[Federal Register Volume 59, Number 110 (Thursday, June 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14055]
[[Page Unknown]]
[Federal Register: June 9, 1994]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 935
Ohio Regulatory Program
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 (SMCRA).
Ohio has submitted additional information to expand upon its original
submission of PA 63.
DATES: Written comments must be received by 4 p.m., E.D.T., June 24,
1994.
ADDRESSES: Written comments should be mailed or hand delivered to
Richard J. Seibel, Director, Columbus Field Office, at the address
listed below.
Copies of the Ohio programs, the proposed amendment, 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
requester may receive one free copy of the proposed amendment by
contacting OSM's Columbus Field Office.
Richard J. Seibel, Director, Columbus Field Office, Office of Surface
Mining Reclamation and Enforcement, 4480 Refugee Road, suite 201,
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:
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 Amendment
By letter dated March 15, 1993 (Administrative Record No. OH-1845),
the Ohio Department of Natural Resources, Division of Reclamation
(Ohio), submitted proposed 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 contains no proposed
revisions to Ohio's coal mining law in the Ohio Revised Code or coal
mining rules in the Ohio Administrative Code.
The seven attachments to PA 63 are summarized briefly in the notice
of the receipt of the proposed amendment which OSM published in the
Federal Register (55 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 June 16, 1993 (Administrative Record No. OH-1890),
Ohio submitted additional information concerning the reduction of
staffing levels. In addition, Ohio included seven attachments. The
first attachment was a chart for the years 1987 through 1992 showing
coal production, active mining permits, and new permits issued; the
second attachment was a chart showing the acreage of Phase I, Phase II,
and Phase III bond releases from 1983 through 1992; the third
attachment was a draft policy/procedure directive concerning the role
of the inspectors in inspecting forfeited sites and in assisting in
plan review and preparation and in completing the paperwork associated
with forfeitures; the fourth attachment was the monthly enforcement
report; the fifth attachment was a draft policy/procedure directive
concerning the participation of Abandoned Mine Lands (AML) staff in
small project designs; the sixth attachment was a description of the
workload of the inspection and enforcement engineer; and the seventh
attachment concerned engineering guidelines. Through an oversight, OSM
did not reopen the comment period at that time.
Subsequently, by letter dated November 2, 1993 (Administrative
Record No. OH-1948), OSM provided its questions and comments to Ohio on
the March 15, 1993, and June 16, 1993, submissions 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 questions and comments
under the six headings listed above. In addition, Ohio included two
attachments. One attachment is a letter addressed to OSM dated November
5, 1993. This letter explains organizational responsibilities in Ohio's
engineering/geotechnical support group and the AML program.
The other attachment is a log of engineering inspection and
enforcement activity.
OSM announced receipt of Ohio's additional Administrative Record
information in the January 21, 1994, Federal Register (59 FR 3325), and
in the same document opened the public comment period and provided an
opportunity for a public hearing on the adequacy of the proposed
amendment. The public comment period closed on February 7, 1994.
In response to OSM's concerns regarding engineering practices and
engineering workload, on April 21, 1994 (Administrative Record No. OH-
2014), Ohio submitted additional information on both of these items.
III. Public Comment Procedures
OSM is reopening the comment period on the proposed Ohio program
amendment to provide the public an opportunity to reconsider the
adequacy of the proposed amendment in light of the additional materials
submitted.
In accordance with the provisions of 30 CFR 732.17(h), OSM is now
seeking comments on whether the proposed amendment satisfies the
applicable program approval criteria of 30 CFR 732.15. If the amendment
is deemed adequate, it will become part of the Ohio program.
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.
IV. Procedural Determinations
Executive Order 12866
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
Executive Order 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (Civil Justice Reform) and has
determined that, to the extent allowed 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 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.
National Environmental Policy Act
No environmental impact statement is required for this rule since
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.
4332(2)(C)).
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 has determined 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 submittal which is the subject of this rule is based upon
corresponding 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. Accordingly, this rule will ensure that existing requirements
previously promulgated by OSM will be implemented by the State. In
making the determination as to whether this rule would have a
significant economic impact, the Department relied upon the data and
assumptions in the analyses for the corresponding Federal regulations.
List of Subjects in 30 CFR Part 935
Intergovernmental relations, Surface mining, Underground mining.
Dated: June 3, 1994.
Robert J. Biggi,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-14055 Filed 6-8-94; 8:45 am]
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