[Federal Register Volume 61, Number 168 (Wednesday, August 28, 1996)]
[Proposed Rules]
[Pages 44258-44260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21862]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 920

[MD-040 ]


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 revisions to the Maryland statutes 
pertaining to permit revocation, reinstatement, and reissuance. The 
amendment is intended to revise the Maryland program to be consistent 
with the corresponding Federal regulations.

DATES: Written comments must be received by 4:00 p.m., [e.d.t.] 
September 27, 1996. If requested, a public hearing on the proposed 
amendment will be held on September 23, 1996. Requests to speak at the 
hearing must be received by 4:00 p.m., [e.d.t.], on September 12, 1996.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to George Rieger, Field Branch Chief, 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 Appalachian Regional 
Coordinating Center.

George Rieger, Field Branch Chief, Appalachian Regional Coordinating 
Center, Office of Surface Mining Reclamation and Enforcement, 3

[[Page 44259]]

Parkway Center, Pittsburgh, PA 15220. Telephone: (412) 937-2849.
Maryland Bureau of Mines, 160 South Water Street, Frostburg, Maryland 
21532. Telephone: (301) 689-4136.

FOR FURTHER INFORMATION CONTACT:
George Rieger, Field Branch Chief, Appalachian Regional Coordinating 
Center, Telephone: (412) 937-2849.

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 August 5, 1996 (Administrative Record No. MD-575-
00) Maryland submitted a proposed amendment to its program pursuant to 
SMCRA at its own initiative. House Bill 1124 enacted on May 14, 1996, 
revises the provisions of Chapter 522 of the Annotated Code of Maryland 
(Code) that pertain to surface coalmining. Specifically, Maryland 
proposes to authorize the reinstatement of a revoked permit in order to 
reissue all or part of the permit to another qualified operator. The 
new operator must submit certain information prior to obtaining a 
reissued permit. The operator of a revoked permit forfeits all rights 
and claims to the permit.

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.d.t.] on September 12, 1996. 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 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.


[[Page 44260]]


    Dated: August 20, 1996.
Ronald C. Recker,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 96-21862 Filed 8-27-96; 8:45 am]
BILLING CODE 4310-05-M