[Federal Register Volume 62, Number 129 (Monday, July 7, 1997)]
[Proposed Rules]
[Pages 36248-36249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17588]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 935

[OH-242-FOR]


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 the ``Ohio program'') under the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA). The proposed 
amendment consists of changes to provisions of the Ohio rules 
pertaining to attorney fees. The amendment is intended to revise the 
Ohio program to be consistent with the corresponding Federal 
regulations and was submitted in response to a required amendment at 30 
CFR 935.16.

DATES: Written comments must be received by 4:00 p.m., [E.D.T.], August 
6, 1997. If requested, a public hearing on the proposed amendment will 
be held on August 1, 1997. Requests to speak at the hearing must be 
received by 4:00 p.m., [E.D.T.], on July 22, 1997.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to George 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 43224, 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 (42 FR 34688). Subsequent actions concerning the conditions of 
approval and program amendments can be found at 30 CFR 935.11, 935.12, 
935.15, and 935.16.

II. Description of the Proposed Amendment

    By letter dated June 24, 1997, (Administrative Record No. OH-2173-
00) Ohio submitted a proposed amendment to its program pursuant to 
SMCRA and in response to a required amendment at 30 CFR 935.16. The 
provision of the Ohio Revised Code (ORC) that Ohio proposes to amend 
is: ORC 1531:13--Appeal of Violation. Specifically, Ohio is proposing 
that a permittee may file a request for an award to the permittee of 
the costs and expenses, including attorney's fees, reasonably incurred 
by the permittee in connection with an appeal. Ohio may assess those 
costs and expenses against a party who initiated, or participated in, 
the appeal if the permittee demonstrates that the party initiated or 
participated in the appeal in bad faith and for the purpose of 
harassing or embarrassing the permittee. The Division of Mines and 
Reclamation may file with the Commission a request for an award of the 
attorney's fees.

[[Page 36249]]

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 July 22, 1997. 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.
    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: June 27, 1997.
Tim L. Dieringer,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 97-17588 Filed 7-3-97; 8:45 am]
BILLING CODE 4310-05-M