[Federal Register Volume 59, Number 120 (Thursday, June 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15290]


[[Page Unknown]]

[Federal Register: June 23, 1994]


  
  
                                                   VOL. 59, NO. 120

                                            Thursday, June 23, 1994

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; public comment period and opportunity for public 
hearing.

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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 
Annotated Code of Maryland (Code) pertaining to definitions, licenses, 
and liability. The amendment incorporates a business entity, ``limited 
liability company,'' (LLC) into sections 7-501, 7-504, and 7-517.1 of 
the Code. The proposed amendment would allow LLCs to engage in surface 
coal mining operations under the Maryland program. The amendment is 
intended to improve operational efficiency.

DATES: Written comments must be received by 4:00 p.m., [E.D.T.], July 
25, 1994. If requested, a public hearing on the proposed amendment will 
be held on July 18, 1994. Requests to speak at the hearing must be 
received by 4:00 p.m., [E.D.T.], on July 8, 1994.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to George Rieger, Acting Director, at the 
address listed below.
    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.
    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 Harrisburg Field Office.

George Rieger, Acting Director, Harrisburg Field Office, Office of 
Surface Mining Reclamation and Enforcement, 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.

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

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

    By letter dated May 31, 1994, (Administrative Record No. MD-
568.00), Maryland submitted a proposed amendment to its program 
pursuant to SMCRA. Maryland submitted the proposed amendment on its own 
initiative.
    The Governor of Maryland signed the Maryland Limited Liability 
Company Act (Act) on May 26, 1992. This Act established LLCs as 
approved business entities allowed to operate in Maryland. A LLC has 
characteristics of both a partnership and a corporation.
    Specifically, Maryland proposes to implement the provisions of 
House Bill 1521 which incorporates LLCs into the definitions of 
``operator'' and ``principal owner'' under section 7-501 (Definitions) 
of the Code. The LLC is added to sections 7-504 b, c, and d (Open-Pit 
Mining Operator's License) and 7-517.1 (liability of Officers or Agents 
for Corporate Violations) of the Code.

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 Harrisburg Field Office will 
not necessarily be considered in the final rulemaking or included in 
the Administrative Record.

Public Hearing

    Person wishing to speak at the public hearing should contact the 
person listed under For Further Information Contact by 4:00 p.m., 
[E.D.T.] on July 8, 1994. 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.

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 contracting 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 12778

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12778 (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 part 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. 
2507 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 data and 
assumptions for the counterpart Federal regulations.

List of Subjects in 30 CFR Part 920

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: June 16, 1994.
Ronald C. Recker,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-15290 Filed 6-22-94; 8:45 am]
BILLING CODE 4310-05-M