[Federal Register Volume 60, Number 92 (Friday, May 12, 1995)]
[Proposed Rules]
[Pages 25660-25661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11781]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 935

[OH-233; Amendment Number 69R]


Ohio Regulatory Program; Revision of Administrative Rules

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.

ACTION: Proposed rule; reopening and extension of public comment 
period.

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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 appeal procedures for 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 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., E.D.T. 
on May 30, 1995. If requested, a public hearing on the proposed 
amendments will be held at 1:00 p.m., E.D.T. on May 22, 1995. Requests 
to speak at the hearing must be received on or before 4:00 p.m., E.D.T. 
on May 19, 1995.

ADDRESSES: Written comments and requests to speak 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. Information on the general background of the 
Ohio program submissions, 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 the 
conditions approval 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 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- [[Page 25661]] 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 providing 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 
providing Revised Program Amendment Number 69 (PA 69R) by letter dated 
March 8, 1995 (Administrative Record No. OH-2099). In PA 69R, Ohio 
proposed further revisions to one rule at OAC section 1501:13-1-03 
concerning the inclusion of hearing officers of the Ohio Reclamation 
Board of Review under that rule's definition of ``employee.''
    OSM announced receipt of PA 69R in the March 17, 1995, Federal 
Register (60 FR 14401), and, in the same document, opened the public 
comment period and providing an opportunity for a public hearing on the 
adequacy of the proposed amendment. The public comment period closed on 
April 3, 1995.
    On April 19, 1995 (Administrative Record No. OH-2114), OSM notified 
Ohio that OSM had made an error in its February 6, 1995, questions and 
comments on PA 69 and had omitted one necessary change to OAC 1501:13-
1-03 paragraph (L)(1). By letter dated May 3, 1995 (Administrative 
Record No. OH-2115), Ohio submitted further revisions to this one rule 
paragraph to delete a separate reference to the Reclamation Board of 
Review's hearing officers because Ohio is now proposing that those 
hearing officers be included under the definition of ``employee'' in 
this rule.

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., 
E.D.T. on May 19, 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.
    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.

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.

List of Subjects in 30 CFR Part 935

    Intergovernment relations, Surface mining, Underground mining.

    Dated: May 5, 1995.
Ronald C. Recker,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 95-11781 Filed 5-11-95; 8:45 am]
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