[Federal Register Volume 76, Number 135 (Thursday, July 14, 2011)]
[Rules and Regulations]
[Page 41411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17336]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 948
[WV-117-FOR; OSM-2011-0006]
West Virginia Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Interim rule; effective date.
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SUMMARY: On June 29, 2011, OSM published an interim rule approving a
program amendment submitted by the West Virginia Department of
Environmental Protection (WVDEP). The interim rule provided an
opportunity for public comment and gave the comment due date and
tentative hearing date. The summary and preamble to the interim rule
specified that it was effective upon publication; however, the DATES
section of the rule failed to list an effective date. This final rule
corrects that omission by providing an effective date.
DATES: The interim final rule published at 76 FR 37996 is effective
July 14, 2011.
ADDRESSES: You may submit comments on the interim rule WV-117-FOR (76
FR 37996; June 29, 2011) by any of the following two methods:
Federal eRulemaking Portal: http://www.regulations.gov.
The rule has been assigned Docket ID OSM-2011-0006. If you would like
to submit comments through the Federal eRulemaking Portal, go to http://www.regulations.gov and follow the instructions.
Mail/Hand Delivery: Mr. Roger W. Calhoun, Director,
Charleston Field Office, Office of Surface Mining Reclamation and
Enforcement, 1027 Virginia Street, East, Charleston, West Virginia
25301.
FOR FURTHER INFORMATION CONTACT: Mr. Roger W. Calhoun, Director,
Charleston Field Office, Telephone: (304) 347-7158. E-mail:
[email protected].
SUPPLEMENTARY INFORMATION: On June 29, 2011, we published an interim
rule with request for comments at 76 FR 37996. The interim rule
announced receipt of a proposed amendment to the West Virginia
permanent regulatory program under the Surface Mining Control and
Reclamation Act of 1977. On May 2, 2011, the WVDEP submitted a program
amendment to OSM that included both statutory and regulatory revisions.
West Virginia submitted proposed permit fee revisions to the Code of
West Virginia as authorized by House Bill 2955 that passed during the
State's regular 2011 legislative session. In addition, West Virginia
amended its Code of State Regulations (CSR) to provide for the
establishment of a minimum incremental bonding rate as authorized by
Senate Bill 121. The changes, due to the passage of House Bill 2995,
will increase the filing fee for the State's surface mining permit to
$3,500 and establish various fees for other permitting actions. Senate
Bill 121 authorizes regulatory revisions which includes, among other
things, the establishment of a minimum incremental bonding rate of
$10,000 per increment at CSR 38-2-11.4.a.2. Because the West Virginia
revisions have an effective date of June 16, 2011, we approved the
permit fees and the minimum incremental bonding rate on an interim
basis. Our regulations at 30 CFR 732.17(h)(12) state that ``[a]ll
decisions approving or not approving program amendments must be
published in the Federal Register and will be effective upon
publication unless the notice specifies a different effective date.''
Because our approval was published on June 29, 2011, and the notice did
not specify a different effective date, for purposes of the West
Virginia Regulatory Program, we consider the State's provisions
approved effective June 29, 2011. Please see the Federal Register
document published at 76 FR 37996 on June 29, 2011, for more details.
List of Subjects in 30 CFR Part 948
Intergovernmental relations, Surface mining, Underground mining.
Dated: July 5, 2011.
Michael K. Robinson,
Acting Regional Director, Appalachian Region.
[FR Doc. 2011-17336 Filed 7-13-11; 8:45 am]
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