Pennsylvania Regulatory Program, 6587-6589 [2011-2601]
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Federal Register / Vol. 76, No. 25 / Monday, February 7, 2011 / Proposed Rules
of Bombardier Service Bulletin 84–28–03,
Revision C, dated May 15, 2009.
Actions Applicable to Airplanes S/N 4119
Through 4205 Inclusive
(k) For airplanes having S/N 4119 through
4205 inclusive: Within 6,000 flight hours
after the effective date of this AD, incorporate
Bombardier Modsum 4–113580, ‘‘Fuel
Indication—High Level Sensor—Application
of Sealant to Exposed End of Sensor
Terminal Block Screws—Special Inspection
and Rectification,’’ by doing all the applicable
actions in the Accomplishment Instructions
of Bombardier Service Bulletin 84–28–07,
dated August 1, 2008.
Credit for Actions Accomplished in
Accordance With Previous Service
Information
(l) Incorporation of Bombardier Modsum
4–126330 prior to the effective date of this
AD according to the instructions contained in
Bombardier Service Bulletin 84–57–09,
Revision A, dated March 19, 2007, meets the
requirements of paragraph (g)(1) of this AD.
(m) Incorporation of Bombardier Modsum
4–126366 prior to the effective date of this
AD according to the instructions contained in
Bombardier Service Bulletin 84–28–04, dated
June 29, 2006; or Revision A, dated
November 15, 2006; meets the requirements
of paragraph (g)(2) of this AD.
(n) Incorporation of Bombardier Modsum
4–126370 prior to the effective date of this
AD according to instructions contained in
Bombardier Service Bulletin 84–28–03,
Revision B, dated October 18, 2006, meets
the requirements of paragraphs (i) and (j) of
this AD.
FAA AD Differences
Note 1: This AD differs from the MCAI
and/or service information as follows: The
MCAI specifies to do Bombardier FSL Task
28400–417, but does not specify what to do
if the functional check finds that measured
resistance exceeds the specified values. This
AD requires contacting the Manager, New
York ACO, FAA, or TCCA (or its delegated
agent) for repair/rework instructions.
Other FAA AD Provisions
(o) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, ANE–170, New York
ACO, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send
information to Attn: Program Manager,
Continuing Operational Safety, FAA, New
6587
York ACO, 1600 Stewart Avenue, Suite 410,
Westbury, New York 11590; telephone 516–
228–7300; fax 516–794–5531. Before using
any approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the local flight
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district office. The AMOC approval letter
must specifically reference this AD.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
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(or their delegated agent). You are required
to assure the product is airworthy before it
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Related Information
(p) Refer to MCAI Canadian Airworthiness
Directive CF–2010–31, dated September 3,
2010; Bombardier Task 284000–417 in
Section 4–1, Fuel System Limitations, of Part
2—Airworthiness Limitation Items, Revision
5, dated April 21, 2010, of Bombardier Q400
Dash 8 Maintenance Requirements Manual,
PSM 1–84–7; and the Bombardier service
bulletins identified in Table 1 of this AD; for
related information.
TABLE 1—RELEVANT SERVICE INFORMATION
Bombardier Service Bulletin—
Revision—
Dated—
84–28–03
84–28–04
84–28–05
84–28–07
84–57–09
C ......................................................................................
B ......................................................................................
Original ............................................................................
Original ............................................................................
B ......................................................................................
May 15, 2009.
October 21, 2009.
June 28, 2006.
August 1, 2008.
September 3, 2008.
..........................................................................
..........................................................................
..........................................................................
..........................................................................
..........................................................................
Dated: Issued in Renton, Washington, on
January 31, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2011–2613 Filed 2–4–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 938
[PA–159–FOR; OSM 2010–0017]
wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Pennsylvania Regulatory Program
Office of Surface Mining
Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment
period and opportunity for public
hearing on removal of required
amendment.
AGENCY:
We are announcing receipt of
a request to remove a required
amendment to the Pennsylvania
SUMMARY:
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14:53 Feb 04, 2011
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regulatory program (the ‘‘Pennsylvania
program’’) under the Surface Mining
Control and Reclamation Act of 1977
(SMCRA or the Act). In response to a
required program amendment codified
in the Federal regulations, Pennsylvania
has submitted information that it
believes demonstrates that sufficient
funds exist to guarantee coverage of the
full cost of land reclamation at all sites
originally permitted and bonded under
its now-defunct alternative bonding
system. Pennsylvania requests that the
program amendment be removed based
on the information provided.
This document gives the times and
locations that the Pennsylvania program
and this submittal are available for your
inspection, the comment period during
which you may submit written
comments, and the procedures that we
will follow for the public hearing, if one
is requested.
DATES: We will accept written
comments until 4 p.m., local time
March 9, 2011. If requested, we will
hold a public hearing on March 4, 2011.
We will accept requests to speak until
4 p.m., local time on February 22, 2011.
PO 00000
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You may submit comments,
identified by ‘‘PA–159–FOR; Docket ID:
OSM–2010–0017’’ by either of the
following two methods:
Federal eRulemaking Portal: https://
www.regulations.gov. The proposed rule
has been assigned Docket ID: OSM–
2010–0017. If you would like to submit
comments through the Federal
eRulemaking Portal, go to https://
www.regulations.gov and follow the
instructions.
Mail/Hand Delivery/Courier: Mr.
George Rieger, Chief, Pittsburgh Field
Division, Office of Surface Mining
Reclamation and Enforcement,
Harrisburg Transportation Center, 415
Market St., Suite 304, Harrisburg, PA
17101.
Instructions: For detailed instructions
on submitting comments and additional
information on the rulemaking process,
see the ‘‘Public Comment Procedures’’
heading of the SUPPLEMENTARY
INFORMATION section of this document.
Docket: In addition to obtaining
copies of documents at https://
www.regulations.gov, information may
also be obtained at the addresses listed
ADDRESSES:
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6588
Federal Register / Vol. 76, No. 25 / Monday, February 7, 2011 / Proposed Rules
below during normal business hours,
Monday through Friday, excluding
holidays. You may receive one free copy
of the amendment by contacting OSM’s
Pittsburgh Field Division Office.
George Rieger, Chief, Pittsburgh Field
Division, Office of Surface Mining
Reclamation and Enforcement,
Harrisburg Transportation Center, 415
Market St., Suite 304, Harrisburg,
Pennsylvania 17101, Telephone: (717)
782–4036, E-mail: grieger@osmre.gov.
Thomas Callaghan, P.G., Director,
Bureau of Mining and Reclamation,
Pennsylvania Department of
Environmental Protection, Rachel
Carson State Office Building, P.O. Box
8461, Harrisburg, Pennsylvania
17105–8461, Telephone: (717) 787–
5015, E-mail: tcallaghan@state.pa.us.
FOR FURTHER INFORMATION CONTACT:
George Rieger, Telephone: (717) 782–
4036. E-mail: grieger@osmre.gov.
SUPPLEMENTARY INFORMATION:
wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
I. Background on the Pennsylvania Program
II. Description of the Request
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Pennsylvania
Program
Section 503(a) of the Act permits a
State to assume primacy for the
regulation of surface coal mining and
reclamation operations on non-Federal
and non-Indian lands within its borders
by demonstrating that its program
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 this Act * * *; and
rules and regulations consistent with
regulations issued by the Secretary
pursuant to this Act.’’ See 30 U.S.C.
1253(a)(1) and (7). On the basis of these
criteria, the Secretary of the Interior
conditionally approved the
Pennsylvania program on July 30, 1982.
You can find background information
on the Pennsylvania program, including
the Secretary’s findings, the disposition
of comments, and conditions of
approval of the Pennsylvania program
in the July 30, 1982, Federal Register
(47 FR 33050). You can also find later
actions concerning the Pennsylvania
program and program amendments at 30
CFR 938.11, 938.12, 938.13, 938.15, and
938.16.
II. Description of the Request
By letter dated October 1, 2010,
(Administrative Record Number PA
802.72), Pennsylvania sent us a
response to a program amendment that
was required by OSMRE in a final rule
notice published in the Federal Register
on August 10, 2010, (75 FR 48526) and
VerDate Mar<15>2010
14:53 Feb 04, 2011
Jkt 223001
codified in the Federal Regulations at 30
CFR 938.16(h). The revised required
amendment was in response to a
previously required bonding
amendment requirement codified at 30
CFR 938.16(h) and Pennsylvania’s
subsequent submission. After review of
the amendment submission, we
approved the majority of the submission
but determined Pennsylvania had not
provided guaranteed funding to cover
the cost of the outstanding land
reclamation liabilities at the Lehigh Coal
and Navigation and Coal Contractors,
Inc. sites in the event the bonds for
these sites are forfeited. We revised the
required amendment at 30 CFR
938.16(h) and required the PADEP to
ensure its program provides suitable,
enforceable funding mechanisms that
are sufficient to guarantee coverage of
the full cost of land reclamation at all
sites originally permitted and bonded
under the alternative bonding system.
Pennsylvania provided information it
believes demonstrates that available
funds are more than sufficient to
guarantee coverage of the full cost of
land reclamation at these two sites. The
supporting information, can be obtained
from the locations listed under
ADDRESSES, includes a Demonstration of
Available Funding; Coal Contractors
2009 Annual Bond Review; Lehigh Coal
and Navigation Annual Bond Review;
Updated Estimates for the Alternative
Bonding System Bond Forfeiture
Discharge Treatment Sites; and Updated
Land Reclamation Estimates.
Pennsylvania requests that we remove
the condition found at 30 CFR 938.16(h)
based on this demonstration.
III. Public Comment Procedures
Under the provisions of 30 CFR
732.17(h), we are seeking your
comments on whether the submission
satisfies the applicable program
approval criteria of 30 CFR 732.15. If we
approve the amendment, it will become
part of the Pennsylvania program.
Electronic or Written Comments
If you submit written comments, they
should be specific, confined to issues
pertinent to the proposed regulations,
and explain the reason for any
recommended change(s). We appreciate
any and all comments, but those most
useful and likely to influence decisions
on the final regulations will be those
that either involve personal experience
or include citations to and analyses of
SMCRA, its legislative history, its
implementing regulations, case law,
other pertinent Tribal or Federal laws or
regulations, technical literature, or other
relevant publications. We cannot ensure
that comments received after the close
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Fmt 4702
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of the comment period (see DATES) or
sent to an address other than those
listed above (see ADDRESSES) will be
included in the docket for this
rulemaking and considered.
Public Availability of Comments
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so. We will not consider anonymous
comments.
Public Hearing
If you wish to speak at the public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT by
4 p.m., local time February 22, 2011. If
you are disabled and need reasonable
accommodations to attend a public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT. We
will arrange the location and time of the
hearing with those persons requesting
the hearing. If no one requests an
opportunity to speak, we will not hold
the hearing.
To assist the transcriber and ensure an
accurate record, we request, if possible,
that each person who speaks at a public
hearing provide us with a written copy
of his or her comments. The public
hearing will continue on the specified
date until everyone scheduled to speak
has been given an opportunity to be
heard. If you are in the audience and
have not been scheduled to speak and
wish to do so, you will be allowed to
speak after those who have been
scheduled. We will end the hearing after
everyone scheduled to speak and others
present in the audience who wish to
speak, have been heard.
Public Meeting
If there is only limited interest in
participating in a public hearing, we
may hold a public meeting rather than
a public hearing. If you wish to meet
with us to discuss the submission,
please request a meeting by contacting
the person listed under FOR FURTHER
INFORMATION CONTACT. All such meetings
are open to the public and, if possible,
we will post notices of meetings at the
locations listed under ADDRESSES. We
will make a written summary of each
meeting a part of the administrative
record.
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Federal Register / Vol. 76, No. 25 / Monday, February 7, 2011 / Proposed Rules
IV. Procedural Determinations
Executive Order 12866—Regulatory
Planning and Review
This rule is exempted from review by
the Office of Management and Budget
(OMB) under Executive Order 12866.
Other Laws and Executive Orders
Affecting Rulemaking
When a State submits a program
amendment to OSM for review, our
regulations at 30 CFR 732.17(h) require
us to publish a notice in the Federal
Register indicating receipt of the
proposed amendment, its text or a
summary of its terms, and an
opportunity for public comment. We
conclude our review of the proposed
amendment after the close of the public
comment period and determine whether
the amendment should be approved,
approved in part, or not approved. At
that time, we will also make the
determinations and certifications
required by the various laws and
executive orders governing the
rulemaking process and include them in
the final rule.
List of Subjects in 30 CFR Part 938
Intergovernmental relations, Surface
mining, Underground mining.
Dated: November 12, 2010.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. 2011–2601 Filed 2–4–11; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 948
[WV–116–FOR; OSM–2009–0008]
West Virginia Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; reopening of
comment period.
AGENCY:
We are reopening the public
comment period on the proposed West
Virginia Regulatory Program rule
published on October 21, 2009. The
comment period is being reopened in
order to afford the public the
opportunity to comment on the
proposed amendment to change a type
of cropland postmining land use from
‘‘bio oil’’ to ‘‘bio fuel.’’ In the initial
proposed rule announcing receipt of the
amendment, the Office of Surface
Mining Reclamation and Enforcement
(OSM) characterized the change as non-
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SUMMARY:
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Jkt 223001
substantive, and did not note where the
changes occurred throughout the
regulations. Concerns were raised about
the use of ‘‘bio-fuel’’ as a postmining
land use (unrelated to this amendment)
and OSM asked the West Virginia
Department of Environmental Protection
(WVDEP) to clarify why the State was
changing the term ‘‘bio-oil’’ to ‘‘bio-fuel.’’
DATES: Comments on the proposed rule
must be received on or before 4 p.m.,
local time on February 22, 2011.
ADDRESSES: You may submit comments
by any of the following two methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. The proposed rule
has been assigned Docket ID: OSM–
2009–0008. If you would like to submit
comments through the Federal
eRulemaking Portal, go to https://
www.regulations.gov and follow the
instructions.
• Mail/Hand Delivery: Mr. Roger W.
Calhoun, Director, Charleston Field
Office, Office of Surface Mining
Reclamation and Enforcement, 1027
Virginia Street, East, Charleston, West
Virginia 25301. Please include the rule
identifier (WV–116–FOR) with your
written comments. Instructions: All
submissions received must include the
agency Docket ID (OSM–2009–0008) for
this rulemaking.
For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document. You may also
request to speak at a public hearing by
any of the methods listed above or by
contacting the individual listed under
FOR FURTHER INFORMATION CONTACT.
Docket: The proposed rule and any
comments that are submitted may be
viewed over the Internet at https://
www.regulations.gov. Look for Docket
ID OSM–2009–0008. In addition, you
may review copies of the West Virginia
program, this amendment, a listing of
any scheduled public hearings, and all
written comments received in response
to this document at the addresses listed
below during normal business hours,
Monday through Friday, excluding
holidays. You may also receive one free
copy of this amendment by contacting
OSM’s Charleston Field Office listed
below.
Mr. Roger W. Calhoun, Director,
Charleston Field Office, Office of
Surface Mining Reclamation and
Enforcement, 1027 Virginia Street,
East, Charleston, West Virginia 25301,
Telephone: (304) 347–7158. E-mail:
chfo@osmre.gov.
West Virginia Department of
Environmental Protection, 601 57th
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Frm 00018
Fmt 4702
Sfmt 4702
6589
Street, SE., Charleston, WV 25304,
Telephone: (304) 926–0490.
In addition, you may review a copy of
the amendment during regular business
hours at the following locations:
Office of Surface Mining Reclamation
and Enforcement, Morgantown Area
Office, 604 Cheat Road, Suite 150,
Morgantown, West Virginia 26508,
Telephone: (304) 291–4004. (By
appointment only).
Office of Surface Mining Reclamation
and Enforcement, Beckley Area
Office, 313 Harper Park Drive, Suite 3,
Beckley, West Virginia 25801,
Telephone: (304) 255–5265.
Mr.
Roger W. Calhoun, Director, Charleston
Field Office, Telephone: (304) 347–
7158. E-mail: chfo@osmre.gov.
FOR FURTHER INFORMATION CONTACT:
On
October 21, 2009 (74 FR 53972), we
published a proposed rule that would
revise the West Virginia surface mining
regulatory program. The revisions
would address various issues including,
but not limited to, continued oversight
by the Secretary of ‘‘approved’’ persons
who prepare, sign, or certify mining
permit applications and related
materials; regarding incidental
boundary revisions to existing permits,
clarifying that certain types of collateral
activities are part of the primary mining
operations and therefore subject to the
same acreage limitations, while
providing more relevant and exacting
criteria for the Secretary to consider in
evaluating an application for revision;
deleting the bonding matrix form;
changing term ‘‘Bio-oil’’ to ‘‘Bio fuel’’;
and clarifying standards contained in
subsection 9.3.f that pertain to areas
developed for hayland or pasture use.
In our announcement of the State’s
submission of the amendment, we
stated that the ‘‘changes regarding the
term ‘Bio-oil’ to ‘Bio-fuel’ in the
program amendments are nonsubstantive in nature.’’ Subsequently,
concerns within OSM arose regarding
the definitions WVDEP was using for
the terms and we asked them to clarify
both definitions. In an e-mail to OSM
dated July 26, 2010, WVDEP stated that
‘‘Biofuels cover are [sic] a wide range of
fuels which are derived from biomass.
The term covers solid biomass, liquid
fuels and various biogases while bio-oil
was limited to biodiesel.’’ Given these
definitions, it appears that we
inadvertently mischaracterized the
change from ‘‘bio-oil’’ to ‘‘bio-fuel’’ as
non-substantive and the issue was not
properly explained in the amendment.
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 76, Number 25 (Monday, February 7, 2011)]
[Proposed Rules]
[Pages 6587-6589]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2601]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 938
[PA-159-FOR; OSM 2010-0017]
Pennsylvania Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on removal of required amendment.
-----------------------------------------------------------------------
SUMMARY: We are announcing receipt of a request to remove a required
amendment to the Pennsylvania regulatory program (the ``Pennsylvania
program'') under the Surface Mining Control and Reclamation Act of 1977
(SMCRA or the Act). In response to a required program amendment
codified in the Federal regulations, Pennsylvania has submitted
information that it believes demonstrates that sufficient funds exist
to guarantee coverage of the full cost of land reclamation at all sites
originally permitted and bonded under its now-defunct alternative
bonding system. Pennsylvania requests that the program amendment be
removed based on the information provided.
This document gives the times and locations that the Pennsylvania
program and this submittal are available for your inspection, the
comment period during which you may submit written comments, and the
procedures that we will follow for the public hearing, if one is
requested.
DATES: We will accept written comments until 4 p.m., local time March
9, 2011. If requested, we will hold a public hearing on March 4, 2011.
We will accept requests to speak until 4 p.m., local time on February
22, 2011.
ADDRESSES: You may submit comments, identified by ``PA-159-FOR; Docket
ID: OSM-2010-0017'' by either of the following two methods:
Federal eRulemaking Portal: https://www.regulations.gov. The
proposed rule has been assigned Docket ID: OSM-2010-0017. If you would
like to submit comments through the Federal eRulemaking Portal, go to
https://www.regulations.gov and follow the instructions.
Mail/Hand Delivery/Courier: Mr. George Rieger, Chief, Pittsburgh
Field Division, Office of Surface Mining Reclamation and Enforcement,
Harrisburg Transportation Center, 415 Market St., Suite 304,
Harrisburg, PA 17101.
Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the ``Public
Comment Procedures'' heading of the SUPPLEMENTARY INFORMATION section
of this document.
Docket: In addition to obtaining copies of documents at https://www.regulations.gov, information may also be obtained at the addresses
listed
[[Page 6588]]
below during normal business hours, Monday through Friday, excluding
holidays. You may receive one free copy of the amendment by contacting
OSM's Pittsburgh Field Division Office.
George Rieger, Chief, Pittsburgh Field Division, Office of Surface
Mining Reclamation and Enforcement, Harrisburg Transportation Center,
415 Market St., Suite 304, Harrisburg, Pennsylvania 17101, Telephone:
(717) 782-4036, E-mail: grieger@osmre.gov.
Thomas Callaghan, P.G., Director, Bureau of Mining and Reclamation,
Pennsylvania Department of Environmental Protection, Rachel Carson
State Office Building, P.O. Box 8461, Harrisburg, Pennsylvania 17105-
8461, Telephone: (717) 787-5015, E-mail: tcallaghan@state.pa.us.
FOR FURTHER INFORMATION CONTACT: George Rieger, Telephone: (717) 782-
4036. E-mail: grieger@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Pennsylvania Program
II. Description of the Request
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Pennsylvania Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its program 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 this Act * * *; and rules and
regulations consistent with regulations issued by the Secretary
pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On the basis
of these criteria, the Secretary of the Interior conditionally approved
the Pennsylvania program on July 30, 1982. You can find background
information on the Pennsylvania program, including the Secretary's
findings, the disposition of comments, and conditions of approval of
the Pennsylvania program in the July 30, 1982, Federal Register (47 FR
33050). You can also find later actions concerning the Pennsylvania
program and program amendments at 30 CFR 938.11, 938.12, 938.13,
938.15, and 938.16.
II. Description of the Request
By letter dated October 1, 2010, (Administrative Record Number PA
802.72), Pennsylvania sent us a response to a program amendment that
was required by OSMRE in a final rule notice published in the Federal
Register on August 10, 2010, (75 FR 48526) and codified in the Federal
Regulations at 30 CFR 938.16(h). The revised required amendment was in
response to a previously required bonding amendment requirement
codified at 30 CFR 938.16(h) and Pennsylvania's subsequent submission.
After review of the amendment submission, we approved the majority of
the submission but determined Pennsylvania had not provided guaranteed
funding to cover the cost of the outstanding land reclamation
liabilities at the Lehigh Coal and Navigation and Coal Contractors,
Inc. sites in the event the bonds for these sites are forfeited. We
revised the required amendment at 30 CFR 938.16(h) and required the
PADEP to ensure its program provides suitable, enforceable funding
mechanisms that are sufficient to guarantee coverage of the full cost
of land reclamation at all sites originally permitted and bonded under
the alternative bonding system.
Pennsylvania provided information it believes demonstrates that
available funds are more than sufficient to guarantee coverage of the
full cost of land reclamation at these two sites. The supporting
information, can be obtained from the locations listed under ADDRESSES,
includes a Demonstration of Available Funding; Coal Contractors 2009
Annual Bond Review; Lehigh Coal and Navigation Annual Bond Review;
Updated Estimates for the Alternative Bonding System Bond Forfeiture
Discharge Treatment Sites; and Updated Land Reclamation Estimates.
Pennsylvania requests that we remove the condition found at 30 CFR
938.16(h) based on this demonstration.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether the submission satisfies the applicable program
approval criteria of 30 CFR 732.15. If we approve the amendment, it
will become part of the Pennsylvania program.
Electronic or Written Comments
If you submit written comments, they should be specific, confined
to issues pertinent to the proposed regulations, and explain the reason
for any recommended change(s). We appreciate any and all comments, but
those most useful and likely to influence decisions on the final
regulations will be those that either involve personal experience or
include citations to and analyses of SMCRA, its legislative history,
its implementing regulations, case law, other pertinent Tribal or
Federal laws or regulations, technical literature, or other relevant
publications. We cannot ensure that comments received after the close
of the comment period (see DATES) or sent to an address other than
those listed above (see ADDRESSES) will be included in the docket for
this rulemaking and considered.
Public Availability of Comments
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you may
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so. We will not consider anonymous comments.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., local time
February 22, 2011. If you are disabled and need reasonable
accommodations to attend a public hearing, contact the person listed
under FOR FURTHER INFORMATION CONTACT. We will arrange the location and
time of the hearing with those persons requesting the hearing. If no
one requests an opportunity to speak, we will not hold the hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at a public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone scheduled to
speak has been given an opportunity to be heard. If you are in the
audience and have not been scheduled to speak and wish to do so, you
will be allowed to speak after those who have been scheduled. We will
end the hearing after everyone scheduled to speak and others present in
the audience who wish to speak, have been heard.
Public Meeting
If there is only limited interest in participating in a public
hearing, we may hold a public meeting rather than a public hearing. If
you wish to meet with us to discuss the submission, please request a
meeting by contacting the person listed under FOR FURTHER INFORMATION
CONTACT. All such meetings are open to the public and, if possible, we
will post notices of meetings at the locations listed under ADDRESSES.
We will make a written summary of each meeting a part of the
administrative record.
[[Page 6589]]
IV. Procedural Determinations
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866.
Other Laws and Executive Orders Affecting Rulemaking
When a State submits a program amendment to OSM for review, our
regulations at 30 CFR 732.17(h) require us to publish a notice in the
Federal Register indicating receipt of the proposed amendment, its text
or a summary of its terms, and an opportunity for public comment. We
conclude our review of the proposed amendment after the close of the
public comment period and determine whether the amendment should be
approved, approved in part, or not approved. At that time, we will also
make the determinations and certifications required by the various laws
and executive orders governing the rulemaking process and include them
in the final rule.
List of Subjects in 30 CFR Part 938
Intergovernmental relations, Surface mining, Underground mining.
Dated: November 12, 2010.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. 2011-2601 Filed 2-4-11; 8:45 am]
BILLING CODE 4310-05-P
