[Federal Register Volume 64, Number 70 (Tuesday, April 13, 1999)]
[Rules and Regulations]
[Pages 17980-17982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9198]
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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: Final rule; approval of amendment.
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SUMMARY: OSM is approving 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) Section 1513.13(E) as well as the corresponding
Federal regulations.
EFFECTIVE DATE: April 13, 1999.
FOR FURTHER INFORMATION CONTACT: 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. Internet: grieger@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Ohio Program
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations
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. Submission 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. We announced receipt of the proposed amendment
in the February 8, 1999, Federal Register (64 FR 6005), invited public
comment, and provided an opportunity for a public hearing on the
adequacy of the proposed amendment. The public comment period closed on
March 10, 1999.
III. Director's Findings
Following, according to SMCRA and the Federal regulations at 30 CFR
732.15 and 732.17, are our findings concerning the proposed amendment.
Any revisions that we do not specifically discuss below concern
nonsubstantive wording changes or revised cross-references and
paragraph notations to reflect organizational changes that result from
this amendment.
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'', by
changing the scope of the paragraph from proceedings ``under Chapter
1513 of the Revised Code'' to ``proceedings before 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). New paragraphs (F) and (G) are further amended by
changing the scope of the paragraphs from proceedings ``under Chapter
1513 of the Revised Code'' to proceedings ``before the Reclamation
Commission.''
The changes described above revise the OAC to correspond with
provisions previously approved in the ORC at Section 1513.13 entitled,
Appeal of Violation, Order or Decision to Reclamation Commission. The
Director finds that the proposed revisions to the OAC included in this
amendment render these provisions consistent with ORC Section
1513.13(E) pertaining to costs and expenses, including attorneys fees,
arising from proceedings before the Chief of the Ohio Division of Mines
and Reclamation and before the Reclamation Commission. In addition, the
revisions do not render OAC Section 1513-3-21 inconsistent with section
525(e) of SMCRA or with the Federal regulations at 43 CFR 4.1294.
IV. Summary and Disposition of Comments
Public Comments
The Director solicited public comments and provided an opportunity
[[Page 17981]]
for a public hearing on the proposed amendment. Because no one
requested an opportunity to speak at a public hearing, no hearing was
held. No comments were received.
Federal Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited
comments on the proposed amendment from various Federal agencies with
an actual or potential interest in the Ohio program. The Department of
the Army, Army Corps of Engineers, concurred without comment
(Administrative Record No. OH-2177-02). No other comments were
received.
Environmental Protection Agency (EPA)
Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the
written concurrence of the EPA with respect to those provisions of the
proposed program amendment that relate to air or water quality
standards promulgated under the authority of the Clean Water Act (33
U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).
None of the revisions Ohio proposed to make in its amendment
pertains to air or water quality standards. Nevertheless, OSM requested
EPA's comments on the proposed amendment. EPA did not respond to OSM's
request.
V. Director's Decision
Based on the above findings, the Director approves the proposed
amendment as submitted by Ohio on January 21, 1999.
VI. 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: March 31, 1999.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
For the reasons set out in the preamble, Title 30, Chapter VII,
Subchapter T of the Code of Federal Regulations is amended as set forth
below:
PART 935--OHIO
1. The authority citation for Part 935 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 935.15 is amended in the table by adding a new entry in
chronological order by ``Date of Final Publication'' to read as
follows:
Sec. 935.15 Approval of Ohio regulatory program amendments.
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Original amendment submission date Date of final publication Citation/description
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January 21, 1999................... April 13, 1999.......................... OAC 1513-3-21.
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[FR Doc. 99-9198 Filed 4-12-99; 8:45 am]
BILLING CODE 4310-05-P
