This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

33032

Vol. 66, No. 119

Wednesday, June 20, 2001

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 948

[WV–092–FOR]

West 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 West

Virginia regulatory program under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

program amendment consists of changes

to the West Virginia Surface Coal

Mining and Reclamation Act as

contained in Senate Bill 603. The

amendment concerns reclamation plan

requirements and authorizes the

submittal of a master land use plan for

postmining land use. The amendment

also revises the provisions concerning

the Office of Coalfield Community

Development. The amendment is

intended to improve the effectiveness of

the West Virginia program.

DATES: If you submit written comments,

they must be received on or before 4:00

p.m. (local time), on July 20, 2001. If

requested, a public hearing on the

proposed amendments will be held at

1:00 p.m. (local time), on July 16, 2001.

Requests to speak at the hearing must be

received by 4:00 p.m. (local time), on

July 5, 2001.

ADDRESSES: Mail or hand-deliver your

written comments and requests to speak

at the hearing to Mr. Roger W. Calhoun,

Director, Charleston Field Office at the

address listed below.

You may review copies of the West

Virginia program, the proposed

amendment, a listing of any scheduled

hearings, and all written comments

received in response to this document at

the addresses below during normal

business hours, Monday through Friday,

excluding holidays. You may receive

one free copy of the proposed

amendment by contacting OSM’s

Charleston Field Office.

Mr. Roger W. Calhoun, Director,

Charleston Field Office, Office of

Surface Mining Reclamation and

Enforcement, 1027 Virginia Street,

East, Charleston, West Virginia 25301

Telephone: (304) 347–7158. E-mail:

chfo@osmre.gov.

West Virginia Department of

Environmental Protection, 10

McJunkin Road, Nitro, West Virginia

25143, Telephone: (304) 759–0515.

The proposed amendment will be

posted at the Department’s Internet

page: http://www.dep.state.wv.us.

In addition, you may review copies of

the proposed amendment during regular

business hours at the following

locations:

Office of Surface Mining Reclamation

and Enforcement, Morgantown Area

Office, 75 High Street, Room 229, P.O.

Box 886, Morgantown, West Virginia

26507, Telephone: (304) 291–4004.

(By Appointment Only)

Office of Surface Mining Reclamation

and Enforcement, Beckley Area

Office, 323 Harper Park Drive, Suite 3,

Beckley, West Virginia 25801,

Telephone: (304) 255–5265.

FOR FURTHER INFORMATION CONTACT: Mr.

Roger W. Calhoun, Director, Charleston

Field Office; Telephone: (304) 347–

7158.

SUPPLEMENTARY INFORMATION:

I. Background on the West Virginia

Program

On January 21, 1981, the Secretary of

the Interior conditionally approved the

West Virginia program. You can find

background information on the West

Virginia program, including the

Secretary’s findings, the disposition of

comments, and the conditions of

approval in the January 21, 1981,

Federal Register (46 FR 5915–5956).

You can find later actions concerning

the conditions of approval and program

amendments at 30 CFR 948.10, 948.12,

948.13, 948.15, and 948.16.

II. Discussion of the Proposed

Amendment

By letter dated May 21, 2001

(Administrative Record Number WV–

1217), the West Virginia Department of

Environmental Protection (WVDEP)

submitted an amendment to its program.

The program amendment consists of

changes to the West Virginia Surface

Coal Mining and Reclamation Act as

amended by Senate Bill 603. The

amendment concerns reclamation plan

requirements at section 22–3–10, and

authorizes the submittal of a master

land use plan for postmining land use.

The amendment also revises the

provisions concerning the Office of

Coalfield Community Development at

chapter 5B–2A sections 5 and 9. The

amendment is intended to improve the

effectiveness of the West Virginia

program.

You will find West Virginia’s program

amendment presented below.

W.Va. Code 22–3–10. Reclamation Plan

Requirements

The style of this section is amended

in various locations by deleting the

word ‘‘such’’ and by replacing that word

with the word ‘‘the.’’ In addition, at

subsection (a)(14), the word ‘‘Such’’ is

deleted and replaced by the word

‘‘Any.’’ As amended, subsection (a)(14)

provides as follows: ‘‘(14) Any other

requirements as the director may

prescribe by rule.’’

New subsection 22–3–10(b) is added,

and existing subsection (b) is relettered

as (c). New subsection (b) is added to

read as follows.

(b) Any surface mining permit application

filed after the effective date of this subsection

may contain, in addition to the requirements

of subsection (a) of this section, a master land

use plan, prepared in accordance with article

two-a, chapter five-b of this code, as to the

post-mining land use. A reclamation plan

approved but not implemented may be

amended to provide for a revised reclamation

plan consistent with the provisions of this

subsection.

W. Va. Code 5B–2A Office of Coalfield

Community Development

Section 5B–2A–5 is amended by

deleting the words ‘‘shall have and’’ that

appear in the first sentence, and by

replacing those words with the words,

‘‘has and may.’’ In addition, section 5B–

2A is amended by adding new

paragraph (9) as follows:

(9) On its own initiative or at the request

of a community in close proximity to a

mining operation, or a mining operation,

offer assistance to facilitate the development

of economic or community assets. Such

Federal Register / Vol. 66, No. 119 / Wednesday, June 20, 2001 / Proposed Rules 33033

assistance may include the preparation of a

master land use plan pursuant to the

provisions of section nine of this article.

Section 5B–2A–9 is amended by

adding new subsection (f) as follows:

(f) In addition to the coal field community

development statement cited in subsection

(a) of this section, the office may secure

developable land and infrastructure for a

development office or county through the

preparation of a master land use plan for

inclusion into a reclamation plan prepared

pursuant to the provisions of section ten,

article three, chapter twenty-two of this code.

Participation in a master land use plan is

voluntary.

(1) State, local, county or regional

development authorities may determine land

and infrastructure needs within their

jurisdictions through the development of a

master land use plan which incorporates

post-mining land use needs that include

industrial uses, commercial uses, agricultural

uses, public facility uses or recreational

facility uses.

(2) A master land use plan must be

reviewed by the office of coalfield

community development before the master

land use plan can be approved.

(3) The required infrastructure component

standards needed to accomplish the

designated post-mining land uses identified

in subdivision one of this subsection shall be

developed by the relevant state, local, county

or regional development authority. The

standards must be in place before the

respective state, local, county or regional

development authority can accept ownership

of property donated pursuant to a master

land use plan. Acceptance of ownership of

such property by a state, local, county or

regional development authority may not

occur unless it is determined that: (a) The

Property use is compatible with adjacent

land uses; (b) the use satisfies the relevant

development authority’s anticipated need

and market use; (c) the property has in place

necessary infrastructure components needed

to achieve the anticipated use; (d) the use is

supported by all other appropriate public

agencies; and (e) the use is feasible. Required

infrastructure component standards require

approval of the relevant county commission

or commissions before such standards are

accepted. County commission approval may

be rendered only after a reasonable public

comment period.

III. Public Comment Procedures

In accordance with the provisions of

30 CFR 732.17(h), we are seeking

comments, on whether the proposed

amendment satisfies the applicable

program approval criteria of 30 CFR

732.15. If the amendment is deemed

adequate, it will become part of the

West Virginia program.

Written Comments

If you submit written or electronic

comments on the proposed amendment

during the 30-day comment period, they

should be specific, should be confined

to issues pertinent to the notice, and

should explain the reason for your

recommendation(s). We may not be able

to consider or include in the

Administrative Record comments

delivered to an address other than the

one listed above (see ADDRESSES).

Electronic Comments

Please submit Internet comments as

an ASCII, Word Perfect, or Word file

avoiding the use of special characters

and any form of encryption. Please also

include Attn: SPATS NO. WV–092–

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 Charleston Field office at (304) 347–

7158.

Availability of Comments

Our practice is to make comments,

including names and home addresses of

respondents, available for public review

during our regular business hours at the

OSM Administrative Record Room (see

ADDRESSES). Individual respondents

may request that we withhold their

home address from the rulemaking

record, which we will honor to the

extent allowable by law. There also may

be circumstances in which we would

withhold from the rulemaking record a

respondent’s identity, as allowable by

law. If you wish us to withhold your

name and/or address, you must state

this prominently at the beginning of

your comment. However, we will not

consider anonymous comments. We

will make all submissions from

organizations or businesses, and from

individuals identifying themselves as

representatives or officials of

organizations or businesses, available

for public inspection in their entirety.

Public Hearing

If you wish to speak at the public

hearing, you should contact the person

listed under FOR FURTHER INFORMATION

CONTACT by 4:00 p.m. (local time), on

July 5, 2001. The location and time of

the hearing will be arranged with those

persons requesting the hearing. If no one

requests an opportunity to speak at the

public hearing, the hearing will not be

held.

To assist the transcriber and ensure an

accurate record, we request, if possible,

that each person who testifies at a

public hearing provide us with a written

copy of his or her testimony. The public

hearing will continue on the specified

date until all persons scheduled to

speak have been 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 all persons scheduled to

speak and persons present in the

audience who wish to speak have been

heard.

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.

Public Meeting

If only one person requests an

opportunity to speak at a hearing, a

public meeting, rather than a public

hearing, may be held. If you wish to

meet with OSM representatives to

discuss the proposed amendment, you

may 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, notices of meetings will be

posted at the locations listed under

ADDRESSES. A written summary of each

meeting will be made a part of the

Administrative Record.

IV. Procedural Determinations

Executive Order 12866—Regulatory

Planning and Review

This rule is exempted from review by

the Office of Management and Budget

under Executive Order 12866.

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 13132—Federalism

This rule does not have federalism

implications. SMCRA delineates the

roles of the federal and state

governments with regard to the

regulation of surface coal mining and

reclamation operations. One of the

purposes of SMCRA is to ‘‘establish a

nationwide program to protect society

and the environment from the adverse

effects of surface coal mining

operations.’’ Section 503(a)(1) of

SMCRA requires that state laws

regulating surface coal mining and

reclamation operations be ‘‘in

accordance with’’ the requirements of

SMCRA, and section 503(a)(7) requires

that state programs contain rules and

regulations ‘‘consistent with’’

regulations issued by the Secretary

pursuant to SMCRA.

Executive Order 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

allowed by law, this rule meets the

33034 Federal Register / Vol. 66, No. 119 / Wednesday, June 20, 2001 / Proposed Rules

1See, e.g., the Government Paperwork

Elimination Act, Pub. L. No. 105277, 17021704.

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

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

Section 702(d) of SMCRA (30 U.S.C.

1292(d)) provides that a decision on a

proposed state regulatory program

provision does not constitute a major

federal action within the meaning of

section 102(2)(C) of the National

Environmental Policy Act (NEPA) (42

U.S.C. 4332(2)(C)). A determination has

been made that such decisions are

categorically excluded from the NEPA

process (516 DM 8.4.A).

Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by the Office of

Management and Budget 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 regulation.

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.

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 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 948

Intergovernmental relations, Surface

mining, Underground mining.

Dated: June 8, 2001.

Allen D. Klein,

Regional Director, Appalachian Regional

Coordinating Center.

[FR Doc. 01–15499 Filed 6–19–01; 8:45 am]

BILLING CODE 4310–05–P

POSTAL RATE COMMISSION

39 CFR Part 3001

[Docket No. RM2001–2; Order No. 1317]

Rules of Practice and Procedure

AGENCY: Postal Rate Commission.

ACTION: Request for comments and

technical conference.

SUMMARY: The Commission is soliciting

comments on electronic filing

procedures. The objective is to develop

a rule that makes use of modern

technology, reduces the burden and

expense of paper filing, and facilitates

public access to data filed with the

Commission.

DATES: Comments are due by July 9,

2001; a technical conference is

scheduled for July 11, 2001 at 10 a.m.

ADDRESSES: Send comments to Steven

W. Williams, Acting Secretary, Postal

Rate Commission, 1333 H Street, NW.,

Suite 300, Washington, DC 20268–0001.

The technical conference will be held at

the above address.

FOR FURTHER INFORMATION CONTACT:

Stephen L. Sharfman, 202–789–6820.

SUPPLEMENTARY INFORMATION: The

Commission is issuing this document to

solicit comments on procedures,

currently under consideration, to permit

the filing of documents electronically

(filing online). In addition, the

Commission hereby gives notice of a

technical conference to address the

filing online process. Following the

technical conference, the Commission

expects to issue a notice of proposed

rulemaking to revise its rules of practice

and procedure to reflect the availability

of filing online.

Consistent with government-wide

initiatives to allow for the electronic

filing and storage of documents in lieu

of paper (hardcopy),1 the Commission is

in the process of developing procedures

to accept the filing of documents

electronically (filing online). To that

end, the Commission recently updated

its web site (www.prc.gov) by

introducing a new option to enable

parties to download multiple

documents simultaneously. This feature

simplifies and expedites the

downloading process.

While participation will not be

mandatory, the Commission anticipates

general use of filing online given the

significant savings associated with

electronic filing coupled with the

widespread and growing access to the

Internet. Filing online should reduce the

cost of participating in proceedings

before the Commission substantially

because the need to serve parties will be

virtually, if not entirely, eliminated.

Thus, substantial preparation costs will

be avoided. In addition, filing online

should enable participants to operate

more efficiently. For example, the

process of submitting documents for

filing will be greatly simplified;

transaction costs associated with the

actual filing of a hard copy, in addition

to those for printing and postage, will be

eliminated; any confusion over service

dates will be avoided; and participants

will have access to documents sooner,

in both a PDF (portable document

format) that accurately reflects the

document filed and that is more

efficient to download, and an RTF (rich

text format) that can be more easily used

in preparing other documents (such as

discovery responses). Moreover, the

system will contain safeguards ensuring

participants’ control over their

documents prior to filing and that only

documents that a participant wishes to

file will be filed.