[Federal Register Volume 85, Number 37 (Tuesday, February 25, 2020)]
[Proposed Rules]
[Pages 10636-10638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03752]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 935

[SATS No. OH-261-FOR; Docket ID: OSM-2019-0007; S1D1S SS08011000 
SX064A000 20S180110 S2D2S SS08011000 SX064A000 20XS501520]


Ohio Regulatory Program

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

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

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement, 
are announcing receipt of a proposed amendment to the Ohio 
(hereinafter, the Ohio program) regulatory program under the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Ohio's 
proposed amendment is prompted by requirements within the Ohio statute 
that all agencies must review their administrative rules every five 
years. Consistent with this requirement, the Ohio Reclamation 
Commission, (the Commission), proposes an amendment to its procedural 
rules in order to ensure an orderly, efficient, and effective appeals 
process.
    This document gives the times and locations that the Ohio program 
and this proposed amendment to that program are available for your 
inspection, the comment period during which you may submit written 
comments on the amendment, and the procedures that we will follow for 
the public hearing, if one is requested.

DATES: We will accept written comments on this amendment until 4:00 
p.m., Eastern Standard Time (e.s.t.), March 26, 2020. If requested, we 
will hold a public hearing on the amendment on March 23, 2020. We will 
accept requests to speak at a hearing until 4:00 p.m., e.s.t. on March 
11, 2020.

ADDRESSES: You may submit comments, identified by SATS No. OH-258-FOR, 
by any of the following methods:
     Mail/Hand Delivery: Mr. Ben Owens, Field Office Director, 
Pittsburgh Field Office, Office of Surface Mining Reclamation and 
Enforcement, 3 Parkway Center, Pittsburgh, PA 15220.
     Fax: (412) 937-2177.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. For detailed instructions on 
submitting comments and additional information on the rulemaking 
process, see the ``Public Comment Procedures'' heading of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to review copies of the Ohio 
program, this amendment, a listing of any scheduled public hearings, 
and all written comments received in response to this document, you 
must go to the address listed below during normal business hours, 
Monday through Friday, excluding holidays. You may receive one free 
copy of the amendment by contacting OSMRE's Pittsburgh Field Office or 
the full text of the program amendment is available for you to read at 
www.regulations.gov.
    Mr. Ben Owens, Field Office Director, Pittsburgh Field Office, 
Office of Surface Mining Reclamation and Enforcement, 3 Parkway Center, 
Pittsburgh, PA 15220, Telephone: (412) 937-2827, Email: 
[email protected].
    In addition, you may review a copy of the amendment during regular 
business hours at the following location:
    Mr. Dave Crow, Acting Chief, Ohio Department of Natural Resources, 
Division of Mineral Resources Management, 2045 Morse Road, Building H2, 
Telephone: (614) 265-1020, Email: [email protected].

FOR FURTHER INFORMATION CONTACT: Mr. Ben Owens, Field Office Director, 
Pittsburgh Field Office, 3 Parkway Center, Pittsburgh, Pa. 15220. 
Telephone: (412) 937-2827, Email: [email protected].

SUPPLEMENTARY INFORMATION:
I. Background on the Ohio Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

I. Background on the Ohio Program

    Section 503(a) of the Act permits a state to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-
Federal

[[Page 10637]]

and non-Indian lands within its borders by demonstrating that its 
approved, State program includes, among other things, state laws and 
regulations that govern surface coal mining and reclamation operations 
in accordance with the Act and consistent with the Federal regulations. 
See 30 U.S.C. 1253(a)(1) and (7). On the basis of these criteria, the 
Secretary of the Interior conditionally approved the Ohio program on 
August 16, 1982. You can find background information on the Ohio 
program, including the Secretary's findings, the disposition of 
comments, and conditions of approval of the Ohio program in the August 
10, 1982, Federal Register (47 FR 34717). You can also find later 
actions concerning the Ohio program and program amendments at 30 CFR 
935.10, State Regulatory Program Approval; and 935.11, Conditions of 
State Regulatory Program Approval; and 935.15, Approval of Ohio 
Regulatory Program Amendments.

II. Description of the Proposed Amendment

    By letter dated June 13, 2018 (Administrative Record No. OH-2197-
01), Ohio sent us an amendment to its program under SMCRA (30 U.S.C. 
1201 et seq.) The Commission is an adjudicatory board established 
pursuant to Ohio Revised Code (ORC) section 1513.05. The function of 
the Commission is to provide an administrative appeal to any person 
claiming to be aggrieved or adversely affected by a decision of the 
Ohio Department of Natural Resources, Chief of the Division of Mineral 
Resources Management (DMRM), relating to mining and reclamation issues. 
Following an adjudicatory hearing, the Commission affirms, vacates, or 
modifies the DMRM Chief's decision. The Commission is comprised of 
eight members appointed by the Governor of Ohio. Four Commission 
members constitute a quorum and seven members must be present for any 
appeal. Members represent a variety of interests relevant to mining and 
reclamation issues. The Commission adopts rules to govern its 
procedures. These rules are found at Ohio Administrative Code (OAC) 
sections 1513-3-01 through 1513-3-22. As discussed above, all Ohio 
agencies must review applicable administrative rules every five years 
pursuant to ORC section 119.032. Therefore, the Commission conducted a 
review of its procedural rules in 2018. During this review, the 
Commission recommended several modifications to its rules, most of 
which are viewed as non-substantive. The Commission intended these 
modifications to ensure an orderly, efficient, and effective appeal 
process. The proposed changes are the subject of this proposed 
amendment and are discussed herein in the order as they are found in 
the proposed, modified OAC.

1. Ohio Revised Code Section 1513-3-01: Definitions

    Ohio proposes changes to clarify existing definitions and to 
provide additional definitions. Specifically, the following definitions 
are added: ``Amicus curiae'' means a ``friend of the court.'' The 
participation of a non-party amicus curiae is addressed under paragraph 
(F) of rule 1513-3-07 of the Administrative Code; ``Ex parte 
communication'' means a communication between the commission and one 
party to an appeal, without the inclusion of other parties to the 
appeal. Ex parte contacts and communications are addressed, and 
prohibited, under paragraph (G) of rule 1513-3-03 of the Administrative 
Code; ``In camera'' means in private rather than in open hearing. In 
camera procedures are addressed under paragraph (C) of rule 1513-3-16 
of the Administrative Code.; ``Pro hac vice'' means ``for one 
particular case,'' and addresses the ability of an out-of state 
attorney to appear in an appeal before the commission pursuant to 
paragraphs (A) and (C) of rule 1513-3-03 of the Administrative Code; 
``Subpoena ad testificandum'' means a subpoena for the appearance and 
testimony of a witness; and is addressed under paragraph (I) of rule 
1513-3-02 of the Administrative Code; ``Subpoena duces tecum'' means a 
subpoena requiring a witness to produce documents or other items at 
hearing and is addressed under paragraph (I) of rule 1513-3-02 of the 
Admininstrative Code. The definition of ``discovery'' is proposed to be 
modified to remove the word ``made''. The definition of ``Regular 
business hours'' added as defined in section 124.19 of the Revised 
Code. The remaining modifications are renumbering to facilitate the 
addition of new terms.

2. Minor Amendments are Proposed to the Following

    Minor changes and non-substantive are proposed to the following 
sections: 1513-3-02 Internal Regulations; 1513-3-04 Appeals to the 
Reclamation Commission; 1513-3-05 Filing and Service of Papers; 1513-3-
06 Computation and Extension of Time; 1513-3-11 Motions 1513-3-14; Site 
Views and Location of Hearings; 1513-3-16 Conduct of Evidentiary 
Hearings; and 1513-3-22 Appeals from Commission Decisions.
    The full text of the program amendment is available for you to read 
at the locations listed above under ADDRESSES or at 
www.regulations.gov.

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking your 
comments on whether the amendment satisfies the applicable program 
approval criteria of 30 CFR 732.15. If we approve the amendment, it 
will become part of the State program.

Electric or Written Comments

    If you submit written or electronic comments on the proposed rule 
during the 30-day comment period, they should be specific, confined to 
issues pertinent to the proposed regulations, and explain the reason 
for any recommended change(s). We appreciate any and all comments, but 
those most useful and likely to influence decisions on the final 
regulations will be those that either involve personal experience or 
include citations to and analyses of SMCRA, its legislative history, 
its implementing regulations, case law, other pertinent State or 
Federal laws or regulations, technical literature, or other relevant 
publications.
    We cannot ensure that comments received after the close of the 
comment period (see DATES) or sent to an address other than those 
listed (see ADDRESSES) will be included in the docket for this 
rulemaking and considered.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment including your personal identifying 
information, may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., e.s.t. on 
March 11, 2020. If you are disabled and need reasonable accommodations 
to attend a public hearing, contact the person listed under FOR FURTHER 
INFORMATION CONTACT. We will arrange the location and time of the 
hearing with those persons requesting the hearing. If no one requests 
an opportunity to speak, we will not hold a hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible,

[[Page 10638]]

that each person who speaks at the public hearing provide us with a 
written copy of his or her comments. The public hearing will continue 
on the specified date until everyone scheduled to speak has been given 
an opportunity to be heard. If you are in the audience and have not 
been scheduled to speak and wish to do so, you will be allowed to speak 
after those who have been scheduled. We will end the hearing after 
everyone scheduled to speak, and others present in the audience who 
wish to speak, have been heard.

Public Meeting

    If only one person requests an opportunity to speak, we may hold a 
public meeting rather than a public hearing. If you wish to meet with 
us to discuss the amendment, please request a meeting by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings 
are open to the public and, if possible, we will post notices of 
meetings at the locations listed under ADDRESSES. We will make a 
written summary of each meeting a part of the administrative record.

IV. Procedural Determinations

Executive Order 12866--Regulatory Planning and Review and Executive 
Order 13563--Improving Regulation and Regulatory Review

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs in the Office of Management and Budget (OMB) will 
review all significant rules. Pursuant to OMB guidance, dated October 
12, 1993, the approval of State program amendments is exempted from OMB 
review under Executive Order 12866. Executive Order 13563, which 
reaffirms and supplements Executive Order 12866, retains this 
exemption.

Other Laws and Executive Orders Affecting Rulemaking

    When a State submits a program amendment to OSMRE for review, our 
regulations at 30 CFR 732.17(h) require us to publish a notice in the 
Federal Register indicating receipt of the proposed amendment, its text 
or a summary of its terms, and an opportunity for public comment. We 
conclude our review of the proposed amendment after the close of the 
public comment period and determine whether the amendment should be 
approved, approved in part, or not approved. At that time, we will also 
make the determinations and certifications required by the various laws 
and executive orders governing the rulemaking process and include them 
in the final rule.

List of Subjects in 30 CFR Part 935

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: December 18, 2019.
Thomas D. Shope,
Regional Director, North Atlantic--Appalachian Region.
[FR Doc. 2020-03752 Filed 2-24-20; 8:45 am]
 BILLING CODE 4310-05-P