Pennsylvania Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 938

[PA-122-FOR]

Pennsylvania Regulatory Program

AGENCY: OSM, Interior.

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

period.

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

SUMMARY: In a letter dated July 29, 1998 (Administrative Record No. PA-

841.07), the Pennsylvania Department of Environmental Protection

submitted to OSM proposed regulatory amendments to the Pennsylvania

regulatory program under the Surface Mining Control and Reclamation Act

of 1977 (SMCRA). The amendment proposes changes to the Pennsylvania

program with regard to the mine subsidence control, subsidence damage

repair or replacement, and water supply replacement provisions of

SMCRA. The amendment submission included Act 54 and implementing

regulations. OSM announced receipt of the amendment in the August 25,

1998, Federal Register (63 FR 45199) and solicited public comments on

the proposed regulatory changes. The August 25, 1998, notice stated

that the public comment period would end on September 24, 1998, and if

a hearing on the amendment is requested, that the hearing would be held

on September 21, 1998.

Several individuals requested that a public hearing be held in

Washington, Pennsylvania. These individuals also requested additional

time to prepare for the hearing. OSM is honoring this request in order

to give interested parties ample notification of the hearing location,

and ample time to prepare their comments for the hearing. As a result,

the deadline for submitting public comments has been extended.

This notice sets forth the times and location of the pending public

hearing, and the extended deadline that public comments can be

submitted to OSM regarding the adequacy of the proposed amendment.

DATES: Written comments must be received on or before 4:00 p.m. on

October 19, 1998, to ensure consideration in the rulemaking process.

The public hearing will be held at 6:30 p.m. on October 13, 1998.

ADDRESSES: Written comments and requests to testify at the hearing

should be mailed or hand-delivered to Mr. Robert J. Biggi, Director,

Harrisburg Field Office at the first address listed below.

Copies of the Pennsylvania program, the proposed amendment, a

listing of any scheduled public meetings or hearing, and all written

comments received in response to this notice will be available for

public review at the addresses listed below during normal business

hours, Monday through Friday, excluding holidays:

Office of Surface Mining Reclamation and Enforcement, Harrisburg

Field Office, Third Floor, Suite 3C, Harrisburg Transportation Center,

415 Market Street, Harrisburg, Pennsylvania 17101, Telephone: (717)

782-4036.

Pennsylvania Department of Environmental Protection, Bureau of

Mining and Reclamation, Rachel Carson State Office Building, P.O. Box

8461, Harrisburg, Pennsylvania 17105-8461, Telephone: (717) 787-5103.

Each requester may receive, free of charge, one copy of the

proposed amendment by contacting the OSM Harrisburg Field Office.

The public hearing will be held at the Ramada Inn, 1170 West

Chestnut Street, Washington, Pennsylvania 15301-4631.

FOR FURTHER INFORMATION CONTACT: Robert J. Biggi, Director, Harrisburg

Field Office, Telephone (717) 782-4036.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

In accordance with the provisions of 30 CFR 884.15, OSM is seeking

comment on whether the amendment proposed by Pennsylvania satisfies the

applicable requirements for the approval of State program amendments.

If the amendment is deemed adequate, it will become part of the

Pennsylvania program.

Written Comments

Written comments should be specific, pertain only to the issues

proposed in this rulemaking, and include explanations in support of the

commenter's recommendations. Comments received after the time indicated

under DATES or at locations other than the Harrisburg Field Office will

not necessarily be considered in the final rulemaking or included in

the Administrative Record.

Public Hearing

Persons wishing to comment at the public hearing should contact the

person listed under FOR FURTHER INFORMATION CONTACT by close of

business on October 6, 1998. Filing of a written statement at the time

of the hearing is requested as it will greatly assist the transcriber.

The public hearing will continue on the specified date until all

persons scheduled to comment have been heard. Persons in the audience

who have not been scheduled to comment and who wish to do so will be

heard following those scheduled. The hearing will end after all persons

who desire to comment have been heard.

II. Procedural Determinations

Executive Order 12866

This proposed rule is exempted from review by the Office of

Management and Budget (OMB) under Executive Order 12866 (Regulatory

Planning and Review).

Executive Order 12988

The Department of the Interior has conducted the reviews required

by

[[Page 51325]]

section 3 of Executive Order 12988 (Civil Justice Reform) and has

determined that, to the extent allowed by law, this rule meets the

applicable standards of subsections (a) and (b) of that section.

However, these standards are not applicable to the actual language of

State regulatory programs and program amendments since each such

program is drafted and promulgated by a specific State, not by OSM.

Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and 30

CFR 730.11, 732.15, and 732.17(h)(10), decisions on proposed State

regulatory programs and program amendments submitted by the States must

be based solely on a determination of whether the submittal is

consistent with SMCRA and its implementing Federal regulations and

whether the other requirements of 30 CFR Parts 730, 731, and 732 have

been met.

National Environmental Policy Act

No environmental impact statement is required for this rule since

section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency

decisions on proposed State regulatory program provisions do not

constitute major Federal actions within the meaning of section

102(2)(C) of the National Environmental Policy Act (42 U.S.C.

4332(2)(C)).

Paperwork Reduction Act

This rule does not contain information collection requirements that

require approval by OMB under the Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

Regulatory Flexibility Act

The Department of the Interior has determined that this rule will

not have a significant economic impact on a substantial number of small

entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

The State submittal which is the subject of this rule is based upon

corresponding Federal regulations for which an economic analysis was

prepared and certification made that such regulations would not have a

significant economic effect upon a substantial number of small

entities. Accordingly, this rule will ensure that existing requirements

previously promulgated by OSM will be implemented by the State. In

making the determination as to whether this rule would have a

significant economic impact, the Department relied upon the data and

assumptions in the analyses for the corresponding Federal regulations.

Unfunded Mandates

This rule will not impose a cost of $100 million or more in any

given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 938

Intergovernmental relations, Surface mining, Underground mining.

Dated: September 18, 1998.

Ronald C. Recker,

Acting Regional Director, Appalachian Regional Coordinating Center.

[FR Doc. 98-25673 Filed 9-24-98; 8:45 am]

BILLING CODE 4310-05-P