Pennsylvania Regulatory Program, 52916-52917 [05-17613]

Download as PDF 52916 Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005 / Rules and Regulations of the ISO 9001–2000 certification or certification of compliance with an equivalent program of quality management that covers the processes described in this section of the requirements. (16) Conversion of NOAA ENC files to other formats (995.26(a)(1)). Value Added Distributor asserts that all NOAA ENC content and accuracy are preserved during the conversion process as described in this section of the requirements. (17) Conversion of NOAA ENC files to other formats/software certification (995.26(a)(2)). Value Added Distributor shall provide a copy of the type approval certificate for the software used to convert the NOAA ENC files to the Value Added Distributor’s format. (18) Conversion of NOAA ENC files to other formats/error reporting (995.26(a)(3)). 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Signed: lllllllllllllllll Title: llllllllllllllllll Date: llllllllllllllllll VerDate Aug<18>2005 11:56 Sep 02, 2005 Jkt 205001 Dated: August 9, 2005. Richard W. Spinrad, Assistant Administrator for Ocean Services and Coastal Zone Management, National Oceanic and Atmospheric Administration. [FR Doc. 05–16033 Filed 9–2–05; 8:45 am] 30 CFR Part 938 released in whole or in part at Stage 3 when the operator has completed successfully all mining and reclamation activities and has made provisions with PADEP for the sound future treatment of any pollutional discharges.’’ Accordingly, we decided to clarify our finding in support of the decision in this regard. This clarification is limited to an expansion of this finding only, and does not change or otherwise affect our decision to aprove Section 4(g)(3). We are expanding the finding related to Section 4(g)(3) to read: * * * * * [PA–124–FOR] PASMCRA Pennsylvania Regulatory Program * BILLING CODE 3510–JE–P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement Office of Surface Mining Reclamation and Enforcement (OSM), Interior. ACTION: Final rule; clarification. AGENCY: SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) is clarifying its decision with respect to one section of an amendment to the Pennsylvania regulatory program (Pennsylvania program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The amendment concerned revisions to the Pennsylvania Surface Mining Conservation and Reclamation Act (PASMCRA) and implementing regulations at 25 Pa. Code Chapters 86– 90 with regard to various issues including bonding, remining and reclamation, postmining discharges, and water supply protection/replacement. We approved this amendment, with certain exceptions, in a final rule published in the Federal Register on May 13, 2005 (70 FR 25472–25491). This clarification supplements a previous finding made in Section III. OSM’s Findings. However, it does not change or otherwise affect our decision made in Section V. OSM’s Decision. EFFECTIVE DATE: September 6, 2005. FOR FURTHER INFORMATION CONTACT: George Rieger, Director, Pittsburgh Field Division, Telephone: (717) 782–4036, e-mail: grieger@osmre.gov. SUPPLEMENTARY INFORMATION: In our May 13, 2005, decision, we approved, among other provisions, Section 4(g)(3) of PASMCRA, pertaining to Stage 3 bond release (70 FR at 25491). Our finding with respect to Section 4(g)(3) is on page 25474, Col. 2, the first complete paragraph and the ensuing three paragraphs. After publication, a member of the public pointed out a possible ambiguity with respect to our finding in support of approving the phrase, ‘‘the remaining portion of the bond could be PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 * * * * Section 4(g)(3) was modified to expressly indicate that the remaining portion of the bond could be released in whole or part at Stage 3 when the operator has completed successfully all mining and reclamation activities and has made provisions with PADEP for the sound future treatment of any pollutional discharges. That portion of the permit required for post-mining water treatment remains under bond as part of the provisions for future treatment of any pollutional discharges. Therefore, this is a form of partial bond release as provided for in 30 CFR 800.40(c) and can be approved. The Federal regulations do not allow full bond release until all requirements of the State program and the permit have been met. However, Pennsylvania has made clear in its comments on this amendment that the reference to the ‘‘whole’’ bond that can be released actually refers to the original bond. That original, standard bond can be fully released at Stage 3 where it is replaced by another approved financial instrument, such as a trust fund as a collateral bond that will fully secure the long-term water treatment obligation. This method, which uses a collateral bond, is the ‘‘provision’’ for ‘‘sound future of any pollutional discharges.’’ Additionally, Pennsylvania’s regulations at 25 Pa. Code 86.151(j), which provides that release of bonds does not alleviate the operator’s responsibility to treat discharge of mine drainage emanating from, or hydrologically connected to, the site to the standards in the permit, PASMCRA, the Clean Stream Law, the Federal Water Pollution Control Act (or Clean Water Act) and the rules and regulations thereunder, provides guidance as to what qualifies as sound future treatment. Based upon Pennsylvania’s clarification about long term financial assurance, we construe the references to ‘‘release of bonds’’ in section 86.151(j) to mean the release of the original bond, E:\FR\FM\06SER1.SGM 06SER1 Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005 / Rules and Regulations that is replaced by another bond, whether it be a trust fund or other financial instrument used as a collateral bond, that will cover the area and cost of treatment facilities. Therefore, to the extent that the reference in section 4(g)(3) to release of the ‘‘whole’’ bond means the original bond that is replaced by the new bond in the form of another financial assurance mechanism, that reference is approved. Section 4(g)(3) was also amended by deleting bond release language applicable to noncoal surface mining operations. Since SMCRA contains no counterpart to this language, the deletion of the language does not render the Pennsylvania program inconsistent with SMCRA or the implementing Federal regulations. For the above noted reasons, we are approving the amendments to Section 4(g)(3). Dated: July 14, 2005. Brent Wahlquist, Regional Director, Appalachian Region. [FR Doc. 05–17613 Filed 9–2–05; 8:45 am] BILLING CODE 4310–05–M DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD01–05–081] RIN 1625–AA09 Drawbridge Operation Regulations:Townsend Gut, ME Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is temporarily changing the drawbridge operation regulations for the operation of the SR 27 Bridge, at mile 0.7, across Townsend Gut, between Boothbay Harbor and Southport, Maine. This temporary rule allows the bridge to open at specific times between 6 a.m. and 8 p.m., after a half-hour advance notice is given. Additionally, this temporary rule allows the bridge to remain closed for nine days, September 19, 2005 through September 27, 2005. This action is necessary to help facilitate rehabilitation construction and painting at the bridge. DATES: This rule is effective from September 6, 2005 through November 30, 2005. ADDRESSES: Comments and material received from the public, as well as documents indicated in this preamble as VerDate Aug<18>2005 17:00 Sep 02, 2005 Jkt 205001 being available in the docket, are part of docket (CGD01–05–081) and are available for inspection or copying at the First Coast Guard District, Bridge Branch Office, 408 Atlantic Avenue, Boston, Massachusetts, 02110, between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Mr. John W. McDonald, Project Officer, First Coast Guard District, (617) 223–8364. SUPPLEMENTARY INFORMATION: Regulatory Information We did not publish a notice of proposed rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(3), the Coast Guard finds that good cause exists for not publishing an NPRM. Additionally, under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for making this temporary final rule effective less than 30 days after publication in the Federal Register. The Coast Guard believes that not publishing an NPRM and making this final rule effective less than 30 days after publication is necessary for the reasons discussed below, coupled with the fact that the bridge rehabilitation is necessary, vital work that must be performed in order to assure the continued, safe, and reliable operation of the bridge. Any delay in the implementation of this regulation would not be in the best interest of the public and public safety. On January 5, 2005, we published a notice of proposed rulemaking (NPRM) entitled Drawbridge Operation Regulations, Townsend Gut, Maine, in the Federal Register (70 FR 773). We received no comments in response to the notice of proposed rulemaking. No public hearing was requested and none was held. Then, on March 16, 2005, we published a temporary final rule (TFR) entitled Drawbridge Operation Regulations, Townsend Gut, Maine, in the Federal Register (70 FR 12805) which suspended the existing regulations and put in place temporary rules effective until November 30, 2005. On July 23, 2005, the bridge owner requested additional regulatory action to help facilitate the timely completion of the bridge painting aspect of this project. The contractor’s progress would not allow completion of the project on time before the winter months, which require painting operations to stop due to cold temperatures. As a result, the bridge owner requested that the bridge remain closed at night from 8 p.m. through 6 a.m. to allow the contractor uninterrupted time to complete the bridge repairs and painting. However, before we could publish the requested PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 52917 change to the temporary regulation the bridge owner again changed their request. The bridge owner advised the Coast Guard that the night closure plan would not work due to known adverse public response to nighttime operations. As a result of the late notice from the bridge owner and the necessity to complete vital repairs, the Coast Guard is now revising the current rules to allow the bridge to open less frequently during the daytime. Background and Purpose The SR 27 Bridge has a vertical clearance of 10 feet at mean high water, and 19 feet at mean low water in the closed position. The permanent drawbridge operating regulations at 33 CFR 117.5, which were suspended from March 14, 2005 through November 30, 2005, require the bridge to open on signal at all times. On January 5, 2005, we published a notice of proposed rulemaking (NPRM) entitled Drawbridge Operation Regulations, Townsend Gut, Maine, in the Federal Register (70 FR 773). We received no comments in response to the notice of proposed rulemaking. No public hearing was requested and none was held. On March 16, 2005, we published a temporary final rule (TFR) entitled Drawbridge Operation Regulations, Townsend Gut, Maine, in the Federal Register (70 FR 12805). On July 23, 2005, the bridge owner requested additional regulatory action to help facilitate the timely completion of the bridge painting portion of this project. The contractor’s progress would not allow completion of the project before the winter months when painting operations are not possible due to cold temperatures. As a result, the Coast Guard is revising the current temporary rules to allow the bridge to open less frequently during the daytime. A halfhour advance notice will be required to allow the construction workers sufficient time to clear the bridge before each bridge opening. Under this temporary rule the bridge will open during the daytime at 6 a.m., 12 p.m., 6 p.m. and 8 p.m., after a half-hour notice is given by calling the number posted at the bridge. At all other times from 8 p.m. until 6 a.m., the bridge will open on signal. In order to facilitate necessary repairs, the bridge owner requested a nine-day bridge closure from September 19, 2005 through September 27, 2005. Therefore, in addition to the 4 closure periods identified in the March 16, 2005 temporary final rule, which have already occurred, the bridge will be closed from September 19, 2005 through E:\FR\FM\06SER1.SGM 06SER1

Agencies

[Federal Register Volume 70, Number 171 (Tuesday, September 6, 2005)]
[Rules and Regulations]
[Pages 52916-52917]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17613]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 938

[PA-124-FOR]


Pennsylvania Regulatory Program

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

ACTION: Final rule; clarification.

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

SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is clarifying its decision with respect to one section of an amendment 
to the Pennsylvania regulatory program (Pennsylvania program) under the 
Surface Mining Control and Reclamation Act of 1977 (SMCRA). The 
amendment concerned revisions to the Pennsylvania Surface Mining 
Conservation and Reclamation Act (PASMCRA) and implementing regulations 
at 25 Pa. Code Chapters 86-90 with regard to various issues including 
bonding, remining and reclamation, postmining discharges, and water 
supply protection/replacement. We approved this amendment, with certain 
exceptions, in a final rule published in the Federal Register on May 
13, 2005 (70 FR 25472-25491). This clarification supplements a previous 
finding made in Section III. OSM's Findings. However, it does not 
change or otherwise affect our decision made in Section V. OSM's 
Decision.

EFFECTIVE DATE: September 6, 2005.

FOR FURTHER INFORMATION CONTACT: George Rieger, Director, Pittsburgh 
Field Division, Telephone: (717) 782-4036, e-mail: grieger@osmre.gov.

SUPPLEMENTARY INFORMATION: In our May 13, 2005, decision, we approved, 
among other provisions, Section 4(g)(3) of PASMCRA, pertaining to Stage 
3 bond release (70 FR at 25491). Our finding with respect to Section 
4(g)(3) is on page 25474, Col. 2, the first complete paragraph and the 
ensuing three paragraphs. After publication, a member of the public 
pointed out a possible ambiguity with respect to our finding in support 
of approving the phrase, ``the remaining portion of the bond could be 
released in whole or in part at Stage 3 when the operator has completed 
successfully all mining and reclamation activities and has made 
provisions with PADEP for the sound future treatment of any pollutional 
discharges.'' Accordingly, we decided to clarify our finding in support 
of the decision in this regard. This clarification is limited to an 
expansion of this finding only, and does not change or otherwise affect 
our decision to aprove Section 4(g)(3). We are expanding the finding 
related to Section 4(g)(3) to read:
* * * * *
PASMCRA
* * * * *
    Section 4(g)(3) was modified to expressly indicate that the 
remaining portion of the bond could be released in whole or part at 
Stage 3 when the operator has completed successfully all mining and 
reclamation activities and has made provisions with PADEP for the sound 
future treatment of any pollutional discharges. That portion of the 
permit required for post-mining water treatment remains under bond as 
part of the provisions for future treatment of any pollutional 
discharges. Therefore, this is a form of partial bond release as 
provided for in 30 CFR 800.40(c) and can be approved.
    The Federal regulations do not allow full bond release until all 
requirements of the State program and the permit have been met. 
However, Pennsylvania has made clear in its comments on this amendment 
that the reference to the ``whole'' bond that can be released actually 
refers to the original bond. That original, standard bond can be fully 
released at Stage 3 where it is replaced by another approved financial 
instrument, such as a trust fund as a collateral bond that will fully 
secure the long-term water treatment obligation. This method, which 
uses a collateral bond, is the ``provision'' for ``sound future of any 
pollutional discharges.''
    Additionally, Pennsylvania's regulations at 25 Pa. Code 86.151(j), 
which provides that release of bonds does not alleviate the operator's 
responsibility to treat discharge of mine drainage emanating from, or 
hydrologically connected to, the site to the standards in the permit, 
PASMCRA, the Clean Stream Law, the Federal Water Pollution Control Act 
(or Clean Water Act) and the rules and regulations thereunder, provides 
guidance as to what qualifies as sound future treatment. Based upon 
Pennsylvania's clarification about long term financial assurance, we 
construe the references to ``release of bonds'' in section 86.151(j) to 
mean the release of the original bond,

[[Page 52917]]

that is replaced by another bond, whether it be a trust fund or other 
financial instrument used as a collateral bond, that will cover the 
area and cost of treatment facilities. Therefore, to the extent that 
the reference in section 4(g)(3) to release of the ``whole'' bond means 
the original bond that is replaced by the new bond in the form of 
another financial assurance mechanism, that reference is approved.
    Section 4(g)(3) was also amended by deleting bond release language 
applicable to noncoal surface mining operations. Since SMCRA contains 
no counterpart to this language, the deletion of the language does not 
render the Pennsylvania program inconsistent with SMCRA or the 
implementing Federal regulations.
    For the above noted reasons, we are approving the amendments to 
Section 4(g)(3).

    Dated: July 14, 2005.
Brent Wahlquist,
Regional Director, Appalachian Region.
[FR Doc. 05-17613 Filed 9-2-05; 8:45 am]
BILLING CODE 4310-05-M
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