[Federal Register Volume 61, Number 203 (Friday, October 18, 1996)]
[Proposed Rules]
[Pages 54373-54375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26776]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 935

[OH-240-FOR, #74]


Ohio Regulatory Program

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing.

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SUMMARY: OSM is announcing receipt of a proposed amendment to the Ohio 
regulatory program (hereinafter referred to as the ``Ohio program'') 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). 
The proposed amendment consists of revisions to section 1501:13-6-03 of 
the Ohio Administrative Code (OAC) dealing with the Small Operator 
Assistance Program (SOAP). The amendment is intended to revise the Ohio 
program to be consistent with the corresponding Federal regulations.

DATES: Written comments must be received by 4:00 p.m., [E.D.T.] 
November 18, 1996.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to George

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Rieger, Field Branch Chief, at the address listed below.
    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 Appalachian Regional 
Coordinating Center.

George Rieger, Field Branch Chief, Appalachian Regional Coordinating 
Center, Office of Surface Mining Reclamation and Enforcement, 3 Parkway 
Center, Pittsburgh PA 15220, Telephone: (412) 937-2153
Ohio Division of Mines and Reclamation, 1855 Fountain Square Court, 
Columbus, Ohio 43244, Telephone: (614) 265-1076.

FOR FURTHER INFORMATION CONTACT:
George Rieger, Field Branch Chief, Appalachian Regional Coordinating 
Center, Telephone: (412) 937-2153.

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 CFR 34688). Subsequent actions concerning conditions of 
approval and program amendments can be fount at 30 CFR 935.11, 935.15, 
and 935.16.

II. Description of the Proposed Amendment

    By letter dated October 3, 1996, (Administrative Record No. OH-
2170-00) Ohio submitted proposed amendments to the Ohio program 
concerning the SOAP. Ohio submitted the proposed amendments at its own 
initiative. The amendment proposes numerous changes regarding both the 
title of the division and gender. Throughout the amendment, references 
to the ``division of reclamation'' are changed to the `'division of 
mines and reclamation'' and references to ``he'' or ``his'' are changed 
to ``he or she'' or ``his or hers'', respectively. These changes are 
not specifically enumerated below. The substantive changes proposed by 
Ohio in the revised amendment are discussed briefly below:

1. OAC 1501:13-6-03  Small Operator Assistance Program

    (a) Paragraph (A)(1) is amended by adding items for which qualified 
operators may request assistance. These include engineering analysis 
and designs necessary for the determination of probable hydrologic 
consequences added to subparagraph (A)(1)(a), and amending subparagraph 
(A)(1)(b) to include geologic drilling and statement of the results of 
physical and chemical analyses of test borings or core samples.
    (b) New subparagraphs (C) (D) (E) and (F) are added to identify the 
development of cross-section maps and plans; the collection of 
archaeological information and other historical information and the 
preparation of plans necessitated thereby; pre-blast surveys; and the 
collection of site specific resource information and production of 
protection and enhancement plans for fish and wildlife habitats and 
other environmental values required by the chief, respectively, as 
items for which a qualified operator may request assistance.
    (c) Paragraph (B) is amended by deleting subparagraphs (1) and (2) 
dealing with probable hydrologic consequences and results of test 
borings and core samplings which are added to Paragraph (A) of this 
amendment, and adding a statement referencing the services eligible are 
under paragraph (A).
    (d) Paragraph (C)(2) is further amended by substituting the 
Department of Natural Resources as an additional reference for 
production figure verification instead of the division of mines and the 
division of reclamation. Subparagraphs (C)(2)(a) and (C)(2)(b) are 
amended by changing the applicant ownership limit from ``more than a 
five percent limit'' to ``ten percent or more'' limit.
    (e) New subparagraph (D)(9) is added to require that an applicant 
for assistance shall also submit a general statement on the probable 
depth and thickness of the coal resource including a statement of 
reserves in the permit area and the method by which they were 
calculated. Subsequent subparagraphs are re-lettered accordingly.
    (f) Subparagraph (D)(10) is amended by deleting the specific map 
scale references required for a topographic map and adding a reference 
to Rule 1501:13-9-04 of the OAC. New subparagraph (D)(10)(E) is added 
to require that such topographic maps also include any additional 
information required by the chief.
    (g) Paragraph (F)(2) is amended by deleting the heading ``specific 
provisions'' and adding the following: ``The data, analyses, and 
statements provided to the chief shall be sufficient to satisfy the 
requirements for:''. Subparagraphs (F)(2) (a) and (b) are amended to 
include engineering analyses and designs necessary for the probable 
hydrologic consequences determination, and the drilling and statement 
by a qualified laboratory of the result of test borings or core 
samplings, respectively. Subparagraph (F)(2)(b) is further amended by 
adding provisions for obtaining a waiver from the requirement. 
Subparagraph (F)(2)(c) pertaining to this waiver is deleted.
    Existing subparagraph (F)(2)(d) is re-numbered as (F)(3), and 
existing subparagraphs (F)(2) (e) and (f) are deleted.
    New subparagraphs (F)(2) (C), (D), (E), and (F) are added to 
identify the specific requirements that must be met for the development 
of cross-section maps and plans; the collection of archeological 
information and other historical information; pre-blast surveys; and 
the collection of site-specific resource information and production of 
protection and enhancement plans for fish and wildlife habitats and 
other environmental values, respectively.

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 Appalachian Regional 
Coordinating Center 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 4:00 p.m., 
[E.D.T.] on November 4, 1996. The location and time of the hearing will 
be arranged with those persons requesting the hearing. If no one 
requests an opportunity to speak at the public hearing, the hearing 
will not be held.

[[Page 54375]]

    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.
    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 speak 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 meetings will 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 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 12988

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12988 (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 
counterpart 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 counterpart Federal regulations.

Unfunded Mandates

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 935

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: October 10, 1996.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 96-26776 Filed 10-17-96; 8:45 am]
BILLING CODE 4310-05-M