[Federal Register Volume 68, Number 158 (Friday, August 15, 2003)]
[Rules and Regulations]
[Pages 48789-48798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20916]


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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 (OSM), 
Interior.

ACTION: Final rule; approval of amendment.

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SUMMARY: We are approving an amendment to the Pennsylvania permanent 
regulatory program (the ``Pennsylvania program'') under the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA or the Act). 
Pennsylvania proposed to revise its regulations regarding licensing of 
blasters and the storage, handling and use of explosives. Pennsylvania 
intends to reorganize and clarify its blasting regulations to reflect 
the advances in technology and research associated with blasting.

EFFECTIVE DATE: August 15, 2003.

FOR FURTHER INFORMATION CONTACT: George Rieger, Acting Field Office 
Director, Harrisburg Field Office, Telephone: (717) 782-4036, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Pennsylvania Program
II. Submission of the Proposed Amendment
III. OSM's Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. 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 State program 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 in the July 30, 1982, Federal Register (47 FR 33050). You 
can also find later actions concerning Pennsylvania's program and 
program amendments at 30 CFR 938.11, 938.12, 938.15 and 938.16.

II. Submission of the Amendment

    By letter dated February 25, 2002, Pennsylvania sent us an 
amendment to its program (Administrative Record No. PA 878.02) under 
SMCRA (30 U.S.C. 1201 et seq.). The amendment includes changes to Title 
25, Part I, Subpart D, Article IV, Chapters 210 Blaster's License, and 
211 Storage, Handling and Use of Explosives. We announced receipt of 
the proposed amendment in the April 30, 2002, Federal Register (67 FR 
21187). In the same document, we opened the public comment period and 
provided an opportunity for a public hearing or meeting on the 
amendment's adequacy. We did not hold a public hearing, as one was not 
requested. The public comment period ended on May 30, 2002. We received 
comments from two Federal agencies and from one State agency. The 
Federal agencies were the U.S. Department of Labor, Mine Safety and 
Health Administration's (MSHA) New Stanton Office and the U.S. 
Environmental Protection Agency (EPA), Region III. The State agency was 
the Pennsylvania Historical and Museum Commission (PHMC).

III. OSM's Findings

    Following are the findings we made concerning the amendment under 
SMCRA and the Federal regulations at 30 CFR 732.15 and 732.17. We are 
approving the amendment as described below. Any revisions that we do 
not specifically discuss below concern nonsubstantive wording or 
editorial changes and are approved here without discussion.

A. Minor Revisions to Pennsylvania's Rules

    Pennsylvania proposed minor wording and recodification changes to 
the following previously approved rules:

------------------------------------------------------------------------
                               Recodified section
                               (These sections may
                                  include minor
 Previously approved section  wording changes from         Subject
                                  the original
                                   language.)
------------------------------------------------------------------------
210.1(a)....................  210.16(a)...........  Examinations for
                                                     Blaster's License.
210.1(b)....................  210.16(b)...........  Frequency of
                                                     Examinations.
210.1(e)....................  210.15(b)...........  License Application.
210.2(d)....................  210.14(a)(4)........  Requirement to Pass
                                                     Examination.
210.2(e)....................  210.13(c)...........  Exhibiting License.
210.2(g)....................  210.16(c) and (d)...  Forfeiture of Fees.
210.3(b)....................  210.17(f)...........  Lapsed Licenses.
210.5(a)....................  210.13(a) and         Blaster in Charge.
                               211.154(a).
210.5(b)....................  211.154(c)..........  Another person
                                                     present during
                                                     blast.
210.5(c)....................  211.102(a)..........  Scope.
211.2(2)....................  211.101.............  Definition--Magazine
                                                     .
211.2(4)....................  211.101.............  Definition--Primer.
211.2(5)....................  211.101.............  Definition--Stemming
                                                     .
211.2(6)....................  211.101.............  Definition--Building
                                                     .
211.2(12)...................  211.101.............  Definition--Person.
211.2(18)...................  211.101.............  Definition--Charge
                                                     Weight.
211.2(20)...................  211.101.............  Definition--Delay
                                                     Interval.
211.32(1)...................  211.112(a)..........  Location of
                                                     magazine.
211.36(1)...................  211.121(a)..........  Records of
                                                     Disposition of
                                                     explosives.
211.36(2)...................  211.101.............  Definitions of
                                                     ``purchase,'' and
                                                     ``sale or sell''.
211.36(6), (7)..............  211.122(b), (c) and   Permits to sell/
                               211.123(b), (c).      purchase
                                                     explosives.
211.42(1), (3)-(12), and      211.141.............  Transportation of
 (15)-17).                                           Explosives.

[[Page 48790]]

 
211.46(1)-(15), (20)........  211.133(a)(1), (2)-   Blast reports.
                               (14), (16)-(20),
                               (22).
211.51(3)...................  210.13(a) and         General/General
                               211.153(f).           requirements for
                                                     handling
                                                     explosives.
211.51(6)...................  211.154(e) and        Preparing the blast.
                               211.154(b).
211.51(9)...................  211.159(j)..........  Electric detonation.
211.51(11)..................  211.162(c)..........  Safety fuse.
211.51(14)..................  211.154(n) and        Preparing the blast/
                               211.161(b).           Detonating cords.
211.51(16)..................  211.156(b) and        Detonating the blast/
                               211.157(b).           Postblast measures.
211.51(19)..................  211.154(h)..........  Preparing the blast.
211.51(20)..................  211.153(d)..........  General requirements
                                                     for handling
                                                     explosives.
211.51(22)..................  211.161(1)..........  Detonating cords.
211.51(23)..................  211.154(k)..........  Preparing the blast.
211.51(24)..................  211.154(l)..........  Preparing the blast.
211.51(25)..................  211.154(f)(4).......  Preparing the blast.
211.51(26)..................  211.159(a)..........  Electric detonation.
211.51(28)..................  211.159(c)..........  Electric detonation.
211.51(29)..................  211.154(i)..........  Preparing the blast.
211.51(30)..................  211.159(d)..........  Electric detonation.
211.51(31) and (32).........  211.159(e)..........  Electric detonation.
211.51(34)..................  211.159(g)..........  Electric detonation.
211.51(35)..................  211.158.............  Mudcapping.
211.51(36)..................  211.154(j)(2).......  Preparing the blast.
211.51(37)..................  211.54(f)(5)........  Preparing the blast.
211.51(38)..................  211.157(a)..........  Postblast measures.
211.51(41)..................  211.154(j)(1).......  Preparing the blast.
211.52......................  211.181.............  Blasting activities
                                                     near utility line.
211.52(2)...................  211.182(a) and (b)..  General provisions--
                                                     Blasting activities
                                                     near utility line.
211.61(4)...................  211.115.............  Standards for
                                                     classifying and
                                                     storing explosives
                                                     and constructing,
                                                     maintaining and
                                                     siting magazines.
211.65(7)...................  211.154(f)(3).......  Preparing the blast.
------------------------------------------------------------------------

    Because these changes are minor and do not affect the meaning or 
the application of the previously approved rules, we find that they 
will not make Pennsylvania's rules less effective than the 
corresponding Federal regulations.

B. Previously Approved Pennsylvania Rules That Have Been Eliminated in 
This Amendment

    The following rules that we previously approved as part of the 
Pennsylvania program have been eliminated in this rulemaking.

------------------------------------------------------------------------
      Previously approved section                    Subject
------------------------------------------------------------------------
210.1(c)...............................  Sealed examinations for the
                                          blaster's license test.
210.1(f)...............................  Notification of blaster's
                                          license examination.
210.2(h)...............................  Issuance and status of
                                          licenses--fees.
210.5(d)...............................  Use of explosives in waters of
                                          the Commonwealth.
211.1..................................  Safety devices for machinery.
211.2; the definitions for the           Definitions.
 following terms were eliminated:
 ``establishment,'' ``explosive
 plant,'' ``factory building,''
 ``railroad,'' ``highway,''
 ``barricade,'' ``Department,''
 ``Board,'' ``Secretary,''
 ``approved,'' ``vehicle,'' and
 ``actual distance.''.
211.36(10).............................  Inventory records for
                                          explosives and blasting caps.
211.37.................................  Regulations for magazines used
                                          for storing explosives.
211.51(5)..............................  Firing horizontal holes.
211.51(8)..............................  Use of blasting machines.
211.51(12).............................  Clearing black powder or
                                          dynamite from around holes.
211.51(18).............................  Counting explosions.
211.51(21).............................  Back primed holes.
211.51(33).............................  Explosives in underground
                                          mines.
211.51(39).............................  Returning remaining explosives
                                          after loading.
211.51(40).............................  Stemming holes when loose
                                          dynamite is used.
211.52(1)..............................  Showing utility lines on plans.
211.61(3), (5).........................  Storage of ammonium nitrates.
211.62.................................  Blasting prohibited.
211.63.................................  Building, Operation and Storage
                                          Requirement.
211.64.................................  Mobile Equipment for mixing
                                          prohibited.
211.71.................................  Special precautions for storage
                                          and use of propellants.
211.72.................................  Storehouses--Distances--limitat
                                          ions.
211.73.................................  Protection from Fire.
211.74.................................  Storehouses.

[[Page 48791]]

 
211.75.................................  Transporting of Propellants in
                                          vehicles.
211.76.................................  Smoking prohibited.
211.77.................................  Tools for opening containers.
211.78.................................  Permit to sell.
Appendix A.............................  Radio Transmitters.
------------------------------------------------------------------------

    There are no Federal counterparts to the rules listed in the above 
table. Our review found that elimination of these sections does not 
make the Pennsylvania program less effective than the Federal 
regulations. We are approving their elimination.
    In addition to the above sections, Pennsylvania also eliminated 
section 210.5(e) that we had also previously approved. This section 
provides that blasting operations near streams are prohibited when the 
effect of the blasting is liable to change the course or channel of any 
stream unless a permit is obtained from the Pennsylvania Department of 
Environmental Protection (PADEP). The Federal counterpart to this 
section is found in 30 CFR 816/817.67(a), which provides that blasting 
must be conducted to prevent, among other things, a change in the 
course, channel, or availability of surface water outside the permit 
area. Pennsylvania's approved program at 25 Pennsylvania Code (Pa. 
Code) 87.127(g) provides that blasting shall be prohibited in cases 
when the effect of the blasting is liable to change the course or 
channel of a stream. Because Pennsylvania's program still provides 
protection to streams from the effects of blasting that is no less 
effective than the Federal regulations, we find that elimination of 
section 210.5(e) is not inconsistent with the Federal regulations.

C. Revisions to Pennsylvania's Rules That Have the Same Meaning as the 
Corresponding Provisions of the Federal Regulations

    Pennsylvania added a definition for the term ``blaster'' in section 
210.11. Both the State and Federal definition of ``blaster'' as defined 
in 30 CFR 850.5 include in the term that the person must have a 
blaster's license/certification and must be responsible for the 
blasting. Since this definition means the same as the term ``blaster'' 
in the Federal rules, we find it no less effective and we are approving 
this definition.
    Pennsylvania also added definitions for terms in Chapter 211 that 
are not specifically defined in Federal regulations, but the use of the 
terms in the Federal regulations indicate they mean the same as 
Pennsylvania's definitions. In section 211.101, Pennsylvania added a 
definition for the term ``air blast'' which means, ``An airborne shock 
wave resulting from an explosion, also known as air overpressure, which 
may or may not be audible.'' The Federal regulations at 30 CFR 816/
817.67(b) provide specific limits for monitoring and controlling air 
blast including a chart indicating the maximum limit, in decibels, for 
air blast. This limitation indicates that air blast is air overpressure 
as defined by Pennsylvania. As a result, we find this definition 
consistent with the Federal rules and we are approving it.
    Pennsylvania also added a definition for the term, ``blaster,'' to 
section 211.101. The term was defined to be, ``An individual who is 
licensed by the Department under Chapter 210 (relating to blasters' 
licenses) to detonate explosives and supervise blasting activities.'' 
As discussed above with the definition found at Chapter 210, this 
definition is no less effective than the definition of blaster in the 
Federal regulations at 30 CFR 850.5. We are approving it.
    Pennsylvania added a definition for the term, ``flyrock,'' to 
section 211.101. Pennsylvania defined flyrock as overburden, stone, 
clay, or other material ejected from the blast area by the force of the 
blast. There is no Federal definition for ``flyrock.'' The definition 
is consistent with the way we use the term in 30 CFR 816/817.67(c) 
which indicates that flyrock traveling in the air or along the ground 
shall not be cast from the blasting site. Pennsylvania's definition of 
``flyrock'' serves to clarify its use in Chapter 211 and in 25 Pa. Code 
87.127(f)(5). We are approving this addition.
    Pennsylvania added a definition for the term, ``peak particle 
velocity,'' to section 211.101. Pennsylvania defined the term to mean, 
``A measure of the intensity of ground vibration, specifically the time 
rate of change of the amplitude of ground vibration.'' This definition 
is consistent with the way we use the term peak particle velocity in 30 
CFR 816/817.67 where we indicate ground vibration cannot exceed maximum 
peak particle velocities. Pennsylvania's definition clarifies the use 
of the term in Chapter 211 and we are approving it.
    Pennsylvania added a definition for the term, ``utility lines,'' to 
section 211.101. Pennsylvania defined the term as, ``An electric cable, 
fiber optic line, pipeline or other type of conduit used to transport 
or transmit electricity, gases, liquids and other media including 
information.'' The term is used in Chapter 211, Subchapter H to provide 
additional protections to utility lines from blasting. The use of this 
term is not inconsistent with the Federal regulations at 30 CFR 816/
817.180 which regulate the effects of surface coal mining operations on 
utilities. We are approving this definition.
    Pennsylvania also changed its definition of ``scaled distance'' 
that was formerly found in section 211.2(21). The definition is now 
found in section 211.101. The revised definition defines the actual 
distance portion of the scaled distance equation as the distance in 
feet measured in a horizontal line from the blast site to the nearest 
building or structure, neither owned or leased by the blasting activity 
permittee or customer. The former definition did not define what 
structures were to be included in the actual distance measurement. The 
revised definition is no less effective than the Federal definition at 
30 CFR 816/817.67(d)(3).
    Former section 211.41(24) provided that blasting must not be done 
in such a manner as to eject debris into the air or to constitute a 
hazard or danger or do harm or damage to persons or property in the 
area of the blasting. There is no equivalent section in the current 
blasting regulations in Chapter 210 or 211 for this provision. However, 
we previously approved 25 Pa. Code 87.127(f)(6) which contains 
substantively the same language as former section 211.41(24). For this 
reason, we are approving its deletion.
    Former section 211.45 provided the requirements for monitoring 
blasts. Some of the information was incorporated into current section 
211.171. Additionally, Pennsylvania has incorporated monitoring 
requirements into 25 Pa. Code 87.127 that we previously approved. We 
have found that the requirements of section 211.171, when coupled with 
the requirements of section 87.127, are no less effective than the 
monitoring requirements of 30 CFR 816/817.67.
    Section 211.151(a) was added by this amendment. This section 
provides that

[[Page 48792]]

blasting may not damage real property except for real property under 
the control of the permittee. Pennsylvania has an additional provision 
dealing with damage at 25 Pa. Code 87.127(g) which provides that 
blasting shall be conducted to prevent, among other things, damage to 
public or private property outside the permit area. We previously 
approved this section. Taken together these sections provide the same 
level of protection to property as found in the Federal regulations at 
30 CFR 816/817.67(a). As a result, we are approving this section.
    Section 211.151(b) was added by this amendment. This section 
provides that blasting may not cause flyrock. Pennsylvania has an 
additional provision regarding flyrock at 25 Pa. Code 87.127(f)(5) that 
we previously approved. Section 87.127(f)(5) provides specific limits 
from which flyrock cannot be cast. These limits are the same as the 
Federal regulations at 30 CFR 816/817.67(c). For these reasons, we are 
approving this section.
    Section 211.151(c) was added by this amendment. This section 
provides limitations on blasting using either a scaled distance of 90 
or a maximum allowable peak particle velocity as indicated in a chart 
designated as Figure 1. The scaled distance and maximum allowable peak 
particle velocity do not apply at a building or other structure owned 
or leased by the permittee or its customer. Pennsylvania has additional 
provisions regarding limitations on blasting at 25 Pa. Code 87.127(h) 
and (p) that we previously approved. The Federal regulations at 816/
817.67(e) also allow for ground vibrations to exceed the established 
velocity. However, the Federal rules go on to state that the ground 
vibration standards of 816/817.67(d) shall not apply at structures 
owned by the permittee and leased to another person if a written waiver 
by the lessee is submitted to the regulatory authority before blasting. 
Section 211.151(c) does not provide for written waiver by the lessee. 
Nonetheless, Pennsylvania has provided protections for people leasing 
structures from a permittee in its approved regulations at 25 Pa. Code 
87.127(i) which requires a waiver from the lessee before a blast is 
fired that exceeds the vibrations limitations. In a July 23, 2003, 
conversation (Administrative Record No. PA 878.10), the Chief of the 
Explosives and Safety Section of PADEP clarified that the ground 
vibration limits cannot be lessened if the people leasing the structure 
from the operator do not waive the limitations. This would apply 
regardless of whether the operator was using scaled distance for 
prediction of ground vibration or whether a seismograph was used to 
measure ground vibration. For these reasons, we find that this section 
is no less effective than the comparable regulations at 30 CFR 816/
817.67(d) and (e) are we are approving it.
    Section 211.151(d) was added by this amendment. This section 
provides that blasts must be designed and conducted to control airblast 
so that it does not exceed the noise levels specified in an included 
table at a building or other structure designated by Pennsylvania 
unless the building is owned or leased by the permittee. The Federal 
regulations at 816/817.67(b) provide an identical table listing the 
noise levels. However, this section provides that the airblast cannot 
exceed the maximum limits at the location of any dwelling, public 
building, school, church, or community or institutional building 
outside the permit area. Pennsylvania's regulations are more inclusive 
because they are applied at any building or structure and not limited 
to the structures noted in the Federal regulations. While this section 
does not provide for a waiver of the airblast levels by a person 
leasing a structure from a permittee, the regulations at 25 Pa. Code 
87.127(e) do provide for such a waiver. As a result, we have found that 
this provision is no less effective than the Federal regulations.
    Section 211.151(e) was added by this amendment. This section 
provides that Pennsylvania may establish an alternative peak particle 
velocity or airblast level if it determines that an alternative 
standard is appropriate because of density of population, land use, age 
or type of structure, geology or hydrology of the area, frequency of 
blasts or other factors. The Federal regulations at 30 CFR 816/
817.67(d)(5) provides that the maximum allowable ground vibration shall 
be reduced if determined to be necessary to provide damage protection. 
Similarly 30 CFR 816/817.67(b)(1)(ii) provides that the maximum 
airblast levels shall be reduced if necessary to prevent damage. 
Pennsylvania's approved program at 25 Pa. Code 87.127(e)(2) provides 
that Pennsylvania will specify lower airblast levels if necessary to 
prevent damage. Pennsylvania's approved program at 25 Pa. Code 
87.127(h) provides that it may reduce the maximum peak particle 
velocity allowed if it determines that a lower standard is required. 
Taken together we have found that Pennsylvania's regulations are no 
less effective than the Federal regulations in requiring alternative 
airblast and peak particle velocity levels when necessary to prevent 
damage.
    Section 211.156(a) provides that a blast may only be detonated 
between sunrise and sunset unless Pennsylvania authorized a blast at 
another time of day. This is similar to Pennsylvania's approved program 
at 25 Pa. Code 87.127(a) which provides that blasting shall be 
conducted between sunrise and sunset, at times announced in the 
blasting schedule. The Federal regulations at 30 CFR 816.64(a)(2) and 
817.64(c) provide that all blasting shall be conducted between sunrise 
and sunset, except that nighttime blasting can be approved under 
certain circumstances. The Pennsylvania regulations are no less 
effective than the Federal regulations in restricting the times for 
blasting and therefore, we are approving them.
    Section 211.157(c) provides the signal to be given after a blast 
has been detonated. This section indicates that the signal must be of 
sufficient power to be heard 1,000 feet from the blast site. 
Pennsylvania's regulations on surface mining at 25 Pa. Code 87.127(c) 
indicate the all-clear signal must be capable of being heard \1/2\ mile 
from the point of the blast. We previously approved 25 Pa. Code 
87.127(c) which is similar to the Federal regulation at 30 CFR 816/
817.66(b). We are approving section 211.157(c) even though the all-
clear signal may not have to be audible from as great an area, because 
of the provision of 25 Pa. Code 211.102(b). Section 211.102(b) provides 
that a person will not be relieved from compliance with other 
applicable laws or regulations even if they are in compliance with 
Chapter 211. Therefore, the more strict limitation of 25 Pa. Code 
87.127(c) will be in effect for blasting on surface mining operations.

D. Revisions to Pennsylvania's Rules That Are Not the Same as the 
Corresponding Provisions of the Federal Regulations

    Section 210.4 formerly required that a blaster's license could not 
be transferred and any attempt to transfer the license will 
automatically cancel the license. This section was previously approved 
by OSM on July 30, 1982 (47 FR 33050). In the current amendment, 
section 210.4 was recodified to section 210.13(d). Section 210.13(d) 
states that a blaster's license is not transferable. The recodified 
section does not contain the provision regarding attempts to transfer 
the license resulting in cancellation of the license. However, section 
210.19 provides that Pennsylvania may suspend, modify or revoke a 
blaster's license for violations of chapter 210. The deletion of the 
provision regarding

[[Page 48793]]

attempts to transfer the license does not make this section less 
effective than the Federal regulations because of section 210.19. An 
attempt to transfer the license would constitute a violation of Chapter 
210 and would give Pennsylvania the authority to take action on the 
license. Taken together these two sections are no less effective than 
30 CFR 850.15(e)(2) in preventing the transfer of blaster's licenses.
    Section 210.14(a)(2) of the current regulations provides that a 
person must have at least one year of experience as a blaster learner 
in preparing blasts to be eligible for a blaster's license. The Federal 
regulations at 30 CFR 850.14(a)(2) require the regulatory authority to 
ensure that candidates for blaster certification have practical field 
experience. The Federal requirement does not specify how much 
experience is needed before someone can apply for certification. Less 
than a year of experience could suffice under the Federal rules. 
Therefore, we find that Pennsylvania's regulation is no less effective 
than the Federal regulation and we are approving it.
    Section 210.14(a)(3) provides that a person must take 
Pennsylvania's class on explosives to be eligible for a blaster's 
license. Section 30 CFR 850.13(b) of the Federal regulations requires 
the regulatory authority to ensure that courses are available to train 
persons responsible for the use of explosives in surface coal mining 
operations. In a rulemaking dated April 4, 1985 (50 FR 13315), we noted 
that Pennsylvania submitted a Blaster Training Course Outline, and 
Assorted Blasting Training Course Materials (among other documents) in 
consideration for approval of its blaster certification program. We 
approved the submission of these documents noting that the materials 
submitted were no less effective than the Federal blaster training and 
examination requirements at 30 CFR 850.13 and 850.14. In an e-mail 
dated July 15, 2003 (Administrative Record No. PA 878.08), Pennsylvania 
confirmed that these materials were still used in its blaster 
certification program. Accordingly, based on Pennsylvania's July 15 
response, we find that this section is no less effective than the 
Federal regulations and we are approving it.
    Section 210.19 of the current regulations provides that 
Pennsylvania may suspend, modify, or revoke a blaster's license for 
violations of Chapter 210 and 211. Former section 210.2(f) contained 
similar provisions, but it did not provide for modification of the 
blaster's license, only for suspension or revocation of the license. 
Additionally, former section 210.2(f) provided that an appeal of a 
revocation of a blaster's license may be made to the Environmental 
Hearing Board and only allowed a suspension for due cause. The right to 
appeal was not stated in 210.19. The Federal regulations at 30 CFR 
850.15(b) provide for suspension or revocation of a blaster's 
certification, but it also notes that the regulatory authority can take 
other necessary actions with regard to the certification. While the 
term ``other necessary actions'' was not defined in the Federal 
regulations, it is not unreasonable to interpret this phrase as 
allowing a modification of a blaster's license. The Federal rules at 30 
CFR 850.15(b) require written notice and a hearing whenever a blaster's 
certification is suspended, revoked or other adverse action is taken. 
While the right to appeal a revocation, suspension, or modification was 
not stated in section 210.19, Pennsylvania in an e-mail dated July 15, 
2003 (Administrative Record No. PA 878.08), confirmed, through copies 
of Notice of Suspension of Blaster's License it submitted to us, that 
blasters served with suspension or revocation notices are provided the 
right of appeal to the Environmental Hearing Board. Additionally, 
Pennsylvania law at 2 Pa. Consolidated Statutes (C.S.) 504 and 35 
Pennsylvania Statute (P.S.) 7514, requires an opportunity for a hearing 
before the Environmental Hearing Board of all orders, permits, licenses 
or decisions of the Pennsylvania Department of Environmental Resources 
(now known as PADEP, pursuant 71 P.S. 1340.101). Thus, Pennsylvania 
provides the same level of hearing requirements as the Federal 
regulations. For these reasons, we are approving this provision as 
being no less effective than the Federal counterpart.
    Section 211.133(a) provides that blasting records must be made 
available to Pennsylvania upon request. The section also lists the 
items that must be noted on the blasting report. The Federal 
regulations at 30 CFR 816/817.68 require that the records be made 
available to the public as well as the regulatory authority. 
Pennsylvania's approved program at 25 Pa. Code 87.129 requires that the 
blasting records be made available to the public. The items to be noted 
on blast reports are the same as in the approved program at 25 Pa. Code 
87.129 except that it includes two additional items: the blasting 
activity permit or mining permit number and a description of the 
nearest building location not owned or leased by the permittee based 
upon local landmarks. Taken together these two sections are no less 
effective than the requirements at 30 CFR 816/817.68. As a result, we 
are approving this section.
    Section 211.155 lists the duties a blaster-in-charge must perform 
prior to detonating a blast. There is no Federal counterpart for the 
duties listed in subsections (1) through (4). These duties apply to 
safety in and around the blast area. The duties listed in subsections 
(5) and (6) apply to protecting the public on public roads and to 
sounding a warning signal prior to detonating a blast. These sections 
are similar to the Federal regulations at 30 CFR 816/817.66(b) which 
provide for warning signals and 30 CFR 816/817.67(a) which provides for 
prevention of injury to persons and property damage outside the permit 
area. These provisions, when taken with the provisions from 25 Pa. Code 
87.127, such as subsection (c) that we already approved, are no less 
effective than the corresponding Federal requirements.

E. Revisions to Pennsylvania's Rules With No Corresponding Federal 
Regulation

    Several sections of Pennsylvania's program that we previously 
approved and that have no Federal counterparts were modified by this 
amendment. Each of these sections is described below.
    Former section 210.1(d) regarding examinations for a blaster's 
license requires a notarized application form to be mailed to 
Pennsylvania with a check or money order for $10.00. This section was 
recodified as section 210.15(a). Section 210.15(a) dropped the 
requirement for the application to be notarized and increased the fee 
to $50.00. This section also requires the application to be submitted 
at least two weeks prior to the examination. There are no corresponding 
Federal regulations to this section and we have found that the 
modification does not make Pennsylvania's program less effective than 
the Federal regulations.
    Former section 210.2(a) regarding the issuance and status of 
licenses required the applicant to be at least nineteen years of age in 
order to apply for a blaster's license. This section was recodified as 
section 210.14(a)(1). Section 210.14(a)(1) increased the age 
requirement to twenty-one. There is no Federal counterpart to the age 
requirement, however this section is consistent with the Federal 
regulations at 30 CFR 850.14 that requires the regulatory authority to 
verify that applicants for blaster certification are competent and have 
practical field experience. This requirement is also similar to the age 
requirement for blaster certification in Federal program States

[[Page 48794]]

as found in 30 CFR 955.11(a). As a result, we are approving the change.
    Former sections 210.2(b) and (c) provide the different types of 
blasting categories for which blasters will be examined and provide 
that each category requires an examination. New sections 210.17(a) and 
(b) slightly modified these requirements. These new sections describe 
the classifications for which a blaster's license is issued and allows 
people to amend the classifications if they meet the requirements of 
section 210.14. There is no direct Federal counterpart to this section, 
but we find that it does not make the Pennsylvania program inconsistent 
with the Federal regulations and we are approving it.
    Former section 210.3(a) provides the procedures for the annual 
renewal of blaster's licenses. This section was recodified as section 
210.17(e). Subsection (e) changes the term for renewal from one year to 
three years and the application fee was increased from $3.50 to $30.00. 
Former section 210.3(a) also provided that the renewal may be refused 
for due cause after notification to the applicant and a hearing. This 
provision was dropped from the recodified section 210.17. However, 
section 210.19 provides that Pennsylvania may issue orders suspending, 
modifying or revoking a blaster's license. This section gives 
Pennsylvania the authority to take action regarding the license at any 
time, which makes it more effective than the provision of former 
section 210.13(a) that provides for refusal to renew a license 
application. As stated earlier, we found section 210.19 to be no less 
effective than the Federal regulations. There is no Federal counterpart 
to section 210.17 and the changes do not make this less effective than 
the Federal regulations.
    Former section 210.5(c) provides that use of explosives must be in 
accordance with all rules and regulations for storage, handling and use 
of explosives. Portions of this provision are now found in current 
section 211.102(a). Section 211.102(a) provides that Chapter 211 
applies to persons engaging in blasting activities. However, it also 
exempts persons using and storing explosives at underground mines from 
the requirements of the chapter. The Federal regulation at 30 CFR 
817.61(a) states that the performance standards of 817.61 through 
817.68 apply to surface blasting activities incident to underground 
coal mining. We asked the Chief of the Explosives and Safety Section of 
PADEP if this section exempts blasting activities incident to 
underground mining. In an e-mail dated June 17, 2003 (Administrative 
Record No. PA 878.09), he replied that this section pertains to 
blasting or storage within the underground mine not blasting incident 
to underground mining. He further replied that blasting incident to 
underground mining is regulated by Chapter 87. Since PADEP confirmed 
that this section does not apply to surface blasting activities 
incident to underground coal mining, we find that there is no 
corresponding Federal regulation to this section and it does not render 
the Pennsylvania program inconsistent with the Federal regulations. 
Therefore, we are approving it.
    Former section 210.6 provides that conditions under which blaster 
learners may work with a licensed blaster. Portions of this provision 
are now found in current sections 210.11, 211.101, and 211.154(e). 
There is no direct Federal counterpart to these provisions; however, 
they are consistent with the Federal regulations at 30 CFR 850.13(a) 
that requires the regulatory authority to establish procedures for 
persons who are not certified blasters to receive direction and on-the-
job training from a certified blaster.
    Former section 211.2(3) provided a definition for the term, 
``explosives.'' The definition for the term was modified in current 
section 211.101. There is no Federal counterpart for the definition of 
the term, ``explosive,'' however we find that Pennsylvania's definition 
of the term is not inconsistent with the Federal regulations and we are 
approving it.
    Former section 211.31 provided for licensing and fees for storage 
magazines. This section was recodified as section 211.112(a) and (d), 
and 211.114. The recodified sections increase the fees and modify the 
locations at which the license must be displayed. There is no Federal 
counterpart to these sections and we have found that the changes do not 
make Pennsylvania's program less effective than the Federal 
regulations.
    Former section 211.32(2) provides specifications for the location 
of, and storage of materials in, magazines. Some of these requirements 
were placed in current section 211.115. There are no Federal 
counterparts to this section and we have found that these requirements 
are not inconsistent with the Federal regulations.
    Former section 211.33 provided construction specifications for 
magazines for storing explosives. Former sections 211.35 and 211.43 
provided for the handling, housekeeping and storage of explosives 
around magazines. These sections were recodified as section 211.115. 
Section 211.115 shortened the provisions of former sections 211.33, 
211.35, and 211.43 and incorporated Federal standards at 27 CFR Part 
55, Subpart K by reference. There were no Federal counterparts to the 
former sections and there are no Federal counterparts in Title 30 of 
the Federal regulations for section 211.15. We have found that the 
changes do not make Pennsylvania's program inconsistent with the 
Federal regulations.
    Former section 211.34 gives the requirements for plans for locating 
storage magazines on sites. Some of these requirements were placed in 
current section 211.115. There are no Federal counterparts to either 
section and we have found that these changes are not inconsistent with 
the Federal regulations.
    Former section 211.36(3) provides requirements for selling 
explosives including a permit to sell. Some of these requirements were 
placed in current sections 211.121(a) and 211.122(a) and (d). There are 
no Federal counterparts to the former section or its requirements that 
were placed in sections 211.121 or 211.122. We have found that the 
changes are not inconsistent with the Federal regulations.
    Former section 211.36(4) provides requirements for selling 
explosives including a permit to sell them. Some of these requirements 
were placed in current section 211.123(a). There are no Federal 
counterparts to the former section or its requirements that were placed 
in section 211.123. We have found that the changes are not inconsistent 
with the Federal regulations.
    Former section 211.36(8) provides the circumstances under which 
permits for the manufacture, storage, handling, use or sale of 
explosives can be suspended or revoked. The permit can be suspended for 
due cause and may be revoked after written notice to the permit holder 
and a hearing before the Environmental Hearing Board. The revised 
regulation at section 211.103(a) provides that Pennsylvania can issue 
orders to modify or revoke a permit but it doesn't indicate that a 
permit can be suspended for due cause nor does it provide appeal of a 
permit revocation to the Environmental Hearing Board. Federal 
regulations do not require specific permits for blasting activities. 
Instead, there must be a permit to conduct surface coal mining 
operations which also includes blasting activities. Pennsylvania does 
require a permit for surface coal mining operations. See 25 Pa. Code 
86.11 et seq. Additionally, surface coal mining operations must contain 
a blasting plan as noted in the

[[Page 48795]]

requirements at 30 CFR 780.13. Pennsylvania's regulations at 25 Pa. 
Code 87.64 also require a blasting plan for surface coal mines. As a 
result, we have found that the changes to this section are not 
inconsistent with the Federal regulations.
    Former section 211.36(9) provides additional requirements for 
selling explosives. Some of these requirements were placed in current 
section 211.131. There are no Federal counterparts to this former 
section or its requirements that were placed in section 211.131. We 
have found that these changes are not inconsistent with the Federal 
regulations.
    Former section 211.38 provided specifications for transporting 
blasting caps. This section was recodified as section 211.141(9). The 
construction specifics for the containers for transporting blasting 
caps were dropped and now the section requires containers to conform to 
the current version of Institute of Makers of Explosives Safety Library 
Publication  22. There are no Federal counterparts to these 
provisions and we have found that the changes do not make 
Pennsylvania's program less effective than the Federal regulations.
    Former section 211.41 provides safety precautions for physically 
handling explosives. Some of these requirements were placed in current 
section 211.153. There are no Federal counterparts to the former 
section or its requirements that were placed in section 211.153. We 
have found that these changes are not inconsistent with the Federal 
regulations.
    Former section 211.44 provides specification for instruments to 
monitor explosives. The requirements were modified in current section 
211.172. There are no Federal counterparts to the former section or the 
new section. We have found that these changes are not inconsistent with 
the Federal regulations.
    Former section 211.51(1) provides limitations for the use of open 
fire and smoking around explosives. Some of these requirements were 
placed in current section 211.153(b). There are no Federal counterparts 
to the former section or its requirements that were placed in section 
211.153(b). We have found that these changes are not inconsistent with 
the Federal regulations.
    Former section 211.51(2) provides the types of tools that can be 
used to open containers of explosives and blasting implements. The 
types of tools that can be used to open containers of explosives have 
been modified in current section 211.153(a). There are no Federal 
counterparts to the former section or the new section. We have found 
that these changes are not inconsistent with the Federal regulations.
    Former section 211.51(4) provides for the use of wooden tamping 
sticks. This section was recodified to section 211.154(f) and was 
changed to provide for the use of non-ferrous tamping sticks. There are 
no Federal counterparts to the former section or the new section. We 
have found that these changes are not inconsistent with the Federal 
regulations.
    Former section 211.51(7) provides the means by which explosives are 
to be fired. These provisions were modified in current section 
211.159(h) and (k). There are no Federal counterparts to the former 
section or the new section. We have found that these changes are not 
inconsistent with the Federal regulations.
    Former section 211.51(17) provides for procedures to be used in the 
event of a misfired hole. Some of these provisions have been placed in 
current sections 211.157(d) and (e). There are no Federal counterparts 
to the former section or the new section. We have found that these 
changes are not inconsistent with the Federal regulations.
    Former section 211.52(3) provides specifications for blasting in 
the vicinity of utility lines. This section was recodified in 
Subchapter H. Blasting Activities Near Utility Lines. New sections 
211.181 and 211.182 now contain the requirements for conducting 
blasting near utility lines. These sections contain information 
concerning the design of the blast, the type of explosives to be used, 
the size of holes, and the specifics of excavation for blasts. There is 
no direct Federal counterpart for former section or the proposed 
section, however our review found it to be consistent with 30 CFR 816/
817.180 regarding how surface mining operations are to be conducted to 
minimize damage, destruction, or disruption to utilities. We are 
approving these changes.
    Former sections 211.61(1) and (2) regarding handling and storing of 
ammonium nitrate were incorporated into new section 211.115. Section 
211.115 provides regulations for classifying and storing explosives. 
There are no Federal counterparts for these regulations, however our 
review found that these regulations do not make Pennsylvania's program 
inconsistent with the Federal regulations. We are approving the change.
    Pennsylvania also added definitions and new sections to its 
regulations. These additions are discussed below.
    Pennsylvania added definitions of terms that have no Federal 
counterpart to Chapters 210 and 211. In section 210.11, Pennsylvania 
added definitions for the terms, ``blaster learner,'' ``blaster 
license,'' ``demolition and demolition blasting,'' and ``person.'' 
These definitions are used to clarify various sections of 
Pennsylvania's blaster license program. There are no Federal 
counterparts, however, these definitions do not make Pennsylvania's 
program inconsistent with the Federal regulations.
    In section 211.101, Pennsylvania added definitions for the terms, 
``blast area,'' ``blast site,'' ``blaster-in-charge,'' ``blasting 
activity,'' ``detonator,'' ``misfire,'' ``purchase,'' ``sale or sell,'' 
and ``structure.'' These definitions are used to clarify various 
sections of Pennsylvania's rules on the storage, handling and use of 
explosives. There are no Federal counterparts to the definitions. 
However, these definitions do not make Pennsylvania's program 
inconsistent with the Federal regulations.
    Section 210.13(b) was added by this amendment. This section of the 
regulations provides that Pennsylvania may exempt individuals from a 
blaster's license if the person is detonating extremely small amounts 
of explosives for industrial or research purposes. The Federal 
regulations do not provide an exemption for quantity. It was unclear if 
surface coal mining operations were included in this provision. We 
asked Pennsylvania if individuals conducting blasting on surface coal 
mining operations could be exempt. In an e-mail dated July 15, 2003 
(Administrative Record No. PA 878.08), the Chief of the Explosives and 
Safety Section of PADEP indicated that this exemption does not pertain 
to mining. It pertains to non-excavation activities such as industrial 
applications or research. We find this provision is not inconsistent 
with the Federal regulations and we are approving it with the 
understanding that Pennsylvania will not exempt blasters on surface 
coal mining operations from the licensing requirements.
    Section 210.14(b) was added by this amendment. This section of the 
regulations provides that Pennsylvania will not issue or renew a 
license if the applicant has or had violations or demonstrated a lack 
of ability or intention to comply with the blasting regulations. There 
is no direct Federal counterpart. However, this provision is consistent 
with the Federal rules at 30 CFR 850.14(a)(2) which require that the 
blaster candidate ``exhibit a pattern of conduct consistent with the 
acceptance

[[Page 48796]]

of responsibility for blasting operations' and 30 CFR 850.15 which 
requires the suspension and revocation of blaster certification for 
specified violations.
    Section 210.17(d) was added by this amendment. This section 
provides that a blaster's license is renewable if the blaster can 
demonstrate that he has had 8 hours of continuing education in 
Department-approved courses related to blasting and safety within the 3 
year period. There is no direct Federal counterpart to this section, 
but it is consistent with the goals of the Federal regulations at 30 
CFR 850.13 regarding continuing blaster competency. We find that this 
requirement does not make the Pennsylvania program inconsistent with 
the Federal regulations and we are approving it.
    Section 210.17(g) was added by this amendment. This section 
provides for demolition blasting. There is no Federal counterpart for 
this definition, as we do not regulate demolition blasting. We are 
approving this definition.
    Section 210.18 was added by this amendment. This section provides 
for recognition of out-of-state blaster's licenses. Pennsylvania may 
license a person who holds a blaster's license in another State if 
Pennsylvania determines that State has an equivalent licensing and 
training program. There is no counterpart to this provision in 30 CFR 
Subchapter M, Part 850 of the Federal regulations. However, there is 
nothing in Part 850 that prevents Pennsylvania from accepting a 
certification from another State. We are approving this provision with 
the understanding that blasters from other States seeking a license in 
Pennsylvania must be certified or licensed under that State's 
equivalent to 30 CFR Part 850 of the Federal regulations.
    Section 211.103(b) was added by this amendment. This section 
provides that before Pennsylvania issues an order modifying peak 
particle velocity or airblast limits in a blasting activity permit, it 
will provide the permittee an opportunity to meet and discuss the 
modifications. There is no direct Federal counterpart to this 
provision, however 30 CFR 816/817.67(b)(1)(ii) and (d)(5) give the 
State regulatory authority discretion to specify lower levels for 
airblast and ground vibrations than set forth in the regulations. We 
have found that that the opportunity to discuss required revisions with 
the permittee does not make this provision less effective than the 
Federal regulations requiring the regulatory authority to specify 
lowered levels if necessary to prevent damage. Therefore, we have found 
that this provision is not inconsistent with the Federal regulations.
    Section 211.111 was added by this amendment. This section defines 
the scope of Subchapter B. Storage and Classification of Explosives. 
There is no Federal counterpart to this provision. We are approving it 
because it is not inconsistent with the Federal regulations.
    Section 211.113 was added by this amendment. This section requires 
a magazine license and the contents of such a magazine license 
application. There is no Federal counterpart to this provision. We are 
approving it because it is not inconsistent with the Federal 
regulations.
    Section 211.121(c) was added by this amendment. This section 
provides an exception to subsection (d), which requires a blasting 
activity permit to conduct blasting activities. The exception provided 
by subsection (c) is that blasting activities authorized under a permit 
issued under Pennsylvania's coal mining program serves to act as a 
blasting activity permit. There is no provision in the Federal 
regulations requiring a blasting activity permit separate from that 
required as part of a permit for mining activities. As a result, we are 
approving this section because it does not make Pennsylvania's program 
inconsistent with the Federal regulations. Accordingly, we are also 
approving subsections (d) and (e) as not inconsistent with the Federal 
rules as these sections are intended to apply to blasting activities 
other than those conducted on surface coal mining operations and 
therefore, there is no Federal counterpart.
    Section 211.152 was added by this amendment. This section provides 
for control of gases generated by blasts. There is no Federal 
counterpart to this provision. We are approving this section because it 
is not inconsistent with the Federal regulations.
    Section 211.157(g) was added by this amendment. This section 
requires a blaster-in-charge to notify Pennsylvania of the occurrence 
of a misfire within 24 hours. There is no Federal counterpart to this 
provision. We are approving this section because it is not inconsistent 
with the Federal regulations.
    Sections 211.162(a) and (b) were added by this amendment. These 
sections provide for the use of safety fuses in blasting. There is no 
Federal counterpart to this provision. We are approving this section 
because it is not inconsistent with the Federal regulations.
    Section 211.173(a) was added by this amendment. This section 
provides that, ``Anyone using a monitoring instrument shall be trained 
on the proper use of that instrument by a representative of the 
manufacturer or distributor, or other competent individual. A record of 
that training is to be maintained and available for review by the 
Department.'' There is no Federal counterpart to this provision. We are 
approving this section because it is not inconsistent with the Federal 
regulations.

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on the amendment (Administrative 
Record No. PA 878.03), but did not receive any.

Federal Agency Comments

    Under 30 CFR 732.17(h)(11)(i) and section 503(b) of SMCRA, we 
requested comments on the amendment from various Federal agencies with 
an actual or potential interest in the Pennsylvania program 
(Administrative Record No. PA 878.03). In a letter dated April 5, 2002 
(Administrative Record No. PA 878.06), the United States Department of 
Labor, Mining Safety and Health Administration's District 2 New Stanton 
Office found the changes were not in conflict with 30 CFR, Part 77, 
Subpart N-Explosives and Blasting.

Environmental Protection Agency (EPA) Concurrence and Comments

    Under 30 CFR 732.17(h)(11)(i), we requested comments on the 
amendment from EPA (Administrative Record No. PA 878.03). EPA responded 
on March 26, 2002, that there were no apparent inconsistencies with the 
Clean Water Act or other statutes under its jurisdiction 
(Administrative Record No. PA 878.04).

State Historic Preservation Officer (SHPO) and the Advisory Council on 
Historic Preservation (ACHP)

    Under 30 CFR 732.17(h)(4), we are required to request comments from 
the SHPO and ACHP on amendments that may have an effect on historic 
properties. On March 1, 2002, we requested comments on Pennsylvania's 
amendment (Administrative Record No. PA 878.03) from the Pennsylvania 
Historical and Museum Commission (PHMC). The PHMC responded on March 
26, 2002 (Administrative Record No. PA 878.05) that it had no comment 
on the amendment.

V. OSM's Decision

    Based on the above findings, we approve the amendment Pennsylvania 
sent to us on February 25, 2002, as clarified on July 15, 2003, and 
July 23, 2003.

[[Page 48797]]

    To implement this decision, we are amending the Federal regulations 
at 30 CFR part 938, which codify decisions concerning the Pennsylvania 
program. We find that good cause exists under 5 U.S.C. 553(d)(3) to 
make this final rule effective immediately. Section 503(a) of SMCRA 
requires that the State's program demonstrate that the State has the 
capability of carrying out the provisions of the Act and meeting its 
purposes. Making this regulation effective immediately will expedite 
that process. SMCRA requires consistency of State and Federal 
standards.

VI. 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. 
Similarly there are no takings implications for the portions of the 
amendment that have no Federal counterpart because the provisions are 
administrative and procedural in nature and are not expected to have an 
economical or substantive effect on the regulated industry. The 
amendment concerns only the regulation of blasting operations and does 
not imply the taking of private property by the Federal government.

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, and section 503(a)(7) 
requires that State programs contain rules and regulations ``consistent 
with'' regulations issued by the Secretary pursuant to SMCRA.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have evaluated the 
potential effects of this rule on Federally-recognized Indian tribes 
and have determined that the rule does not have substantial direct 
effects on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian Tribes. 
Pennsylvania does not regulate any Native Tribal lands.

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.

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.). 
This determination is based on the fact that the deletions, revisions, 
and additions by the Pennsylvania Department of Environmental 
Protection listed in Chapters 210 and 211 are administrative and 
procedural in nature and are not expected to have an economical or 
substantive effect on the regulated industry.

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 government 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 on the fact that the 
deletions, revisions, and additions by the Pennsylvania Department of 
Environmental Protection listed in Chapters 210 and 211 are 
administrative and procedural in nature and are not expected to have an 
economical or substantive effect on the regulated industry.

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 on the fact that the deletions, 
revisions, and additions by the Pennsylvania Department of 
Environmental Protection listed in Chapters 210 and 211 are 
administrative and procedural in nature and are not expected to have an 
economical or substantive effect on the regulated industry.

List of Subjects in 30 CFR Part 938

    Intergovernmental relations, Surface mining, Underground mining.


[[Page 48798]]


    Dated: July 24, 2003.
Brent Wahlquist,
Regional Director, Appalachian Regional Coordinating Center.

0
For the reasons set out in the preamble, 30 CFR part 938 is amended as 
set forth below:

PART 938--PENNSYLVANIA

0
1. The authority citation for part 938 continues to read as follows:

    Authority: 30 U.S.C. 1201 et seq.


0
2. Section 938.15 is amended in the table by adding a new entry in 
chronological order by ``Date of final publication'' to read as 
follows:


Sec.  938.15  Approval of Pennsylvania regulatory program amendments.

* * * * *

------------------------------------------------------------------------
 Original amendment submission    Date of final
             date                  publication      Citation/description
------------------------------------------------------------------------
 
                              * * * * * * *
February 25, 2002.............  August 15, 2003..  25 Pa. Code 210.11;
                                                    210.13--210.19;
                                                    211.101-211.103;
                                                    211.111-211.115;
                                                    211.121-211.125;
                                                    211.131-211.133;
                                                    211.141; 211.151-
                                                    211.162; 211.171-
                                                    211.173; 211.181-
                                                    211.182
------------------------------------------------------------------------

[FR Doc. 03-20916 Filed 8-14-03; 8:45 am]
BILLING CODE 4310-05-P