[Federal Register Volume 63, Number 182 (Monday, September 21, 1998)]
[Proposed Rules]
[Pages 50176-50177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25117]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement (OSM)
30 CFR Part 920
[MD-045-FOR]
Maryland Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement. DOI.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
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SUMMARY: OSM is announcing the receipt of a proposed amendment to the
Maryland Regulatory Program (hereinafter referred to as the Maryland
Program) under the Surface Mining Control and Reclamation Act of 1977
(SMCRA), 30 U.S.C. 1201 et seq., as amended. This proposed amendment
provides that administrative review and award of costs decisions
formerly appealed to the Board of Review will now be reviewed in
accordance with State Government Article, Sec. 10-215, Annotated Code
of Maryland. 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., October
21, 1998. If requested, a public hearing on the proposed amendment will
be held on October 16, 1998. Requests to speak at the hearing must be
received by 4:00 p.m., E.D.T., on October 6, 1998.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to George Rieger, Manager, 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 contracting OSM's Appalachian Regional
Coordinating Center.
George Rieger, Manager, Pittsburgh Oversight and Inspection Office,
OSM, Appalachian Regional Coordinating Center, 3 Parkway Center,
Pittsburgh, PA 15220, Telephone: (412) 937-2153, Maryland Bureau of
Mines, 160 South Water Street, Frostburg, Maryland 21532, Telephone:
(301) 689-4136.
FOR FURTHER INFORMATION CONTACT: George Rieger, Manager, Appalachian
Regional Coordinating Center, at (412) 937-2153.
SUPPLEMENTARY INFORMATION:
I. Background on the Maryland Program
On December 1, 1980, the Secretary of the Interior conditionally
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 December
1, 1980, Federal Register (45 FR 79449). Subsequent actions concerning
the conditions of approval and program amendments can be found at 30
CFR 920.12, 920.15, and 920.16.
II. Description of the Proposed Amendment
By letter dated August 25, 1998, (Administrative Record No. MD-580-
00), the Maryland Department of the Environment (MDDOE) submitted the
proposed amendment to its program. This proposal supersedes an existing
proposed amendment Maryland submitted on May 7, 1991, to satisfy the
requirements of 30 CFR 920.16(a). The 1991 proposed amendment resulted
in a final rule published in the Federal Register on January 10, 1992,
(57 FR 1104) approving the revisions. The final rule indicated that 30
CFR 920.16(a) was removed and reserved. However, Maryland did not
promulgate the revisions approved by OSM. Since that time, the Bureau
of Mines has been transferred from the Department of Natural Resources
to the Department of the Environment and the Code of Maryland
Regulations (COMAR) has been recodified. The Board of Review was
abolished in 1990 and the right to appeal administrative review and
award of costs decisions is now authorized by Sec. 10-215 of the State
Government Article.
The provisions of COMAR that Maryland proposed to amend are as
follows:
1. COMAR 26.20.34.06 Procedure after Testimony is Concluded.
In Section G. Maryland proposes to delete the phrase, ``may appeal
the decision to the Board of Review pursuant to COMAR 08.16.01'' and
replace it with the phrase, ``is entitled to judicial review in
accordance with State Government Article, Sec. 10-215, Annotated Code
of Maryland.''
2. COMAR 26.20.34.09 Award of Costs.
In Section G. Maryland proposes to delete the phrase, ``may appeal
to the Board of Review pursuant to COMAR 08.16.01'' and replaces it
with the phrase, ``is entitled to judicial review in accordance with
State Government Article, Sec. 10-215, Annotated Code of Maryland.''
3. COMAR 26.20.06.02 Administrative Appeal.
This section has been deleted.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is now
seeking comment on whether the amendment proposed by Maryland satisfies
the applicable requirements for the approval of State program
amendments. 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 comment at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by close of
business on October 6, 1998. If no one requests an opportunity to
comment at a public hearing, the hearing will not be held.
[[Page 50177]]
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
who desire to comment have been heard.
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 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 proposed 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
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 in the analyses for the corresponding 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 938
Intergovernmental relations, Surface mining, Underground mining.
Dated: September 10, 1998.
Allen D, Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 98-25117 Filed 9-18-98; 8:45 am]
BILLING CODE 4310-05-P
