[Federal Register Volume 63, Number 182 (Monday, September 21, 1998)]
[Proposed Rules]
[Pages 50176-50177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25117]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement (OSM)

30 CFR Part 920

[MD-045-FOR]


Maryland Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement. DOI.

ACTION: Proposed rule; public comment period and opportunity for public 
hearing.

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SUMMARY: OSM is announcing the receipt of a proposed amendment to the 
Maryland Regulatory Program (hereinafter referred to as the Maryland 
Program) under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA), 30 U.S.C. 1201 et seq., as amended. This proposed amendment 
provides that administrative review and award of costs decisions 
formerly appealed to the Board of Review will now be reviewed in 
accordance with State Government Article, Sec. 10-215, Annotated Code 
of Maryland. 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., October 
21, 1998. If requested, a public hearing on the proposed amendment will 
be held on October 16, 1998. Requests to speak at the hearing must be 
received by 4:00 p.m., E.D.T., on October 6, 1998.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to George Rieger, Manager, 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 contracting OSM's Appalachian Regional 
Coordinating Center.
    George Rieger, Manager, Pittsburgh Oversight and Inspection Office, 
OSM, Appalachian Regional Coordinating Center, 3 Parkway Center, 
Pittsburgh, PA 15220, Telephone: (412) 937-2153, Maryland Bureau of 
Mines, 160 South Water Street, Frostburg, Maryland 21532, Telephone: 
(301) 689-4136.

FOR FURTHER INFORMATION CONTACT: George Rieger, Manager, Appalachian 
Regional Coordinating Center, at (412) 937-2153.

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 August 25, 1998, (Administrative Record No. MD-580-
00), the Maryland Department of the Environment (MDDOE) submitted the 
proposed amendment to its program. This proposal supersedes an existing 
proposed amendment Maryland submitted on May 7, 1991, to satisfy the 
requirements of 30 CFR 920.16(a). The 1991 proposed amendment resulted 
in a final rule published in the Federal Register on January 10, 1992, 
(57 FR 1104) approving the revisions. The final rule indicated that 30 
CFR 920.16(a) was removed and reserved. However, Maryland did not 
promulgate the revisions approved by OSM. Since that time, the Bureau 
of Mines has been transferred from the Department of Natural Resources 
to the Department of the Environment and the Code of Maryland 
Regulations (COMAR) has been recodified. The Board of Review was 
abolished in 1990 and the right to appeal administrative review and 
award of costs decisions is now authorized by Sec. 10-215 of the State 
Government Article.
    The provisions of COMAR that Maryland proposed to amend are as 
follows:
    1. COMAR 26.20.34.06 Procedure after Testimony is Concluded.
    In Section G. Maryland proposes to delete the phrase, ``may appeal 
the decision to the Board of Review pursuant to COMAR 08.16.01'' and 
replace it with the phrase, ``is entitled to judicial review in 
accordance with State Government Article, Sec. 10-215, Annotated Code 
of Maryland.''
    2. COMAR 26.20.34.09 Award of Costs.
    In Section G. Maryland proposes to delete the phrase, ``may appeal 
to the Board of Review pursuant to COMAR 08.16.01'' and replaces it 
with the phrase, ``is entitled to judicial review in accordance with 
State Government Article, Sec. 10-215, Annotated Code of Maryland.''
    3. COMAR 26.20.06.02 Administrative Appeal.
    This section has been deleted.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is now 
seeking comment on whether the amendment proposed by Maryland satisfies 
the applicable requirements for the approval of State program 
amendments. 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 comment at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by close of 
business on October 6, 1998. If no one requests an opportunity to 
comment at a public hearing, the hearing will not be held.

[[Page 50177]]

    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 comment have been heard. Persons in the audience 
who have not been scheduled to comment and who wish to do so will be 
heard following those scheduled. The hearing will end after all persons 
who desire to comment have been heard.

Public Meeting

    If only one person requests an opportunity to comment 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 proposed 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 
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 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 in the analyses for the corresponding 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 938

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: September 10, 1998.
Allen D, Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 98-25117 Filed 9-18-98; 8:45 am]
BILLING CODE 4310-05-P