[Federal Register Volume 62, Number 138 (Friday, July 18, 1997)]
[Proposed Rules]
[Pages 38509-38510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19000]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 935

[OH-241-FOR, #74]


Ohio Regulatory Program

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

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: OSM is reopening the public comment period on a proposed 
amendment to the Ohio permanent 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 150:13-6-03 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.] August 
4, 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 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 FR 34688). Subsequent actions concerning conditions of 
approval and program amendments can be found 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 a proposed amendment to its program regarding 
its SOAP pursuant to SMCRA. Ohio submitted the proposed amendment at 
its own initiative. OSM announced receipt of the proposed amendment in 
the October 18, 1996, Federal Register (61 FR 54373) 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

[[Page 38510]]

18, 1996. (At the time of announcement, the proposed amendment was 
identified as [OH-240; Amendment Number 74]. Please note that the 
amendment is now identified as [OH-241; Amendment Number 74].) However, 
there was no requirement that historical information be collected, as 
well as certain cross-reference contained in the proposed amendments 
were incorrect or inadvertently omitted in that notice. These were 
conveyed to Ohio in a document dated April 14, 1997, Administrative 
Record No. OH-2170-07. Also, Ohio had already corrected some of the 
cross-reference errors and submitted corrections to its proposed 
amendments in a facsimile document dated April 1, 1997. It agreed to 
make additional corrections in a letter dated May 27, 1997. On June 24, 
1997, Ohio submitted its revisions in response to the April 14, 1997 
document. (Administrative Record Nos. OH-2170-06, OH-2170-08, and OH-
2170-09 respectively). Therefore, OSM is reopening the public comment 
period only on the following proposed amendments:

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

    1. OAC 1501:13-6-03(D)(10)--The cited cross-reference regarding the 
scale of topographic maps is revised from OAC 1501:13-9-04 to OAC 
1501:13-4-09.
    2. OAC 1501:13-6-03(F)(2)(c)--The cited cross-reference are revised 
to ORC 1513.07(B)(2)(n)(i), OAC 1501:13-4-04(J), (J)(18) through 
(J)(26) and OAC 1501:13-4-13(J), (J)(18) through (J)(26).
    3. OAC 1501:13-6-03(F)(2)(d)--The cited cross-reference are revised 
to include OAC 1501:13-4-05(K) and 1501:13-4 14(J) in addition to those 
already referenced, i.e. 1513.07(B)(2)(m), OAC 1501:13-4-04(A) and 
1501:13-4-13(A).
    4. OAC 1501:13-6-03(A)(1)(D) and OAC 1501:13-6-03(F)(2)(d) are 
revised to include the words ``and historical'' after the opening 
phrase ``The collection of archaeological''.
    5. OAC 1501:13-6-03(A)(1)(C) and OAC 1501:13-6-03(F)(2)(C)--The 
cross-references in the statement ``The development of cross-section 
maps and plans required under (B)(2) of section 1513. of the Revised 
Code.'' are revised to (B)(2)(n)(i) of section 1513.07.
    6. OAC 1501:13-6-03(A)(1)(D) and OAC 1501:13-6-03(F)(2)(D)--The 
cross-references in the statement ``The collection of archaeological 
information required under division (B)(2) of section 1513. of the 
Revised Code. . . .'' are revised to (B)(2)(m) of section 1513.07 of 
the Revised Code.
    7. OAC 1501:13-6-03(D)(9) is the same as (D)(12), therefore (D)(9) 
has been deleted.

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. Specifically, 
OSM is seeking comments on the revisions to the State's regulations 
that were submitted on June 24, 1997 (Administrative Record No. OH-
2170-09), with the corrections and additions as noted above. Comments 
should address 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.

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: July 10, 1997.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 97-19000 Filed 7-17-97; 8:45 am]
BILLING CODE 4310-05-M