[Federal Register Volume 63, Number 186 (Friday, September 25, 1998)]
[Proposed Rules]
[Pages 51324-51325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25673]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 938

[PA-122-FOR]


Pennsylvania Regulatory Program

AGENCY: OSM, Interior.

ACTION: Proposed rule; notice of hearing and extension of comment 
period.

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SUMMARY: In a letter dated July 29, 1998 (Administrative Record No. PA-
841.07), the Pennsylvania Department of Environmental Protection 
submitted to OSM proposed regulatory amendments to the Pennsylvania 
regulatory program under the Surface Mining Control and Reclamation Act 
of 1977 (SMCRA). The amendment proposes changes to the Pennsylvania 
program with regard to the mine subsidence control, subsidence damage 
repair or replacement, and water supply replacement provisions of 
SMCRA. The amendment submission included Act 54 and implementing 
regulations. OSM announced receipt of the amendment in the August 25, 
1998, Federal Register (63 FR 45199) and solicited public comments on 
the proposed regulatory changes. The August 25, 1998, notice stated 
that the public comment period would end on September 24, 1998, and if 
a hearing on the amendment is requested, that the hearing would be held 
on September 21, 1998.
    Several individuals requested that a public hearing be held in 
Washington, Pennsylvania. These individuals also requested additional 
time to prepare for the hearing. OSM is honoring this request in order 
to give interested parties ample notification of the hearing location, 
and ample time to prepare their comments for the hearing. As a result, 
the deadline for submitting public comments has been extended.
    This notice sets forth the times and location of the pending public 
hearing, and the extended deadline that public comments can be 
submitted to OSM regarding the adequacy of the proposed amendment.

DATES: Written comments must be received on or before 4:00 p.m. on 
October 19, 1998, to ensure consideration in the rulemaking process. 
The public hearing will be held at 6:30 p.m. on October 13, 1998.

ADDRESSES: Written comments and requests to testify at the hearing 
should be mailed or hand-delivered to Mr. Robert J. Biggi, Director, 
Harrisburg Field Office at the first address listed below.
    Copies of the Pennsylvania program, the proposed amendment, a 
listing of any scheduled public meetings or hearing, and all written 
comments received in response to this notice will be available for 
public review at the addresses listed below during normal business 
hours, Monday through Friday, excluding holidays:
    Office of Surface Mining Reclamation and Enforcement, Harrisburg 
Field Office, Third Floor, Suite 3C, Harrisburg Transportation Center, 
415 Market Street, Harrisburg, Pennsylvania 17101, Telephone: (717) 
782-4036.
    Pennsylvania Department of Environmental Protection, Bureau of 
Mining and Reclamation, Rachel Carson State Office Building, P.O. Box 
8461, Harrisburg, Pennsylvania 17105-8461, Telephone: (717) 787-5103.
    Each requester may receive, free of charge, one copy of the 
proposed amendment by contacting the OSM Harrisburg Field Office.
    The public hearing will be held at the Ramada Inn, 1170 West 
Chestnut Street, Washington, Pennsylvania 15301-4631.

FOR FURTHER INFORMATION CONTACT: Robert J. Biggi, Director, Harrisburg 
Field Office, Telephone (717) 782-4036.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

    In accordance with the provisions of 30 CFR 884.15, OSM is seeking 
comment on whether the amendment proposed by Pennsylvania satisfies the 
applicable requirements for the approval of State program amendments. 
If the amendment is deemed adequate, it will become part of the 
Pennsylvania 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 Harrisburg Field Office 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. Filing of a written statement at the time 
of the hearing is requested as it will greatly assist the transcriber.
    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.

II. 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

[[Page 51325]]

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 18, 1998.
Ronald C. Recker,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 98-25673 Filed 9-24-98; 8:45 am]
BILLING CODE 4310-05-P