[Federal Register Volume 59, Number 14 (Friday, January 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1419]
[[Page Unknown]]
[Federal Register: January 21, 1994]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 935
Ohio Permanent Regulatory and AML Programs; Reduction and
Reorganization of Staff
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 proposed
Program Amendment Number 63 (PA 63) to the Ohio permanent regulatory
program and AML program (hereinafter referred to as the Ohio programs)
under the Surface Mining Control and Reclamation Act of 1977. This
amendment was initiated by Ohio and is intended to reduce and
reorganize the staffing of the Ohio programs in response to recent
drops in Ohio coal production. Ohio has submitted additional
Administrative Record information in response to questions and comments
raised by OSM concerning the initial submission of PA 63.
This document sets forth the times and locations that the Ohio
programs and proposed amendment to that program will be available for
public inspection, the comment period during which interested persons
may submit written comments on the proposed amendment, 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 p.m. on
February 7, 1994. If requested, a public hearing on the proposed
amendments will be held at 1 p.m. on January 31, 1994. Requests to
present oral testimony at the hearing must be received on or before 4
p.m. on January 28, 1994. 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.
ADDRESSES: Written comments and requests to testify at the hearing
should be mailed or hand-delivered to Mr. Richard J. Seibel, Director,
Columbus Field Office, at the address listed below.
Copies of the Ohio programs, 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
requestor 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, 2246 South Hamilton Road, 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.
FOR FURTHER INFORMATION CONTACT:
Mr. Richard J. Seibel, Director, Columbus Field Office, (614) 866-0578.
SUPPLEMENTARY INFORMATION
I. Background
On August 16, 1982, the Secretary of the Interior conditionally
approved the Ohio programs. Information on the general background of
the Ohio program submissions, including the Secretary's findings, the
disposition of comments, and a detailed explanation of the conditions
of approval of the Ohio programs, can be found in the August 10, 1982,
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
By letter dated March 15, 1993 (Administrative Record No. OH-1845),
the Ohio Department of Natural Resources, Division of Reclamation
(Ohio) submitted proposed Program Amendment Number 63 (PA 63). In that
submission, Ohio proposed to reduce the staff of the Ohio programs by
abolishing 28 existing positions. Ohio also proposed to reorganize the
remaining staff positions to assume the existing job duties.
PA 63 included seven attachments intended to describe Ohio's
proposal for the staffing reduction and reorganization and to provide
the rationale for those actions. The amendment contained no proposed
revisions to Ohio's coal mining law in the Ohio Revised Code or coal
mining rules in the Ohio Administrative Code.
OSM briefly summarized the seven attachments to PA 63 in the notice
of receipt of the proposed amendment which OSM published in the Federal
Register (58 FR 18185) on April 8, 1993. The public comment period
ended on May 10, 1993. The public hearing scheduled for May 3, 1993,
was not held because no one requested an opportunity to testify.
By letter dated November 2, 1993 (Administrative Record No. OH-
1948), OSM provided its questions and comments to Ohio on the March 15,
1993, submission of PA 63. OSM's questions and comments were listed
under the following six headings: Streamlining of AML Designs;
Engineering--Bond Forfeitures; Engineering--Inspection and Enforcement
Issues; Position Descriptions; Bond Forfeiture Program; and SOAP
Program.
By letter dated December 6, 1993 (Administrative Record No. OH-
1971), Ohio provided its responses to OSM's November 2, 1993, questions
and comments. In addition, Ohio included three attachments. The first
attachment was a November 5, 1993, letter to OSM explaining
organizational responsibilities within Ohio's engineering/geotechnical
support group and AML program. The second attachment was a log of
engineering inspection and enforcement activity. The third attachment
was an example of the revised position description for Ohio's
reclamation inspectors, dated April 5, 1993. In its December 6, 1993,
Administrative Record information, Ohio noted that additional position
descriptions for Ohio's engineering management staff were being revised
but did not attach copies.
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
programs.
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 p.m. on
January 28, 1994. 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 Columbia Field Office by
contacting the person listed under FOR FURTHER INFORMATION CONTACE. 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.
List of Subjects in 30 CFR Part 935
Intergovernmental relations, Surface mining, Underground mining.
Dated: January 12, 1994.
Ronald C. Recker,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-1419 Filed 1-19-94; 4:15 pm]
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