[Federal Register Volume 59, Number 145 (Friday, July 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18530]


[[Page Unknown]]

[Federal Register: July 29, 1994]


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DEPARTMENT OF THE INTERIOR
30 CFR Part 935

 

Ohio 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 receipt of a proposed continuation of 
Revised Program Amendments Numbers 25 and 56 (PA 25R and PA 56R) to the 
Ohio regulatory program (hereinafter referred to as the Ohio program) 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). 
Ohio has submitted proposed changes to its guidelines for evaluating 
revegetation success and other supporting information. Ohio's 
guidelines describe the sampling methods and standards which Ohio 
proposes to use to evaluate revegetation success prior to bond release 
on areas with different postmining land uses. The amendment is intended 
to make the Ohio program as effective as the corresponding Federal 
regulations.

DATES: Written comments must be received on or before 4:00 p.m., E.D.T. 
on August 29, 1994. If requested, a public hearing on the proposed 
amendment will be held on August 23, 1994. Requests to speak at the 
hearing must be received by 4:00 p.m., E.D.T. on August 15, 1994.

ADDRESSES: Written comments and requests to testify at the hearing 
should be mailed or hand delivered to Richard J. Seibel, Director, 
Columbus Field Office, at the address listed below.
    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.
    Copies of the Ohio program, the proposed amendment, a listing of 
any scheduled public hearings, 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, Office of Surface Mining Reclamation and 
Enforcement, Columbus Field Office, 4480 Refugee 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:
Richard J. Seibel, Director, Columbus Field Office, (614) 866-0578.
SUPPLEMENTARY INFORMATION: 
I. Background on the Ohio Program
    On August 16, 1982, the Secretary of the Interior conditionally 
approved the Ohio program. Background information on the Ohio program, 
including the Secretary's findings, the disposition of comments, and 
the conditions of approval can be found in the August 10, 1982, Federal 
Register (47 FR 34688). Subsequent actions concerning the conditions of 
approval and program amendments can be found at 30 CFR 935.11, 935.12, 
935.15, and 935.16.
II. Description of the Proposed Amendment
    On October 21, 1993 (Administrative Record No. OH-1944), the Ohio 
Department of Natural Resources, Division of Reclamation (Ohio), 
submitted a final combined version of two previous program amendments, 
PA 25R and PA 56R. In this combined submission, Ohio proposed to revise 
parts of the Ohio Administrative Code (OAC) pertaining to land use and 
revegetation success standards. Ohio also submitted ``Guidelines for 
Evaluating Revegetation Success'' establishing the sampling procedures 
for measuring vegetative ground cover, forage yield, and tree shrub 
stocking.
    On May 2, 1994 (59 FR 22507), the Acting Assistant Director of OSM 
announced his decision approving combined PA 25R and 56R with certain 
exceptions. In that decision, the Assistant Director required Ohio to 
submit a proposed amendment to modify its ``Guidelines for Evaluating 
Revegetation Success'' to require that species diversity, erosion 
control, and other applicable requirements of OAC 1501:13-9-15 (B) and 
(C) be evaluated at the time of final bond release. The Assistant 
Director also required that Ohio revise the formula for determining the 
sample size for evaluating tree and shrub success. Finally, the 
Assistant Director required that, consistent with OAC 1501:13-9-
15(K)(3), Ohio also submit documentation that it has consulted with and 
obtained the approval of the Ohio Division of Wildlife or other 
responsible agency for the methods to be used to evaluate diversity at 
the time of final bond release.
    By letter dated July 19, 1994 (Ohio Administrative Record OH-2032), 
Ohio resubmitted revised ``Guidelines for Evaluating Revegetation 
Success'' which are intended to address the Assistant Director's 
requirements in his May 2, 1994, decision on PA 25R and 56R. Ohio's 
proposed changes to its guidelines are described briefly below:
    (1) Ohio has corrected errors in the statistical formula in 
Sections B.1.IV and C.1.IV, and in Attachments 8, 10, and 12 for 
sampling adequacy regarding tree survival;
    (2) Ohio has eliminated redundant calculations for sampling error;
    (3) Ohio has added additional guidance in new Section A.1.VI and 
Attachment 4 on herbaceous ground cover sampling for calculation of 
sampling error when the sample size is significantly fewer than 100 
points; and
    (4) Ohio has added additional guidance in new Section A.1.VII on 
species composition and diversity. Ohio has included a ``diversity 
checklist'' as Attachment 5 to be used by Ohio inspectors to evaluate 
species composition and diversity on undeveloped land and on fish and 
wildlife habitat at the time of final bond release.
    In support of the amendment, Ohio has also included a memorandum 
from the Chief of the Ohio Department of Natural Resources, Division of 
Forestry, concurring with the provision at OAC 1501:13-9-15(L)(2)(a) 
which requires that at least 75 percent of the trees counted toward 
success of commercial forest must be commercial species.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is now 
seeking comment 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.

Public Hearing

    Persons wishing to speak at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., 
E.D.T. on August 15, 1994. The location and time of the hearing will be 
arranged with those persons requesting the hearing. If no one requests 
an opportunity to speak at the 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 speak have been heard. Persons in the audience who 
have not been scheduled to speak and who wish to do so, will be heard 
following those who have been scheduled. The hearing will end after all 
persons scheduled to speak and persons present in the audience who wish 
to speak 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 
amendment may request a meeting by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the 
public and, if possible, notices of 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.

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 for the corresponding Federal regulations.

List of Subjects in 30 CFR Part 935

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: July 25, 1994.
Patricia A. Acker,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-18530 Filed 7-28-94; 8:45 am]
BILLING CODE 4310-05-M