[Federal Register Volume 59, Number 203 (Friday, October 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26153]
[[Page Unknown]]
[Federal Register: October 21, 1994]
VOL. 59, NO. 203
Friday, October 21, 1994
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 935
Ohio Permanent Regulatory Program; Revision of Administrative
Rules
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: OSM is announcing the receipt of proposed Program Amendment
Number 69 to the Ohio permanent regulatory program (hereinafter
referred to as the Ohio program) under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA). The amendment was initiated by Ohio
and is intended to make the Ohio program as effective as the
corresponding Federal regulations concerning the filing of financial
interest statements, appeal procedures for remedial actions regarding
prohibited financial interests, and the submittal of yield data with
requests for bond release on areas reclaimed to pasture or grazing
land.
DATES: Written comments must be received on or before 4:00 p.m.,
E.D.T., on November 21, 1994. If requested, a public hearing on the
proposed amendment will be held on November 15, 1994. Requests to speak
at the hearing must be received by 4:00 p.m., E.D.T., on November 7,
1994.
ADDRESSES: Written comments and requests to testify at the hearing
should be mailed or hand-delivered to Robert H. Mooney, Acting
Director, Columbus Field Office, at the address listed below.
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. Copies of the Ohio program, the proposed
amendment, a listing of any scheduled public hearings, 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 one free copy of the proposed amendment by contacting OSM's
Columbus Field Office.
Robert H. Mooney, Acting Director, Columbus Field Office, Office of
Surface Mining Reclamation and Enforcement, 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.
FOR FURTHER INFORMATION CONTACT:
Robert H. Mooney, Acting Director, Columbus Field Office, (614) 866-
0578.
SUPPLEMENTARY INFORMATION:
I. Background on the Ohio Program
On August 16, 1982, the Secretary of the Interior conditionally
approved the Ohio program. Background information on the Ohio program,
including the Secretary's findings, the disposition of comments, and
the conditions of approval 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. Description of the Proposed Amendment
The Ohio Department of Natural Resources, Division of Reclamation
(Ohio), submitted proposed Program Amendment Number 69 by letter dated
September 22,1 994 (Administrative Record No. OH-2059). In this
amendment, Ohio proposes to revise two rules at Ohio Administrative
Code (OAC) sections 1501:13-1-03 and 13-7-05 to make the Ohio program
as effective as the corresponding Federal regulations concerning
financial interest statements and yield data for pasture or grazing
land. The substantive rule revisions proposed by Ohio in this amendment
are briefly described below.
A. Financial Interest Statements (OAC section 1501:13-1-03)
1. Definition of ``Employee''
Ohio is revising paragraph (D)(2) to provide that members of the
Ohio Board on Unreclaimed Strip Mined Lands are included under this
definition. Members of the Ohio Reclamation Board of Review and the
board's hearing officers are not included under this definition.
2. Hearing Officers of the Ohio Reclamation Board of Review
Ohio is revising paragraphs (F)(1), (G)(1), and (H) to require that
hearing officers of the Ohio Reclamation Board of Review must also file
annual financial interest statements.
3. Standard Form for Annual Financial Interest Statements
Ohio is revising paragraph (I)(1) to specify that employees shall
use Form OSM-23 to file their annual financial interest statements.
4. Appeal of Remedial Actions
Ohio is revising paragraph (L)(1) to specify that nothing in OAC
section 1501:13-1-03 modifies any right of appeal that any employee may
have under State law of a decision by the Chief of the Division of
Reclamation, Ohio Department of Natural Resources, on an employee's
appeal of remedial action for prohibited financial interests. Ohio is
also revising paragraphs (L) (2) and (3) to provide that members of the
Ohio Reclamation Board of Review and the board's hearing officers may
request advisory opinions from the Director of the Office of Surface
Mining Reclamation and Enforcement on issues pertaining to an apparent
prohibited financial interest.
B. Yield Data for Pasture or Grazing Land (OAC section 1501:13-7-05)
1. Ohio is adding the requirement in paragraph (A)(2)(c)(ii) that
requests for approval of phase III reclamation on acreage reclaimed as
pasture or grazing land (as well as acreage reclaimed to cropland or
prime farmland must include yield data.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is now
seeking comment on whether the proposed amendment satisfies the
applicable program approval criteria of 30 CFR 732.15. If the amendment
is deemed adequate, it 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 speak at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., E.D.T.,
on November 7, 1994. The location and time of the hearing will be
arranged with those persons requesting the hearing. 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 speak have been heard. Persons in the audience who
have not been scheduled to speak and who wish to do so will be heard
following those who have been scheduled. The hearing will end after all
persons scheduled to speak and persons present in the audience who wish
to speak 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
amendment may request a meeting by contacting the person listed under
FOR FURTHER INFORMATION CONTACT. All such meeting shall be open to the
public and, if possible, notices of 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 (Court 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 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. 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 in the analyses for the corresponding Federal regulations.
List of Subjects in 30 CFR Part 935
Intergovernmental relations, Surface mining, Underground mining.
Dated: October 12, 1994.
Ronald C. Recker,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-26153 Filed 10-20-94; 8:45 am]
BILLING CODE 4310-05-M
