[Federal Register Volume 78, Number 33 (Tuesday, February 19, 2013)]
[Proposed Rules]
[Pages 11617-11618]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03567]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 938

[SATS No. PA-159-FOR; Docket ID: OSM 2010-0017]


Pennsylvania Regulatory Program

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

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: We are reopening the public comment period on the proposed 
amendment to the Pennsylvania regulatory program (the ``Pennsylvania 
program'') under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA or the Act) published on February 7, 2011. In response to a 
required program amendment codified in the Federal regulations, 
Pennsylvania 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 requested that the 
program amendment be removed based on the information provided. The 
comment period is being reopened to incorporate subsequent information 
that we received from Pennsylvania regarding one permit involving land 
reclamation obligations. 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: The comment period for the proposed rule published February 7, 
2011 (76 FR 6587), and extended on June 13, 2011 (76 FR 64048), is 
reopened. We will accept written comments until 4 p.m., local time 
March 6, 2013.

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: 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 
www.regulations.gov and follow the instructions.
    Mail/Hand Delivery/Courier:
Mr. Ben Owens, 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, Email: bowens@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, Email: tcallaghan@state.pa.us mailto:
    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.

[[Page 11618]]


FOR FURTHER INFORMATION CONTACT: Ben Owens, Telephone: (717) 782-4036. 
Email: bowens@osmre.gov

SUPPLEMENTARY INFORMATION: On February 7, 2011, (76 FR 6587), we 
published a proposed rule that was in response to a required program 
amendment codified in the Federal regulations. The submission included 
budgetary information that Pennsylvania had submitted to demonstrate 
that sufficient funds exist to guarantee coverage of the full cost of 
land reclamation at all sites originally permitted and bonded under the 
now-defunct alternative bonding system. Pennsylvania requested that the 
program amendment be removed based on the information provided.
    On June 13, 2011, (76 FR 64048), we published a proposed rule to 
extend the public comment period and incorporate additional information 
from Pennsylvania regarding developments involving one permit that was 
transferred to another company, resulting in the posting of full-cost 
bond in an amount to cover the land reclamation obligation.
    On November 6, 2012, (Administrative Record Number PA 802.85), we 
received additional information from Pennsylvania regarding recent 
developments involving another permit and its bonding status. 
Pennsylvania requested that the required amendment be removed based on 
the information provided.
    We are reopening the comment period to incorporate the above-
referenced subsequent information that we received from Pennsylvania on 
November 6, 2012.

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.

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 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 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.

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 would appreciate all comments 
relating to this specific issue, but those most useful and likely to 
influence decisions on the final rule will be those that either involve 
personal experience or include citations to and analysis of the Surface 
Mining Control and Reclamation Act of 1977, its legislative history, 
its implementing regulations, case law, other State or Federal laws and 
regulations, data, technical literature, or other relevant 
publications.

List of Subjects in 30 CFR Part 938

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: January 25, 2013.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. 2013-03567 Filed 2-15-13; 8:45 am]
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