[Federal Register Volume 59, Number 14 (Friday, January 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1419]


[[Page Unknown]]

[Federal Register: January 21, 1994]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 935

 

Ohio Permanent Regulatory and AML Programs; Reduction and 
Reorganization of Staff

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

ACTION: Proposed rule; reopening of public comment period.

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SUMMARY: OSM is reopening the public comment period for proposed 
Program Amendment Number 63 (PA 63) to the Ohio permanent regulatory 
program and AML program (hereinafter referred to as the Ohio programs) 
under the Surface Mining Control and Reclamation Act of 1977. This 
amendment was initiated by Ohio and is intended to reduce and 
reorganize the staffing of the Ohio programs in response to recent 
drops in Ohio coal production. Ohio has submitted additional 
Administrative Record information in response to questions and comments 
raised by OSM concerning the initial submission of PA 63.
    This document sets forth the times and locations that the Ohio 
programs and proposed amendment to that program will be available for 
public inspection, the comment period during which interested persons 
may submit written comments on the proposed amendment, and the 
procedures that will be followed regarding the public hearing, if one 
is requested.

DATES: Written comments must be received on or before 4 p.m. on 
February 7, 1994. If requested, a public hearing on the proposed 
amendments will be held at 1 p.m. on January 31, 1994. Requests to 
present oral testimony at the hearing must be received on or before 4 
p.m. on January 28, 1994. Any disabled individual who has need for a 
special accommodation to attend a public hearing should contact the 
individual listed under FOR FURTHER INFORMATION CONTACT.

ADDRESSES: Written comments and requests to testify at the hearing 
should be mailed or hand-delivered to Mr. Richard J. Seibel, Director, 
Columbus Field Office, at the address listed below.
    Copies of the Ohio programs, the proposed amendments, and all 
written comments received in response to this document will be 
available for public review at the addresses listed below during normal 
business hours, Monday through Friday, excluding holidays. Each 
requestor may receive, free of charge, one copy of the proposed 
amendments by contacting OSM's Columbus Field Office.

Office of Surface Mining Reclamation and Enforcement, Columbus Field 
Office, 2246 South Hamilton Road, Columbus, Ohio 43232, telephone: 
(614) 866-0578.
Ohio Department of Natural Resources, Division of Reclamation, 1855 
Fountain Square Court, Building H-3, Columbus, Ohio 43224, 
telephone: (614) 265-6675.

FOR FURTHER INFORMATION CONTACT:
Mr. Richard J. Seibel, Director, Columbus Field Office, (614) 866-0578.

SUPPLEMENTARY INFORMATION

I. Background

    On August 16, 1982, the Secretary of the Interior conditionally 
approved the Ohio programs. Information on the general background of 
the Ohio program submissions, including the Secretary's findings, the 
disposition of comments, and a detailed explanation of the conditions 
of approval of the Ohio programs, can be found in the August 10, 1982, 
Federal Register (47 FR 34688). Subsequent actions concerning the 
conditions of approval and program amendments are identified at 30 CFR 
935.11, 935.12, 935.15, and 935.16.

II. Discussion of the Proposed Amendments

    By letter dated March 15, 1993 (Administrative Record No. OH-1845), 
the Ohio Department of Natural Resources, Division of Reclamation 
(Ohio) submitted proposed Program Amendment Number 63 (PA 63). In that 
submission, Ohio proposed to reduce the staff of the Ohio programs by 
abolishing 28 existing positions. Ohio also proposed to reorganize the 
remaining staff positions to assume the existing job duties.
    PA 63 included seven attachments intended to describe Ohio's 
proposal for the staffing reduction and reorganization and to provide 
the rationale for those actions. The amendment contained no proposed 
revisions to Ohio's coal mining law in the Ohio Revised Code or coal 
mining rules in the Ohio Administrative Code.
    OSM briefly summarized the seven attachments to PA 63 in the notice 
of receipt of the proposed amendment which OSM published in the Federal 
Register (58 FR 18185) on April 8, 1993. The public comment period 
ended on May 10, 1993. The public hearing scheduled for May 3, 1993, 
was not held because no one requested an opportunity to testify.
    By letter dated November 2, 1993 (Administrative Record No. OH-
1948), OSM provided its questions and comments to Ohio on the March 15, 
1993, submission of PA 63. OSM's questions and comments were listed 
under the following six headings: Streamlining of AML Designs; 
Engineering--Bond Forfeitures; Engineering--Inspection and Enforcement 
Issues; Position Descriptions; Bond Forfeiture Program; and SOAP 
Program.
    By letter dated December 6, 1993 (Administrative Record No. OH-
1971), Ohio provided its responses to OSM's November 2, 1993, questions 
and comments. In addition, Ohio included three attachments. The first 
attachment was a November 5, 1993, letter to OSM explaining 
organizational responsibilities within Ohio's engineering/geotechnical 
support group and AML program. The second attachment was a log of 
engineering inspection and enforcement activity. The third attachment 
was an example of the revised position description for Ohio's 
reclamation inspectors, dated April 5, 1993. In its December 6, 1993, 
Administrative Record information, Ohio noted that additional position 
descriptions for Ohio's engineering management staff were being revised 
but did not attach copies.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is now 
seeking comment on whether the amendments proposed by Ohio satisfy the 
applicable program approval criteria of 30 CFR 732.15. If the 
amendments are deemed adequate, they will become part of the Ohio 
programs.

Written Comments

    Written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under DATES or at locations other than the Columbus Field Office will 
not necessarily be considered in the final rulemaking or included in 
the Administrative Record.

Public Hearing

    Persons wishing to comment at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m. on 
January 28, 1994. If no one requests an opportunity to comment at a 
public hearing, the hearing will not be held.
    Filing of a written statement at the time of the hearing is 
requested as it will greatly assist the transcriber. Submission of 
written statements in advance of the hearing will allow OSM officials 
to prepare adequate responses and appropriate questions.
    The public hearing will continue on the specified date until all 
persons scheduled to comment have been heard. Persons in the audience 
who have not been scheduled to comment and who wish to do so will be 
heard following those scheduled. The hearing will end after all persons 
scheduled to comment and persons present in the audience who wish to 
comment have been heard.

Public Meeting

    If only one person requests an opportunity to comment at a hearing, 
a public meeting, rather than a public hearing, may be held. Persons 
wishing to meet with OSM representatives to discuss the proposed 
amendments may request a meeting at the Columbia Field Office by 
contacting the person listed under FOR FURTHER INFORMATION CONTACE. All 
such meetings shall be open to the public and, if possible, notices of 
the meetings will be posted at the locations listed under ADDRESSES. A 
written summary of each public meeting will be made a part of the 
Administrative Record.

List of Subjects in 30 CFR Part 935

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: January 12, 1994.
Ronald C. Recker,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-1419 Filed 1-19-94; 4:15 pm]
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