[Federal Register Volume 59, Number 218 (Monday, November 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27981]


[[Page Unknown]]

[Federal Register: November 14, 1994]


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DEPARTMENT OF THE INTERIOR
30 CFR Part 920

[MD-031]

 

Maryland Abandoned Mine Lands Reclamation Plan

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

ACTION: Proposed rule; reopening and extension of public comment 
period.

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SUMMARY: OSM is announcing the receipt of additional materials 
pertaining to a previously proposed amendment to the Maryland Abandoned 
Mine Lands (AML) Reclamation Plan (hereinafter referred to as the 
Maryland Plan) under the Surface Mining Control and Reclamation Act of 
1977 (SMCRA). Maryland submitted House Bill 1522 which revises section 
7-906(b) of the Natural Resources Article, Subtitle 9, of the Annotated 
Code of Maryland to reflect extended eligibility dates for the 
reclamation of mine sites. Maryland also revised its Plan to specify 
that eligible interim program sites are those on which mining ended on 
or before the Secretary of the Interior's approval of Maryland's 
regulatory program.

DATES: Written comments must be received by 4 p.m., E.S.T. November 29, 
1994.

ADDRESSES: Written comments should be mailed or hand delivered to 
Robert J. Biggi, Director, Harrisburg Field Office at the address 
listed below.
    Copies of the Maryland plan, 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 one free copy of the proposed amendment by 
contacting OSM's Harrisburg Field Office.
    Robert J. Biggi, Director, Harrisburg Field Office, OSM, 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:
Robert J. Biggi, Director, Harrisburg Field Office, Telephone (717) 
782-4036.

SUPPLEMENTARY INFORMATION: The Secretary of the Interior approved the 
Maryland Plan effective July 16, 1982. Information on the background of 
the Maryland Plan including the Secretary's findings, and the 
disposition of comments can be found in the June 16, 1982, Federal 
Register (47 FR 25955). Effective March 22, 1993, the Maryland Plan was 
amended to allow for the new acid mine drainage and abatement 
initiative provided under the AML Reclamation Act of 1990 Pub. L. 101-
508). The Secretary's findings and the disposition of comments relative 
to the Plan amendment can be found in the March 22, 1993, Federal 
Register (58 FR 15272). Subsequent actions concerning the conditions of 
approval and amendments to the Plan can be found at 30 CFR 920.20 and 
9120.25.

II. Discussion of Amendment

    By letter dated August 19, 1993, Maryland submitted a proposed 
amendment to revise the Maryland Plan (Administrative Record No. MD-
565.00). Maryland proposed to amend its Plan to allow for two new 
initiatives. OSM announced receipt of the amendment in the September 
21, 1993, Federal Register (58 FR 48998), and in the same document, 
provided an opportunity for a public hearing on the adequacy of the 
proposed amendment. The public comment period ended on October 21, 
1993.
    During its review of the amendment, OSM identified concerns 
relating to the extended eligibility dates for interim mine sites and 
the use and source of funds. OSM notified Maryland of these concerns by 
letter dated November 2, 1993 (Administrative Record No. MD-565.06). By 
letters dated August 3, 1994 (Administrative Record No. MD-565.07), and 
September 1, 1994 (Administrative Record No. MD-565.08), Maryland 
responded to OSM's concerns by submitting additional explanatory 
information. On August 3, 1994, Maryland also submitted House Bill 1522 
which revised section 7-906 of the Natural Resources Act, Subtitle 9, 
of the Annotated Code of Maryland. The statutory language was revised 
to extend the eligibility dates for the reclamation of mine sites by 
including lands and waters made eligible through amendments to SMCRA, 
as amended October 1, 1994.
    On September 1, 1994, Maryland revised its Plan to specify that 
eligible interim sites are those on which mining ended on or before the 
Secretary's approval of Maryland's regulatory program. OSM approved the 
Maryland program on December 1, 1980 (45 FR 79449).

III. Public Comment Procedures

    OSM is reopening the comment period on the proposed Maryland 
program amendment to provide the public an opportunity to consider the 
adequacy of the proposed amendment in light of the revisions contained 
in House Bill 1522. 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 
commentor'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.

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 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 and Tribal abandoned 
mine land reclamation plans and revisions thereof since each such plan 
is drafted and adopted by a specific State or Tribe, not by OSM. 
Decisions on proposed State and Tribal abandoned mine land reclamation 
plans and revisions thereof submitted by a State or Tribe are based on 
a determination of whether the submittal meets the requirements of 
Title IV of SMCRA (30 U.S.C. 1231-1243) and the Federal regulations at 
30 CFR Parts 884 and 888.

National Environmental Policy Act

    No environmental impact statement is required for this rule since 
agency decisions on proposed State and Tribal abandoned mine land 
reclamation plans and revisions thereof are categorically excluded from 
compliance with the National Environmental Policy Act (42 U.S.C. 4332) 
by the Manual of the Department of the Interior [516 DM 6, appendix 8, 
paragraph 8.4B(29)].

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 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. In making the 
determination as to whether this rule would have a significant economic 
impact, the Department relied upon the data and assumptions in the 
analyses for the corresponding Federal regulations.

List of Subjects in 30 CFR Part 920

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: November 4, 1994.
Tim L. Dieringer,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-27981 Filed 11-10-94; 8:45 am]
BILLING CODE 4310-05-M