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###### Department of the Interior

###### Office of Surface Mining Reclamation and Enforcement 

          - 30 CFR Part 920 
          - [MD-055-FOR] 

# AGENCY:

Office of Surface Mining Reclamation and Enforcement (OSM), Interior. 

# ACTION:

Proposed rule; public comment period and opportunity for public hearing on proposed amendments. 

# SUMMARY:

                        We are announcing receipt of a proposed amendment to the Maryland regulatory program (the Maryland program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The program amendment consists of changes to the Maryland Annotated Code (MAC) to increase the end of month balance cap of the Bond Supplement Reserve (Reserve) within the Bituminous Coal Open-Pit Mining Reclamation Fund. Maryland submitted these proposed amendments on its own initiative to improve the ability of the Maryland Department of the Environment to                               ( print page 10434)                            finance reclamation projects by increasing the amounts available in the Reserve.                     

# DATES:

We will accept written comments on this amendment until 4 p.m. (local time), on April 9, 2007. If requested, we will hold a public hearing on the amendment on April 2, 2007. We will accept requests to speak at a hearing until 4 p.m. (local time), on March 23, 2007. 

# ADDRESSES:

You may submit comments, identified by “MD-055-FOR,” by any of the following methods: 
      -  E-mail: grieger@osmre.gov . Include “MD-055-FOR” in the subject line of the message;                     
      -  Mail/Hand Delivery:                          Mr. George Rieger, Chief, Pittsburgh Field Division, Office of Surface Mining Reclamation and Enforcement, 415 Market Street, Room 304, Harrisburg, PA 17101; Telephone: (717) 782-4849 ext. 11;                    
      -  Federal eRulemaking Portal: http://www.regulations.gov . Follow the instructions for submitting comments.                     

*Instructions:*                         All submissions received must include the agency docket number “MD-055-FOR” for this rulemaking. For detailed instructions on submitting comments and additional information on the rulemaking process, see the “Public Comment Procedures” Section in this document. You may also request to speak at a public hearing by any of the methods listed above or by contacting the individual listed under                         **FOR FURTHER INFORMATION CONTACT**                        .                     

*Docket:*                         You may review copies of the Maryland program, this submission, a listing of any scheduled public hearings, and all written comments received in response to this document at the addresses listed below during normal business hours, Monday through Friday, excluding holidays. You may also receive one free copy of the submission by contacting OSM's Pittsburgh Field Division Office.                     

                        Mr. George Rieger, Chief, Pittsburgh Field Division, Office of Surface Mining Reclamation and Enforcement, 415 Market Street, Room 304, Harrisburg, PA 17101, Telephone: (717) 782-4849 ext. 11. E-mail:                         *grieger@osmre.gov*.                     

Mr. C. Edmon Larrimore, Program Manager, Mining Program, Maryland Department of the Environment,1800 Washington Boulevard, Baltimore, Maryland 21230, Telephone: (410) 537-3557 or 1-800-633-6101. 

# FOR FURTHER INFORMATION CONTACT:

                        Mr. George Rieger, Telephone: (717) 782-4849 ext. 11. E-mail:                         *grieger@osmre.gov*.                     

# SUPPLEMENTARY INFORMATION:

I. Background on the Maryland Program 

II. Description of the Proposed Amendment 

III. Public Comment Procedures 

IV. Procedural Determinations 

## I. Background on the Maryland Program 

                    Section 503(a) of the Act permits a State to assume primacy for the regulation of surface coal mining and reclamation operations on non-Federal and non-Indian lands within its borders by demonstrating that its program includes, among other things, “* * *a State law which provides for the regulation of surface coal mining and reclamation operations in accordance with the requirements of the Act* * *; and rules and regulations consistent with regulations issued by the Secretary pursuant to the Act.” See 30 U.S.C. 1253(a)(1) and (7). On the basis of these criteria, the Secretary of the Interior conditionally approved the Maryland program on December 1, 1980. You can find background information on the Maryland program, including the Secretary's findings, the disposition of comments, and conditions of approval in the December 1, 1980,                     **Federal Register**                     (45 FR 79431). You can also find later actions concerning Maryland's program and program amendments at 30 CFR 920.12, 920.15, and 920.16.                 

## II. Description of the Proposed Amendment 

                    By an undated letter received on January 29, 2007 (Administrative Record Number MD-587-00), Maryland sent us an amendment to revise its program under SMCRA (30 U.S.C. 1201*et seq.*). The amendment revises MAC provisions to increase the end of month balance cap of the Bond Supplement Reserve within the Bituminous Coal Open-Pit Mining Reclamation Fund. Maryland submitted these proposed amendments on its own initiative to improve the ability of the Maryland Department of the Environment to finance reclamation projects by increasing the amounts available in the Reserve.                 

                    In its submittal of this amendment, Maryland stated that this action will improve the ability of the Maryland Department of the Environment to finance reclamation projects by increasing the amounts available in the Reserve. It also addresses findings and recommendations found in the Actuarial Study approved by OSM in the                     **Federal Register**                     dated May 13, 1998 (63 FR 26451).                 

This Bond Supplement Reserve Fund was established for reclamation purposes when the original bond is not sufficient to reclaim the site for which it was posted in the event of forfeiture. A surcharge is assessed for each ton of coal removed by the open-pit or strip method. Part of that surcharge is deposited into the Bituminous Coal Open-Pit Mining Reclamation Fund and another part is remitted to the county. These funds are used to supplement forfeited bonds to enable the mine site to be reclaimed. An additional surcharge for each ton is assessed and credited to the county in which the mining is occurring. 

A summary of the proposed changes follows: 

### 1. MAC 15-517(c) 

Subsection (c) provides as follows:

(c) When the amount of money in the bond supplement reserve equals or exceeds $300,000 at the end of the month, deposits into the reserve of the amounts provided in subsection (b)(1) and (2) of this section shall end temporarily.

Maryland proposes to revise Subsection (c) by increasing the end-of-month balance cap of the Bond Supplement Reserve Fund from $300,000 to $750,000. 

As amended, Subsection (c) provides as follows:

(c) When the amount of money in the bond supplement reserve equals or exceeds $750,000 at the end of the month, deposits into the reserve of the amounts provided in subsection (b)(1) and (2) of this section shall end temporarily.

### 2. MAC 15-517(d)(1) 

Subsection (d)(1) provides as follows:

(1) The amount of money in the bond supplement reserve equals or exceeds $300,000 at the end of the month;

Maryland proposes to raise the end-of-month balance cap of the Bond Supplement Reserve Fund from $300,000 to $750,000. 

As amended, Subsection (d)(1) provides as follows:

(1) The amount of money in the bond supplement reserve equals or exceeds $750,000 at the end of the month;

### 3. MAC 15-517(e) 

Subsection (e) reads as follows:

(e) At the end of any month when the amount of money in the bond supplement reserve is reduced below $200,000:

Maryland proposes to raise the amount from $200,000 to $500,000 because the end-of-month balance cap that triggers the resumption of surcharges and deposits needed to be increased as well. 

As amended, Subsection (e) provides as follows:

(e) At the end of any month when the amount of money in the bond supplement reserve is reduced below $500,000:
      ( print page 10435)    

## III. Public Comment Procedures 

Under the provisions of 30 CFR 732.17(h), we are seeking your comments on whether the submission satisfies the applicable program approval criteria of 30 CFR 732.15. If we approve the amendment, it will become part of the Maryland program. 

### Written Comments 

                    Send your written or electronic comments to OSM at the address given above. Your written comments should be specific, pertain only to the issues proposed in this rulemaking, and include explanations in support of your recommendations. We may not consider or respond to your comments when developing the final rule if they are received after the close of the comment period (see                     **DATES**                    ). We will make every attempt to log all comments into the administrative record, but comments delivered to an address other than the Pittsburgh Field Division Office may not be logged in.                 

### Electronic Comments 

Please submit Internet comments as an ASCII or Word file avoiding the use of special characters and any form of encryption. Please also include “Attn: MD-055-FOR” and your name and return address in your Internet message. If you do not receive a confirmation that we have received your Internet message, contact the Pittsburgh Field Division Office at (717) 782-4849 ext. 11. 

### Public Availability of Comments 

Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. 

### Public Hearing 

                    If you wish to speak at the public hearing, contact the person listed under                     **FOR FURTHER INFORMATION CONTACT**                     by 4 p.m. (local time), on March 23, 2007. If you are disabled and need special accommodations to attend a public hearing, contact the person listed under                     **FOR FURTHER INFORMATION CONTACT**                    . We will arrange the location and time of the hearing with those persons requesting the hearing. If no one requests an opportunity to speak, we will not hold a hearing.                 

To assist the transcriber and ensure an accurate record, we request, if possible, that each person who speaks at the public hearing provide us with a written copy of his or her comments. The public hearing will continue on the specified date until everyone scheduled to speak has been given an opportunity to be heard. If you are in the audience and have not been scheduled to speak and wish to do so, you will be allowed to speak after those who have been scheduled. We will end the hearing after everyone scheduled to speak and others present in the audience who wish to speak, have been heard. 

### Public Meeting 

                    If only one person requests an opportunity to speak, we may hold a public meeting rather than a public hearing. If you wish to meet with us to discuss the amendment, please 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, we will post notices of meetings at the locations listed under                     **ADDRESSES**                    . We will make a written summary of each meeting a part of the Administrative Record.                 

## IV. Procedural Determinations 

### Executive Order 12630—Takings 

This rule does not have takings implications. This determination is based on the analysis performed for the counterpart Federal regulation. 

### Executive Order 12866—Regulatory Planning and Review 

This rule is exempt from review by the Office of Management and Budget under Executive Order 12866. 

### Executive Order 12988—Civil Justice Reform 

The Department of the Interior has conducted the reviews required by section 3 of Executive Order 12988 and has determined that 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 because each 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 the Federal regulations at 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. 

### Executive Order 13132—Federalism 

This rule does not have Federalism implications. SMCRA delineates the roles of the Federal and State governments with regard to the regulation of surface coal mining and reclamation operations. One of the purposes of SMCRA is to “establish a nationwide program to protect society and the environment from the adverse effects of surface coal mining operations.” Section 503(a)(1) of SMCRA requires that State laws regulating surface coal mining and reclamation operations be “in accordance with” the requirements of SMCRA, and section 503(a)(7) requires that State programs contain rules and regulations “consistent with” regulations issued by the Secretary pursuant to SMCRA. 

### Executive Order 13175—Consultation and Coordination With Indian Tribal Governments 

In accordance with Executive Order 13175, we have evaluated the potential effects of this rule on Federally recognized Indian tribes and have determined that the rule does not have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. The basis for this determination is our decision is on a State regulatory program and does not involve a Federal regulation involving Indian lands. 

### Executive Order 13211—Regulations That Significantly Affect the Supply, Distribution, or Use of Energy 

On May 18, 2001, the President issued Executive Order 13211 which requires agencies to prepare a Statement of Energy Effects for a rule that is (1) Considered significant under Executive Order 12866, and (2) likely to have a significant adverse effect on the supply, distribution, or use of energy. Because this rule is exempt from review under Executive Order 12866 and is not expected to have a significant adverse effect on the supply, distribution, or use of energy, a Statement of Energy Effects is not required. 

### National Environmental Policy Act 

                    This rule does not require an environmental impact statement because section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency decisions on proposed State regulatory program provisions do not constitute                           ( print page 10436)                        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 certifies 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. 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.                 

### Small Business Regulatory Enforcement Fairness Act 

This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This rule: (a) Does not have an annual effect on the economy of $100 million; (b) Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; and (c) Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. This determination is based upon the analysis performed under various laws and executive orders for the counterpart Federal regulations. 

### Unfunded Mandates 

This rule will not impose an unfunded mandate on State, local, or tribal governments or the private sector of $100 million or more in any given year. This determination is based upon the analysis performed under various laws and executive orders for the counterpart Federal regulations. 

# List of Subjects in 30 CFR Part 920

      - Intergovernmental relations
      - Surface mining
      - Underground mining

Dated: February 13, 2007. 

H. Vann Weaver, 

Acting Regional Director, Appalachian Region.

[FR Doc. E7-4147 Filed 3-7-07; 8:45 am] 

BILLING CODE 4310-05-P