[Federal Register Volume 74, Number 34 (Monday, February 23, 2009)]
[Proposed Rules]
[Pages 8048-8049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3806]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 938
[PA-150-FOR OSM-2008-0002]
Pennsylvania Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement.
ACTION: Proposed rule; withdrawal.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining (OSM), are announcing the
withdrawal of a proposed rule pertaining to a request to delete a
required amendment related to the Pennsylvania regulatory program (the
Pennsylvania program) under the Surface Mining Control and Reclamation
Act of 1977 (SMCRA or the Act). Pennsylvania requested that a required
amendment pertaining to regulatory exemptions for coal extraction
incidental to the extraction of other minerals be removed.
DATES: The proposed rule published April 1, 2008, at 73 FR 17268, is
withdrawn February 23, 2009.
FOR FURTHER INFORMATION CONTACT: George Rieger, Chief, Pittsburgh Field
Division, Office of Surface Mining Reclamation and Enforcement, 415
Market Street, Room 304, Harrisburg, PA 17101; Telephone: 717-782-4036,
e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Pennsylvania Program
II. Submission of the Request
I. Background on the Pennsylvania Program
Section 503(a) of the Surface Mining Control and Reclamation Act of
1977 (SMCRA or the Act), 30 U.S.C. 1253(a), 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 the Act *
* *; and rules and regulations consistent with regulations issued by
the Secretary pursuant to the 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 regulatory program on July 30,
1982. You can find background information on the Pennsylvania program,
including the Secretary's findings, the disposition of comments,
[[Page 8049]]
and conditions of approval in the July 30, 1982 Federal Register (47 FR
33050). You can also find later actions concerning Pennsylvania's
program and program amendments at 30 CFR 938.11, 938.12, 938.13,
938.15, and 938.16.
II. Submission of the Request
By letter dated December 18, 2007, Pennsylvania sent us a request
to remove a required amendment codified at 30 CFR 938.16(uuu). This
required amendment pertains to regulatory exemptions for coal
extraction incidental to the extraction of other minerals
(Administrative Record Number PA-892.00) under SMCRA. Pennsylvania
submitted the request because it maintained that its program was no
less effective than the Federal requirements, and therefore, no
amendment was necessary.
We announced receipt of the request in the April 1, 2008 Federal
Register (73 FR 17268-17270). In the same document, we opened the
public comment period and provided an opportunity for a public hearing
or meeting on the request (Administrative Record Number PA-892.03). We
did not hold a public hearing or meeting because no one requested one.
The public comment period ended on May 1, 2008. We received comments
from one organization, Citizens for Pennsylvania's Future (PennFuture).
In a letter dated December 11, 2008, Pennsylvania notified us that
it was withdrawing the request at this time so that they can perform
additional analysis on the issue and resubmit the amendment at a later
date. The required amendment codified at 30 CFR 938.16(uuu) remains
effective.
List of Subjects in 30 CFR Part 948
Intergovernmental relations, Surface mining, Underground mine.
Dated: January 8, 2009.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. E9-3806 Filed 2-20-09; 8:45 am]
BILLING CODE 4310-05-P