[Federal Register Volume 62, Number 225 (Friday, November 21, 1997)]
[Proposed Rules]
[Pages 62273-62275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30598]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 920
[MD-042-FOR]
Maryland 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 proposed amendments to the
Maryland regulatory program (hereinafter the ``Maryland program'')
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA).
The proposed amendments consist of revision to the Maryland regulations
regarding a reduced bond liability period for lands remined. The
amendments are intended to revise the Maryland program to be consistent
with the corresponding Federal regulations.
DATES: Written comments must be received by 4:00 p.m., E.S.T., December
22, 1997. If requested, a public hearing on the proposed amendment will
be held on December 16, 1997. Requests to speak at the hearing must be
received by 4:00 p.m., E.S.T., on December 8, 1997.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to George Rieger, Field Branch Chief, at
the address listed below.
Copies of the Maryland 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 Appalachian Regional
Coordinating Center.
George Rieger, Field Branch Chief, Appalachian Regional Coordinating
Center, Office of Surface Mining Reclamation and Enforcement, 3 Parkway
Center, Pittsburgh PA 15220 Telephone: (412) 937-2153
[[Page 62274]]
Maryland Bureau of Mines, 160 South Water Street, Frostburg, Maryland
21532, Telephone: (301) 689-4132.
FOR FURTHER INFORMATION CONTACT: George Rieger, Field Branch Chief,
Appalachian Regional Coordinating Center, Telephone: (412) 937-2153.
SUPPLEMENTARY INFORMATION:
I. Background on the Maryland Program
On February 18, 1982, the Secretary of the Interior approved the
Maryland program. Background information on the Maryland program,
including the Secretary's findings, the disposition of comments, and
the conditions of approval can be found in the February 18, 1982,
Federal Register (47 FR 7214). Subsequent actions concerning the
conditions of approval and program amendments can be found at 30 CFR
920.15 and 920.16.
II. Description of the Proposed Amendment
Maryland provided and informal amendment to OSM regarding a reduced
bond liability period for land remined in a letter dated August 18,
1996. OSM completed its review of the informal amendment and submitted
comments to Maryland in a letter dated August 4, 1997. By letter dated
October 9, 1997 (Administrative Record No. MD-579-00), Maryland
submitted its response to OSM's comments in the form of a proposed
amendment to its program pursuant to SMCRA.
The provisions of the Code of Maryland Regulations (COMAR) that
Maryland proposes to amend are as follows:
1. COMAR 26.20.01.02B Definitions
Specifically, Maryland proposes to delete the existing definition
at (49), ``keyway,'' and add a new definition at (49) as follows:
``Lands eligible for remining'' means any land that would otherwise
be eligible for expenditures under Environment Article. Title 15,
Subtitle 11, Annotated Code of Marland.
2. COMAR 26.20.14.05 Duration of Performance Bonds
Paragraph B. is modified by adding to the opening phrase, ``except
on lands eligible for remining,'' and new paragraph C. is added as
follows:
On lands eligible for remining included in permits issued before
September 30, 2004, or any later date authorized by the federal Surface
Mining Control and Reclamation Act, or any renewal thereof, the period
of liability for a bond shall continue for a period of not less than 2
full years, beginning with the last year of augmented seeding,
fertilizing, irrigation, or other work. The period of liability shall
begin again when augmented seeding, fertilizing, irrigation or other
work is ordered by the Bureau to correct a failure to maintain the
permanent vegetative cover required under COMAR 08.20.29 on the site.
Existing paragraph C. is re-lettered as D. and the 5-year reference
is deleted.
3. COMAR 26.20.14.08. Criteria and Schedule for Release of Performance
Bond
Existing paragraph D.(2) is deleted and new paragraph D.(2) is
added as follows:
For acreage on which Reclamation Phase II has been completed and
for which a bond release application has been submitted, an amount of
bond not to exceed 50 percent of the per acre rate submitted in
accordance with Regulation .03D of this chapter may be released;
Existing paragraph D.(3) is deleted and new paragraph D.(3) is
added a follows:
For acreage on which Reclamation Phase III has been completed and
for which a bond release application has been submitted, the remaining
amount of bond equal to 50 percent of the per acre rate submitted in
accordance with Regulation .03D of this chapter may be released;
New paragraph D.(4) is added as follows:
On lands eligible for remining, for acreage on which Reclamation
Phases II and III have been completed and for which a bond release
application has been submitted, bond in the amount of the per acre rate
submitted in accordance with Regulation .03D of this chapter may be
released.
4. COMAR 26.20.29.07. Standards for Success
Existing paragraph B.(8) is revised by adding the phrase ``except
on lands eligible for remining as provided in Sec. B.(9) of this
regulation.''
New paragraph B.(9) is added as follows:
On lands eligible for remining included in permits issued before
September 30, 2004, or on any later date authorized by the federal
Surface Mining Control ad Reclamation Act, or any renewal thereof, the
period of responsibility shall continue for a period of not less than 2
full years.
New paragraph C. is added as follows:
On lands eligible for remining included in any permit, the lands
shall equal or exceed the standards for success during the growing
season of the last year of the responsibility period of Sec. B(9) of
this regulation.
5. COMAR 08.20.14.14 Release of Bonds on Remining Areas
Maryland proposed to add, and the Office Of Surface Mining
approved, this section as published in the Federal Register (61 FR
12028) dated March 25, 1996. However, Maryland subsequently chose not
to promulgate this regulation. Instead, Maryland now proposes the
changes enumerated in Items 1. through 4. above.
III. Public Comments 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 Maryland 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 Appalachian Regional
Coordinating Center 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.S.T. December 8, 1997. 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.
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
[[Page 62275]]
audience who wish to speak have been heard.
Any disabled individual who has need for 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. Persons
wishing to meet with OSM representatives to discuss the proposed
amendment 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
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
Executive Order 12988
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 (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.
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 920
Intergovernmental relations, Surface mining, Underground mining.
Dated: November 14, 1997.
Tim L. Dieringer,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 97-30598 Filed 11-20-97; 8:45 am]
BILLING CODE 4310-05-M
