[Federal Register Volume 74, Number 34 (Monday, February 23, 2009)]
[Proposed Rules]
[Pages 8048-8049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3806]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 938

[PA-150-FOR OSM-2008-0002]


Pennsylvania Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement.

ACTION: Proposed rule; withdrawal.

-----------------------------------------------------------------------

SUMMARY: We, the Office of Surface Mining (OSM), are announcing the 
withdrawal of a proposed rule pertaining to a request to delete a 
required amendment related to the Pennsylvania regulatory program (the 
Pennsylvania program) under the Surface Mining Control and Reclamation 
Act of 1977 (SMCRA or the Act). Pennsylvania requested that a required 
amendment pertaining to regulatory exemptions for coal extraction 
incidental to the extraction of other minerals be removed.

DATES: The proposed rule published April 1, 2008, at 73 FR 17268, is 
withdrawn February 23, 2009.

FOR FURTHER INFORMATION CONTACT: George Rieger, Chief, Pittsburgh Field 
Division, Office of Surface Mining Reclamation and Enforcement, 415 
Market Street, Room 304, Harrisburg, PA 17101; Telephone: 717-782-4036, 
e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Pennsylvania Program
II. Submission of the Request

I. Background on the Pennsylvania Program

    Section 503(a) of the Surface Mining Control and Reclamation Act of 
1977 (SMCRA or the Act), 30 U.S.C. 1253(a), 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 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 regulatory program on July 30, 
1982. You can find background information on the Pennsylvania program, 
including the Secretary's findings, the disposition of comments,

[[Page 8049]]

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, 938.13, 
938.15, and 938.16.

II. Submission of the Request

    By letter dated December 18, 2007, Pennsylvania sent us a request 
to remove a required amendment codified at 30 CFR 938.16(uuu). This 
required amendment pertains to regulatory exemptions for coal 
extraction incidental to the extraction of other minerals 
(Administrative Record Number PA-892.00) under SMCRA. Pennsylvania 
submitted the request because it maintained that its program was no 
less effective than the Federal requirements, and therefore, no 
amendment was necessary.
    We announced receipt of the request in the April 1, 2008 Federal 
Register (73 FR 17268-17270). In the same document, we opened the 
public comment period and provided an opportunity for a public hearing 
or meeting on the request (Administrative Record Number PA-892.03). We 
did not hold a public hearing or meeting because no one requested one. 
The public comment period ended on May 1, 2008. We received comments 
from one organization, Citizens for Pennsylvania's Future (PennFuture).
    In a letter dated December 11, 2008, Pennsylvania notified us that 
it was withdrawing the request at this time so that they can perform 
additional analysis on the issue and resubmit the amendment at a later 
date. The required amendment codified at 30 CFR 938.16(uuu) remains 
effective.

List of Subjects in 30 CFR Part 948

    Intergovernmental relations, Surface mining, Underground mine.

    Dated: January 8, 2009.
Thomas D. Shope,
 Regional Director, Appalachian Region.
[FR Doc. E9-3806 Filed 2-20-09; 8:45 am]
BILLING CODE 4310-05-P