[Federal Register Volume 67, Number 83 (Tuesday, April 30, 2002)]
[Proposed Rules]
[Pages 21187-21191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10516]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 938

[PA-137-FOR]


Pennsylvania Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

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

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are announcing receipt of a proposed amendment to the 
Pennsylvania regulatory program (the ``Pennsylvania program'') under 
the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the 
Act). Pennsylvania proposes revisions to rules for the licensing of 
blasters and for the use and handling of explosives. Pennsylvania 
intends to revise its program to be consistent with the corresponding 
Federal regulations and SMCRA, clarify ambiguities, and provide 
additional safeguards.
    This document gives the times and locations that the Pennsylvania 
program and proposed amendments to that program are available for your 
inspection, the comment period during which you may submit written 
comments on the amendment, and the procedures that we will follow for 
the public hearing, if one is requested.

DATES: We will accept written comments on this amendment until 4:00 
p.m., e.d.t., May 30, 2002. If requested, we will hold a public hearing 
on the amendment on May 27, 2002. We will accept requests to speak at a 
hearing until 4:00 p.m., e.s.t. on May 15, 2002.

ADDRESSES: You should mail or hand deliver written comments and 
requests to speak at the hearing to Robert McKenzie, Acting Director, 
Harrisburg Field Office at the address listed below.
    You may review copies of the Pennsylvania program, this amendment, 
a listing of any scheduled public hearings, and all written comments 
received in response to this document at the addresses listed below 
during normal business hours, Monday through Friday, excluding 
holidays. You may receive one free copy of the amendment by contacting 
OSM's Harrisburg Field Office.

Robert McKenzie, Acting Director, Harrisburg Field Office, Office of 
Surface Mining Reclamation and Enforcement, Harrisburg Transportation 
Center, Third Floor, Suite 3C, 4th and Market Streets, Harrisburg, 
Pennsylvania 17101, Telephone: (717) 782-4036, Email: [email protected].
J. Scott Roberts, Director, Bureau of Mining and Reclamation, 
Pennsylvania Department of Environmental Protection, Rachel Carson 
State Office Building, P.O. Box 8461, Harrisburg, Pennsylvania 17105-
8461, Telephone: (717) 787-5103.

FOR FURTHER INFORMATION CONTACT: Robert McKenzie, Telephone: (717) 782-
4036. Email: [email protected]

SUPPLEMENTARY INFORMATION:   
I.Background on the Pennsylvania Program
II.Description of the Proposed Amendment
III.Public Comment Procedures
IV.Procedural Determinations

I. Background on the Pennsylvania Program

    Section 503(a) of the Act permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that 
its program

[[Page 21188]]

includes, among other things, ``a State law which provides for the 
regulation of surface coal mining and reclamation operations in 
accordance with the requirements of the Act* * *; and rules and 
regulations consistent with regulations issued by the Secretary 
pursuant to the Act.'' See 30 U.S.C. 1253(a)(1) and (7). On the basis 
of these criteria, the Secretary of the Interior conditionally approved 
the Pennsylvania program on July 30, 1982. You can find background 
information on the Pennsylvania program, including the Secretary's 
findings, the disposition of comments, and conditions of approval of 
the Pennsylvania program in the July 30, 1982, Federal Register (47 FR 
33050). You can also find later actions concerning Pennsylvania program 
and program amendments at 30 CFR 938.11, 938.12, 938.15 and 938.16.

II. Description of the Proposed Amendment

    By letter dated March 1, 2002, Pennsylvania sent us a proposed 
amendment to its program (administrative record No. PA 878.02) under 
SMCRA (30 U.S.C. 1201 et seq.). Pennsylvania sent the amendment to 
include the changes made at its own initiative. The full text of the 
program amendment is available for you to read at the locations listed 
above under ADDRESSES.
    The provisions of State rules that Pennsylvania proposes to revise 
and/or add are:

Title 25, Part I, Subpart D, Article IV, Chapter 210, Blasters' License

    Sections 210.1-210.6 are reserved. These sections have either been 
eliminated or their content moved to other sections.
    Section 210.11, Definitions. This is a new section that contains 
definitions of the terms, ``Blaster,'' ``Blaster learner,'' ``Blaster's 
license,'' ``Demolition and demolition blasting,'' and ``Person.'' The 
definition of ``blaster learner,'' was formerly at section 210.6.
    Section 210.13, General. This section consolidates requirements for 
possessing and exhibiting a blaster's license that were formerly found 
in sections 210.5(a), 210.2(e), and 210.4.
    Section 210.14, Eligibility requirements. This section provides the 
requirements a person must possess to be eligible for a blaster's 
license. It also provides circumstances under which Pennsylvania will 
not issue or renew a license. This section consolidates requirements 
formerly found under sections 210.2(a), 210.2(d), and 210.3(a).
    Section 210.15, License application. This section describes the 
forms for the license application and the specific information to be 
supplied with the application. This section consolidates information 
formerly found in sections 210.1(d) and 210.1(e).
    Section 210.16, Examinations. This section provides that 
Pennsylvania will conduct examinations for specific types of blasting, 
and also provides information concerning the application fee. This 
section consolidates information formerly found in sections 210.1(a), 
210.1(b), and 210.2(g).
    Section 210.17, Issuance and renewal of licenses. This section 
provides the circumstances under which a blaster's license is issued, 
when a blaster's license may be amended, the duration of the license, 
circumstances under which a license may be renewed, and information 
regarding a demolition blaster's license. This section consolidates 
information formerly found in sections 210.2(b), 210.2(c), 210.2(d), 
and 210.3(a). Section 210.17(d) is a new section that adds a continuing 
education requirement to renew a blaster's license. Section 210.17(g) 
is also a new requirement that provides for obtaining a demolition 
blasting license. In section 210.17(e) the term of the blaster's 
license has been changed from one year to three years and the fee for a 
license renewal changed from $3.50 to $30.00.
    Section 210.18, Recognition of out-of-State blaster's license. This 
is a new section that provides the conditions under which Pennsylvania 
may license a blaster holding a license from another State and the 
procedures for out-of-State blasters to secure a license in 
Pennsylvania.
    Section 210.19, Suspension, modification and revocation. This 
section provides the circumstances and procedures under which 
Pennsylvania may suspend, modify, or revoke a blaster's license. This 
section provides requirements formerly found in section 210.2(f).

Sections Proposed To Be Eliminated

    The following sections were proposed to be eliminated from Chapter 
210: Sections 210.1(c); 210.1(f); 210.2(h); and 210.5(d) and (e).

Title 25, Part I, Subpart D, Article IV, Chapter 211, Storage, Handling 
and Use of Explosives

Subchapter A. General Provisions
    Sections 211.1, 211.2, 211.31-211.44, 211.51-211.56, 211.61, 
211.62, 211.71- 211.76, and 211.81-211.88 have been reserved.
    Section 211.101, Definitions. This is a new section that contains 
definitions for the terms, ``Airblast,'' ``Blast area,'' ``Blast 
site,'' ``Blaster,'' ``Blaster-in-charge,'' ``Blasting activity,'' 
``Building,'' ``Charge weight,'' ``Delay interval,'' ``Detonator,'' 
``Explosive,'' ``Flyrock,'' ``Magazine,'' ``Misfire,'' ``Particle 
velocity,'' ``Peak particle velocity,'' ``Person,'' ``Primer,'' 
``Purchase,'' ``Sale or sell,'' ``Scaled distance (Ds),'' ``Stemming,'' 
``Structure,'' and ``Utility lines.'' These definitions were formerly 
found in section 211.2 except for the definition of ``Blaster-in-
charge'' which was formerly in section 210.6.
    Pennsylvania is proposing to eliminate the following terms and 
their definitions that were formerly located in section 211.2: 
``Establishment,'' ``Explosive Plant,'' ``Factory Building,'' 
``Railroad,'' ``Highway,'' ``Barricade,'' ``Department,'' ``Board,'' 
``Secretary,'' ``Approved,'' ``Vehicle,'' and ``Actual Distance.''
    Section 211.102, Scope. This section defines who and what 
activities the chapter applies to. Subsection (a) was formerly found in 
section 210.5(c).
    Section 211.103, Enforcement. This section defines the 
circumstances under which Pennsylvania may issue orders to either 
implement this chapter or to suspend, modify or revoke a license or 
permit. This section was formerly found in section 211.36.
Subchapter B. Storage and Classification of Explosives
    Section 211.111, Scope. This section indicates that the subchapter 
applies to the classification and storage of explosives and establishes 
the requirements for licensing, constructing, siting and maintaining 
magazines.
    Section 211.112, Magazine license and fees. This section defines 
the procedures for licensing magazines for storage of explosives and 
also includes the applicable fees. This section is a compilation of 
requirements formerly found in sections 211.31 and 211.32.
    Section 211.113, Application contents. This section describes the 
information to be included on an application to obtain, renew, modify 
or transfer a magazine license. These requirements were formerly found 
in section 211.34.
    Section 211.114, Displaying the license. This section requires a 
license to be conspicuously displayed inside the magazine, if possible, 
or at the site and adjacent to the magazine for which it applies. This 
requirement was formerly found in section 211.114.
    Section 211.115, Standards for classifying and storing explosives 
and constructing, maintaining and siting magazines. This section 
provides that the provisions of 27 CFR part 55, subpart K (relating to 
storage) are

[[Page 21189]]

incorporated in this section by reference. These provisions are used to 
locate magazines on a site and to determine the type of explosives that 
can be stored there. This section is a compilation of requirements 
formerly found in sections 211.32, 211.33, 211.35, 211.43, and 211.61.
Subchapter C. Permits
    Section 211.121, General Requirements. This section lists the 
requirements for obtaining a permit for blasting and the purchase or 
sale of explosives. This section is a compilation of requirements 
formerly found in section 211.36.
    Section 211.122, Permits to sell explosives. This section 
identifies the requirements to be met when applying for a permit to 
sell explosives. This section is a compilation of requirements formerly 
found in section 211.36.
    Section 211.123, Permits to purchase explosives. This section 
identifies the requirements to be met when applying for a permit to 
purchase explosives. This section is a compilation of requirements 
formerly found in section 211.36.
    Section 211.124, Blasting activity permits. This section identifies 
the requirements to be met when applying for a permit to conduct 
blasting activities.
    Section 211.125, Blasting activity permit-by-rule. This section 
defines the conditions under which a person shall be deemed to have a 
permit for a blasting activity.
Subchapter D. Records of Disposition of Explosives
    Section 211.131, Sales Records. This section provides that sellers 
shall keep accurate records of every sale of explosives for three 
years. It also specifies the information needed to be kept during that 
three year period. The requirements of this section were formerly found 
at section 211.36.
    Section 211.132, Purchase Records. This section provides that 
purchasers shall keep accurate records of every purchase of explosives 
for three years. It also specifies the information needed to be kept 
during that three year period. The requirements of this section were 
formerly found at section 211.36.
    Section 211.133, Blast reports. This section specifies the 
information that a blaster-in-charge is to provide Pennsylvania in a 
blast report. It also requires that blast reports be kept a minimum of 
three years. The requirements of this section were formerly found at 
section 211.46.
Subchapter E. Transportation of Explosives
    Section 211.141, General requirements. This section provides the 
requirements a blasting activity, purchase or sale permittee must 
comply with when transporting explosives including unloading and 
loading of explosives. The requirements of this section were formerly 
found at sections 211.38 and 211.42.
Subchapter F. Blasting Activities
    Section 211.151, Prevention of damage. This is a new section that 
identifies the types of prohibited blasting damage and requires 
notification of damage to the Department of Environmental Protection. 
It also provides technical specifications for designing blasts.
    Section 211.152, Control of noxious gases. This is a new section 
that requires blasts to be conducted so that the gases generated by the 
blast do not affect the health and safety of individuals. It also 
provides guidelines for preventing the effects from gases.
    Section 211.153, General requirements for handling explosives. This 
section provides a list of rules necessary for safely handling 
explosives. The requirements of this section were formerly found at 
section 211.51.
    Section 211.154, Preparing the blast. This section provides a 
listing of the duties of the blaster-in-charge when preparing a blast. 
The requirements of this section were formerly found at sections 210.5, 
210.6, 211.51, and 211.65.
    Section 211.155, Preblast measures. This section provides the 
duties a blaster-in-charge must complete prior to detonating a blast. 
The requirements of this section were formerly found at section 211.51.
    Section 211.156, Detonating the blast. This section provides that 
only a blaster-in-charge may detonate a blast and that a blast may be 
detonated only between sunrise and sunset unless the Department of 
Environmental Protection authorizes a blast at another time of day. The 
requirements of this section were formerly found at section 211.51.
    Section 211.157, Postblast measures. This section provides the 
procedures the blaster-in-charge must follow after a blast has been 
detonated. The requirements of this section were formerly found at 
sections 211.51 and 211.65.
    Section 211.158, Mudcapping. This section provides that mudcapping 
is allowed only if the blaster-in-charge determines that drilling the 
material to be blasted would endanger the safety of the workers. If 
mudcapping is necessary, no more than 10 pounds of explosives shall be 
used for a blast. The requirements of this section were formerly found 
at section 211.51.
    Section 211.159, Electric detonation. This section describes the 
measures to be taken to test electric blasting caps and the safety 
precautions to be taken when using these blasting caps. The 
requirements of this section were formerly found at section 211.51.
    Section 211.160, Nonelectric detonation. This section provides that 
nonelectric initiation systems must be checked and tested for secure 
connections in accordance with recommendations of the manufacturer of 
the system in use.
    Section 211.161, Detonating cords. This section provides safety 
precautions to be followed when using detonating cords. The 
requirements of this section were formerly found at section 211.51.
    Section 211.162, Safety fuse. This section provides safety 
precautions to be followed when using a safety fuse in blasting. The 
requirements of this section were formerly found at section 211.51.
Subchapter G. Requirements for Monitoring
    Section 211.171, General provisions for monitoring. This section 
provides conditions for when and under what circumstances airblast and 
ground monitoring are to be employed. The requirements of this section 
were formerly found at section 211.45.
    Section 211.172, Monitoring instruments. This section provides the 
specifications monitoring equipment for recording ground vibration must 
possess. It also provides for calibration standards for such equipment. 
The requirements of this section were formerly found at section 211.44.
    Section 211.173, Monitoring records. This section provides that 
anyone using a monitoring instrument must be trained in its use. A 
record of the training is to be maintained and available for review by 
the Department of Environmental Protection. This section further 
provides the information that monitoring records must contain.
Subchapter H. Blasting Activities Near Utility Lines
    Section 211.181, Scope. This section provides that this subchapter 
applies to buried or underground utility lines and utility lines making 
contact with the surface of the ground. The requirements of this 
section were formerly found at section 211.52.

[[Page 21190]]

    Section 211.182, General provisions. This section provides the 
specifications on the design of blasts near utility lines and 
specifications on how blasts in the vicinity of a utility line are to 
be conducted. The requirements of this section were formerly found at 
section 211.52

Sections Proposed To Be Eliminated

    The following sections were proposed to be eliminated from Chapter 
211: Section 211.1; 211.36(10); 211.37; 211.51(5), (8), (12), (18), 
(21), (27), (32), (33), (39), and (40); 211.61(3) and (5); 211.62-
211.64; 211.71-211.78; and Appendix A.

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking your 
comments on whether the amendment satisfies the applicable program 
approval criteria of 30 CFR 732.15. If we approve the amendment, it 
will become part of the State program.

Written Comments

    Send your written comments or electronic comments to OSM at the 
address given above. Your written comments should be specific, pertain 
only to the issues proposed in this rulemaking, and include 
explanations in support of your recommendations. We will not consider 
or respond to your comments when developing the final rule if they are 
received after the close of the comment period (see DATES). We will 
make every attempt to log all comments into the administrative record, 
but comments delivered to an address other than the Harrisburg Field 
Office may not be logged in.

Electronic Comments

    Please submit Internet comments as an ASCII or Word file avoiding 
the use of special characters and any form of encryption. Please also 
include ``Attn: SPATS No. PA-137-FOR'' and your name and return address 
in your Internet message. If you do not receive a confirmation that we 
have received your Internet message, contact the Harrisburg Field 
Office at (717) 782-4036.

Availability of Comments

    We will make comments, including names and addresses of 
respondents, available for public review during normal business hours. 
We will not consider anonymous comments. If individual respondents 
request confidentiality, we will honor their request to the extent 
allowable by law. Individual respondents who wish to withhold their 
name or address from public review, except for the city or town, must 
state this prominently at the beginning of their comments. We will make 
all submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public review in their entirety.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., e.s.t. on 
May 15, 2002. If you are disabled and need special accommodations to 
attend a public hearing, contact the person listed under FOR FURTHER 
INFORMATION CONTACT. We will arrange the location and time of the 
hearing with those persons requesting the hearing. If no one requests 
an opportunity to speak, we will not hold a hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at the public hearing 
provide us with a written copy of his or her comments. The public 
hearing will continue on the specified date until everyone scheduled to 
speak has been given an opportunity to be heard. If you are in the 
audience and have not been scheduled to speak and wish to do so, you 
will be allowed to speak after those who have been scheduled. We will 
end the hearing after everyone scheduled to speak and others present in 
the audience who wish to speak, have been heard.

Public Meeting

    If only one person requests an opportunity to speak, we may hold a 
public meeting rather than a public hearing. If you wish to meet with 
us to discuss the amendment, please request a meeting by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings 
are open to the public and, if possible, we will post notices of 
meetings at the locations listed under ADDRESSES. We will make a 
written summary of each meeting a part of the administrative record.

IV. Procedural Determinations

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the counterpart Federal regulation.

Executive Order 12866--Regulatory Planning and Review

    This rule is exempted from review by the Office of Management and 
Budget under Executive Order 12866.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 and has determined that 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 because 
each 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 
the Federal regulations at 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.

Executive Order 13132--Federalism

    This rule does not have Federalism implications. SMCRA delineates 
the roles of the Federal and State governments with regard to the 
regulation of surface coal mining and reclamation operations. One of 
the purposes of SMCRA is to ``establish a nationwide program to protect 
society and the environment from the adverse effects of surface coal 
mining operations.'' Section 503(a)(1) of SMCRA requires that State 
laws regulating surface coal mining and reclamation operations be ``in 
accordance with'' the requirements of SMCRA. Section 503(a)(7) requires 
that State programs contain rules and regulations ``consistent with'' 
regulations issued by the Secretary pursuant to SMCRA.

Executive Order 13211--Regulations That Significantly Affect the 
Supply, Distribution, or Use of Energy

    On May 18, 2001, the President issued Executive Order 13211 which 
requires agencies to prepare a Statement of Energy Effects for a rule 
that is (1) considered significant under Executive Order 12866, and (2) 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Because this rule is exempt from review 
under Executive Order 12866 and is not expected to have a significant 
adverse effect on the supply, distribution, or use of energy, a 
Statement of Energy Effects is not required.

[[Page 21191]]

National Environmental Policy Act

    This rule does not require an environmental impact statement 
because 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 certifies 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. 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.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C.804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not 
have an annual effect on the economy of $100 million; (b) Will not 
cause a major increase in costs or prices for consumers, individual 
industries, Federal, State, or local governmental agencies or 
geographic regions; and (c) Does not have significant adverse effects 
on competition, employment, investment, productivity, innovation, or 
the ability of U.S.-based enterprises to compete with foreign-based 
enterprises. This determination is based upon the fact that the State 
submittal, which is the subject of this rule, is based upon counterpart 
Federal regulations for which an analysis was prepared and a 
determination made that the Federal regulation was not considered a 
major rule.

Unfunded Mandates

    This rule will not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of $100 million or more in any 
given year. This determination is based upon the fact that the State 
submittal, which is the subject of this rule, is based upon counterpart 
Federal regulations for which an analysis was prepared and a 
determination made that the Federal regulation did not impose an 
unfunded mandate.

List of Subjects in 30 CFR Part 938

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 8, 2002.
Vann Weaver,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 02-10516 Filed 4-29-02; 8:45 am]
BILLING CODE 4310-05-P