Federal Register / Vol. 62, No. 57 / Tuesday, March 25, 1997 / Proposed Rules 14079

[FR Doc. 97–7270 Filed 3–24–97; 8:45 am]

BILLING CODE 4310–MR–C

Office of Surface Mining Reclamation

and Enforcement

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

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 changes to

provisions of the Maryland regulations

pertaining to bonding. The amendment

is intended to revise the Maryland

program to be consistent with the

corresponding Federal regulations and

SMCRA.

DATES: Written comments must be

received by 4:00 p.m. E.S.T. April 24,

1997. If requested, a public hearing on

the proposed amendment will be held

on April 21, 1997. Requests to speak at

the hearing must be received by 4:00

p.m., E.S.T., on April 9, 1997.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to George

Rieger, Program 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, Program Manager, 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, Program 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 March 6, 1997

(Administrative Record No. MD–

552.18), Maryland submitted a proposed

amendment to its program pursuant to

SMCRA in response to required

amendments at 30 CFR 920.16 (h), (i),

(j), and (n). Maryland is revising the

Code of Maryland Regulations (COMAR)

at section 26.20.14.01B—Performance

Bonds and is formally submitting

actuarial study which reviews the

adequacy of its alternative bonding

system. Specifically, Maryland proposes

to require that a performance bond be

conditioned upon the permittee

faithfully performing every requirement

of Subtitle 5 of the Annotated Code of

Maryland, the Regulatory Program, the

permit, and the reclamation plan.
14080 Federal Register / Vol. 62, No. 57 / Tuesday, March 25, 1997 / Proposed Rules

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 April 9,

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 2 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 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

date 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

Intergovernmental relations, Surface

mining, Underground mining.

Dated: March 17, 1997.

Michael K. Robinson,

Acting Regional Director, Appalachian

Regional Coordinating Center.

[FR Doc. 97–7537 Filed 3–24–97; 8:45 am]

BILLING CODE 4310–05–M