Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Proposed Rules 19881

Customs by extending the geographical

limits of the port of Columbus, Ohio, to

include Rickenbacker Airport which is

currently operating as a user fee airport.

The comment period is being extended

another 30 days.

DATES: Comments are requested on or

before May 31, 1996.

ADDRESSES: Comments (preferably in

triplicate) may be addressed to the

Regulations Branch, U.S. Customs

Service, Franklin Court, 1301

Constitution Avenue, N.W.,

Washington, D.C. 20229 and inspected

at Franklin Court, 1099 14th Street,

N.W., Suite 4000, Washington, D.C.

FOR FURTHER INFORMATION CONTACT:

Harry Denning, Office of Field

Operations, (202) 927–0196.

SUPPLEMENTARY INFORMATION: A

document was published in the Federal

Register (61 FR 8001) on March 1, 1996,

proposing to amend the Customs

Regulations pertaining to the field

organization of Customs by extending

the geographical limits of the port of

Columbus, Ohio, to include

Rickenbacker Airport which is currently

operating as a user fee airport. The

document further stated that if the

boundaries of the port are extended as

proposed, the Customs Regulations

would also be amended to remove

Rickenbacker Airport’s designation as a

user fee airport. Customs solicited

comments on the proposal and

comments were due by April 30, 1996.

Customs has received a request to

extend the comment period to allow

interested parties to have more time to

consider the proposal as the long-term

economic development interests of the

Greater Columbus Community make it

imperative that there be full

consideration of the proposal. Customs

believes the request has merit.

Accordingly, the period of time for the

submission of comments is being

extended 30 days.

All comments submitted will be

available for public inspection in

accordance with the Freedom of

Information Act (5 U.S.C. 552), section

1.4, Treasury Department Regulations

(31 CFR 1.4), and section 103.11(b),

Customs Regulations (19 CFR

103.11(b)), between 9:00 a.m. and 4:30

p.m. on normal business days, at the

address stated above.

Dated: April 30, 1996.

Marvin M. Amernick,

Acting Assistant Commissioner, Office of

Regulations and Rulings.

[FR Doc. 96–11164 Filed 5–02–96; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 904

[SPATS No. AR–027–FOR]

Arkansas 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 Arkansas

regulatory program (hereinafter the

‘‘Arkansas program’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). The proposed

amendment was submitted at the State’s

own initiative and consists of revisions

to and additions of regulations

pertaining to remining, water

replacement, subsidence damage repair/

compensation, and enforcement.

Arkansas also proposes to remove

duplicated regulation sections for

surface and underground mining permit

applications pertaining to general

requirements for the description of

hydrology and geology, groundwater

information, surface water information,

alternative water supply information,

and fish and wildlife resources

information. The amendment is

intended to incorporate the additional

flexibility afforded by the revised

Federal regulations, and to enhance the

enforcement of the State program.

DATES: Written comments must be

received by 4:00 p.m., c.d.t., June 3,

1996. If requested, a public hearing on

the proposed amendment will be held

on May 28, 1996. Requests to speak at

the hearing must be received by 4:00

p.m., c.d.t. on May 20, 1996.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to Mr. Jack

R. Carson, Acting Director, Tulsa Field

Office, at the address listed below.

Copies of the Arkansas program, the

proposed amendment, a listing of any

scheduled public hearings, and all

written comments received in response

to this document will be available for

public review at the addresses listed

below during normal business hours,

Monday through Friday, excluding

holidays. Each requester may receive

one free copy of the proposed

amendment by contacting OSM’s Tulsa

Field Office.

Jack R. Carson, Acting Director, Tulsa

Field Office, Office of Surface Mining

Reclamation and Enforcement, 5100

East Skelly Drive, Suite 470, Tulsa,

Oklahoma 74135–6547, Telephone:

(918) 581–6430.

Arkansas Department of Pollution

Control and Ecology, Surface Mining

and Reclamation Division, 8001

National Drive, Little Rock, Arkansas

72219–8913, Telephone (501) 682–

0744.

FOR FURTHER INFORMATION CONTACT: Mr.

Jack Carson, Acting Director, Tulsa

Field Office, Telephone: (918) 581–

6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Arkansas

Program

On November 21, 1980, the Secretary

of the Interior conditionally approved

the Arkansas program. Background

information on the Arkansas program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the November 21, 1980, Federal

Register (45 FR 77003). Arkansas

amended its program by submitting

provisions that satisfied all of the

conditions of the Secretary’s approval of

November 21, 1980. Effective January

22, 1982, OSM removed the conditions

of the approval of the Arkansas

permanent regulatory program.

Information on the removal of the

conditions can be found in the January

22, 1982, Federal Register (47 FR 3108).

Subsequent actions concerning the

conditions of approval and program

amendments can be found at 30 CFR

904.12, 904.15, and 904.16.

II. Description of the Proposed

Amendment

By letter dated April 2, 1996

(Administrative Record No. AR–557),

Arkansas submitted a proposed

amendment to its program pursuant to

SMCRA. Arkansas submitted the

proposed amendment at its own

initiative. The provisions of the

Arkansas Surface Coal Mining and

Reclamation Code (ASCMRC) that

Arkansas proposes to amend are:

A. Subchapter A—General

1. ASCMRC Section

700.10(b) Termination of Jurisdiction

Arkansas proposed to add this

paragraph to include provisions for

termination of jurisdiction.

2. ASCMRC Section 705.5 Definitions

Arkansas proposes to amend this

section by adding, alphabetically,

definitions of ‘‘drinking, domestic or

residential water supply,’’ ‘‘land eligible

for remining,’’ ‘‘material damage,’’
19882 Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Proposed Rules

‘‘non-commercial building,’’ ‘‘occupied

residential dwelling and structures

related thereto,’’ ‘‘previously mined

areas,’’ ‘‘replacement of water supply,’’

and ‘‘unanticipated event or condition.’’

B. Subchapter G—Surface Coal Mining

and Reclamation Operations Permits

and Coal Exploration Procedures

Systems

1. ASCMRC Section 771.12(h)

Procedures

Arkansas proposes to amend this

section by replacing the incorrect

reference to Sections 787.11(b) and

787.12(b)(1) with a reference to Sections

787.11 and 787.12.

2. ASCMRC Section 771.25(b) Permit

Fees

Arkansas proposes to amend this

section by replacing the calculation of

the annual administration and

enforcement fee on a per affected acre

basis with a flat fee of $600.00 per year

through the life of the permit.

3. ASCMRC Section 778.14(c)

Compliance Information

Arkansas proposes to amend this

section by replacing all existing

language except for the last sentence of

the paragraph.

4. ASCMRC Section 778.18 Personal

Injury and Property Insurance

Information

Arkansas proposes to amend this

section by removing the reference to

Part 806 and adding a reference to

Section 800.60.

5. ASCMRC Section 779.19(b)

Vegetation Information

Arkansas proposes to amend this

section by replacing the reference to

Part 779.20 with a reference to Section

780.16.

6. ASCMRC Section 779.22 Land Use

Information

Arkansas proposes to remove this

section and to incorporate its provisions

into Section 780.23.

7. ASCMRC Section 779.25(k) Crosssections, Maps, and Plans

Arkansas proposes to remove and

reserve this section.

8. ASCMRC Sections 780.21 and 784.14

Hydrologic Information

Arkansas proposes to amend Section

780.21 by inserting a new subparagraph

(f)(3)(v). Also, through an inadvertent

oversight, Section 784.14 was not

updated when Section 780.21 was

amended in 1988. Therefore, Arkansas

proposes to amend Section 784.14 by

renaming the heading, by deleting the

inappropriate reference to Section

780.21(b)(3) and referencing instead

Sections 780.21(e) and 780.21(f)(3)(iii)

as inapplicable to underground

operations, and inserting a reference to

new paragraph Section 780.21(f)(3)(v).

Additionally, through an apparent

typographical error, the heading for

Section 784.15 had been deleted making

it appear that section 784.14 also

references Section 780.23. Moreover,

this reference incorrectly excluded

Section 780.23(a)(2) from consideration

for underground mining operations.

Therefore, Section 784.14 is further

amended by deleting the reference to

Section 780.23 and placing the

corrected reference under relisted

Section 784.15.

9. ASCMRC Sections 780.23 and 784.15

Land Use Information

Arkansas proposes to amend Section

780.23 by replacing it in its entirety.

Additionally, through an apparent

typographical error, the heading for

Section 784.15 had been deleted making

it appear that Section 784.14 also

references Section 780.23. Moreover,

this reference incorrectly excluded

Section 780.23(a)(2) from consideration

for underground mining operations.

Therefore, Arkansas proposes to relist

the heading for Section 784.15, and to

place the reference to Section 780.23

under this section.

10. ASCMRC Sections 780.25 and

784.16 Ponds, Impoundments, Banks,

Dams and Embankments

Arkansas proposes to amend Sections

780.25 and 7847.16 by replacing the

term ‘‘Pond’’ in the heading with

‘‘Siltation Structures.’’ Also, Section

780.25 is proposed to be amended by

replacing the terms ‘‘pond and

sedimentation ponds’’ with ‘‘siltation

structures’’ in paragraphs (a) and (b), by

adding the phrase ‘‘and a detailed

design plan’’ to paragraph (a), by

replacing the impoundment

classification criteria in paragraphs

(a)(2), (a)(3), and (f), by replacing the

references to now-removed Sections

816.91 through 816.93 in paragraphs

(a)(3) (i) and (e) with a reference to

Sections 816.81 through 816.84, by

replacing the existing language in

paragraph (c), and by revising the

referenced sections in paragraph (d)

from 816.85 to 816.84.

11. ASCMRC Section 783.22 Land Use

Information

Arkansas proposes to remove this

section and consolidate its provisions

into amended Section 783.23.

12. ASCMRC Section 784.20

Subsidence Control

Arkansas proposes to amend this

section by removing all existing

language and adding new provisions for

presubsidence surveys and subsidence

control plans.

13. ASCMRC Section 784.25(a) Return

of Coal Processing Waste to Abandoned

Underground Workings

Arkansas proposes to amend this

subsection by revising the reference to

Section 816.88 with a reference to

Section 816.81(f).

14. ASCMRC Section 785.25 Lands

Eligible for Remining

Arkansas proposes to add new

Section 785.25 pertaining to permitting

requirements for lands eligible for

remining.

15. ASCMRC Section 786.5(b)

Definitions

Arkansas proposes to amend this

subsection by revising the introductory

text; by rearranging, alphabetically, the

existing definitions; and by inserting

alphabetically, definitions for

‘‘Applicant/Violator System or AVS,’’

‘‘Federal violation notice,’’ ‘‘Ownership

or control link,’’ ‘‘State violation

notice,’’ and ‘‘violation notice.’’

16. ASCMRC Section 786.11(c)(2)

Public Notices of Filing of Permit

Applications

Arkansas proposes to amend this

subsection by replacing the reference to

Section 783.20 with a reference to

Section 780.16.

17. ASCMRC Section 786.17(c) Reveiw

of Violations

Arkansas proposes to amend Section

786.17 by revising paragraph (c)(1), by

adding an additional qualifying phrase

to paragraph (c)(2) regarding permits

which will be conditionally issued, and

by adding new paragraph (c)(4)

regarding an exception to the

prohibitions of paragraph (b).

18. ASCMRC Section 786.19(g)–(r)

Criteria for Permit Approval or Denial

Arkansas proposes to amend this

section by adding new paragraphs (q)

and (r) pertaining to lands eligible for

remining.

19. ASCMRC Section 786.30

Improvidently Issued Permits: General

Procedures

Arkansas proposes to amend this

section by revising paragraphs (b) and

(c), by renumbering the existing

subparagraphs under (b) and (c), and by

adding new paragraphs (b)(2) and (c)(2)
Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Proposed Rules 19883

pertaining to when an ownership and

control link may be challenged under

Section 786.35.

20. ASCMRC Section 786.31

Improvidently Issued Permits:

Rescission Procedures

Arkansas proposes to amend this

section by replacing the reference to

Section 786.30(c)(4) with

786.30(c)(1)(iv), by adding a qualifying

phrase regarding the provisions of

proposed Section 786.35 to paragraph

(a), and by deleting the right to appeal

provisions of paragraph (c) which are

now incorporated in Section 786.30.

21. ASCMRC Section 786.32

Verification of Ownership or Control

Application Information

Arkansas proposes to add new

Section 786.32 pertaining to verification

of ownership or control application

information through manual data

sources and automated data sources.

22. ASCMRC Section 786.33 Review of

Ownership or Control Violation

Information

Arkansas proposes to add new

Section 786.33 pertaining to the review

of violation notices and ownership or

control links to determine whether the

application can be approved.

23. ASCMRC Section 786.34

Procedures for Challenging Ownership

or Control Links Shown in AVS

Arkansas proposes to add new

Section 786.34 pertaining to procedures

for challenging ownership or control

links shown in the AVS.

24. ASCMRC Section 786.35

Standards for Challenging Ownership or

Control Links and the Status of

Violations

Arkansas proposes to add new

Section 786.35 pertaining to the

standards for challenging ownership or

control links shown in the AVS.

25. ASCMRC Section 788.14(a)(3)

Permit Renewals: Completed

Applications

Arkansas proposes to amend this

subsection by replacing the reference to

Section 806.14 with a reference to

Section 800.60.

C. Subchapter H—Small Operator

Assistance

1. ASCMRC Section 795.12 Program

Services and Data Requirements

Arkansas proposes to revise the

provisions in this section pertaining to

its small operator assistance program

(SOAP) and to revise the section title

from ‘‘Program Services’’ to ‘‘Program

Services and Data Requirements.’’ This

amended section includes the

provisions of former Section 795.16

Data Requirements.

2. ASCMRC Section 795.13(a)(2)

Eligibility for Assistance

Arkansas proposes to amend

paragraph (a)(2) by changing the

liability period and increasing the

production level to 300,000 tons with

respect to operator eligibility.

3. ASCMRC Section 795.16 Data

Requirements

Arkansas proposes to remove this

section and combine it with amended

Section 795.12 Program Services and

Data Requirements.

4. ASCMRC Section 795.17 Qualified

Laboratories

Arkansas proposes to amend this

section by revising the definition of

‘‘qualified laboratory’’ in paragraph

(a)(1) and by replacing the references of

Sections 795.16 (b)(1) and (b)(2) in

paragraph (b)(2) with Sections 795.12

(b)(1) and (b)(2).

5. ASCMRC Section 795.19 Applicant

Liability

Arkansas proposes to amend this

section by raising the production level

to 300,000 tons and reducing the

liability period, and by making other

minor changes.

D. Subchapter J—Bond Insurance

Requirements for Surface Coal Mining

and Reclamation Operations

1. Part 800—General Requirements for

Bonding of Surface Coal Mining and

Reclamation Operations Under the State

Program

Arkansas proposes to amend

Subchapter J by deleting all existing

language from Part 800, and by

removing Parts 805, 806, 807, and 808,

and consolidating the provisions of

these removed Parts into amended Part

800. Arkansas also proposes to change

the title of Part 800 from ‘‘General

Requirements for Bonding of Surface

Coal Mining and Reclamation

Operations Under the State Program’’ to

‘‘Bond and Insurance Requirements for

Surface Coal Mining and Reclamation

Operations Under the State Program.’’

E. Subchapter K—State Program

Performance Standards

1. ASCMRC Section 816.41 Hydrologic

Balance Protection

Arkansas proposes to amend this

section by adding new paragraph (e)

pertaining to permittees replacing a

drinking, domestic or residential water

supply that is adversely impacted by

underground mining activities.

2. ASCMRC Section 816.46 Hydrologic

Balance: Siltation Structures

Arkansas proposes to amend this

section by expanding the definition of

‘‘other treatment facility’’ in paragraph

(a)(3), by suspending paragraph (b)(2),

and by revising paragraph (c)(2)

regarding spillways.

3. ASCMRC Section 816.49

Impoundments

Arkansas proposes to amend this

section by redesigning paragraphs (a)(1)

through (a)(8) as paragraphs (a)(2)

through (a)(9), respectively, and

paragraphs (a)(9) through (a)(11) as

paragraphs (a)(11) through (a)(13),

respectively; by replacing the language

of paragraph (a)(1) with language

pertaining to impoundments meeting

the Class B or C criteria for dams in the

U.S. Department of Agriculture, Soil

Conservation Service (SCS) Technical

Release No. 60; by adding new

paragraph (a)(10) pertaining to high

walls; by revising newly redesignated

paragraphs (a)(4), (a)(5), (a)(6)(i), and

(a)(11), and existing paragraphs (c)(2) (i)

and (ii) by inserting references to the

SCS criteria for dam classification; and

by replacing the existing language of a

newly redesignated paragraph (a)(9)

with language pertaining to spillways.

4. ASCMRC Section 816.81 Coal Mine

Waste: General Requirements

Arkansas proposes to amend this

section by replacing the introductory

text in paragraph (a); by replacing

existing language in paragraph (c)(2)

with language pertaining to design

criteria for a disposal facility; and by

deleting paragraphs (c)(3) and (c)(4).

5. ASCMRC Section 816.82 Coal

Processing Waste Banks: Site Inspection

Arkansas proposes to remove this

section pertaining to inspections of coal

processing waste banks.

6. ASCMRC Section 816.85 Coal

Processing Waste Banks: Construction

Requirements

Arkansas proposes to remove this

section pertaining to the construction of

coal processing waste banks.

7. ASCMRC Section 816.86 Coal

Processing Waste: Burning

Arkansas proposes to remove this

section pertaining to extinguishing coal

processing waste fires.
19884 Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Proposed Rules

8. ASCMRC Section 816.88 Coal

Processing Waste: Return to

Underground Workings

Arkansas proposes to remove this

section pertaining to the return of coal

processing waste to underground mine

workings.

9. ASCMRC Section 816.89 Disposal of

Noncoal Mine Wastes

Arkansas proposes to amend this

section by removing paragraph (d)

pertaining to the handling of hazardous

noncoal mine waste.

10. ASCMRC Section 816.91—816.93

Coal Processing Waste: Dams and

Embankments

Arkansas proposes to remove Sections

816.91, 816.92, and 816.93 and

incorporate their provisions into Section

816.84. Sections 816.91, 816.92, and

816.93 pertain to obtaining State

approval, site preparation, and design

and construction standards,

respectively, before using coal

processing waste to construct dams and

embankments.

11. ASCMRC Section 816.112

Revegetation, Use of Introduced Species

Arkansas proposes to remove this

section pertaining to substituting

introduced species for native species.

12. ASCMRC Section 816.116

Revegetation: Standards for Success

Arkansas proposes to amend this

section by revising paragraph (c)(2) by

deleting the precipitation qualifier and

by adding new subparagraphs (c)(2)(i)

and (c)(2)(ii) pertaining to success

standards for lands eligible for

remining, by deleting paragraph (c)(3)

pertaining to an average annual

precipitation criterion, and by

redesignating paragraph (c)(4) as (c)(3).

13. ASCMRC Section 816.121–U

Subsidence Control: General

Requirements

Arkansas proposes to amend this

section by combining the provisions of

Sections 816.121–U General

requirements, 816.124–U Surface owner

protection, and 816.126–U Buffer zones

into revised Section 816.121–U General

requirements.

14. ASCMRC Section 816.121–U

Subsidence Control: Public Notice

Arkansas proposes to remove the first

sentence of the introductory paragraph

and paragraphs (b) and (c) and insert

language pertaining to notifying

landowners of proposed underground

mining operations.

15. ASCMRC Section 816.124–U and

816.126–U Subsidence Control:

Surface Owner Protection and Buffer

Zones, Respectively

Arkansas proposes to remove these

two sections and incorporate their

provisions under revised Section

816.121–U General requirements.

16. ASCMRC Section 827.12 Coal

Processing Plants: Performance

Standards

Arkansas proposes to replace the

references to Sections 816.91 through

816.93 in paragraph (e) with Section

816.84. Arkansas also proposes to

amend paragraph (g) by replacing the

terms ‘‘solid waste’’ and ‘‘any excavated

materials’’ with ‘‘noncoal mine waste’’

and ‘‘excess spoil,’’ and by rearranging

and revising the referenced sections.

F. Subchapter L—State Program

Inspection and Enforcement Procedures

1. ASCMRC Section 842.11 Inspections

Arkansas proposes to replace all

existing language in paragraphs (c)(1)

through (c)(4), and to add new

paragraphs (d) through (f).

2. ASCMRC Section 842.14 Review of

Adequacy and Completeness of

Inspections

Arkansas proposes to amend this

section by replacing references to

specific sections with more generalized

language.

G. Subchapter R—Abandoned Mine

Land Reclamation

1. ASCMRC Section 874.5 Definitions

Arkansas proposes to amend this

section by revising the definition of ‘‘left

or abandoned in either an unreclaimed

or inadequately reclaimed condition.’’

2. ASCMRC Section 874.12 Eligible

Lands and Water

Arkansas proposes to amend this

section by adding new paragraphs (a)(4)

through (a)(8) pertaining to coal lands

and water eligible for reclamation

activities.

H. The proposed amendment also

consists of removals of duplicative

regulation sections for surface and

underground mining permit

applications pertaining to ASCMRC

Sections 779.13 and 783.13 Description

of hydrology and geology: General

requirements, ASCMRC Sections 779.15

and 783.15 Groundwater information,

ASCMRC Sections 779.16 and 783.16

Surface water information, ASCMRC

Sections 779.17 and 783.17 Alternative

water supply information, and ASCMRC

Sections 779.20 and 783.20 Fish and

wildlife resources information.

III. Public Comment Procedures

In accordance with the provisions of

30 CFR 732.17(h), OSM is 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

Arkansas 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 Tulsa 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., c.d.t. on May 20,

1996. The location and time of the

hearing will be arranged with those

persons requesting the hearing. 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. If no one requests

an opportunity to speak 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.

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. Persons wishing

to meet with OSM representatives to

discuss the proposed amendment may

request a meeting by contacting the

person listed under FOR FURTHER
Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Proposed Rules 19885

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

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 503 and 505 of SMCRA (30

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

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

decisions on proposed State regulatory

programs and program amendments

submitted by the States must be based

solely on a determination of whether the

submittal is consistent with SMCRA and

its implementing Federal regulations

and whether the other requirements of

30 CFR Parts 730, 731, and 732 have

been met.

National Environmental Policy Act

No environmental impact statement is

required for this rule since section

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

provides that agency decisions on

proposed State regulatory program

provisions do not constitute major

Federal actions within the meaning of

section 102(2)(C) of the National

Environmental Policy Act (42 U.S.C.

4332(2)(C)).

Paperwork Reduction Act

This 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 counterpart Federal regulations for

which an economic analysis was

prepared and certification made that

such regulations would not have a

significant economic effect upon a

substantial number of small entities.

Accordingly, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented by the State. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions for the

counterpart Federal regulations.

List of Subjects in 30 CFR Part 904

Intergovernmental relations, Surface

mining, Underground mining.

Dated: April 26, 1996.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

[FR Doc. 96–11022 Filed 5–2–96; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 946

[VA–107–FOR]

Virginia Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing.

SUMMARY: OSM is announcing receipt of

a proposed amendment to the Virginia

regulatory program (hereinafter referred

to as the Virginia program) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

proposed amendment consists of

statutory changes contained in Virginia

House Bill 706 and the implementing

regulations, both of which address

sudden release of accumulated water

from underground coal mine voids. The

amendment is intended to improve the

effectiveness of the Virginia program.

DATES: Written comments must be

received by 4:00 p.m., on June 3, 1996.

If requested, a public hearing on the

proposed amendment will be held on

May 28, 1996. Requests to speak at the

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

on May 20, 1996.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to Mr.

Robert A. Penn, Director, Big Stone Gap

Field Office at the first address listed

below.

Copies of the Virginia program, the

proposed amendment, a listing of any

scheduled public hearings, and all

written comments received in response

to this document will be available for

public review at the addresses listed

below during normal business hours,

Monday through Friday, excluding

holidays. Each requestor may receive

one free copy of the proposed

amendment by contacting OSM’s Big

Stone Gap Field Office.

Office of Surface Mining Reclamation

and Enforcement, Big Stone Gap Field

Office, P.O. Box 1217, Powell Valley

Square Shopping Center, Room 220,

Route 23, Big Stone Gap, Virginia

24219, Telephone: (703) 523–4303

Virginia Division of Mined Land

Reclamation, P.O. Drawer 900, Big

Stone Gap, Virginia 24219,

Telephone: (703) 523–8100.

FOR FURTHER INFORMATION CONTACT:

Mr. Robert A. Penn, Director, Big Stone

Gap Field Office, Telephone: (703) 523–

4303.

SUPPLEMENTARY INFORMATION:

I. Background on the Virginia Program

On December 15, 1981, the Secretary

of the Interior conditionally approved

the Virginia program. Background

information on the Virginia program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the December 15, 1981, Federal Register

(46 FR 61085–61115). Subsequent

actions concerning the conditions of

approval and program amendments can

be found at 30 CFR 946.12, 946.13,

946.15, and 946.16.

II. Discussion of the Proposed

Amendment

By letter dated April 17, 1996

(Administrative Record No. VA–876),

Virginia submitted amendments to

§ 45.1–243 of the Code of Virginia

contained in Virginia House Bill 706,

and concerning the sudden release of

accumulated water from underground

coal mine voids. Virginia also submitted

the proposed implementing regulations

at § 480–03–19.784.14 concerning

hydrologic information for reclamation

and operations plans, and § 480–03–

19.817.41 concerning performance

standards for hydrologic balance

protection.

The proposed amendments are as

follows:

1. § 45.1–243 of the Code of Virginia

is amended by adding a new subsection

to read as follows:

B. The Director’s regulations shall

require that permit applicants submit

hydrologic reclamation plans that

include measures that will be utilized to

prevent the sudden release of