[Federal Register Volume 60, Number 9 (Friday, January 13, 1995)]
[Proposed Rules]
[Pages 3184-3185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-972]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 935
Ohio Permanent Regulatory Program; Evaluation of Revegetation
Success
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 for revised
amendments to the Ohio permanent regulatory program (hereinafter
referred to as the Ohio program) under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA). Ohio has submitted additional proposed
changes to its guidelines for evaluating revegetation success. These
guidelines describe the sampling methods and standards which Ohio
proposes to use to evaluate revegetation success prior to bond release
on areas with different postmining land uses. The amendments are
intended to make the Ohio program as effective as the corresponding
Federal regulations.
This document sets forth the times and locations that the Ohio
program and proposed amendments to that program will be available for
public inspection, the comment period during which interested persons
may submit written comments on the proposed amendments, and the
procedures that will be followed regarding the public hearing, if one
is requested.
DATES: Written comments must be received on or before 4:00 p.m. on
February 13, 1995. If requested, a public hearing on the proposed
amendments will be held at 1:00 p.m. on February 7, 1995. Requests to
present oral testimony at the hearing must be received on or before
4:00 p.m. on January 30, 1995.
ADDRESSES: Written comments and requests to testify at the hearing
should be mailed or hand-delivered to Mr. Robert H. Mooney, Acting
Director, Columbus Field Office, at the address listed below. Copies of
the Ohio program, the proposed amendments, 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,
free of charge, one copy of the proposed amendments by contacting OSM's
Columbus Field Office.
Office of Surface Mining Reclamation and Enforcement, Columbus Field
Office, 4480 Refugee Road, Suite 201, Columbus, Ohio 43232, Telephone:
(614) 866-0578
Ohio Department of Natural Resources, Division of Reclamation, 1855
Fountain Square Court, Building H-3, Columbus, Ohio 43224, Telephone:
(614) 265-6675
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.
FOR FURTHER INFORMATION CONTACT:
Mr. Robert H. Mooney, Acting Director, Columbus Field Office, (614)
866-0578.
SUPPLEMENTARY INFORMATION:
I. Background
On August 16, 1982, the Secretary of the Interior conditionally
approved the Ohio program. Information on the general background of the
Ohio program submission, including the Secretary's findings, the
disposition of comments, and a detailed explanation of the conditions
of approval of the Ohio program, can be found in the August 10, 1992,
Federal Register (47 FR 34688). Subsequent actions concerning the
conditions of approval and program amendments are identified at 30 CFR
935.11, 935.12, 935.15, and 935.16.
II. Discussion of the Proposed Amendments
On October 21, 1993 (Administrative Record No. OH-1944), the Ohio
Department of Natural Resources, Division of Reclamation (Ohio)
submitted a final combined version of two previous program amendments,
Program Amendments Number 25R and 56R (PA 25R and PA 56R). In this
combined submission, Ohio proposed to revise parts of the Ohio
Administrative Code (OAC) pertaining to land use and revegetation
success standards. Ohio also submitted ``Guidelines for Evaluating
Revegetation Success'' establishing the sampling procedures for
measuring vegetative ground cover, forage yield, and tree shrub
stocking.
On May 2, 1994 (59 FR 22517), the Acting Assistant Director of OSM
announced his decision approving combined PA 25R and 56R with certain
exceptions. In that decision, the Assistant Director required Ohio to
submit a proposed amendment to modify its ``Guidelines for Evaluating
Revegetation Success'' to require the species diversity, erosion
control, and other applicable requirements of OAC 1501:13-9-15(B) and
(C) be evaluated at the time of final bond release. The Assistant
Director also required that Ohio revise the formula for determining the
sample size for evaluating tree and shrub success.
By letter dated July 19, 1994 (Ohio Administrative Record OH-2032),
Ohio resubmitted revised ``Guidelines for Evaluating Revegetation
Success'' which were intended to address the Assistant Director's
requirements in his May 2, 1994, decision on PA 25R and 56R. OSM
announced its receipt of proposed PA 25R and 56R in the Federal
Register (59 FR 38577) on July 29, 1994. The public comment period
ended on August 29, 1994. The public hearing scheduled for August 23,
1994, was not [[Page 3185]] held because no one requested an
opportunity to testify.
By letter dated October 21, 1994, (Administrative Record No. OH-
2066), OSM provided its questions and comments to Ohio on the July 19,
1994, submission of Ohio's ``Guidelines for Evaluating Revegetation
Success.'' By letter dated December 20, 1994 (Ohio Administrative
Record OH-2075), Ohio resubmitted revised guidelines which are intended
to address the questions and comments in OSM's October 21, 1994 letter.
Ohio's new proposed changes to its guidelines are described briefly
below:
(1) Ohio is adding text to require that inspectors verify that the
vegetation is successfully stabilizing the soil surface from erosion
when inspectors evaluate areas for final bond release.
(2) Ohio is revising the guidelines to require a minimum of 100
samples to evaluate ground cover.
(3) Ohio is correcting errors in the statistical formulas for
sampling adequacy and crop productivity.
(4) Ohio is deleting references in the guidelines to
``subsamples.''
(5) Ohio is revising the guidelines to exclude the first year's
yields from consideration in meeting prime farmland crop productivity.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is now
seeking comment on whether the amendments proposed by Ohio satisfy the
applicable program approval criteria of 30 CFR 732.15. If the
amendments are deemed adequate, they 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 Columbus Field Office
will not necessarily be considered in the final rulemaking or included
in the Administrative Record.
Public Hearing
Persons wishing to comment at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m. on
January 30, 1995. If no one requests an opportunity to comment at a
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 comment have been heard. Persons in the audience
who have not been scheduled to comment and who wish to do so will be
heard following those scheduled. The hearing will end after all persons
scheduled to comment and persons present in the audience who wish to
comment have been heard.
Public Meeting
If only one person requests an opportunity to comment 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
amendments may request a meeting at the Columbus Field Office by
contacting the person listed under ``FOR FURTHER INFORMATION CONTACT.''
All such meetings shall be open to the public and, if possible, notices
of the meetings will be posted at the locations listed under ADDRESSES.
A written summary of each public meeting will be made a part of the
Administrative Record.
IV. Procedural Determinations
Executive Order No. 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 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 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 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
which require approval by the Office of Management and Budget 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 submittal which is the subject of this rule is based upon
corresponding 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. Hence, 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 in the analyses for the corresponding Federal regulations.
List of Subjects in 30 CFR Part 935
Intergovernmental relations, Surface mining, Underground mining.
Dated: January 9, 1995.
Richard J. Seibel,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 95-972 Filed 1-12-95; 8:45 am]
BILLING CODE 4310-05-M
