Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Proposed Rules 18381

commensurate with the public health

and safety and environmental

considerations present at that specific

site. In no case shall Ohio conduct less

than one complete inspection per

calendar year at each abandoned

operation.

Before changing to an alternate

inspection frequency for an abandoned

operation, Ohio will first conduct a

complete inspection of the operation,

prepare a written finding justifying the

inspection frequency selected for the

operation, and publish a public notice

of the State’s intent to change to the less

frequent inspection schedule for the

operation. The notice shall provide the

public with a 30-day period in which to

submit written comments on the State’s

proposed change to less frequent

inspections of the specified operation.

III. Public Comment Procedures

In accordance with the provisions of

30 CFR 732.17(h), OSM is now seeking

comment 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

Ohio program.

Written Comments

Written comments should be specific,

pertain only to the issues proposed in

this rulemaking, and include

explanations in support of the

commenter’s recommendations.

Comments received after the time

indicated under DATES or at locations

other than the Columbus Field Office

will not necessarily be considered in the

final rulemaking or included in the

Administrative Record.

Public Hearing

Persons wishing to speak at the public

hearing should contact the person listed

under FOR FURTHER INFORMATION

CONTACT by 4:00 p.m., E.D.T. on April

26, 1995. The location and time of the

hearing will be arranged with those

persons requesting the hearing. If no one

requests an opportunity to comment at

a public hearing, the hearing will not be

held.

Filing of a written statement at the

time of the hearing is requested as it

will greatly assist the transcriber.

Submission of written statements in

advance of the hearing will allow OSM

officials to prepare adequate responses

and appropriate questions.

The public hearing will continue on

the specified date until all persons

scheduled to comment have been heard.

Persons in the audience who have not

been scheduled to comment and who

wish to do so will be heard following

those scheduled. The hearing will end

after all persons scheduled to comment

and persons present in the audience

who wish to comment have been heard.

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 comment at a hearing, a

public meeting, rather than a public

hearing, may be held. Persons wishing

to meet with OSM representatives to

discuss the proposed amendment may

request a meeting at the Columbus Field

Office by contacting the person listed

under FOR FURTHER INFORMATION

CONTACT. All such meetings shall be

open to the public and, if possible,

notices of the meetings will be posted at

the locations listed under ADDRESSES. A

written summary of each public meeting

will be made a part of the

Administrative Record.

IV. Procedural Determinations

Executive Order 12866

This rule is exempted from review by

the Office of Management and budget

(OMB) under Executive Order 12866

(Regulatory Planning and Review).

Executive Order 12778

The Department of the Interior has

conducted the reviews required by

section 2 of Executive Order 12778

(Civil Justice Reform) and has

determined that, to the extent allowed

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 since each such

program is drafted and promulgated by

a specific State, not by OSM. Under

sections 5034 and 505 of SMCRA (30

U.S.C. 1253 and 1255) and 30 CFR

730.11, 732.15, and 732.17(h)(10),

decisions on proposed State regulatory

programs and program amendments

submitted by the States must be based

solely on a determination of whether the

submittal is consistent with SMCRA and

its implementing Federal regulations

and whether the other requirements of

30 CFR Parts 730, 731, and 732 have

been met.

National Environmental Policy Act

No environmental impact statement is

required for this rule since section

702(d) of SMCRA (30 U.S.C. 1292(d))

provides that agency decisions on

proposed State regulatory program

provisions do not constitute major

Federal actions within the meaning of

section 102(2)(C) of the National

Environmental Policy Act (42 U.S.C.

4332(2)(C)).

Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by OMB under the

Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

Regulatory Flexibility Act

The Department of the Interior 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 corresponding 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

corresponding Federal regulations.

List of Subjects in 30 CFR Part 935

Intergovernmental relations, Surface

mining, Underground mining.

Dated: April 5, 1995.

Richard J. Seibel,

Acting Assistant Director, Eastern Support

Center.

[FR Doc. 95–8888 Filed 4–10–95; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 948

West Virginia Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Announcement of public

comment period and opportunity for

public hearing.

SUMMARY: OSM is requesting public

comment that would considered in

deciding how to implement in West

Virginia, underground coal mine

subsidence control and water

replacement provisions of the Surface

Mining Control and Reclamation Act of

1977 (SMCRA), the implementing

Federal regulations, and/or the

counterpart State provisions. Recent

amendments to SMCRA and the
18382 Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Proposed Rules

implementing Federal regulations

require that underground coal mining

operations conducted after October 24,

1992, promptly repair or compensate for

subsidence-caused material damage to

noncommercial buildings and to

occupied dwellings and related

structures. These provisions also require

such operations to promptly replace

drinking, domestic, and residential

water supplies that have been adversely

affected by underground coal mining.

OSM must decide if the West Virginia

regulatory program (hereinafter referred

to as the ‘‘West Virginia program’’)

currently has adequate counterpart

provisions in place to promptly

implement the recent amendments to

SMCRA and the Federal regulators.

After consultation with West Virginia

and consideration of public comments,

OSM will decide whether initial

enforcement in West Virginia will be

accomplished through the State program

amendment process or by State

enforcement, by interim direct OSM

enforcement, or by joint State and OSM

enforcement.

DATES: Written comments must be

received by 4:00 p.m., E.D.T. on May 11,

1995. If requested, OSM will hold a

public hearing on May 8, 1995

concerning how the underground coal

mine subsidence control and water

replacement provisions of SMCRA and

the implementing Federal regulations,

or the counterpart State provisions

should be implemented in West

Virginia. Requests to speak at the

hearing must be received by 4:00 p.m.,

E.D.T. on April 26, 1995.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand-delivered to James C.

Blankenship, Jr., Director, Charleston

Field Office at the address listed below.

Copies of the applicable parts of the

West Virginia program, SMCRA, the

implementing Federal regulations,

information provided by West Virginia

concerning its authority to implement

State counterparts to SMCRA and the

implementing Federal regulations, a

listing of any scheduled public hearings,

and all written comments received in

response to this document will be

available for public review at the

address listed below during normal

business hours, Monday through Friday,

excluding holidays.

James C. Blankenship, Jr. Director,

Charleston Field Office, Office of

Surface Mining Reclamation and

Enforcement, 1027 Virginia Street

East, Charleston, West Virginia

25301–2816, Telephone: (304) 347–

7158

In addition, copies of the applicable

portions of the approved State program

and information provided by West

Virginia concerning its authority to

implement the State counterparts to

section 720 of SMCRA and its

implementing regulations are available

for review 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

26506, Telephone: (304) 291–4004

Office of Surface Mining Reclamation

and Enforcement, Beckley Area

Office, 323 Harper Park Drive, Suite 3,

Beckley, West Virginia 25801,

Telephone: (304) 255–5265.

Office of Surface Mining Reclamation

and Enforcement, Logan Area Office,

313 Hudgins Street, 2nd Floor, P.O.

Box 506, Logan, West Virginia 25601,

Telephone: (304) 752–2851

FOR FURTHER INFORMATION CONTACT:

James C. Blankenship, Jr., Director,

Charleston Field Office, Telephone:

(304) 347–7158.

SUPPLEMENTARY INFORMATION:

I. Background

A. The Energy Policy Act

Section 2504 of the Energy Policy Act

of 1992, Pub. L. 102–486, 106 Stat. 2776

(1992) added new section 720 to

SMCRA. Section 720(a)(1) requires that

all underground coal mining operations

promptly repair or compensate the

owner for subsidence-caused material

damage to noncommercial buildings

and to occupied residential dwellings

and related structures. Repair of damage

includes rehabilitation, restoration, or

replacement of the structures identified

in section 720(a)(1), and compensation

must be provided to the owner in the

full amount of the reduction in value of

the damaged structures as a result of

subsidence. Section 720(a)(2) requires

prompt replacement of certain

identified water supplies if those

supplies have been adversely affected

by underground coal mining operations.

The provisions requiring prompt

repair or compensation for damage to

structures and prompt replacement of

water supplies went into effect upon

passage of the Energy Policy Act on

October 24, 1992. As a result,

underground coal mine permittees in

States with OSM-approved regulatory

programs are required to comply with

these provisions for operations

conducted after October 24, 1992.

B. The Federal Regulations

Implementing the Energy Policy Act

On March 31, 1995, OSM

promulgated regulations at 30 CFR Part

817 to implement the performance

standards of sections 720(a) (1) and (2)

of SMCRA (60 FR 16722–16751).

30 CFR 817.121(c)(2) requires in part

that:

The permittee must promptly repair, or

compensate the owner for, material damage

resulting from subsidence caused to any noncommercial building or occupied residential

dwelling or structure related thereto that

existed at the time of mining. * * * The

requirements of this paragraph apply only to

subsidence-related damage caused by

underground mining activities conducted

after October 24, 1992.

30 CFR 817.41(j) requires in part that:

The permittee must promptly replace any

drinking, domestic or residential water

supply that is contaminated, diminished or

interrupted by underground mining activities

conducted after October 24, 1992, if the

affected well or spring was in existence

before the date the regulatory authority

received the permit application for the

activities causing the loss, contamination or

interruption.

30 CFR 843.25 provides that by July

31, 1995, OSM will decide, in

consultation with each State regulatory

authority with an approved program,

how enforcement of the new

requirements will be accomplished. As

discussed below, enforcement may be

accomplished through the 30 CFR Part

732 State program amendment process,

or by State, OSM, or joint State and

OSM enforcement of the requirements.

OSM will decide which of the following

enforcement approaches to pursue.

(1) State program amendment

process. If the State’s promulgation of

regulatory provisions that are

counterpart to 30 CFR 817.41(j) and

817.121(c)(2) is imminent, the number

and extent of underground mines that

have operated in the State since October

24, 1992, is low, the number of

complaints in the State concerning

section 720 of SMCRA is low, or the

State’s investigation of subsidencerelated complaints has been thorough

and complete so as to assure prompt

remedial action, then OSM could decide

not to directly enforce the Federal

provisions in the State. In this situation,

the State would enforce its State

statutory and regulatory provisions once

it has amended its program to be in

accordance with the revised SMCRA

and to be consistent with the revised

Federal regulations. This program

revision process, which is addressed in

the Federal regulations at 30 CFR Part

732, is commonly referred to as the

State program amendment process.
Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Proposed Rules 18383

(2) State enforcement. If the State has

statutory or regulatory provisions in

place that correspond to all of the

requirements of the above-described

Federal regulations at 30 CFR 817.41(j)

and 817.121(c)(2) and the State has

authority to implement its statutory and

regulatory provisions for all

underground mining activities

conducted after October 24, 1992, then

the State would enforce its provisions

for these operations.

(3) Interim direct OSM enforcement. If

the State does not have any statutory or

regulatory provisions in place that

correspond to the requirements of the

Federal regulations at 30 CFR 817.41(j)

and 817.121(c)(2), then OSM would

enforce in their entirety 30 CFR

817.41(j) and 817.121(c)(2) for all

underground mining activities

conducted in the State after October 24,

1992.

(4) State and OSM enforcement. If the

State has statutory or regulatory

provisions in place that correspond to

some but not all of the requirements of

the Federal regulations at 30 CFR

817.41(j) and 817.121(c)(2) and the State

has authority to implement its

provisions for all underground mining

activities conducted after October 24,

1992, then the State would enforce its

provisions for these operations. OSM

would then enforce those provisions of

30 CFR 817.41(j) and 817.121(c)(2) that

are not covered by the State provisions

for these operations.

If the State has statutory or regulatory

provisions in place that correspond to

some but not all of the requirements of

the Federal regulations at 30 CFR

817.41(j) and 817.121(c)(2) and if the

State’s authority to enforce its

provisions applies to operations

conducted on or after some date later

than October 24, 1992, the State would

enforce its provisions for those

operations on and after the provisions’

effective date. OSM would then enforce

30 CFR 817.41(j) and 817.121(c)(2) to

the extent the State statutory and

regulatory provisions do not include

corresponding provisions applicable to

all underground mining activities

conducted after October 24, 1992; and

OSM would enforce those provisions of

30 CFR 817.41(j) and 817.121(c)(2) that

are included in the State program but

are not enforceable back to October 24,

1992, for the time period from October

24, 1992, until the effective date of the

State’s rules.

As described in item numbers (3) and

(4) above, OSM would directly enforce

in total or in part its Federal statutory

or regulatory provisions until the State

adopts and OSM approves, under 30

CFR Part 732, the State’s counterparts to

the required provisions. However, as

discussed in item number (1) above,

OSM could decide not to initiate direct

Federal enforcement and rely instead on

the 30 CFR Part 732 State program

amendment process.

In those situations where OSM

determined that direct Federal

enforcement was necessary, the ten-day

notice provisions of 30 CFR 843.12(a)(2)

would not apply. That is, when on the

basis of a Federal inspection OSM

determined that a violation of 30 CFR

817.41(j) or 817.121(c)(2) existed, OSM

would issue a notice of violation or

cessation order without first sending a

ten-day notice to the State.

Also under direct Federal

enforcement, the provisions of 30 CFR

817.121(c)(4) would apply. This

regulation states that if damage to any

noncommercial building or occupied

residential dwelling or structure related

thereto occurs as a result of earth

movement within an area determined by

projecting a specified angle of draw

from the outermost boundary of any

underground mine workings to the

surface of the land (normally a 30

degree angle of draw), a rebuttable

resumption exists that the permittee

caused the damage.

Lastly, under direct Federal

enforcement, OSM would also enforce

the new definitions at 30 CFR 701.5 of

‘‘drinking, domestic or residential water

supply,’’ ‘‘material damage,’’ ‘‘noncommercial building,’’ ‘‘occupied

dwelling and structures related thereto,’’

and ‘‘replacement of water supply’’ that

were adopted with the new

underground mining performance

standards.

OSM would enforce 30 CFR 701.5,

817.41(j), and 817.121(c)(2) and (4) for

operations conducted after October 24,

1992.

C. Enforcement in West Virginia

By letter to West Virginia dated

December 16, 1994, OSM requested

information from West Virginia that

would help OSM decide which

approach to take in West Virginia to

implement the new requirements of

section 720(a) of SMCRA and the

implementing Federal regulations

(Administrative Record No. WV 965).

By letter dated January 11, 1995, West

Virginia responded to this OSM request

(Administrative Record No. WV 966).

On January 11, 1995, the West

Virginia Division of Environmental

Protection (WVDEP) notified OSM that

there were approximately 650 active

underground coal mines operating in

West Virginia at the time. West Virginia

stated that it believed the existing State

program provisions are adequate to fully

implement the letter and intent of

section 720 of SMCRA. WVDEP further

explained that its continued

enforcement of its State program

provisions at §§ 22A–3–14(b)(1) and

22A–3–24(b) of the West Virginia Code

and/or West Virginia Code of State

Regulations (CSR) §§ 38–2–14.5(h) and

38–2–16.2 would ensure compliance

with section 720 of SMCRA.

West Virginia noted that § 22A–3–

24(b) of the West Virginia Code allows

for a waiver of water replacement rights

by current landowners. According to

WVDEP, this is part of a program

amendment that is under review by

OSM.

West Virginia also acknowledged that

since WVDEP revised its rules on June

1, 1991, it has been requiring operators

to either correct material damage

resulting from subsidence caused to any

structures or facilities by repairing the

damage or compensate the owners of

such structures or facilities in the full

amount of the diminution in value

resulting from subsidence. In addition,

West Virginia issued a policy directive

on March 23, 1993, which provides that

permits issued before June 1, 1991, and

which have a waiver to subside without

liability are exempt from the new

requirements. Permits issued prior to

June 1, 1991, without waivers and all

permits issued after that date are

required to comply with the revised

regulations.

OSM estimates that West Virginia has

investigated approximately 190 citizen

complaints between June 1, 1991, and

October 24, 1992, and approximately

330 citizen complaints after October 24,

1992, that allege subsidence-caused

structural damage and/or water supply

loss or contamination as a result of

underground mining operations. To

date, West Virginia has investigated

these complaints and determined that

the problems: (1) Were not caused by

mining, (2) were caused by mining with

resultant enforcement and/or corrective

measures taken, or (3) are problems

under continuing investigation to

determine whether caused by mining.

II. Public Comment Procedures

OSM is requesting public comment to

assist OSM in making its decision on

which approach to use in West Virginia

to implement the underground coal

mine performance standards of section

720(a) of SMCRA, the implementing

Federal regulations, and any counterpart

State provisions.

A. Written Comments

Written comments should be specific,

pertain only to the issues addressed in

this notice, and include explanations in
18384 Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Proposed Rules

support of the commenter’s

recommendations. Comments received

after the time indicated under DATES or

at locations other than the Charleston

Field Office will not necessarily be

considered in OSM’s final decision or

included in the Administrative Record.

B. Public Hearings

Persons wishing to speak at the public

hearing should contact the person listed

under FOR FURTHER INFORMATION

CONTACT by 4:00 p.m., E.D.T. on April

26, 1995. The location and time of the

hearing will be arranged with those

persons requesting the hearing. If no one

requests an opportunity to testify at the

public hearing, the hearing will not be

held.

Filing of a written statement at the

time of the hearing is requested as it

will greatly assist the transcriber.

Submission of written statements in

advance of the hearing will allow OSM

officials to prepare adequate responses

and appropriate questions.

The public hearing will continue on

the specified date until all persons

scheduled to speak have been heard.

Persons in the audience who have not

been scheduled to speak, and who wish

to do so, will be heard following those

who have been scheduled. The hearing

will end 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.

C. Public Meeting

If only a few persons request an

opportunity to speak at a hearing, a

public meeting, rather than a public

hearing, may be held. Persons wishing

to meet with OSM representatives to

discuss recommendations on how OSM

and West Virginia should implement

the provisions of section 720(a) of

SMCRA, the implementing Federal

regulations, and/or the counterpart State

provisions, 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.

Dated: April 5, 1995.

Richard J. Seibel,

Acting Assistant Director, Eastern Support

Center.

[FR Doc. 95–8889 Filed 4–10–95; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development

Corporation

33 CFR Part 402

Tariff of Tolls: Proposed Revision

AGENCY: Saint Lawrence Seaway

Development Corporation, DOT.

ACTION: Notice of Proposed Rulemaking.

SUMMARY: The Saint Lawrence Seaway

Development Corporation and the St.

Lawrence Seaway Authority of Canada

have jointly established and presently

administer the St. Lawrence Seaway

Tariff of Tolls. This Tariff sets forth the

level of tolls assessed on all

commodities and vessels transiting the

facilities operated by the Corporation

and the Authority. To improve the

competitiveness of the Seaway, the

Corporation and the Authority are

proposing that the Tariff charges for the

1995 season under the Tariff Schedule

be the same as for the 1994 season. In

addition, the Corporation and the

Authority are proposing, for competitive

purposes, that the Incentive Tolls

Program be continued and that the

volume rebate be revised to broaden the

base years and clarify the reporting

requirements for the volume rebate.

DATES: Any party wishing to present

views or data on the proposed revision

may file comments with the Corporation

on or before May 11, 1995.

ADDRESSES: Send comments to Marc C.

Owen, Chief Counsel, Saint Lawrence

Seaway Development Corporation, 400

Seventh Street, S.W., Washington, D.C.

20590.

FOR FURTHER INFORMATION CONTACT:

Marc C. Owen, Chief Counsel, Saint

Lawrence Seaway Development

Corporation, 400 Seventh Street, S.W.,

Washington, D.C. 20590, (202) 366–

0091.

SUPPLEMENTARY INFORMATION: In an

effort to improve the Seaway’s

competitiveness, it is proposed to

continue the section 402.8, the Schedule

of Tolls, charges for the 1995 at the 1994

season levels. Accordingly, no change

would be required to the Schedule as it

now appears.

The Corporation and the Authority

also are proposing, for competitive

purposes, that the Incentive Tolls

Program be continued and be revised. In

section 402.9, the discount for new

business, subsection (a) would be

amended to reflect its applicability to

the 1995 navigation season and

subsection (c) would be amended in

part to change the base years for

calculating the discount from 1991

through 1993 to 1992 through 1994. In

section 402.11, volume rebates,

subsection (a) would be amended to

reflect its applicability to the 1995

navigation season and subsections (b)

and (c) would be amended to change the

base years for calculating the rebate

from three years, 1991 through 1993, to

four years, 1991 through 1994. The base

years for the subsection (c) proviso on

mergers or take-overs would also be

changed from 1991 through 1994 to

1991 through 1995. Finally, subsection

(d) would be amended to change the

submission date for the traffic history

description for the purposes of

calculating the rebate to the end of the

1995 season and to clarify what specific

information is required, i.e., the

shipper’s or receiver’s Seaway traffic

history for 1991, 1992, 1993, 1994, and

1995 by port, vessel name, transit date,

commodity description, and tonnage.

Regulatory Evaluation

This proposed regulation involves a

foreign affairs function of the United

States, and therefore, Executive Order

12866 does not apply. This proposed

regulation has also been evaluated

under the Department of

Transportation’s Regulatory Policies and

Procedures and the proposed regulation

is not considered significant under

those procedures and its economic

impact is expected to be so minimal that

a full economic evaluation is not

warranted.

Regulatory Flexibility Act

Determination

The Saint Lawrence Seaway

Development Corporation certifies that

this proposed regulation, if adopted,

would not have a significant economic

impact on a substantial number of small

entities. The Saint Lawrence Seaway

Tariff of Tolls relates to the activities of

commercial users of the Seaway, the

vast majority of whom are foreign vessel

operators. Therefore, any resulting costs

will be borne mostly by foreign vessels.

Environmental Impact

This proposed regulation does not

require an environmental impact

statement under the National

Environmental Policy Act (49 U.S.C.

4321, et seq.) because it is not a major

federal action significantly affecting the

quality of human environment.