[Federal Register Volume 60, Number 9 (Friday, January 13, 1995)]
[Proposed Rules]
[Pages 3184-3185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-972]



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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement

30 CFR Part 935


Ohio Permanent Regulatory Program; Evaluation of Revegetation 
Success

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 revised 
amendments to the Ohio permanent regulatory program (hereinafter 
referred to as the Ohio program) under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA). Ohio has submitted additional proposed 
changes to its guidelines for evaluating revegetation success. These 
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 amendments are 
intended to make the Ohio program as effective as the corresponding 
Federal regulations.
    This document sets forth the times and locations that the Ohio 
program and proposed amendments to that program will be available for 
public inspection, the comment period during which interested persons 
may submit written comments on the proposed amendments, and the 
procedures that will be followed regarding the public hearing, if one 
is requested.

DATES: Written comments must be received on or before 4:00 p.m. on 
February 13, 1995. If requested, a public hearing on the proposed 
amendments will be held at 1:00 p.m. on February 7, 1995. Requests to 
present oral testimony at the hearing must be received on or before 
4:00 p.m. on January 30, 1995.

ADDRESSES: Written comments and requests to testify at the hearing 
should be mailed or hand-delivered to Mr. Robert H. Mooney, Acting 
Director, Columbus Field Office, at the address listed below. Copies of 
the Ohio program, 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 requester 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, 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

    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. 

FOR FURTHER INFORMATION CONTACT:
Mr. Robert H. Mooney, Acting 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. Information on the general background of the 
Ohio program submission, including the Secretary's findings, the 
disposition of comments, and a detailed explanation of the conditions 
of approval of the Ohio program, can be found in the August 10, 1992, 
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

    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, 
Program Amendments Number 25R and 56R (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 22517), 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 the 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.
    By letter dated July 19, 1994 (Ohio Administrative Record OH-2032), 
Ohio resubmitted revised ``Guidelines for Evaluating Revegetation 
Success'' which were intended to address the Assistant Director's 
requirements in his May 2, 1994, decision on PA 25R and 56R. OSM 
announced its receipt of proposed PA 25R and 56R in the Federal 
Register (59 FR 38577) on July 29, 1994. The public comment period 
ended on August 29, 1994. The public hearing scheduled for August 23, 
1994, was not [[Page 3185]] held because no one requested an 
opportunity to testify.
    By letter dated October 21, 1994, (Administrative Record No. OH-
2066), OSM provided its questions and comments to Ohio on the July 19, 
1994, submission of Ohio's ``Guidelines for Evaluating Revegetation 
Success.'' By letter dated December 20, 1994 (Ohio Administrative 
Record OH-2075), Ohio resubmitted revised guidelines which are intended 
to address the questions and comments in OSM's October 21, 1994 letter. 
Ohio's new proposed changes to its guidelines are described briefly 
below:
    (1) Ohio is adding text to require that inspectors verify that the 
vegetation is successfully stabilizing the soil surface from erosion 
when inspectors evaluate areas for final bond release.
    (2) Ohio is revising the guidelines to require a minimum of 100 
samples to evaluate ground cover.
    (3) Ohio is correcting errors in the statistical formulas for 
sampling adequacy and crop productivity.
    (4) Ohio is deleting references in the guidelines to 
``subsamples.''
    (5) Ohio is revising the guidelines to exclude the first year's 
yields from consideration in meeting prime farmland crop productivity.

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 
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 comment at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m. on 
January 30, 1995. 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 Columbus Field Office by 
contacting the person listed under ``FOR FURTHER INFORMATION CONTACT.'' 
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.

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 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. Hence, 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: January 9, 1995.
Richard J. Seibel,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 95-972 Filed 1-12-95; 8:45 am]
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