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Pennsylvania Regulatory Program
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 31, 2006 (Volume 71, Number 146)]
[Proposed Rules]
[Page 43087-43092]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31jy06-20]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 938
[PA-148-FOR]
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 proposed amendment.
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SUMMARY: OSM is announcing the receipt of a proposed amendment to the
Pennsylvania regulatory program (hereinafter, the ``Pennsylvania
program'') under the Surface Mining Control and Reclamation Act of 1977
(SMCRA or the Act). The proposed amendment (Administrative Record
Number PA 887.00) was submitted to clarify the requirements for shaft
and slope development and other issues relating to blasting at a mine site.
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 August
30, 2006. If requested, we will hold a public hearing on August 25,
2006. We will accept requests to speak until 4 p.m., local time on
August 15, 2006.
ADDRESSES: You may submit comments, identified by ``PA-148-FOR'' by any
of the following methods:
? E-mail: grieger@osmre.gov.
? Mail/Hand Delivery: George Rieger, Director, Pittsburgh
Field Division, Office of Surface Mining Reclamation and Enforcement,
415 Market Street, Room 304, Harrisburg, PA 17101, Telephone: (717)
782-4036.
[[Page 43088]]
? Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency
docket number ``PA-148-FOR'' for this rulemaking. For detailed
instructions on submitting comments and additional information on the
rulemaking process, see the ``Public Comment Procedures'' section in
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: You may review copies of the Pennsylvania program, this
submission, a listing of any scheduled public hearings, and all written
comments received in response to this document at OSM's Pittsburgh
Field Division Office at the address listed above during normal
business hours, Monday through Friday, excluding holidays. You may
receive one free copy of the submission by contacting OSM's Pittsburgh
Field Division's Harrisburg Office. In addition, you may receive a copy
of the submission during regular business hours at the following location:
Joseph P. Pizarchik, Director, Bureau of Mining and Reclamation,
Pennsylvania Department of Environmental Protection, Rachel Carson
State Office Building, PO Box 8461, Harrisburg, Pennsylvania 17105-
8461, Telephone: (717) 787-5103.
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 Proposed 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, 938.15 and
938.16.
II. Description of the Proposed Amendment
By letter dated June 8, 2006 (Administrative Record Number PA
887.00), the Pennsylvania Department of Environmental Protection
(PADEP) sent OSM a program amendment to address blasting for the
development of shafts for underground mines and to make administrative
changes to regulations relating to blasting in 25 Pa. Code Chapters 77,
87, 88, 89 and 210. However, by letter dated July 5, 2006
(Administrative Record Number PA 887.02), PADEP withdrew the provisions
pertaining to industrial mineral underground mining provisions at
Chapter 77 since they are not coal related. Therefore, only those
changes at 25 Pa. Code Chapters 87, 88, 89 and 210 will be addressed in
this rule. The proposed changes clarify that the use of explosives in
connection with the construction of a mine opening for an underground
coal mine is a surface mining activity subject to the applicable
requirements in Chapters 87 or 88 and that the person conducting the
blasting activity must possess a blaster's license. In addition, PADEP
is proposing changes to the scheduling requirements applicable to the
use of explosives for constructing openings for coal and industrial
mineral underground mines and changes to the requirements for
protective measures to be taken when surface coal mine blasting is in
proximity to a public highway or an entrance to a mine. Finally, a
category for mine opening blasting is being added to the
classifications of blaster's licenses.
The full text of the document is available for you to read at the
location listed above under ADDRESSES. A summary of the proposed
changes, as provided by Pennsylvania in the Preamble of their proposed
rule (Administrative Record Number PA 887.00), are as follows:
25 Pa. Code 210.11. Definition.
PADEP is proposing to add a definition for the term ``mine opening
blasting'' to 25 Pa. Code 210.11 as follows: ``Mine opening blasting--
Blasting conducted for the purpose of constructing a shaft, slope,
drift, or tunnel mine opening for an underground mine, either operating
or under development, from the surface down to the point where the mine
opening connects with the mineral strata to be or being extracted.''
25 Pa. Code 87.1, 88.1, and 89.5. Definitions.
PADEP is proposing to add a definition for the term ``mine opening
blasting'' to 25 Pa. Code 87.1, 88.1, and 89.5 as follows: ``Mine
opening blasting--Blasting conducted for the purpose of constructing a
shaft, slope, drift, or tunnel mine opening for an underground mine,
either operating or under development, from the surface down to the
point where the mine opening connects with the coal seam to be or being
extracted.''
25 Pa. Code 87.124. Use of explosives: general requirements.
PADEP is proposing to change subsection (b) to correct the
reference from ``87.125'' to ``87.126 (relating to use of explosives:
public notice of blasting schedules).''
As proposed, subsection (b) reads:
Blasts that use more than 5 pounds of explosive or blasting
agents shall be conducted according to the schedule required by
section 87.126 (relating to use of explosives: public notice of
blasting schedules).
25 Pa. Code 87.126. Use of explosives: public notice of blasting
schedule.
PADEP is proposing to delete the following phrase at subsection
(b)(2)(ii), ``each period may not exceed 4 hours''.
As proposed, subsection (b)(2)(ii) reads:
Dates and time periods when explosives are to be detonated.
25 Pa. Code 87.127. Use of explosives: surface blasting requirements.
PADEP is proposing to change subsection (a) by adding the following:
* * * except that mine opening blasting conducted after the
second blast, for that mine opening, may be conducted at any time of
day or night as necessary to maintain stability of the mine opening
to protect the health and safety of mineworkers. For mine opening
blasting conducted after the second blast, for that mine opening,
the Department may approve vibration limits at a dwelling, public
building, school, church or commercial or institutional structure,
that are less stringent than those specified in Subsections (e) or
(n) if consented to, in writing, by the structure owner and lessee,
if leased to another party.
As proposed, subsection (a) reads:
Blasting shall be conducted between sunrise and sunset, at times
announced in the blasting schedule, except that mine opening
blasting conducted after the second blast, for that mine opening,
may be conducted at any time of day or night as necessary to
maintain stability of the mine opening to protect the health and
safety of mineworkers. For mine opening blasting
[[Page 43089]]
conducted after the second blast, for that mine opening, the
Department may approve vibration limits at a dwelling, public
building, school, church or commercial or institutional structure,
that are less stringent than those specified in Subsections (e) or
(n) if consented to, in writing, by the structure owner and lessee,
if leased to another party.
PADEP is proposing to change subsection (b) by adding the phrase
``or vibration limits,'' and by deleting the term ``excessive noise''
and replacing it with the phrase ``the adverse affects of vibration or
safety hazards.''
As proposed, subsection (b) reads:
The Department may specify more restrictive time periods or
vibration limits, based on public requests or other relevant
information, according to the need to adequately protect the public
from the adverse affects of vibration or safety hazards.
PADEP is proposing to change subsection (e) by deleting the
following phrases, ``unless the structure is owned by the person who
conducts the surface mining activities and is not leased to another
person. The lessee may sign a waiver'', and replacing them with
``unless the structure is located on the permit area when the structure
owner and lessee, if leased to another party, have each signed a.''
As proposed, subsection (e) reads:
An airblast shall be controlled so that it does not exceed the
noise level specified in this subsection at a dwelling, public
building, school, church or commercial or institutional structure,
unless the structure is located on the permit area when the
structure owner and lessee, if leased to another party, have each
signed a waiver relieving the operator from meeting the airblast
limitations of this subsection.
PADEP is proposing to change subsection (e)(1) to delete the
following language, ``Lower frequency limit of measuring system in Hz
(k 3dB) Maximum level (dB) 0.1 Hz or lower flat response 134, peak 2 Hz
or lower flat response'' and ``peak 6 Hz or lower flat response 129,
peak c-weighted, slow response 105 peak dBC.'', and insert the
following phrase: ``is 133 dBL.''
As proposed, subsection (e)(1) reads:
The maximum allowable noise level is 133 dBL.
PADEP is proposing to change subsection (f)(1) to lower the
distance from a blasting area where an operator must barricade and
guard public highways and entrances to the operation from 1,000 feet to
800 feet. PADEP is also proposing to insert the following language:
The operator may use an alternative measure to this requirement
if the operator demonstrates, to the Department's satisfaction, that
the alternative measure is at least as effective at protecting
persons and property from the adverse affects of a blast.
Alternative measures are measures such as:
(i) Slowing or stopping traffic in coordination with appropriate
state or local authorities, including local police.
(ii) Using mats to suppress fly rock.
(iii) Designing the blast to prevent damage or injury to persons
and property located on the public highways or at the operation's
entrances by using design elements such as:
(A) Orienting the blast so that the direction of relief is away
from public highways or operation entrances.
(B) Adjusting blast design parameters including:
(I) The hole's diameter.
(II) The number of rows.
(III) The number of holes.
(IV) The amount and type of explosive.
(V) The burden and spacing.
(VI) The amount and type of stemming.
(VII) The powder factor.
As proposed, subsection (f)(1) reads:
Public highways and entrances to the operation shall be
barricaded and guarded by the operator if the highways and entrances
to the operations are located within 800 feet of a point where a
blast is about to be fired. The operator may use an alternative
measure to this requirement if the operator demonstrates, to the
Department's satisfaction, that the alternative measure is at least
as effective at protecting persons and property from the adverse
affects of a blast. Alternative measures are measures such as:
(i) Slowing or stopping traffic in coordination with appropriate
state or local authorities, including local police.
(ii) Using mats to suppress fly rock.
(iii) Designing the blast to prevent damage or injury to persons
and property located on the public highways or at the operation's
entrances by using design elements such as:
(A) Orienting the blast so that the direction of relief is away
from public highways or operation entrances.
(B) Adjusting blast design parameters including:
(I) The hole's diameter.
(II) The number of rows.
(III) The number of holes.
(IV) The amount and type of explosive.
(VI) The amount and type of stemming.
(VII) The powder factor.
PADEP is proposing to delete subsection (l) in its entirety.
Subsection (l) currently reads:
The use of a formula to determine maximum weight of explosives
per delay for blasting operations at a particular site may be
approved by the Department if the peak particle velocity of 1 inch
per second required in Sec. 87.126 (relating to use of explosives:
public notice of blasting schedule) would not be exceeded.
25 Pa. Code 87.129. Use of explosives: records of blasting operations.
PADEP is proposing to change subsection (4) by adding the phrase:
``identification of and the''
As proposed subsection (4) reads:
The identification of and the direction and distance, in feet,
to the nearest dwelling, public building, school, church, commercial
or institutional building or other structure.
25 Pa. Code 88.135. Blasting: surface blasting requirements.
PADEP proposes to add the following language to subsection (a):
* * * except that mine opening blasting conducted after the
second blast for that mine opening may be conducted at any time of
day or night as necessary to maintain stability of the mine opening
to protect the health and safety of mineworkers. For mine opening
blasting conducted after the second blast, for that mine opening,
the Department may approve vibration limits at a dwelling, public
building, school, church or commercial or institutional structure,
that are less stringent than those specified in Subsection (h) if
consented to, in writing, by the structure owner and lessee, if
leased to another party.
As proposed, subsection (a) reads:
Blasting shall be conducted between sunrise and sunset, except
that mine opening blasting conducted after the second blast for that
mine opening may be conducted at any time of day or night as
necessary to maintain stability of the mine opening to protect the
health and safety of mineworkers. For mine opening blasting
conducted after the second blast, for that mine opening, the
Department may approve vibration limits at a dwelling, public
building, school, church or commercial or institutional structure,
that are less stringent than those specified in Subsection (h) if
consented to, in writing, by the structure owner and lessee, if
leased to another party.
PADEP is proposing to change subsection (b) by adding the following
phrases: ``or vibration limits,'' and ``from the adverse affects of
vibration or safety hazards.'' As proposed, subsection (b) reads:
The Department may specify more restrictive time periods or
vibration limits, based on other relevant information, according to
the need to adequately protect the public from the adverse affects
of vibration or safety hazards.
PADEP is proposing to change subsection (f)(1) by lowering the
distance from a blasting area where an operator must barricade and
guard public highways and entrances to the operation from 1,000 feet to
800 feet and by adding the following:
The operator may use an alternative measure to this requirement
if the operator demonstrates, to the Department's satisfaction, that
the alternative measure is at least as effective at protecting
persons and property from the adverse affects of a blast.
Alternative measures are measures such as:
(i) Slowing or stopping traffic in coordination with appropriate
state or local authorities, including local police.
(ii) Using mats to suppress fly rock.
[[Page 43090]]
(iii) Designing the blast to prevent damage or injury to persons
and property located on the public highways or at the operation's
entrances by using design elements such as:
(A) Orienting the blast so that the direction of relief is away
from public highways or operation entrances.
(B) Adjusting blast design parameters including:
(I) The hole's diameter.
(II) The number of rows.
(III) The number of holes.
(IV) The amount and type of explosive.
(V) The burden and spacing.
(VI) The amount and type of stemming.
(VII) The powder factor.
As proposed, subsection (f)(1) reads:
Public highways and entrances to the operation shall be
barricaded and guarded by the operator if the highways and entrances
to the operations are located within 800 feet of a point where a
blast is about to be fired. The operator may use an alternative
measure to this requirement if the operator demonstrates, to the
Department's satisfaction, that the alternative measure is at least
as effective at protecting persons and property from the adverse
affects of a blast. Alternative measures are measures such as:
(i) Slowing or stopping traffic in coordination with appropriate
state or local authorities, including local police.
(ii) Using mats to suppress fly rock.
(iii) Designing the blast to prevent damage or injury to persons
and property located on the public highways or at the operation's
entrances by using design elements such as:
(A) Orienting the blast so that the direction of relief is away
from public highways or operation entrances.
(B) Adjusting blast design parameters including:
(I) The hole's diameter.
(II) The number of rows.
(III) The number of holes.
(IV) The amount and type of explosive.
(V) The burden and spacing.
(VI) The amount and type of stemming.
(VII) The powder factor.
PADEP is proposing to change subsection (h) to delete the phrase,
``the maximum peak particle velocity may not exceed 2 inches per
second'' and add the phrase, ``* * * the blasts shall be designed and
conducted in a manner that achieves either a scaled distance of 90 or
meets the maximum allowable peak particle velocity as indicated by
Figure 1 * * *'' PADEP is further proposing to change the last sentence
of this subsection by removing the phrase, ``130 DB linear at a
frequency 6Hz or lower'' and replacing it with ``133 dBL.''
As proposed, subsection (h) reads:
In all blasting operations, the blasts shall be designed and
conducted in a manner that achieves either a scaled distance of 90
or meets the maximum allowable peak particle velocity as indicated
by Figure 1 at the location of any dwelling, public building,
school, church or commercial or institutional building. Peak
particle velocities shall be recorded in three mutually
perpendicular directions; longitudinal, transverse and vertical. The
maximum peak particle velocity shall be the largest of any of three
measurements. The Department may reduce the maximum peak particle
velocity allowed, if it determines that a lower standard is required
because of density of population or land use, age or type of
structure, geology or hydrology of the area, frequency of blasts, or
other factors. The sound pressure level may not exceed 133 dBL.
PADEP is proposing to change subsection (i) by adding the phrase
``and sound pressure.'' As proposed subsection (i) reads:
The maximum peak particle velocity and sound pressure
limitations of this section do not apply at the following locations:
* * *
PADEP is proposing to remove subsection (l) in its entirety. This
subsection currently reads:
The use of a formula to determine maximum weight of explosives
per delay for blasting operations at a particular site, may be
approved by the Department if the peak particle velocity of 2 inches
per second would not be exceeded.
25 Pa. Code 88.493. Minimum environmental protection performance
standards.
PADEP is proposing to change subsection (7)(i) by replacing the
phrase ``initial rounds of slopes, shafts and tunnels'' with ``mine
opening blasting.''
As proposed, subsection (7)(i) reads:
A person who conducts surface blasting activities incident to
underground mining activities, including, but not limited to, mine
opening blasting shall conduct the activities in compliance with
sections 88.45 and 88.134-88.137.
25 Pa. Code 89.62. Use of explosives.
PADEP is proposing to change this section to replace the words
``initial rounds of slopes, shafts and tunnels'' with ``mine opening
blasting.''
As proposed, 25 Pa. Code 89.62 reads:
Each person who conducts surface blasting activities incident to
underground mining activities, including, but not limited to, mine
opening blasting, shall conduct the activities in compliance with
Chapter 87 (relating to surface mining of coal).
25 Pa. Code 210.12. Scope.
PADEP is proposing to change this section to add the phrase:
``Except for persons engaging in mine opening blasting.''
As proposed, 25 Pa. Code 210.12 reads:
This chapter applies to persons engaging in the detonation of
explosives within this Commonwealth. Except for persons engaging in
mine opening blasting, this chapter does not apply to persons authorized
to detonate explosives or to supervise blasting activities under: * * *
25 Pa. Code 210.17. Issuance and renewal of licenses.
PADEP is proposing to change subsection (a) to add the phrase
``mine opening blasting'' at two places.
As proposed, this section reads:
A blaster's license is issued for a specific classification of
blasting activities. The classifications will be determined by the
Department and may include general blasting (which includes all
classifications except demolition, mine opening blasting and
underground noncoal mining), trenching and construction, seismic and
pole line work, well perforation, surface mining, underground
noncoal mining, mine opening blasting, industrial, limited and demolition.
III. Public Comment Procedures
In accordance with 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 State program.
Written Comments
Send your written or electronic comments to OSM at the address
given above. Your written comments should be specific, pertain only to
the issues proposed in this rulemaking, and include explanations in
support of your recommendations. We will not consider or respond to
your comments when developing the final rule if they are received after
the close of the comment period (see DATES). We will make every attempt
to log all comments into the administrative record, but comments
delivered to an address other than the Pittsburgh Field Division's
Harrisburg Office may not be logged in.
Electronic Comments
Please submit Internet comments as an ASCII file avoiding the use
of special characters and any form of encryption. Please also include
``Attn: PA-148-FOR'' and your name and return address in your Internet
message. If you do not receive a confirmation that we have received
your Internet message, contact the Pittsburgh Field Division's
Harrisburg Office at (717) 782-4036.
Availability of Comments
We will make comments, including names and addresses of
respondents, available for public review during normal business hours.
We will not consider anonymous comments. If individual respondents
request confidentiality, we will honor their request to the extent
allowable by law. Individual respondents who wish to withhold their
name or address from public review, except for the city or town, must
state this prominently at the beginning of their comments. We will
[[Page 43091]]
make all submissions from organizations or businesses, and from
individuals identifying themselves as representatives or officials of
organizations or businesses, available for public review in their entirety.
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 on
August 15, 2006. If you are disabled and need special 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 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 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 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal regulations.
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.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 and has determined that, to the
extent allowable by law, this rule meets the applicable standards of
subsections (a) and (b) of that section. However, these standards are
not applicable to the actual language of State regulatory programs and
program amendments since each such program is drafted and promulgated
by a specific State, not by OSM. Under sections 503 and 505 of SMCRA
(30 U.S.C. 1253 and 1255) and the Federal regulations at 30 CFR 730.11,
732.15, and 732.17(h)(10), decisions on proposed State regulatory
programs and program amendments submitted by the States must be based
solely on a determination of whether the submittal is consistent with
SMCRA and its implementing Federal regulations and whether the other
requirements of 30 CFR parts 730, 731, and 732 have been met.
Executive Order 13132--Federalism
This rule does not have Federalism implications. SMCRA delineates
the roles of the Federal and State governments with regard to the
regulation of surface coal mining and reclamation operations. One of
the purposes of SMCRA is to ``establish a nationwide program to protect
society and the environment from the adverse effects of surface coal
mining operations.'' Section 503(a)(1) of SMCRA requires that State
laws regulating surface coal mining and reclamation operations be ``in
accordance with'' the requirements of SMCRA. Section 503(a)(7) requires
that State programs contain rules and regulations ``consistent with''
regulations issued by the Secretary pursuant to SMCRA.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on Federally-recognized Indian tribes
and have determined that the rule does not have substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian Tribes.
The basis for this determination is that our decision is on a State
regulatory program and does not involve a Federal program involving
Indian Tribes.
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
This rule does not require an environmental impact statement
because section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that
agency decisions on proposed State regulatory program provisions do not
constitute major Federal actions within the meaning of section 102(2)(C)
of the National Environmental Policy Act (42 U.S.C. 4321 et seq.).
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior certifies that this rule will not
have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The State submittal that is the subject of this rule is based on
counterpart Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. In making the determination as to whether this rule would
have a significant economic impact, the Department relied upon the data
and assumptions for the counterpart Federal regulations.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not
have an annual effect on the economy of $100 million; (b) Will not
cause a major increase in costs or prices for consumers, individual
industries, geographic regions, or Federal, State or local governmental
agencies; and (c) Does not
[[Page 43092]]
have significant adverse effects on competition, employment,
investment, productivity, innovation, or the ability of U.S.-based
enterprises to compete with foreign-based enterprises. This
determination is based upon the fact that the State submittal, which is
the subject of this rule, is based upon counterpart Federal regulations
for which an analysis was prepared and a determination made that the
Federal regulation was not considered a major rule.
Unfunded Mandates
This rule will not impose an unfunded mandate on State, local, or
tribal governments or the private sector of $100 million or more in any
given year. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation did not impose an
unfunded mandate.
List of Subjects in 30 CFR Part 938
Intergovernmental relations, Surface mining, Underground mining.
Dated: July 6, 2006.
H. Vann Weaver,
Acting Regional Director, Appalachian Region.
[FR Doc. E6-12186 Filed 7-28-06; 8:45 am]
BILLING CODE 4310-05-P