticipated and which would 

justify the granting of a continuance. 

1513–3–14: Site views and location of 

hearings. 

(A) Site views. 

(2) Subject to any applicable safety 

requirements, the [The] commission 

may, upon reasonable notice and at 

reasonable times, inspect any site or 

other premises when the commission is 

of the opinion that such a viewing 

would have a beneficial value in any 

matter pending before the commission. 

(3) [Unless the right to a site view is 

statutorily prescribed, a] A quorum of 

commission members need not attend a 

site view. 

(4) All parties shall have prior notice 

of a site view and shall have the right 

to be present. Parties shall be informed 

of any safety requirements prior to the 

site view. The commission may limit the 

number of persons, which may 

accompany a party at a site view. 

1513–3–16: Conduct of evidentiary 

hearings. 

(E) Written testimony. 

(2) The use of a deposition in lieu of 

the [dependent’s] deponent’s oral 

testimony at hearing shall be allowed 

under the same provisions as are 

articulated in rule 32 of the ‘‘Ohio Rules 

of Civil Procedure.’’ A party desiring to 

use a deposition, or any designated part 

thereof, at hearing shall file the 

deposition with the commission and 

serve written notice to every other party 

at least five days prior to hearing. 

(F) Witnesses. 

(2) The commission may require each 

party in an appeal to identify prior to 

the commencement of a hearing each 

person who is or may be present and 

[in] his interest or who will or may be 

a witness for his cause in the appeal. 

(G) If the appellant fails to appear 

personally or by counsel or other 

authorized representative at a hearing 

scheduled after being duly notified of 

the hearing by the mailing of a notice of 

hearing to such party’s last known 

address, and if good cause for such 

failure to appear [appeal] is not shown, 

the commission shall dismiss the 

appeal. 

(I) The reclamation commission may 

order the parties to a proceeding to 

submit post-hearing briefs or proposed 

findings of fact and conclusions of law 

at a time designated by the commission, 

on issues raised on the appeal or upon 

possible errors or omissions in the 

record or on any issues as the 

commission in its discretion shall 

determine. The commission may also 

order the parties to submit written 

closing arguments or proposed findings 

of fact and conclusions of law at the 

conclusion of hearing. 

1513–3–18: Reports and 

recommendations of the hearing officer. 

(F) Any party to a proceeding may 

have [seven] fourteen days from service 

of the objections to the report and 

recommendation of the hearing officer 

to file a response. 

1513–3–19: Decisions of the 

commission. 

(A) All decisions of the commission 

shall [incorporate] set forth: 

(1) Findings of fact; 

(2) Conclusions of law; and 

(3) An order granting or denying 

relief. 

1513–3–19: Decisions of the 

commission. 

(F) Remission of prepaid civil penalty 

assessments. 

(1) If a review of a civil penalty 

assessment results in an order reducing 

or eliminating a civil penalty, the 

reclamation commission shall remit the 

funds to the appellant in accordance 

with division [(F)] (E) of section 1513.02 

of the Revised Code. 

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 this amendment, it will become 

part of the Ohio program. 


dwashington3 on PROD1PC60 with PROPOSALS
Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Proposed Rules 17805 

Electronic or Written Comments 

If you submit written comments, they 

should be specific, confined to issues 

pertinent to the submission, 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. We will not consider anonymous 

comments. 

Public Hearing 

If you wish to speak at the public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT by 

4 p.m., e.s.t. on May 4, 2009. If you are 

disabled and need reasonable 

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 

the hearing. 

To assist the transcriber and ensure an 

accurate record, we request, if possible, 

that each person who speaks at a 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 there is only limited interest in 

participating in a public hearing, we 

may hold a public meeting rather than 

a public hearing. If you wish to meet 

with us to discuss the submission, 

please request a meeting by contacting 

the person listed under FOR FURTHER

INFORMATION CONTACT. All such meetings 

are 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 regulations. 

Executive Order 12866—Regulatory 

Planning and Review 

This rule is exempted from review by 

the Office of Management and Budget 

(OMB) 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, to the extent 

allowable by law, 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 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 

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. 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 that 

our decision is on a State regulatory 

program and does not involve Federal 

regulations 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 a 

major Federal action within the 

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

National Environmental Policy Act (42 

U.S.C. 4321 et seq.). 

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.). 


dwashington3 on PROD1PC60 with PROPOSALS
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. 


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