[Federal Register Volume 64, Number 70 (Tuesday, April 13, 1999)]
[Rules and Regulations]
[Pages 17980-17982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9198]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 935

[OH-244-FOR]


Ohio Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is approving a proposed amendment to the Ohio regulatory 
program (Ohio program) under the Surface Mining Control and Reclamation 
Act of 1977 (SMCRA). Ohio is proposing revisions to section 1513-3-21 
of the Ohio Administrative Code (OAC) as it relates to awards of costs 
and expenses, including attorney's fees, arising in connection with 
appeals heard by the Reclamation Commission. The amendment is intended 
to revise the Ohio program to be consistent with its statute at Ohio 
Revised Code (ORC) Section 1513.13(E) as well as the corresponding 
Federal regulations.

EFFECTIVE DATE: April 13, 1999.

FOR FURTHER INFORMATION CONTACT: 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. Internet: [email protected].

SUPPLEMENTARY INFORMATION:

    I. Background on the Ohio Program
    II. Submission of the Proposed Amendment
    III. Director's Findings
    IV. Summary and Disposition of Comments
    V. Director's Decision
    VI. Procedural Determinations

I. Background on the Ohio Program

    On August 16, 1982, the Secretary of the Interior conditionally 
approved the Ohio program. You can find background information on the 
Ohio program, including the Secretary's findings, the disposition of 
comments, and the conditions of approval in the August 10, 1982, 
Federal Register (47 FR 34688). You can find later actions on 
conditions of approval and program amendments at 30 CFR 935.11, 935.15, 
and 935.16.

II. Submission of the Proposed Amendment

    By letter dated January 21, 1999 (Administrative Record No. OH-
2177-00) Ohio submitted proposed amendments to its program concerning 
award of costs and fees in connection with appeals heard by the 
Reclamation Commission. We announced receipt of the proposed amendment 
in the February 8, 1999, Federal Register (64 FR 6005), invited public 
comment, and provided an opportunity for a public hearing on the 
adequacy of the proposed amendment. The public comment period closed on 
March 10, 1999.

III. Director's Findings

    Following, according to SMCRA and the Federal regulations at 30 CFR 
732.15 and 732.17, are our findings concerning the proposed amendment.
    Any revisions that we do not specifically discuss below concern 
nonsubstantive wording changes or revised cross-references and 
paragraph notations to reflect organizational changes that result from 
this amendment.

OAC 1513-3-21  Award of Costs and Expenses

    (a) Paragraphs (A) and (B) are amended by changing the reference 
from the ``board of review'' to the ``Reclamation Commission'', by 
changing the scope of the paragraph from proceedings ``under Chapter 
1513 of the Revised Code'' to ``proceedings before the Reclamation 
Commission,'' and specifically requiring that a petition for costs and 
expenses including attorney's fees be submitted in accordance with 
Section 1513.13(E) and (E)(1)(c) of the ORC.
    (b) New paragraph (C) is added to specify that a decision by the 
Chief of the Division of Mines and Reclamation granting or denying in 
whole or in part a request for an award of costs and expenses including 
attorney's fees made under Section 1513.13(E)(1)(a) or 1513.13(E)(1)(b) 
of the ORC shall be appealable to the commission under Section 
1513.13(A) of the ORC.
    (c) Existing Paragraph (C) pertaining to the contents of a petition 
is re-numbered as (D) and further amended by including the specific 
references to the ORC included in (a) and (b) above.
    (d) Existing Paragraphs (D), (E) and (F) are re-numbered as (E), 
(F), and (G). New paragraphs (F) and (G) are further amended by 
changing the scope of the paragraphs from proceedings ``under Chapter 
1513 of the Revised Code'' to proceedings ``before the Reclamation 
Commission.''
    The changes described above revise the OAC to correspond with 
provisions previously approved in the ORC at Section 1513.13 entitled, 
Appeal of Violation, Order or Decision to Reclamation Commission. The 
Director finds that the proposed revisions to the OAC included in this 
amendment render these provisions consistent with ORC Section 
1513.13(E) pertaining to costs and expenses, including attorneys fees, 
arising from proceedings before the Chief of the Ohio Division of Mines 
and Reclamation and before the Reclamation Commission. In addition, the 
revisions do not render OAC Section 1513-3-21 inconsistent with section 
525(e) of SMCRA or with the Federal regulations at 43 CFR 4.1294.

IV. Summary and Disposition of Comments

Public Comments

    The Director solicited public comments and provided an opportunity

[[Page 17981]]

for a public hearing on the proposed amendment. Because no one 
requested an opportunity to speak at a public hearing, no hearing was 
held. No comments were received.

Federal Agency Comments

    Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited 
comments on the proposed amendment from various Federal agencies with 
an actual or potential interest in the Ohio program. The Department of 
the Army, Army Corps of Engineers, concurred without comment 
(Administrative Record No. OH-2177-02). No other comments were 
received.

Environmental Protection Agency (EPA)

    Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the 
written concurrence of the EPA with respect to those provisions of the 
proposed program amendment that relate to air or water quality 
standards promulgated under the authority of the Clean Water Act (33 
U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).
    None of the revisions Ohio proposed to make in its amendment 
pertains to air or water quality standards. Nevertheless, OSM requested 
EPA's comments on the proposed amendment. EPA did not respond to OSM's 
request.

V. Director's Decision

    Based on the above findings, the Director approves the proposed 
amendment as submitted by Ohio on January 21, 1999.

VI. 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 3 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

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.), this rule will not produce a Federal mandate of $100 million 
or greater in any year, i.e., it is not a ``significant regulatory 
action'' under the Unfunded Mandates Reform Act.

List of Subjects in 30 CFR 935

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 31, 1999.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.

    For the reasons set out in the preamble, Title 30, Chapter VII, 
Subchapter T of the Code of Federal Regulations is amended as set forth 
below:

PART 935--OHIO

    1. The authority citation for Part 935 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    2. Section 935.15 is amended in the table by adding a new entry in 
chronological order by ``Date of Final Publication'' to read as 
follows:


Sec. 935.15  Approval of Ohio regulatory program amendments.

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Original amendment  submission date          Date of final publication                Citation/description
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*                  *                  *                  *                  *                  *
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January 21, 1999...................  April 13, 1999..........................  OAC 1513-3-21.
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[FR Doc. 99-9198 Filed 4-12-99; 8:45 am]
BILLING CODE 4310-05-P