[Federal Register Volume 59, Number 203 (Friday, October 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26153]


[[Page Unknown]]

[Federal Register: October 21, 1994]


     
                                                   VOL. 59, NO. 203

                                           Friday, October 21, 1994

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 935

 

Ohio Permanent Regulatory Program; Revision of Administrative 
Rules

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 proposed Program Amendment 
Number 69 to the Ohio permanent regulatory program (hereinafter 
referred to as the Ohio program) under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA). The amendment was initiated by Ohio 
and is intended to make the Ohio program as effective as the 
corresponding Federal regulations concerning the filing of financial 
interest statements, appeal procedures for remedial actions regarding 
prohibited financial interests, and the submittal of yield data with 
requests for bond release on areas reclaimed to pasture or grazing 
land.

DATES: Written comments must be received on or before 4:00 p.m., 
E.D.T., on November 21, 1994. If requested, a public hearing on the 
proposed amendment will be held on November 15, 1994. Requests to speak 
at the hearing must be received by 4:00 p.m., E.D.T., on November 7, 
1994.

ADDRESSES: Written comments and requests to testify at the hearing 
should be mailed or hand-delivered to Robert H. Mooney, Acting 
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.

Robert H. Mooney, Acting 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:
Robert H. Mooney, Acting 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 are identified 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 69 by letter dated 
September 22,1 994 (Administrative Record No. OH-2059). In this 
amendment, Ohio proposes to revise two rules at Ohio Administrative 
Code (OAC) sections 1501:13-1-03 and 13-7-05 to make the Ohio program 
as effective as the corresponding Federal regulations concerning 
financial interest statements and yield data for pasture or grazing 
land. The substantive rule revisions proposed by Ohio in this amendment 
are briefly described below.

A. Financial Interest Statements (OAC section 1501:13-1-03)

1. Definition of ``Employee''
    Ohio is revising paragraph (D)(2) to provide that members of the 
Ohio Board on Unreclaimed Strip Mined Lands are included under this 
definition. Members of the Ohio Reclamation Board of Review and the 
board's hearing officers are not included under this definition.
2. Hearing Officers of the Ohio Reclamation Board of Review
    Ohio is revising paragraphs (F)(1), (G)(1), and (H) to require that 
hearing officers of the Ohio Reclamation Board of Review must also file 
annual financial interest statements.
3. Standard Form for Annual Financial Interest Statements
    Ohio is revising paragraph (I)(1) to specify that employees shall 
use Form OSM-23 to file their annual financial interest statements.
4. Appeal of Remedial Actions
    Ohio is revising paragraph (L)(1) to specify that nothing in OAC 
section 1501:13-1-03 modifies any right of appeal that any employee may 
have under State law of a decision by the Chief of the Division of 
Reclamation, Ohio Department of Natural Resources, on an employee's 
appeal of remedial action for prohibited financial interests. Ohio is 
also revising paragraphs (L) (2) and (3) to provide that members of the 
Ohio Reclamation Board of Review and the board's hearing officers may 
request advisory opinions from the Director of the Office of Surface 
Mining Reclamation and Enforcement on issues pertaining to an apparent 
prohibited financial interest.

B. Yield Data for Pasture or Grazing Land (OAC section 1501:13-7-05)

    1. Ohio is adding the requirement in paragraph (A)(2)(c)(ii) that 
requests for approval of phase III reclamation on acreage reclaimed as 
pasture or grazing land (as well as acreage reclaimed to cropland or 
prime farmland must include yield data.

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 p.m., E.D.T., 
on November 7, 1994. The location and time of the hearing will be 
arranged with those persons requesting the hearing. 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 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 meeting shall 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 No. 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 (Court 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 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 
which require approval by the Office of Management and Budget 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: October 12, 1994.
Ronald C. Recker,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-26153 Filed 10-20-94; 8:45 am]
BILLING CODE 4310-05-M