[Federal Register Volume 64, Number 151 (Friday, August 6, 1999)]
[Proposed Rules]
[Pages 42887-42888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20273]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 935

[OH-264-FOR]


Ohio Regulatory Program

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

ACTION: Proposed rule; reopening of public comment period.

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SUMMARY: OSM is reopening the public comment period on 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 1501:13-1-04 of the Ohio Administrative 
Code (OAC) as it relates to exemptions for coal extraction incidental 
to government-financed highway or other construction. The amendment is 
intended to revise the Ohio program to include counterparts to the 
recently promulgated ``AML Enhancement Rule,'' which revised the 
Federal regulations as 30 CFR 707.5 and added a new provision, at 30 
CFR 874.17.

DATES: Written comments must be received by 4:00 p.m., [E.S.T.], August 
23, 1999.

ADDRESSES: Mail or hand-deliver your written comments and requests to 
speak at the hearing to George Rieger, Field Branch Chief, at the 
address listed below.
    You may review copies of the Ohio program, the proposed amendment, 
and all written comments received in response to this document at the 
addresses listed below during normal business hours, Monday through 
Friday, excluding holidays. You 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. 
Internet: [email protected].

SUPPLEMENTARY INFORMATION:

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. Description of the Proposed Amendment

    By letter dated March 16, 1999 (Administrative Record No. OH-2178-
00) Ohio submitted a proposed amendment to its program concerning 
exemptions for coal extraction incidental to government-financed 
highway or other construction. Ohio submitted the proposed amendment at 
its own initiative, in order to incorporate into its program the 
expanded exemption recently promulgated in the Federal regulations at 
30 CFR 707.5, as part of the ``AML Enhancement Rule.'' Under this rule, 
approved Title IV abandoned mine land (AML) projects under SMCRA which 
involve incidental coal extraction and are less than 50 percent 
government financed may qualify for exemption. Projects which qualify 
for this expanded exemption must also meet the newly promulgated 
requirements contained in 30 CFR 874.17. (64 FR 7470, February 12, 
1999). The proposed amendment was announced in the April 16, 1999, 
Federal Register (64 FR 18857). The initial comment period closed on 
May 17, 1999.
    By letter dated July 9, 1999 (Administrative Record No. OH-2178-06) 
Ohio submitted a revised and final version of the proposed amendment. 
Ohio made this more recent submittal in

[[Page 42888]]

response to an OSM, July 1, 1999, issue letter (Administrative Record 
No. OH-2178-05). In the letter, OSM had requested that the amendment 
clearly restrict exemptions to projects that are AML eligible; and 
clearly require that the exempted reclamation project is conducted in 
accordance with the provisions of 30 CFR Subchapter R. The following 
are changes to OAC Section 1501:13-1-04 made in the final submission 
and not previously described in the April 16, 1999, Federal Register 
notice. Revisions concerning nonsubstantive wording, format, or 
organizational changes will not be described in this notice.
    The last sentence of Subsection (A)(3) in the original amendment 
read as follows: ``Funding at less than 50 percent may qualify if the 
construction is undertaken as an approved reclamation project under 
Section 1513.30 or 1513.37 of the revised code.'' This sentence has 
been revised as follows: ``Funding at less than 50 percent may qualify 
if the project is eligible under 1513.37 of the revised code and the 
construction is undertaken as an approved reclamation project under 
Section 1513.30 or 1513.37 of the Revised Code.''
    Subsection (C)(4)(ii) in the original amendment read as follows: 
``Ensure that the reclamation project is conducted in accordance with 
the provision of the approved AML program and procedures.'' This 
subsection has been revised as follows: ``Ensure that the reclamation 
project is conducted in accordance with the provisions of the AML 
program and procedures as approved by the U.S. Secretary Of Interior 
under 30 CFR Subchapter R.''

III. Public Comment Procedures

    According to the provisions of 30 CFR 732.17(h), we are seeking 
comments on whether the proposed amendment satisfies the applicable 
program approval criteria of 30 CFR 732.15. Specifically, we are 
seeking comments on the clarification to the State's amendment 
submitted on July 9, 1999. Comments should address whether the proposed 
amendment with these clarifications satisfies the applicable program 
approval criteria of 30 CFR 732.15. If we determine the amendment to be 
adequate, it will become part of the Ohio program.

Written Comments

    Your written comments should be specific, pertain only to the 
issues proposed in this rulemaking, and include explanations in support 
of your 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 exempt 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 SMCR 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. 611 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 Part 935

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: July 27, 1999.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 99-20273 Filed 8-5-99; 8:45 am]
BILLING CODE 4310-05-M