[Federal Register Volume 62, Number 20 (Thursday, January 30, 1997)]
[Proposed Rules]
[Pages 4504-4505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2330]


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DEPARTMENT OF THE INTERIOR
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.

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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 Sec. 86.101, in the definition of ``fragile lands'' two 
citations of the State Surface Mining Conservation and Reclamation Act 
are being amended.
    At Sec. 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 Sec. 86.121(a) the citation for the State Surface Mining 
Conservation and Reclamation Act is being amended.
    At Sec. 86.130 (a) and (b), the word ``all or certain types of'' 
are being added to clarify that Sec. 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.

[[Page 4505]]

    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 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.

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 
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 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: January 15, 1997.
Ronald C. Recker,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 97-2330 Filed 1-29-97; 8:45 am]
BILLING CODE 4310-05-M