[Federal Register Volume 59, Number 150 (Friday, August 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19147]


[[Page Unknown]]

[Federal Register: August 5, 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 65 Revised (PA 65R) to the Ohio permanent 
regulatory program (hereinafter referred to as the Ohio program) under 
the Surface Mining Control and Reclamation Act of 1977. The amendment 
was initiated by Ohio and is intended to make the Ohio program as 
effective as the corresponding Federal regulations. The amendment 
concerns the availability of Ohio's permit, inspection, and enforcement 
records to the public.

DATES: Written comments must be received by 4:00 p.m., E.D.T., on 
August 22, 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 program, 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.

Office of Surface Mining Reclamation and Enforcement, Columbus Field 
Office, 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 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, 1992, 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

    The Ohio Department of Natural Resources, Division of Reclamation 
(Ohio), submitted proposed Program Amendment Number 65 (PA 65) by 
letter dated February 23, 1994 (Administrative Record No. OH-1990). In 
this amendment, Ohio proposed to revise two rules in the Ohio 
Administrative Code (OAC) to correct outdated rule references and to 
adopt language similar to corresponding Federal regulations concerning 
the availability of documents for public review.
    OSM announced its receipt of proposed PA 65 in the Federal Register 
on March 10, 1994 (59 FR 11227). The public comment period ended on 
April 11, 1994. The public hearing scheduled for April 4, 1994, was not 
held because no one requested an opportunity to speak.
    By letter dated June 17, 1994 (Administrative Record No. OH-2029), 
OSM provided its comments to Ohio on the February 23, 1994, submission 
of PA 65. By letter dated July 20, 1994 (Administrative Record No. OH-
2033), Ohio resubmitted Program Amendment Number 65 Revised (PA 65R) 
which is intended to resolve the requirements in OSM's June 17, 1994, 
letter. The new revisions proposed by Ohio in PA 65R are summarized 
briefly below:
    1. Ohio is revising OAC section 1501:13-1-10 paragraphs (B)(2) and 
(B)(2)(b) to clarify that the provisions for availability of records 
shall apply to both existing and proposed mining operations.
    2. Ohio is revising its draft of the public notice document to 
clarify that public comments on applicable permitting, inspection, 
enforcement, and regulatory documents shall also be available for 
public inspection and copying. Ohio is also listing in the public 
notice the Ohio counties which are under the jurisdiction of each of 
its five coal-regulatory district offices.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is 
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 whether this rule would have a significant 
economic impact, the Department relied upon the data and assumptions in 
the analysis for the corresponding Federal regulations.

List of Subjects in 30 CFR Part 935

    Intergovernmental regulations, Surface mining, Underground mining.

    Dated: August 1, 1994.
Patricia P. Acker,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-19147 Filed 8-4-94; 8:45 am]
BILLING CODE 4310-05-M