[Federal Register Volume 60, Number 52 (Friday, March 17, 1995)]
[Proposed Rules]
[Pages 14401-14403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6591]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
30 CFR Part 935
[OH-233; Amendment Number 69R]
Ohio Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; reopening and extension of public comment
period.
-----------------------------------------------------------------------
SUMMARY: OSM is reopening the public comment period for a revised
amendment to the Ohio regulatory program (hereinafter referred to as
the Ohio program) under the Surface Mining Control and Reclamation Act
of 1977. This revised amendment was initiated by Ohio and is intended
to make the Ohio program as effective as the corresponding Federal
regulations concerning filing of financial interest statements,
acceptance of gifts and gratuities, and appeal procedures for
[[Page 14402]] remedial actions regarding prohibited financial
interests.
This document sets forth the times and locations that the Ohio
program and the proposed amendment to that program will be available
for public inspection, the comment period during which interested
persons may submit written comments on the proposed amendment, and the
procedures that will be followed regarding the public hearing, if one
is requested.
DATES: Written comments must be received by 4:00 p.m. [E.S.T.], on
April 3, 1995. If requested, a public hearing on the proposed
amendments will be held at 1:00 p.m. [E.S.T.], on March 27, 1995.
Requests to present oral testimony at the hearing must be received by 4
p.m. [E.S.T.], on March 24, 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 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:
Mr. 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. General background information on the Ohio
program, 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, 1982, Federal Register
(47 FR 34688). Subsequent actions concerning Ohio's program and program
amendments are identified at 30 CFR 935.11, 935.12, 935.15, and
935.16.
II. Proposed Amendment
The Ohio Department of Natural Resources, Division of Reclamation
(Ohio) submitted proposed Program Amendment Number 69 (PA 69) by letter
dated September 22, 1994 (Administrative Record No. OH-2059). In this
amendment, Ohio proposed 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, appeal procedures for remedial actions
regarding prohibited financial interests, and yield data for pasture or
grazing land.
OSM announced receipt of PA 69 in the October 21, 1994, Federal
Register (59 FR 53122), 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
November 21, 1994.
OSM and Ohio staff met on February 6, 1995, to discuss OSM's
questions and concerns about PA 69 (Administrative Record No. OH-2098).
In response to OSM's February 6, 1995, questions and comments, Ohio
provided Revised Program Amendment Number 69 (PA 69R) by letter dated
March 8, 1995 (Administrative Record No. OH-2099). In PA 69R, Ohio is
proposing further revisions to one rule at OAC section 1501:13-1-03 as
described below:
(1) Ohio Reclamation Board of Review Hearing Officers Included
Under Definition of ``Employee'': Ohio is further revising paragraph
(D)(2) to include hearing officers of the Ohio Reclamation Board of
Review under the definition of ``employee.'' Ohio is also revising
paragraphs (F)(1), (G)(1), (H), and (L)(3) to delete previously
proposed separate references to these hearing officers because Ohio is
now proposing that those hearing officers be included under the
definition of ``employee'' in this rule.
(2) Use of Financial Interest Statement Form by Members of the Ohio
Reclamation Board of Review: Ohio is revising paragraph (I)(1) to
require members of the Ohio Reclamation Board of Review to report all
required information concerning employment and financial interests on
Form OSM-23.
(3) Acceptance of Gifts and Gratuities by Members of the Ohio
Reclamation Board of Review: Ohio is revising paragraph (J)(1) to
prohibit the solicitation or acceptance of gifts and gratuities by
members of the Ohio Reclamation Board of Review from coal companies
which are conducting or seeking to conduct regulated activities or
which have an interest that may be substantially affected by the
performance of the Board members' official duty.
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. [est],
on March 24, 1995. If no one requests an opportunity to comment at a
public hearing, the hearing will not be held. 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.
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
[[Page 14403]] 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 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 State 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
Intergovernment relations, Surface mining, Underground mining.
Dated: March 10, 1995.
Richard J. Seibel,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 95-6591 Filed 3-16-95; 8:45 am]
BILLING CODE 4310-05-M