[Federal Register Volume 60, Number 134 (Thursday, July 13, 1995)]
[Proposed Rules]
[Pages 36080-36081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17168]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 920
[MD-038-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.
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SUMMARY: OSM is announcing receipt of a proposed amendment to the
Maryland regulatory program (hereinafter the ``Maryland program'')
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA).
The proposed amendment consists of revisions to the Maryland rules and
statutes pertaining to the Small Operators Assistance Program (SOAP).
The amendment is 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.D.T., August
14, 1995. If requested, a public hearing on the proposed amendment will
be held on August 7, 1995. Requests to speak at the hearing must be
received by 4:00 p.m., E.D.T., on July 28, 1995.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to George Rieger, Acting Director, 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 Harrisburg Field Office.
George Rieger, Acting Director, Harrisburg Field Office, Office of
Surface Mining Reclamation and Enforcement, Harrisburg Transportation
Center, Third Floor, Suite 3C, 4th and Market Streets, Harrisburg,
Pennsylvania 17101, Telephone: (717) 782-4036.
Maryland Bureau of Mines, 160 South Water Street, Frostburg, Maryland
21532, Telephone: (301) 689-4136.
FOR FURTHER INFORMATION CONTACT: George Rieger, Acting Director,
Harrisburg Field Office, Telephone: (717) 782-4036.
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
By letter dated June 16, 1995 (Administrative Record No. MD-
572.00), Maryland submitted a proposed amendment to its program
pursuant to SMCRA at its own initiative. The provisions of the
Annotated Code of Maryland (Code) and the Code of Maryland Regulations
(COMAR) that Maryland proposes to amend are: 7-505(c)(4) and 7-515 of
the Code which implements the provisions of House Bill 945 and COMAR
08.20.16.02A, 08.20.16.03A and B, 08.20.16.08A-C.
Specifically, Maryland proposes to repeal alternative permit
procedures for small coal mining operations of two acres or less and
authorize the Department of Natural Resources to assume the cost for
additional specified application items. Additionally, Maryland proposes
to change the eligibility for assistance limit on annual coal
production from 100,000 tons to 300,000 tons. The production limit
applies to the 12 months immediately following the date on which the
permit was originally issued. The percentage of ownership for
production purposes is also increased from 5 percent to 10 percent.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is
seeking comment son 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 Harrisburg 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 July 28, 1995. 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 a sit 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
[[Page 36081]]
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.
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 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
In 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 920
Interfovernmental relations, Surface mining, Underground mining.
Dated: July 5, 1995.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 95-17168 Filed 7-12-95; 8:45 am]
BILLING CODE 4310-05-M
