[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]
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