4502 Federal Register / Vol. 62, No. 20 / Thursday, January 30, 1997 / Proposed Rules

30 CFR Part 920

[MD–041–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 revisions to the

Maryland regulations pertaining to

excess spoil disposal, conditions of

surety and collateral bonds, and

procedures for release of general bonds.

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., March 3,

1997. If requested, a public hearing on

the proposed amendment will be held

on February 24, 1997. Requests to speak

at the hearing must be received by 4:00

p.m., E.S.T., on February 14, 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

Maryland Bureau of Mines, 160 South

Water Street, Frostburg, Maryland

21532, Telephone: (301) 689–4136

FOR FURTHER INFORMATION CONTACT:

George Rieger, Field Branch Chief,

Appalachian Regional Coordinating

Center, Telephone: (412) 937–2932.

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 an informal

amendment to OSM regarding excess

spoils on March 11, 1994. OSM

completed its reviews of the informal

amendment and requested a formal

proposal from Maryland in a letter dated

August 6, 1996. By letter dated January

7, 1997 (Administrative Record No.

MD–576–00), Maryland submitted a

proposed amendment to its program

pursuant to SMCRA at OSM’s request.

Additionally, by letter dated January

14, 1997 (Administrative Record No.

MD–552–13), Maryland submitted

proposed amendments to its program

pursuant to SMCRA. These amendments

pertain to conditions of surety and

collateral bonds, and procedures for

release of general bonds and are

intended to comply with required

program amendments identified in 30

CFR 920.16 (k) and (m).

The provisions of the Code of

Maryland Regulations (COMAR) that

Maryland proposes to amend are as

follows:

1. COMAR 26.20.26, Excess Spoil

Disposal

Specifically, Maryland proposes to

add new regulation .05 entitled

‘‘Placement of Excess Spoil on

Abandoned Mine Land’’ to Chapter 26,

Excess Spoil Disposal as follows:

a. New subparagraph A and items (1)

through (5) state that excess spoil from

a permitted coal mining operation may

be placed on abandoned mine land

outside of the permit area if the

Department determines that the

abandoned mine land is eligible for

funding under Environment Article,

Title 15, Subtitle 11, Annotated Code of

Maryland; the abandoned mine land is

referenced in the permit application and

identified on the permit map; the plan

for the placement of such spoil meets

the design requirements of Maryland’s

approval program; the legal right to

enter upon the abandoned mine land

and to place excess spoil on the area has

been obtained from the surface owner;

and the excess spoil will be placed in

accordance with the provisions of a

contract executed between the

Department and the permitee for

reclamation of the abandoned mine

land.

b. New subparagraph B, entitled

‘‘Reclamation Standards’’, and items (1)

through (4), are added to require that

excess spoil beyond the amount

required to restore the abandoned mine

land to its original contour may not be

placed on the abandoned mine land; the

final configuration of the excess spoil

that is placed on the abandoned mine

land area outside of the permit area

shall be compatible with the natural

surroundings and be suitable for the

intended land use; valley, head of

hollow, or durable rock fills may not be

constructed on abandoned mine land;

and placement of excess spoil from a

permit area on abandoned mine land

shall be planned and implemented in

accordance with the requirements of

Maryland’s approved program.

c. New subparagraph C and items (1)

through (5) provide that placement of

excess spoil from a permit area on

abandoned mine land outside of a

permit area may not be approved unless

the Department finds in writing, on the

basis of information set forth in the plan

or otherwise available, that: placement

of the excess spoil and reclamation of

the abandoned mine land can be

feasibly accomplished in accordance

with the plan submitted by the operator;

the excess spoil placement operation

has been designed to prevent damage to

the hydrologic balance outside of the

abandoned mine land; the excess spoil

placement operation will not adversely

affect any publicly owned parks or

places included in the National Register

of Historic Places, unless approved by

the appropriate jurisdictional agency;

the applicant has submitted

documentation establishing a legal right

to enter and conduct the proposed

reclamation on the abandoned mine

land; and the proposed activities will

not affect the continued existence of

endangered or threatened species or

result in the destruction or adverse

modification of their critical habitats as

determined under the Endangered

Species Act.

d. New subparagraph D and items (1)

through (3) state that placement of

excess spoil from a permitted coal

mining operation on abandoned mine

land outside of the permit area shall be

accomplished in accordance with a

contract between the Department and

the permittee that contains conditions

that document the method of placement
Federal Register / Vol. 62, No. 20 / Thursday, January 30, 1997 / Proposed Rules 4503

of the excess spoil and reclamation on

the area; require the operator to permit

and bond the abandoned mine land area

in the event the operator defaults on the

contract; and authorize the Department

to issue a cessation order to cease all

mining operations on the adjacent

permit area until the operator submits

an application for a permit and the

required amount of bond for the

abandoned mine land area in the event

the operator defaults on the contract.

e. New subparagraph E is added to

state that the Department will monitor

the placement of the excess spoil and

the reclamation of the abandoned mine

land area to ensure that the work is

performed in accordance with the

contract. In the event the operator fails

to meet the terms of the contract, the

Department shall issue a cessation order

to stop the work on the area until the

failure has been corrected.

2. COMAR 26.20.14.06, Conditions of

Bonds

a. Subparagraph (B)(3) is amended to

state that certificates of deposit be made

payable to the Bureau. This paragraph

formerly stated that such certificates of

deposit shall be assigned to the Bureau

in writing and upon the books of the

bank issuing these certificates.

b. Subparagraph (B)(4) is amended by

changing the denomination amount

from $40,000 to $100,000.

c. New subparagraph (8) is added to

require that the bank give prompt notice

to the Bureau and the permittee of any

notice received or action filed alleging

insolvency or bankruptcy of the bank or

the permittee, or alleging any violations

of regulatory requirements which could

result in suspension or revocation of the

bank’s charter or license to do business.

3. COMAR 26.20.14.09, Procedures for

Release of General Bonds

a. Subparagraph (B)(2)(b) is revised by

substituting the word ‘‘identify’’ for

‘‘show’’ and by adding the requirement

to identify the approval date of the

permit.

b. Subparagraph (B)(2) (c) and (d) are

revised by submitting the word

‘‘identify’’ for ‘‘show’’ and (d) is further

revised by adding the requirement to

identify the type and amount of bond

filed on the permit.

c. Subparagraph (B)(2)(e) is revised by

requiring that the type and approximate

dates of the work performed be

summarized.

III. Public Comment 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. on

February 14, 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

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 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 Sate, 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
4504 Federal Register / Vol. 62, No. 20 / Thursday, January 30, 1997 / Proposed Rules

existing requirements previously

promulgated by OSM will be

implemented by the State. In making the

determinations 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

Intergovernmetnal relations, Surface

mining, Underground mining.

Dated: January 24, 1997.

Ronald C. Recker,

Acting Regional Director, Appalachian

Regional Coordinating Center.

[FR Doc. 97–2332 Filed 1–29–97; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 938

[PA–117–FOR]

Pennsylvania 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 the

receipt of a proposed amendment to the

Pennsylvania permanent regulatory

program (hereinafter referred to as the

Pennsylvania program) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

proposed amendment (Administrative

Record Number PA 843.00) revises the

Pennsylvania program to incorporate

changes made to Chapter 86 (relating to

areas unsuitable for mining) by the

Pennsylvania Environmental Quality

Board. The proposed amendment is

intended to clarify ambiguous language

contained in Subchapter D concerning

the designation of areas as unsuitable

for mining, and to correct typographical

errors.

DATES: Written comments must be

received by 4 p.m., e.s.t. March 3, 1997.

If requested, a public hearing on the

proposed amendment will be held on

February 24, 1997. Requests to speak at

the hearing must be received by 4:00

p.m., e.s.t. on February 14, 1997.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to Robert

J. Biggi, Director, Harrisburg Field Office

at the address shown below.

Copies of the Pennsylvania 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 requestor may receive

one free copy of the proposed

amendment by contacting OSM’s

Harrisburg Field Office. 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.

Robert J. Biggi, Director, Office of

Surface Mining Reclamation and

Enforcement, Harrisburg Field Office,

Harrisburg Transportation Center,

Third Floor, Suite 3C, 4th and Market

Streets, Harrisburg, Pennsylvania

17101, Telephone: (717) 782–4036.

Pennsylvania Department of

Environmental Protection, Bureau of

Mining and Reclamation, Room 209

Executive House, 2nd and Chestnut

Streets, P.O. Box 8461, Harrisburg,

Pennsylvania 17105–8461,

Telephone: (717) 787–5103.

FOR FURTHER INFORMATION CONTACT:

Robert J. Biggi, Director, Harrisburg

Field Office, (717) 782–4036.

SUPPLEMENTARY INFORMATION:

I. Background on the Pennsylvania

Program

On July 31, 1982, the Secretary of the

Interior conditionally approved the

Pennsylvania program. Background

information on the Pennsylvania

program including the Secretary’s

findings, the disposition of comments,

and a detailed explanation of the

conditions of approval of the

Pennsylvania program can be found in

the July 30, 1982, Federal Register (47

FR 33050). Subsequent actions

concerning the conditions of approval

and program amendments are identified

at 30 CFR 938.11, 938.12, 938.15 and

938.16.

II. Discussion of Amendment

By letter dated December 19, 1996

(Administrative Record Number PA

843.00), Pennsylvania submitted

amendments to the regulations in the

Pennsylvania program concerning

designating areas unsuitable for coal

surface mining. The amendments are

intended to clarify ambiguous language

contained in Subchapter D concerning

the designation of areas as unsuitable

for mining, and to correct typographical

errors.

The proposed amendments are as

follows:

At § 86.101, in the definition of

‘‘fragile lands’’ two citations of the State

Surface Mining Conservation and

Reclamation Act are being amended.

At § 86.101, in the definition of

‘‘surface mining activities’’ the term that

is being defined, ‘‘surface mining

activities’’ is being changed to read

‘‘surface mining operations.’’

In various places, the term ‘‘surface

mining activities’’ and ‘‘surface mining

activity’’ are being amended to read

‘‘surface mining operations’’ and

‘‘surface mining operation,’’

respectively.

In various places the word ‘‘surface’’

is being added to clarify that the term

‘‘surface mining operations’’ is

intended.

In various places the word

‘‘activities’’ is being replaced by the

phrase ‘‘surface mining operations.’’

At § 86.121(a) the citation for the State

Surface Mining Conservation and

Reclamation Act is being amended.

At § 86.130 (a) and (b), the word ‘‘all

or certain types of’’ are being added to

clarify that § 86.130 pertains to areas

designated as unsuitable for all or

certain types of surface mining

operations.

Various other typographical,

grammatical, style, and organizational

name changes are being made

throughout the amendment.

III. Public Comment Procedures

In accordance with the provisions of

30 CFR 732.17(h), OSM is now seeking

comment on whether the amendments

proposed by Pennsylvania satisfy the

applicable program approval criteria of

30 CFR 732.15. If the amendments are

deemed adequate, they will become part

of the Pennsylvania 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 p.m., e.s.t. on February 14,

1997.