[Federal Register Volume 60, Number 227 (Monday, November 27, 1995)]
[Proposed Rules]
[Pages 58319-58320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28863]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 920

[MD-039-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.

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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 Maryland 
rules and statutes pertaining to remining. 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. December 
27, 1995. If requested, a public hearing on the proposed amendment will 
be held on December 22, 1995. Requests to speak at the hearing must be 
received by 4:00 p.m., E.S.T., on December 12, 1995.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Robert J. Biggi, Director, 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 contacting OSM's Harrisburg Field Office.

Robert J. Biggi, Director, Harrisburg Field Office, Office of Surface 
Mining Reclamation and Enforcement, Harrisburg Transportation Center, 
Third Floor, Suite 3C, 4th and Market Streets, Harrisburg, PA 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: 

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 October 26, 1995 (Administrative Record No. MD-
573.00), Maryland submitted a proposed amendment to its program 
pursuant to SMCRA at its own initiative. The remining provisions of the 
Annotated Code of Maryland (Code) and the Code of Maryland Regulations 
(COMAR) that Maryland proposes to amend are: Sections 7-501, 7-505, and 
7-511 of the Code which implements the provisions of House Bill 1136 
pertaining to lands eligible for remining and COMAR 08.20.14--Release 
of Bonds on Remining Areas.
    Specifically, Maryland proposes to: (a) Limit the period of 
operator responsibility for successful revegetation to two full years 
on lands eligible for coal remining and five full years for any 
reported area other than lands eligible for coal remining, (b) define 
``land eligible for remining'' as ``any land that would otherwise be 
eligible for expenditures under subtitle 9 of this title,'' (c) 
prohibit the issuance of a strip mining permit on slopes of 20 degrees 
or more from the horizontal except in the case of a land eligible for 
remining when the land could be restored to its original contour, (d) 
delete definitions of ``net project construction cost'' and ``project 
construction cost,'' and (e) establish regulations for the release of 
bonds on remining areas.

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 

[[Page 58320]]
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 4:00 p.m., 
E.S.T. on December 12, 1995. 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 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 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 data and 
assumptions for the counterpart Federal regulations.

List of Subjects in 30 CFR Part 920

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: November 9, 1995.
David G. Simpson,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 95-28863 Filed 11-24-95; 8:45 am]
BILLING CODE 4310-05-M