Pennsylvania Regulatory Program, 13002-13004 [2013-04373]
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13002
Federal Register / Vol. 78, No. 38 / Tuesday, February 26, 2013 / Proposed Rules
(2) Immediate discontinuance. In the
case of willfulness or those in which
public health, interest, or safety so
requires, the port director may
immediately discontinue immediate
delivery privileges upon written notice
to the importer. The notice will contain
a description of the facts or conduct
warranting the immediate action. The
importer will be offered the opportunity
to appeal the port director’s decision
within 10 calendar days of receipt of the
written notice providing for immediate
discontinuance. The immediate
discontinuance will remain in effect
during the appeal period. The Assistant
Commissioner, Office of International
Trade, or his designee, will issue a
decision in writing on the
discontinuance within 15 working days
after receiving a timely filed appeal
from the importer. If no timely appeal
is received, the notice becomes the final
decision of the Agency as of the date
that the appeal period expires.
PART 143—SPECIAL ENTRY
PROCEDURES
4. The authority citation for part 143
continues to read as follows:
■
Authority: 19 U.S.C. 66, 1414, 1481, 1484,
1498, 1624, 1641.
5. Add new § 143.46 to read as
follows:
■
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§ 143.46. Discontinuance of RLF
privileges.
(a) Authority of the port director. The
port director will discontinue RLF
privileges if the RLF filer:
(1) No longer meets the eligibility
criteria set forth in § 143.43,
(2) Fails to file all additional
information required by CBP pursuant
to § 143.45; or
(3) Fails to adhere to all applicable
laws and regulations.
(b) Procedures for discontinuance of
RLF privileges.
(1) Proposed discontinuance. If the
port director finds that there is a basis
for the discontinuance of RLF
privileges, the RLF filer will be
provided with written notice proposing
the discontinuance with a description of
the facts or conduct warranting the
action. The notice will also specify
whether the RLF filer’s participation in
the Automated Broker Interface (ABI) is
being suspended or revoked pursuant to
§ 143.6 or § 143.7. The RLF filer will be
offered the opportunity to appeal the
port director’s decision in writing
within 10 calendar days of receipt of the
written notice. The Assistant
Commissioner, Office of International
Trade, or his designee, will issue a
decision in writing on the proposed
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14:55 Feb 25, 2013
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action within 30 working days after
receiving a timely filed appeal from the
RLF filer. If no timely appeal is
received, the proposed notice becomes
the final decision of the Agency as of
the date that the appeal period expires.
A proposed discontinuance of a filer’s
RLF privileges will not take effect
unless the appeal process under this
paragraph has been concluded with a
decision adverse to the RLF filer.
(2) Immediate discontinuance. In the
case of willfulness or those in which
public health, interest, or safety so
requires, the port director may
immediately discontinue RLF privileges
upon written notice to the RLF filer. The
notice will contain a description of the
facts or conduct warranting the
immediate action. The RLF filer will be
offered the opportunity to appeal the
port director’s decision within 10
calendar days of receipt of the written
notice providing for immediate
discontinuance. The immediate
discontinuance will remain in effect
during the appeal period. The Assistant
Commissioner, Office of International
Trade, or his designee, will issue a
decision in writing on the
discontinuance within 15 working days
after receiving a timely filed appeal
from the RLF filer. If no timely appeal
is received, the notice becomes the final
decision of the Agency as of the date
that the appeal period expires.
David V. Aguilar,
Deputy Commissioner, U.S. Customs and
Border Protection.
Approved: February 20, 2013.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2013–04320 Filed 2–25–13; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 938
[PA–162–FOR; Docket ID: OSM–2012–0022]
Pennsylvania Regulatory Program
Office of Surface Mining
Reclamation and Enforcement (‘‘OSM’’),
Interior.
ACTION: Proposed rule; public comment
period and opportunity for public
hearing.
AGENCY:
SUMMARY: OSM announces receipt of a
proposed amendment to the
Pennsylvania regulatory program under
the Surface Mining Control and
Reclamation Act of 1977 (‘‘SMCRA’’ or
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the ‘‘Act’’). Pennsylvania’s proposed
amendment consists of the addition of
new definitions and revisions to
Pennsylvania’s regulations on the use of
the Coal Refuse Disposal Control Fund
(‘‘CRDCF’’) and permit and reclamation
fees.
This document provides the times
and locations that the Pennsylvania
program and proposed amendment are
available for public inspection, the
comment period during which you may
submit written comments, and the
public hearing procedures if a hearing is
requested.
DATES: We will accept written
comments on these amendments until
4:00 p.m., Eastern Standard Time
(‘‘EST’’) March 28, 2013. If requested,
we will hold a public hearing on the
amendment on March 25, 2013. We will
accept requests to speak at a hearing
until 4:00 p.m., EST on March 13, 2013.
ADDRESSES: You may submit comments,
identified by SATS No. PA–162–FOR by
any of the following methods:
• Mail/Hand Delivery: Mr. Ben
Owens, Chief, Pittsburgh Field Division,
Office of Surface Mining Reclamation
and Enforcement, 3 Parkway Center, 3rd
Floor, Pittsburgh, Pennsylvania 15220
• Fax: (412) 937–2888
• Federal eRulemaking Portal: The
amendment has been assigned Docket
ID OSM–2012–0022. If you would like
to submit comments, go to https://
www.regulations.gov and follow the
instructions.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. 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: For access to the docket to
review copies of the Pennsylvania
regulations, this amendment, a listing of
any scheduled public hearings, and all
written comments received in response
to this document, you must go to the
address listed below during normal
business hours, Monday through Friday,
excluding holidays. You may receive
one free copy of the amendments by
contacting OSM’s Pittsburgh Field
Division Office; or you can view the full
text of the program amendment
available for you to read at
www.regulations.gov.
In addition, you may review a copy of
the amendment during regular business
hours at one of the following locations:
Appalachian Regional Coordinating
Center, Ben Owens, Chief, Pittsburgh
Field Division, Office of Surface
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Federal Register / Vol. 78, No. 38 / Tuesday, February 26, 2013 / Proposed Rules
Mining Reclamation and
Enforcement, 3 Parkway Center, 3rd
Floor, Pittsburgh, Pennsylvania
15220, Telephone: (412) 937–2827,
Email: bowens@osmre.gov.
Pennsylvania Department of
Environmental Protection, Thomas
Callaghan, P.G., Director, Bureau of
Mining and Reclamation, Rachel
Carson State Office Building, P.O. Box
8461, Harrisburg, Pennsylvania
17105–8461, Telephone: (717) 787–
5015, Email: tcallaghan@state.pa.us.
FOR FURTHER INFORMATION CONTACT: Ben
Owens, Chief, Pittsburgh Field Division;
Telephone: (412) 937–2827. Email:
bowens@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Pennsylvania Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Pennsylvania
Program
Section 503(a) of the SMCRA 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.’’ 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, effective July 30,
1982. You can find background
information on the Pennsylvania
program, including the Secretary’s
findings, the disposition of comments,
and the 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.
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II. Description of the Proposed
Amendment
By letter dated December 19, 2012,
(Administrative Record Number PA
895.00), Pennsylvania sent OSM a
request to approve regulations related to
Pennsylvania coal fees. Pennsylvania is
requesting approval of regulations found
at 25 Pa. Code Chapter 86, sections 1,
3, and 17.
Pennsylvania proposes the addition of
two terms to the ‘‘Definitions’’ section of
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Jkt 229001
Chapter 86, of the Pennsylvania
regulations dealing with general aspects
of surface and underground coal
mining. Pennsylvania proposes to add
the terms ‘‘major permit revision’’ and
‘‘permit application fee’’ to this section.
The definition of ‘‘major permit
revision’’ is proposed to be, a revision
to a coal mining permit that requires
public notice. The definition of ‘‘permit
application fee’’ is proposed to be, a
nonrefundable filing fee due at the time
of submission of an application. The
permit application fee is required for an
application to be considered complete.
Additionally, Pennsylvania proposes
to add a subsection to section 86.3,
regarding the use of the CRDCF. The
new subsection (b) will, if approved,
require permit application fees
submitted under the Coal Refuse and
Disposal Act to be used to finance the
costs of review of the applications.
Further, Pennsylvania proposes to
increase the permit application fees.
Currently, a permit application for coal
mining activities or an application for a
coal preparation plant is required to be
submitted with an application fee of
$250. Currently, coal refuse disposal
activities require a fee of $500 plus an
additional $10 per acre for acreage in
excess of 50 acres. The proposed
amendment increases the fees and
creates new categories of permits with
differing fees. Surface mining and coal
refuse disposal permits will be assessed
a fee of $3,250; coal refuse reprocessing
permits will be assessed a fee of $1,900;
coal preparation plant, anthracite
underground mining, and incidental
extraction permits will be assessed a fee
of $1,650; bituminous underground
mining permits will be assessed a fee of
$5,750; and post-mining activity permits
will be assessed a fee of $300. Under
subsection (b)(2) of the proposed
amendment, a new fee is imposed for
major permit revisions. This fee is either
$300 or $1,250, dependent upon the
permit type. The proposed subsection
(b)(3) introduces a new fee of $250 for
permit transfers. The renewal fee
assessed under the current regulation
still exists at the rate of $250. The
details of this fee are detailed in
proposed subsection (b)(4).
Additionally, a new fee for auger safety
and bond liability revisions is proposed
to be assessed in the amount of $200
and $100, respectively.
The proposed subsection (c) describes
how the collected fees will be allocated.
Permit application fees collected for
surface coal mine facilities, coal refuse
reprocessing facilities, and coal mining
activity facilities will be deposited in
the Surface Mining Conservation and
Reclamation Fund. Permit application
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13003
fees for bituminous underground mines
will be deposited in the Bituminous
Mine Subsidence and Land Reclamation
Fund. The fees collected for coal refuse
disposal facilities are to be deposited in
the CRDCF. The proposed amendment
also proposes adding a new component
at subsection (d). This subsection
requires the Department of
Environmental Protection to review the
adequacy of the permit application fees
at least once every three years. The
results of this review must be submitted
in writing to the Environmental Quality
Board. Specifically, the proposed report
will identify and reconcile any disparity
between the amount of income
generated by the fees and the costs to
administer these programs as well as
recommend a fee increase, if necessary.
Subsection (e) of the current
regulation will remain unaltered.
III. Public Comment Procedures
Under the provisions of 30 CFR
732.17(h), we are seeking your
comments on whether Pennsylvania’s
proposed amendment satisfies the
applicable program approval criteria of
30 CFR 732.15. If we approve the
amendment, it will become part of
Pennsylvania’s State 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 analysis of
SMCRA, its legislative history, its
implementing regulations, case law,
other pertinent State 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 (see ADDRESSES)
will be included in the docket for this
rulemaking and considered.
Public Availability of Comments
Before including your address, phone
number, email 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 can 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.
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Federal Register / Vol. 78, No. 38 / Tuesday, February 26, 2013 / Proposed Rules
Public Hearing
If you wish to speak at the public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT by
4:00 p.m., EST, on March 13, 2013. 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
a hearing.
To assist the transcriber and ensure an
accurate record, we request, if possible,
that each person who speaks at the
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 only one person requests an
opportunity to speak, we may hold a
public meeting rather than a public
hearing. If you wish to meet with us to
discuss the amendment, please request
a meeting by contacting the person
listed under FOR FURTHER INFORMATION
CONTACT. All such meetings are open to
the public; 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
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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
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14:55 Feb 25, 2013
Jkt 229001
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: January 29, 2013.
Thomas Shope,
Regional Director, Appalachian Region.
[FR Doc. 2013–04373 Filed 2–25–13; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 950
[SATS No. WY–045–FOR; Docket ID OSM–
2013–0002]
Wyoming Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment
period and opportunity for public
hearing on proposed amendment.
AGENCY:
SUMMARY: We are announcing receipt of
a proposed amendment to the Wyoming
regulatory program (hereinafter, the
‘‘Wyoming program’’) under the Surface
Mining Control and Reclamation Act of
1977 (‘‘SMCRA’’ or ‘‘the Act’’).
Wyoming proposes both revisions of
and additions to its coal rules and
regulations concerning ownership and
control, adds a provision concerning
variable topsoil depths during
reclamation, and addresses four
deficiencies that were identified by
OSM during the review of a previous
program amendment (WY–038–FOR;
Docket ID No. OSM–2009–0012).
Wyoming intends to revise its program
to be consistent with the corresponding
Federal regulations and SMCRA, clarify
ambiguities, and improve operational
efficiency.
This document gives the times and
locations that the Wyoming program
and proposed amendment to that
program are available for your
inspection, the comment period during
which you may submit written
comments on the amendment, and the
procedures that we will follow for the
public hearing, if one is requested.
DATES: We will accept written
comments on this amendment until 4:00
p.m., m.d.t. March 28, 2013. If
requested, we will hold a public hearing
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on the amendment on March 25, 2013.
We will accept requests to speak until
4:00 p.m., m.d.t. on March 13, 2013.
ADDRESSES: You may submit comments
by either of the following two methods:
• Federal eRulemaking Portal:
www.regulations.gov. This proposed
rule has been assigned Docket ID: OSM–
2013–0002. If you would like to submit
comments through the Federal
eRulemaking Portal, go to
www.regulations.gov and follow the
instructions.
• Mail/Hand Delivery/Courier: Jeffrey
Fleischman, Director, Casper Field
Office, Office of Surface Mining
Reclamation and Enforcement, Dick
Cheney Federal Building, POB 11018,
150 East B Street, Casper, Wyoming
82601–1018.
For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see the ‘‘III. Public Comment
Procedures’’ in the SUPPLEMENTARY
INFORMATION section of this document.
In addition to viewing the docket and
obtaining copies of documents at
www.regulations.gov, you may review
copies of the Wyoming program, this
amendment, a listing of any scheduled
public hearings, and all written
comments received in response to this
document, may be obtained at the
addresses listed below during normal
business hours, Monday through Friday,
excluding holidays. You may also
receive one free copy of the amendment
by contacting OSM’s Casper Field
Office.
Jeffrey Fleischman, Director, Casper
Field Office, Office of Surface Mining
Reclamation and Enforcement, Dick
Cheney Federal Building, POB 11018,
150 East B Street, Casper, Wyoming
82601–1018, (307) 261–6547,
jfleischman@osmre.gov.
Todd Parfitt, Director, Wyoming
Department of Environmental Quality,
Herschler Building, 122 West 25th
Street, Cheyenne, Wyoming 82002,
(307) 777–7555, todd.parfitt@wyo.gov.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Fleischman, Telephone: (307)
261–6547. Internet:
jfleischman@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Wyoming Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Wyoming
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
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]]>Agencies
[Federal Register Volume 78, Number 38 (Tuesday, February 26, 2013)]
[Proposed Rules]
[Pages 13002-13004]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04373]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 938
[PA-162-FOR; Docket ID: OSM-2012-0022]
Pennsylvania Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (``OSM''),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
-----------------------------------------------------------------------
SUMMARY: OSM announces receipt of a proposed amendment to the
Pennsylvania regulatory program under the Surface Mining Control and
Reclamation Act of 1977 (``SMCRA'' or the ``Act''). Pennsylvania's
proposed amendment consists of the addition of new definitions and
revisions to Pennsylvania's regulations on the use of the Coal Refuse
Disposal Control Fund (``CRDCF'') and permit and reclamation fees.
This document provides the times and locations that the
Pennsylvania program and proposed amendment are available for public
inspection, the comment period during which you may submit written
comments, and the public hearing procedures if a hearing is requested.
DATES: We will accept written comments on these amendments until 4:00
p.m., Eastern Standard Time (``EST'') March 28, 2013. If requested, we
will hold a public hearing on the amendment on March 25, 2013. We will
accept requests to speak at a hearing until 4:00 p.m., EST on March 13,
2013.
ADDRESSES: You may submit comments, identified by SATS No. PA-162-FOR
by any of the following methods:
Mail/Hand Delivery: Mr. Ben Owens, Chief, Pittsburgh Field
Division, Office of Surface Mining Reclamation and Enforcement, 3
Parkway Center, 3rd Floor, Pittsburgh, Pennsylvania 15220
Fax: (412) 937-2888
Federal eRulemaking Portal: The amendment has been
assigned Docket ID OSM-2012-0022. If you would like to submit comments,
go to https://www.regulations.gov and follow the instructions.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. 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: For access to the docket to review copies of the
Pennsylvania regulations, this amendment, a listing of any scheduled
public hearings, and all written comments received in response to this
document, you must go to the address listed below during normal
business hours, Monday through Friday, excluding holidays. You may
receive one free copy of the amendments by contacting OSM's Pittsburgh
Field Division Office; or you can view the full text of the program
amendment available for you to read at www.regulations.gov.
In addition, you may review a copy of the amendment during regular
business hours at one of the following locations:
Appalachian Regional Coordinating Center, Ben Owens, Chief, Pittsburgh
Field Division, Office of Surface
[[Page 13003]]
Mining Reclamation and Enforcement, 3 Parkway Center, 3rd Floor,
Pittsburgh, Pennsylvania 15220, Telephone: (412) 937-2827, Email:
bowens@osmre.gov.
Pennsylvania Department of Environmental Protection, Thomas Callaghan,
P.G., Director, Bureau of Mining and Reclamation, Rachel Carson State
Office Building, P.O. Box 8461, Harrisburg, Pennsylvania 17105-8461,
Telephone: (717) 787-5015, Email: tcallaghan@state.pa.us.
FOR FURTHER INFORMATION CONTACT: Ben Owens, Chief, Pittsburgh Field
Division; Telephone: (412) 937-2827. Email: bowens@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Pennsylvania Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Pennsylvania Program
Section 503(a) of the SMCRA 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.'' 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, effective July 30, 1982. You can
find background information on the Pennsylvania program, including the
Secretary's findings, the disposition of comments, and the 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 Proposed Amendment
By letter dated December 19, 2012, (Administrative Record Number PA
895.00), Pennsylvania sent OSM a request to approve regulations related
to Pennsylvania coal fees. Pennsylvania is requesting approval of
regulations found at 25 Pa. Code Chapter 86, sections 1, 3, and 17.
Pennsylvania proposes the addition of two terms to the
``Definitions'' section of Chapter 86, of the Pennsylvania regulations
dealing with general aspects of surface and underground coal mining.
Pennsylvania proposes to add the terms ``major permit revision'' and
``permit application fee'' to this section. The definition of ``major
permit revision'' is proposed to be, a revision to a coal mining permit
that requires public notice. The definition of ``permit application
fee'' is proposed to be, a nonrefundable filing fee due at the time of
submission of an application. The permit application fee is required
for an application to be considered complete.
Additionally, Pennsylvania proposes to add a subsection to section
86.3, regarding the use of the CRDCF. The new subsection (b) will, if
approved, require permit application fees submitted under the Coal
Refuse and Disposal Act to be used to finance the costs of review of
the applications.
Further, Pennsylvania proposes to increase the permit application
fees. Currently, a permit application for coal mining activities or an
application for a coal preparation plant is required to be submitted
with an application fee of $250. Currently, coal refuse disposal
activities require a fee of $500 plus an additional $10 per acre for
acreage in excess of 50 acres. The proposed amendment increases the
fees and creates new categories of permits with differing fees. Surface
mining and coal refuse disposal permits will be assessed a fee of
$3,250; coal refuse reprocessing permits will be assessed a fee of
$1,900; coal preparation plant, anthracite underground mining, and
incidental extraction permits will be assessed a fee of $1,650;
bituminous underground mining permits will be assessed a fee of $5,750;
and post-mining activity permits will be assessed a fee of $300. Under
subsection (b)(2) of the proposed amendment, a new fee is imposed for
major permit revisions. This fee is either $300 or $1,250, dependent
upon the permit type. The proposed subsection (b)(3) introduces a new
fee of $250 for permit transfers. The renewal fee assessed under the
current regulation still exists at the rate of $250. The details of
this fee are detailed in proposed subsection (b)(4). Additionally, a
new fee for auger safety and bond liability revisions is proposed to be
assessed in the amount of $200 and $100, respectively.
The proposed subsection (c) describes how the collected fees will
be allocated. Permit application fees collected for surface coal mine
facilities, coal refuse reprocessing facilities, and coal mining
activity facilities will be deposited in the Surface Mining
Conservation and Reclamation Fund. Permit application fees for
bituminous underground mines will be deposited in the Bituminous Mine
Subsidence and Land Reclamation Fund. The fees collected for coal
refuse disposal facilities are to be deposited in the CRDCF. The
proposed amendment also proposes adding a new component at subsection
(d). This subsection requires the Department of Environmental
Protection to review the adequacy of the permit application fees at
least once every three years. The results of this review must be
submitted in writing to the Environmental Quality Board. Specifically,
the proposed report will identify and reconcile any disparity between
the amount of income generated by the fees and the costs to administer
these programs as well as recommend a fee increase, if necessary.
Subsection (e) of the current regulation will remain unaltered.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether Pennsylvania's proposed amendment satisfies the
applicable program approval criteria of 30 CFR 732.15. If we approve
the amendment, it will become part of Pennsylvania's State 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 analysis of SMCRA, its legislative history,
its implementing regulations, case law, other pertinent State 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 (see ADDRESSES) will be included in the docket for this
rulemaking and considered.
Public Availability of Comments
Before including your address, phone number, email 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 can
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.
[[Page 13004]]
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., EST, on
March 13, 2013. 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 a hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at the 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 only one person requests an opportunity to speak, we may hold a
public meeting rather than a public hearing. If you wish to meet with
us to discuss the amendment, please request a meeting by contacting the
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings
are open to the public; 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 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: January 29, 2013.
Thomas Shope,
Regional Director, Appalachian Region.
[FR Doc. 2013-04373 Filed 2-25-13; 8:45 am]
BILLING CODE 4310-05-P
