Pennsylvania Regulatory Program, 18467-18472 [2011-7907]

Agencies

• DEPARTMENT OF THE INTERIOR
• Office of Surface Mining Reclamation and Enforcement

[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Proposed Rules]
[Pages 18467-18472]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7907]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 938

[SATS No. PA-156-FOR; Docket ID: OSM 2010-0004]


Pennsylvania Regulatory Program

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

ACTION: Proposed rule; reopening of the public comment period.

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SUMMARY: We are reopening the public comment period related to an 
amendment to the Pennsylvania regulatory program (the ``Pennsylvania 
program'') under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA or the Act). The amendment is in response to fourteen required 
program amendments and the remining financial guarantee program. The

[[Page 18468]]

comment period is being extended to incorporate subsequent information 
that we received on two occasions from Pennsylvania. Taken together, 
the submissions specifically address fifteen required program 
amendments and the remining financial guarantee program. Pennsylvania 
intends to revise its program to be consistent with the corresponding 
Federal regulations. 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 May 4, 
2011. If requested, we will hold a public hearing on April 29, 2011. We 
will accept requests to speak until 4 p.m., local time on April 19, 
2011.

ADDRESSES: You may submit comments, identified by ``PA-156-FOR; Docket 
ID: OSM-2010-0004'' by either of the following two methods:
    Federal eRulemaking Portal: https://www.regulations.gov. The 
proposed rule has been assigned Docket ID: OSM-2010-0004. 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, Pennsylvania 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 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 Amendment
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 Amendment

    Original Submission: By letter dated March 17, 2010, Administrative 
Record Number 888.00, Pennsylvania sent us an amendment to its program, 
under SMCRA (30 U.S.C. 1201 et seq.). Pennsylvania's submittal, 
consisting of proposed regulatory/rule changes, was intended to address 
fourteen required amendments found at 30 CFR 938.16(rr), (tt), (uu), 
(vv), (ww), (xx), (zz), (aaa), (ccc), (iii), (jjj), (nnn), (ppp), and 
(ttt). It was also intended to address a partial disapproval of a 1998 
submission that included regulations about remining financial 
guarantees. The disapproval is codified at 30 CFR 938.12(c)(3).
    First Subsequent Submission: By letter dated September 14, 2010, 
Administrative Record Number 844.23, Pennsylvania sent us an amendment 
to its program under SMCRA that included an ``effective as'' 
demonstration for: (1) eight of the required amendments mentioned 
above--30 CFR 938.16(rr) (tt), (uu), (vv), (ww), (xx), (zz), and (aaa); 
and (2) one required amendment not previously addressed (yy). It also 
included revised guidance documents related to compliance/enforcement 
procedures, alternate enforcement, and coal and industrial mineral 
mining inspections. Reference documents were also included but are not 
part of this amendment. We are now incorporating this submission into 
this amendment.
    Second Subsequent Submission: By letter dated November 16, 2010, 
Administrative Record No. 888.07, Pennsylvania sent us an amendment to 
its program under SMCRA to include the final-form rulemaking language 
that addressed the fourteen amendments mentioned above.
    The full text of the program amendment is available for you to read 
at the locations listed above under ADDRESSES. A summary of the 
submission follows.
    Required Amendments at 30 CFR 938.16: The 15 required amendments at 
30 CFR 938.16 require Pennsylvania to submit proposed amendments to:
    (rr) Section 86.36(c) to require permit denial for unabated 
violations of any Federal or State program under SMCRA, without the 
three-year limitation.
    (tt) Section 86.37(a)(10) to require that all violations of the 
Federal SMCRA and all programs approved under SMCRA be considered in 
determining whether there is a demonstrated pattern of willful 
violations.
    (uu) Section 86.37(a) to require that the criteria upon which the 
regulatory authority bases its decision to approve or deny a permit 
application are based on all information available to the regulatory 
authority.
    (vv) Section 86.37(a) to include language that would prohibit 
permit approval if the applicant or anyone linked to the applicant 
through the definition of ``owned or controlled'' or ``owns or 
controls'' has forfeited a bond and the violation upon which the 
forfeiture was based remains unabated.
    (ww) Sections 86.37(a)(9) and (a)(16) to require denial of a permit 
if it finds that those linked to the applicant through the definition 
of ``owned or controlled'' or ``owns or controls'' are delinquent in 
payment of abandoned mine reclamation fees or delinquent in the payment 
of State and Federal final civil penalty assessments.
    (xx) Section 86.37(c) to require that the regulatory authority's 
reconsideration of its decision to approve the permit include a review 
of information, updated for the period

[[Page 18469]]

from permit approval to permit issuance, pertaining to the payment of 
abandoned mine reclamation fees and civil penalty fees and the status 
of unabated violations upon which a bond forfeiture was based.
    (yy) Section 86.43 to require the regulatory authority to review 
the circumstances under which a permit was issued whenever it has 
reason to believe that the permit may have been improvidently issued.
    (zz) Section 86.62(b)(2)(ii) to correct the cross-reference to 
section 86.63 with a reference to section 86.212(c).
    (aaa) Sections 86.62(c) and 87.14(3) to include the requirement 
that the application include the address for each permit held by a 
related entity or company, and identification of the regulatory 
authority for such permit.
    (ccc) Section 86.133(f) to require that exploration on areas 
designated as unsuitable for mining shall be subject to permitting 
requirements no less effective than the Federal regulations at 30 CFR 
772.12.
    (iii) Section 87.112(c) and 89.111(c) to require a seismic safety 
factor of at least 1.2 for all impoundments that meet the criteria of 
30 CFR 77.216(a) or are located where failure could cause loss of life 
or serious property damage.
    (jjj) Section 90.112(c)(2) to require that all impounding 
structures that meet the criteria of 30 CFR 77.216(a) and are either 
constructed of coal mine waste or intended to impound coal mine waste 
have sufficient spillway capacity and/or storage capacity to safely 
pass or control the runoff from the 6-hour PMP or greater precipitation 
event.
    (nnn) Section 86.159(1)(2) to require two officer signatures for 
each corporate indemnitor, an affidavit from the corporation(s) 
certifying that entering into the indemnity agreement is valid under 
all applicable Federal and State laws, and documents that evidence the 
authority of the signatories to bind the corporation and an 
authorization by the parent corporation to enter into the indemnity 
agreement.
    (ppp) Section 86.5(m), or otherwise amend its program, to provide 
for notification of the operator and any intervenors of a decision not 
to revoke an exemption.
    (ttt) Sections 88.321 and 90.133, or otherwise amend its program to 
require that no noncoal waste be deposited in a coal refuse pile or 
impounding structure.
    Pennsylvania Response to Required Amendments at 30 CFR 938.16: 
Pennsylvania submitted revised regulatory provisions for approval and 
an ``effective as'' demonstration to address the required amendments. 
The State also submitted some proposed regulatory changes that are not 
intended to address any of the required amendments.
    Regulatory Changes: The provisions of the Pennsylvania rules that 
Pennsylvania proposes to revise and/or add are found at 25 Pennsylvania 
Code. The following is a summary of the regulatory changes being 
proposed to address program deficiencies noted at 30 CFR 938.16.

Section 86.1, Definitions

    The Noncoal Surface Mining and Reclamation Act (NSMRA) is being 
added to the list for the definition of Acts. When Chapter 86 was 
promulgated in 1983, noncoal mining was regulated under the authority 
of the Pennsylvania Surface Mining Conservation and Reclamation Act 
(PASMCRA). In 1984, the NSMRA was enacted, superseding the role of 
PASMCRA for noncoal mining. In order to comply with Federal program 
requirements (and to have an effective regulatory program) relating to 
incidental extraction of coal under noncoal mining permits, 
Pennsylvania states that it is necessary to include NSMRA in the 
applicable Acts. This amendment is intended to address the requirement 
set forth at 30 CFR 938.16(tt).
    Pennsylvania also states that PASMCRA Section 1396.3a(d) includes a 
reference to Federal SMCRA. This meets the requirement and makes the 
Pennsylvania program no less effective than the Federal requirements. 
The text of Section 1396.3a(d) is available online at Regulations.gov.
    Pennsylvania states that the standard in Section 86.37 (a)(10) is 
the ``lack of ability or intention to comply with the acts * * *'' This 
inability or unwillingness to comply would be shown through violations 
of Federal SMCRA or in other states. If the language was that ``the 
applicant did not comply with the acts,'' then that would be more 
limiting than the existing language. The existing language allows 
Pennsylvania to include any violations in determining the ``lack of 
ability or intention to comply with the acts * * *'' In addition, the 
regulation submitted as program amendment PA-156-FOR in March 2010 
includes a revision adding the State NSMRA to the definition of 
``acts'' in Section 86.1.
    The definition of ``owned or controlled'' and ``owns or controls'' 
is being corrected to include the current reference to the Federal 
regulations relating to definitions. This addresses Federal regulation 
revisions that resulted in the definition being placed in a different 
section of the State program.

Section 86.5, Extraction of Coal Incidental to Noncoal Surface Mining

    Section 86.5(m) is amended to add the requirement for the 
Department to notify interested parties in the case that the Department 
decides not to revoke an exemption from the coal permitting 
requirements. This amendment is intended to address the requirement set 
forth at 30 CFR 938.16(ppp).

Section 86.36, Review of Permit Applications

    Section 86.36 is amended to delete the three-year time limitation 
for the review of an outstanding Federal violation. This amendment is 
intended to address the requirement set forth at 30 CFR 938.16(rr).

Section 86.37, Criteria for Permit Approval or Denial

    Section 86.37(a)(8) is amended to include a reference to the 
Federal definition of a violation. This amendment was required by the 
Federal requirement set forth at 30 CFR 938.16(ww). This amendment is 
also intended to address the deficiencies set forth at 30 CFR 
938.16(uu), (vv), and (xx).

Section 86.62, Identification of Interests

    Section 86.62(b)(2)(ii) is being amended to correct the reference 
to the Federal minimum enforcement action. This amendment is intended 
to address the requirement set forth at 30 CFR 938.16(zz).
    Section 86.62(c) is being amended to include the permittee name and 
address as required information relating to permits for related 
entities and to clarify that issued permits must be reported as part of 
an application. This amendment is intended to address the requirement 
set forth at 30 CFR 938.16(aaa).

Section 86.103(g), Procedure; Section 86.129, Coal Exploration on Areas 
Designated as Unsuitable for Surface Mining Operations; and Section 
86.133, General Requirements

    Section 86.103(g) is being added to require that the procedures for 
processing an assertion of Valid Existing Rights (VER) follow the 
Federal requirements by incorporating the Federal procedural 
requirements by reference.
    Section 86.129(b) is being amended to provide specific procedures 
and requirements for permit applications for exploration activities on 
lands designated as unsuitable for mining. The detailed requirements 
mirror the

[[Page 18470]]

Federal procedures and standards for approval. This amendment also 
results in the renumbering of current subsections 86.129(b)(1) and 
86.129(b)(2).
    Section 86.133(f) is being amended to clarify that a permit is 
required for exploration activities on lands designated as unsuitable 
for mining.
    The amendments to 86.129(b) and 86.133(f) are intended to address 
the requirements set forth at 30 CFR 938.16(ccc).

Section 86.159, Self-Bonding

    Section 86.159(l)(1) is amended to incorporate the language in the 
Federal regulations regarding the indemnification of self-bonds in the 
case of a corporate applicant that has a parent company. This amendment 
is intended to address the requirement set forth at 30 CFR 938.16(nnn).

Section 87.112, Hydrologic Balance: Dams, Ponds, Embankments and 
Impoundments--Design, Construction and Maintenance and Section 89.111, 
Large impoundments

    Section 87.112(c) is amended to add a requirement to protect miners 
or the public. Section 87.112(c)(1) is amended to add the required 
seismic safety factor.
    Section 89.111(c) is amended to add a requirement to protect miners 
or the public. Section 89.11(c)(1) is amended to add the required 
seismic safety factor.
    These amendments are intended to address the requirement set forth 
at 30 CFR 938.16(iii).

Section 88.321, Disposal of Noncoal Wastes and Section 90.133, Disposal 
of Noncoal Wastes

    Section 88.321 is amended to include all noncoal wastes and to 
apply the prohibition to impoundments.
    Section 90.133 is amended to include all noncoal wastes and to 
apply the prohibition to impoundments.
    These amendments are intended to address the requirements set forth 
at 30 CFR 938.16(ttt).

Section 90.112, Hydrologic Balance: Dams, Ponds, Embankments and 
Impoundments--Design, Construction and Maintenance

    Section 90.112(c) is amended to add a requirement to protect miners 
or the public. Section 90.112(c)(2) is amended to match the language in 
the Federal regulations regarding spillway capacity for large 
impoundments at coal refuse disposal sites. These amendments are 
intended to address the requirements set forth at 30 CFR 938.16(jjj).

Required Amendment 30 CFR 938.16(yy): ``Effective As'' Demonstration

    There are no proposed regulation changes being made to sections 
86.43, Improvidently Issued Permits and 86.44, Rescission of 
Improvidently Issued Permits. Instead, Pennsylvania submits that its 
existing regulations are sufficient to render its program no less 
effective than the Federal regulations. The submission provides 
Pennsylvania's reasoning for this assertion as follows:

    The difference between the Federal requirement and 
Pennsylvania's regulations is related to the phrase `reason to 
believe' in the CFR and `found' in Pennsylvania's regulations. The 
Federal regulation does not describe how one would have a `reason to 
believe.'
    An example may help illustrate how this regulation is applied in 
Pennsylvania. In a case where a permit has been issued based on the 
presumption that a violation is in the process of being corrected, 
Pennsylvania uses eFACTS to track the status of the violation. In 
this example, the permit is conditionally issued, based upon 
continued compliance. The eFACTS database has functionality where 
the permit record is linked to the enforcement record for the 
violation that is in satisfactory progress. If the status of the 
enforcement record is changed indicating noncompliance, then the 
permit is automatically flagged for rescission. Another example is a 
case where a prohibited party may be participating in the mining 
activities. If Pennsylvania finds (usually through a site 
inspection) that a forfeited operator is in a position of ownership 
or control at a mining operation, an investigation is initiated. 
Pennsylvania has relied on the investigative expertise of the OSM 
Applicant/Violator System (AVS) investigative staff in many of these 
cases. If the investigation demonstrates a link, then the permit 
rescission will ensue.
    While having a `reason to believe' would most likely occur 
sooner in the process than having a `finding' and there is an 
implication of something more formal with a finding, both 
regulations require the regulatory authority to take an affirmative 
action to pursue rescission if it is necessary.

    Pennsylvania requests that this required amendment be removed based 
on this assertion.

Remining Financial Guarantees--OSM Partial Disapproval of 1998 
Regulatory Amendment found at 30 CFR 938.12(c)(3)

    We did not approve a provision of a proposed program amendment that 
Pennsylvania submitted on December 18, 1998, regarding 25 Pa Code 
86.281(e). The last sentence, which stated, ``If the actual cost of 
reclamation by the Department exceeds the amount reserved, additional 
funds from the Remining Financial Assurance Fund will be used to 
complete reclamation'' was not approved.

Pennsylvania's Response to the OSM Disapproval at 30 CFR 938.12(c)(3)

    In its submission of March 17, 2010, Pennsylvania indicates that 
the following regulatory changes are being made to the remining 
financial guarantee program to address the portion of 25 Pa Code 
86.281(e) that was not approved as documented at 30 CFR 938.12(c)(3).

Section 86.165, Failure To Maintain Proper Bond

    Section 86.165(a) is amended to add that an operator's obligation 
to maintain a proper bond includes the payments required under the 
Remining Financial Guarantee program. This amendment will allow the 
enforcement of the payment requirement using consistent procedures.

Section 86.281, Financial Guarantees To Insure Reclamation--General

    Section 86.281(c) is amended to provide that the Department will 
designate a specified amount in the financial guarantees special 
account as financial assurance for the reclamation obligation of a 
permit with an approved remining area, rather than reserving a portion 
of those funds. This change is necessary in light of the conversion to 
a conventional bonding program. Under conventional bonding, the total 
reclamation cost is accounted for when determining the bond amount, 
thus enabling the Department to calculate more precisely the amount of 
funds that may need to be used to reclaim an approved remining area 
covered by a remining financial guarantee.
    Section 86.281(e) is amended in conjunction with the revision in 
Section 86.281(c) and to clarify that all of the bonds forfeited 
(including the Remining Financial Guarantee) on a permit are to be used 
for reclamation of the mine site (including the remining area). It also 
is amended to allow, rather than require, the use of additional funds 
from the Remining Financial Assurance Fund if they are needed to 
complete the reclamation of the mine site. This change is based 
primarily on the concept that under conventional bonding, the bond 
amount posted is the amount required to complete the reclamation. In 
addition, it provides the Department with flexibility to use money from 
the Remining Financial Assurance Fund to pay for the necessary 
reclamation.

Section 86.282, Participation Requirements

    Section 86.282(a)(2) is being revised to delete the option of using 
the ability to obtain a letter of credit as a

[[Page 18471]]

demonstration of financial responsibility. Experience in implementing 
the Remining Financial Guarantee program has shown that the ability to 
obtain a letter of credit from a bank is not a good test of financial 
responsibility.

Section 86.283, Procedures

    Section 86.283(a)(1) is amended to change the way the amount of the 
payment is determined as a result of the change to conventional 
bonding. The deleted language is based on the per-acre bond rate 
system. The proposed wording is based on the amount of the Remining 
Financial Guarantee.
    Section 86.283(d) is amended to clarify how financial guarantee 
funds are allocated.
    Section 86.283(e) is amended to delete language relating to the 
process of ``bond rollover'' that was allowed under the Alternative 
Bonding System (ABS). The concept of ``bond rollover'' is not pertinent 
to conventional bonding.
    Section 86.283(f) is being added to reduce the potential risk of 
insolvency of the Remining Financial Assurance Fund by requiring the 
replacement of a Remining Financial Guarantee in the event a 
pollutional discharge occurs at a mine site bonded with a Remining 
Financial Guarantee.

Section 86.284, Forfeiture

    Sections 86.284(a) and (c) are amended to be consistent with the 
changes made in Sections 86.281(c) and (e).
    Guidance Documents: Pennsylvania is seeking to amend its program to 
include three program directives that will replace a policy statement 
initially amended into the Pennsylvania program on March 20, 1984, and 
subsequently revised by program amendments approved on May 15, 1984, 
July 3, 1984, September 8, 1986, and October 27, 1988. The original 
policy statement described Pennsylvania's policies regarding 
Departmental inspections conducted at permitted coal mine operations; 
citing and enforcing violations found at the permitted operations; and 
alternative enforcement actions available to the Department in the 
event violations are not abated in a timely manner. These topics have 
now been separated and addressed in three Directives identified as 562-
4100-301 Compliance/Enforcement Procedures, 562-4100-307 Alternative 
Enforcement, and 562-3000-102 Coal and Industrial Mineral Mining 
Inspections. With respect to 562-3000-102, regarding the type and 
frequency of inspections at coal mine permit sites, only Sections I and 
II.A, II.B, and II.F are being submitted for inclusion in 
Pennsylvania's approved coal mining regulatory program. There are no 
major changes in Departmental policy regarding these three new 
Directives. The policies are being reorganized, updated, and placed 
into the Departmental Directives format.
    Supporting Documentation: In addition to the documents mentioned 
above, the State has submitted the following documents for reference 
purposes only: Guidance Documents 562-3000-802 Coal Mining Applicant 
Violator System (AVS) Compliance Manual, 562-2000-703 Changes to 
Licenses, Bonds and Permits, 563-2000-001 Government Financed 
Construction Contracts, and 562-3000-110 Applicant Violator System 
(AVS) Inspections; 5600-PM-MR0025, Application Form--Mining License, 
Contract Operator Approval and Ownership and Control Registration; 
Sample Permit suspension letter; and, ``As Effective As'' demonstration 
for the Inspection Program.

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 
April 19, 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.

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

[[Page 18472]]

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: February 18, 2011.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. 2011-7907 Filed 4-1-11; 8:45 am]
BILLING CODE 4310-05-P