[Federal Register Volume 64, Number 25 (Monday, February 8, 1999)]
[Proposed Rules]
[Pages 6005-6006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2899]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 935
[OH-244-FOR]
Ohio Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
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SUMMARY: OSM is announcing receipt of 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
1513-3-21 of the Ohio Administrative Code (OAC) as it relates to awards
of costs and expenses, including attorney's fees, arising in connection
with appeals heard by the Reclamation Commission. The amendment is
intended to revise the Ohio program to be consistent with its statute
at Ohio Revised Code (ORC) Sec. 1513.13(E) as well as the corresponding
Federal regulations.
DATES: If you submit written comments, they must be received by 4:00
p.m., [E.D.T.] March 10, 1999. If requested, a public hearing on the
proposed amendment will be held on March 5, 1999. Requests to speak at
the hearing must be received by 4:00 p.m., on February 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,
a listing of any scheduled public hearings, 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: grieger@osmre.gov.
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 January 21, 1999 (Administrative Record No.OH-2177-
00) Ohio submitted proposed amendments to its program concerning award
of costs and fees in connection with appeals heard by the Reclamation
Commission. Ohio submitted the proposed amendments at its own
initiative. The changes proposed by Ohio in the amendment are discussed
briefly below:
OAC 1513-3-21 Award of costs and expenses.
(a) Paragraphs (A) and (B) are amended by changing the reference
from the ``board of review'' to the ``Reclamation Commission'' and
specifically requiring that a petition for costs and expenses including
attorney's fees be submitted in accordance with Section 1513.13(E) and
(E)(1)(c) of the ORC.
(b) New paragraph (C) is added to specify that a decision by the
Chief of the Division of Mines and Reclamation granting or denying in
whole or in part a request for an award of costs and expenses including
attorney's fees made under Section 1513.13(E)(1)(a) or 1513.13(E)(1)(b)
of the ORC shall be appealable to the commission under Section
1513.13(A) of the ORC.
(c) Existing Paragraph (C) pertaining to the contents of a petition
is re-numbered as (D) and further amended by including the specific
references to the ORC included in (a) and (b) above.
(d) Existing Paragraphs (D),(E) and (F) are re-numbered as (E),
(F), and (G) and are further amended by changing the references from
the board to the Reclamation Commission.
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. 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.
Public Hearing
If you wish to speak at the public hearing, you should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
[E.D.T.] on February 23, 1999. The location and time of the hearing
will be arranged with those persons requesting the hearing. If no one
requests an opportunity to speak at the public hearing, the hearing
will not be held.
Filing 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 also allow us 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.
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.
[[Page 6006]]
Public Meeting
If only one person requests an opportunity to speak 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 meetings will 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 meeting
will be made a part of the Administrative Record.
IV. Procedural Determinations
Executive Order 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 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 SMCRA 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. 601 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 935
Intergovernmental relations, Surface mining, Underground mining.
Dated: January 29, 1999.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 99-2899 Filed 2-5-99; 8:45 am]
BILLING CODE 4310-05-P
