[Federal Register Volume 59, Number 51 (Wednesday, March 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6084]


[[Page Unknown]]

[Federal Register: March 16, 1994]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 920

 

Maryland Regulatory Program

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

ACTION: Proposed rule.

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SUMMARY: OSM is announcing 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). The proposed amendment repeals Maryland's Code of Maryland 
Regulations (COMAR) 08.13.02 (Deep-Mining of Coal). Regulations that 
existed in the repealed Chapter 02 and are still necessary to regulate 
deep-mining are moved to COMAR 08.20 (Surface Coal Mining and 
Reclamation Under Federally Approved Program). This proposed amendment 
facilitates the codification of Maryland's approved program and is 
intended to revise the Maryland program to be consistent with the 
corresponding Federal regulations. Minor changes were made to certain 
provisions transferred to COMAR 08.20.
    This document sets forth the times and locations that the Maryland 
program and the proposed amendment to that program are available for 
public inspection, the dates and times of the comment period during 
which interested persons may submit written comments on the amendment, 
and the procedures that will be followed regarding the public hearing, 
if one is requested.

DATES: Written comments must be received on or before 4 p.m., [e.s.t.] 
on April 15, 1994. If requested, a public hearing on the amendment will 
be held at 9 a.m., [e.s.t.] on April 11, 1994. Requests to speak at the 
hearing must be received on or before 4 p.m., [e.s.t.] on March 31, 
1994. 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.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to George Rieger, Acting Director, 
Harrisburg Field Office, at the first address listed below.
    Copies of the Maryland program, the proposed amendment, 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, free of charge, one copy of the proposed 
amendment by contracting OSM's Harrisburg Field Office.

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.
Maryland Bureau of Mines, 160 South Water Street, Frostburg, 
Maryland 21532, Telephone (301) 689-4136.

    A public hearing, if held, will be at the Penn Harris Motor Inn and 
Convention Center at the Camp Hill Bypass and U.S. Routes 11 and 15, 
Camp Hill, Pennsylvania, or at some other location in the area of 
interested parties.

FOR FURTHER INFORMATION CONTACT:George Rieger, Acting Director, 
Harrisburg Field Office, (717) 782-4036.

SUPPLEMENTARY INFORMATION:
I. Background on the Maryland Program
II. Discussion of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

I. Background on the Maryland Program

    The Secretary of the Interior approved the Maryland program on 
February 18, 1982. Information on the background of the Maryland 
program including the Secretary's findings, the disposition of comments 
and a detailed explanation of the conditions of approval of the 
Maryland program can be found in the February 18, 1982, Federal 
Register (47 FR 7214-7217). Subsequent actions concerning amendments to 
the Maryland Program are in 30 CFR 920.15 and 30 CFR 920.16.

II. Discussion of the Proposed Amendment

    The Maryland Bureau of Mines (Bureau) submitted a program amendment 
to OSM on February 25, 1994. The amendment (Administrative Record 
Number MD-566.00) repeals Maryland's COMAR 08.13.02 (Deep-Mining of 
Coal). Regulations that existed in the repealed Chapter 02 and are 
still necessary to regulate deep-mining are moved to COMAR 08.20 
(Surface Coal Mining and Reclamation Under Federally Approved Program). 
These regulations include: COMAR 08.20.02.18 (Deep-Mine Applications), 
08.20.13 (Surface Effects of Deep Mines), 08.20.14.13 (Deep-Mine 
Bonding Requirements). COMAR 08.20 is a new subtitle that Maryland 
developed to streamline the codification of Federally approved program 
rules by grouping the provisions by chapter instead of by regulation. 
COMAR 08.13.09 (Surface Coal Mining and Reclamation under Federally 
Approved Program) or Chapter 09 of Subtitle 13 was transferred by COMAR 
Supplement No. 15 to this new Subtitle 20 in May of 1993. Minor 
editorial changes were made to certain provisions transferred to COMAR 
08.20. Other changes are listed below.
    COMAR 08.20.13.04D (Face-Up Areas) is amended to prevent gravity 
discharge of water from surface openings of underground coal mines.
    COMAR 08.20.13.10D (Subsidence Control: Buffer Zone) is amended to 
delete the subsidence control waiver option for public bridges subject 
to subsidence.
    COMAR 08.20.02.18A(4) (Deep Mine Applications) is amended to 
require the map scale for the underground workings to be 1 inch equal 
to 500 feet or a different scale if clarity is preserved and the 
alternate scale is approved by the Bureau.
    COMAR 08.20.13.12A (Projection Maps) is revised to require the 
projected mining to be submitted at the same scale as the map submitted 
under COMAR 08.20.13.18A(4).

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is now 
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 Harrisburg Field Office 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 4 p.m., [e.s.t] 
on March 31, 1994. If no one requests an opportunity to comment at a 
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 comment 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 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 
amendments may request a meeting at the Harrisburg Field Office 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 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 under Executive Order 12866.

Executive Order 12778

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12778 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 the Office of Management and Budget 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. Hence, 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 counterpart Federal regulations.

List of Subjects in 30 CFR Part 920

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 10, 1994.
Tim L. Dieringer,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-6084 Filed 3-15-94; 8:45 am]
BILLING CODE 4310-05-M