[Federal Register Volume 62, Number 225 (Friday, November 21, 1997)]
[Proposed Rules]
[Pages 62273-62275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30598]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 920

[MD-042-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 proposed amendments to the 
Maryland regulatory program (hereinafter the ``Maryland program'') 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). 
The proposed amendments consist of revision to the Maryland regulations 
regarding a reduced bond liability period for lands remined. The 
amendments are 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.S.T., December 
22, 1997. If requested, a public hearing on the proposed amendment will 
be held on December 16, 1997. Requests to speak at the hearing must be 
received by 4:00 p.m., E.S.T., on December 8, 1997.

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 Parkway 
Center, Pittsburgh PA 15220 Telephone: (412) 937-2153

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Maryland Bureau of Mines, 160 South Water Street, Frostburg, Maryland 
21532, Telephone: (301) 689-4132.

FOR FURTHER INFORMATION CONTACT: George Rieger, Field Branch Chief, 
Appalachian Regional Coordinating Center, Telephone: (412) 937-2153.

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

    Maryland provided and informal amendment to OSM regarding a reduced 
bond liability period for land remined in a letter dated August 18, 
1996. OSM completed its review of the informal amendment and submitted 
comments to Maryland in a letter dated August 4, 1997. By letter dated 
October 9, 1997 (Administrative Record No. MD-579-00), Maryland 
submitted its response to OSM's comments in the form of a proposed 
amendment to its program pursuant to SMCRA.
    The provisions of the Code of Maryland Regulations (COMAR) that 
Maryland proposes to amend are as follows:

1. COMAR 26.20.01.02B Definitions

    Specifically, Maryland proposes to delete the existing definition 
at (49), ``keyway,'' and add a new definition at (49) as follows:
    ``Lands eligible for remining'' means any land that would otherwise 
be eligible for expenditures under Environment Article. Title 15, 
Subtitle 11, Annotated Code of Marland.

2. COMAR 26.20.14.05 Duration of Performance Bonds

    Paragraph B. is modified by adding to the opening phrase, ``except 
on lands eligible for remining,'' and new paragraph C. is added as 
follows:
    On lands eligible for remining included in permits issued before 
September 30, 2004, or any later date authorized by the federal Surface 
Mining Control and Reclamation Act, or any renewal thereof, the period 
of liability for a bond shall continue for a period of not less than 2 
full years, beginning with the last year of augmented seeding, 
fertilizing, irrigation, or other work. The period of liability shall 
begin again when augmented seeding, fertilizing, irrigation or other 
work is ordered by the Bureau to correct a failure to maintain the 
permanent vegetative cover required under COMAR 08.20.29 on the site.
    Existing paragraph C. is re-lettered as D. and the 5-year reference 
is deleted.

3. COMAR 26.20.14.08. Criteria and Schedule for Release of Performance 
Bond

    Existing paragraph D.(2) is deleted and new paragraph D.(2) is 
added as follows:
    For acreage on which Reclamation Phase II has been completed and 
for which a bond release application has been submitted, an amount of 
bond not to exceed 50 percent of the per acre rate submitted in 
accordance with Regulation .03D of this chapter may be released;
    Existing paragraph D.(3) is deleted and new paragraph D.(3) is 
added a follows:
    For acreage on which Reclamation Phase III has been completed and 
for which a bond release application has been submitted, the remaining 
amount of bond equal to 50 percent of the per acre rate submitted in 
accordance with Regulation .03D of this chapter may be released;
    New paragraph D.(4) is added as follows:
    On lands eligible for remining, for acreage on which Reclamation 
Phases II and III have been completed and for which a bond release 
application has been submitted, bond in the amount of the per acre rate 
submitted in accordance with Regulation .03D of this chapter may be 
released.

4. COMAR 26.20.29.07. Standards for Success

    Existing paragraph B.(8) is revised by adding the phrase ``except 
on lands eligible for remining as provided in Sec. B.(9) of this 
regulation.''
    New paragraph B.(9) is added as follows:
    On lands eligible for remining included in permits issued before 
September 30, 2004, or on any later date authorized by the federal 
Surface Mining Control ad Reclamation Act, or any renewal thereof, the 
period of responsibility shall continue for a period of not less than 2 
full years.
    New paragraph C. is added as follows:
    On lands eligible for remining included in any permit, the lands 
shall equal or exceed the standards for success during the growing 
season of the last year of the responsibility period of Sec. B(9) of 
this regulation.

5. COMAR 08.20.14.14 Release of Bonds on Remining Areas

    Maryland proposed to add, and the Office Of Surface Mining 
approved, this section as published in the Federal Register (61 FR 
12028) dated March 25, 1996. However, Maryland subsequently chose not 
to promulgate this regulation. Instead, Maryland now proposes the 
changes enumerated in Items 1. through 4. above.

III. Public Comments 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.S.T. December 8, 1997. 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

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audience who wish to speak have been heard.
    Any disabled individual who has need for 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 12988

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 (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.

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.

    Dated: November 14, 1997.
Tim L. Dieringer,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 97-30598 Filed 11-20-97; 8:45 am]
BILLING CODE 4310-05-M