[Federal Register Volume 60, Number 92 (Friday, May 12, 1995)]
[Proposed Rules]
[Pages 25660-25661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11781]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 935
[OH-233; Amendment Number 69R]
Ohio Regulatory Program; Revision of Administrative Rules
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; reopening and extension of public comment
period.
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SUMMARY: OSM is reopening the public comment period for a revised
amendment to the Ohio regulatory program (hereinafter referred to as
the Ohio program) under the Surface Mining Control and Reclamation Act
of 1977. This revised amendment was initiated by Ohio and is intended
to make the Ohio program as effective as the corresponding Federal
regulations concerning appeal procedures for remedial actions regarding
prohibited financial interests.
This document sets forth the times and locations that the Ohio
program and the 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 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., E.D.T.
on May 30, 1995. If requested, a public hearing on the proposed
amendments will be held at 1:00 p.m., E.D.T. on May 22, 1995. Requests
to speak at the hearing must be received on or before 4:00 p.m., E.D.T.
on May 19, 1995.
ADDRESSES: Written comments and requests to speak 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 amendment, 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.
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.
FOR FURTHER INFORMATION CONTACT: Mr. 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. 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 program, can be found in the August 10, 1982,
Federal Register (47 FR 34688). Subsequent actions concerning the
conditions approval and program amendments are identified at 30 CFR
935.11, 935.12, 935.15, and 935.16.
II. Proposed Amendment
The Ohio Department of Natural Resources, Division of Reclamation
(Ohio) submitted proposed Program Amendment Number 69 by letter dated
September 22, 1994 (Administrative Record No. OH-2059). In this
amendment, Ohio proposed to revise two rules at Ohio Administrative
Code (OAC) sections 1501:13-1-03 and 13-7- [[Page 25661]] 05 to make
the Ohio program as effective as the corresponding Federal regulations
concerning financial interest statements, appeal procedures for
remedial actions regarding prohibited financial interests, and yield
data for pasture or grazing land.
OSM announced receipt of PA 69 in the October 21, 1994, Federal
Register (59 FR 53122), and, in the same document, opened the public
comment period and providing an opportunity for a public hearing on the
adequacy of the proposed amendment. The public comment period closed on
November 21, 1994.
OSM and Ohio staff met on February 6, 1995, to discuss OSM's
questions and concerns about PA 69 (Administrative Record No. OH-2098).
In response to OSM's February 6, 1995, questions and comments, Ohio
providing Revised Program Amendment Number 69 (PA 69R) by letter dated
March 8, 1995 (Administrative Record No. OH-2099). In PA 69R, Ohio
proposed further revisions to one rule at OAC section 1501:13-1-03
concerning the inclusion of hearing officers of the Ohio Reclamation
Board of Review under that rule's definition of ``employee.''
OSM announced receipt of PA 69R in the March 17, 1995, Federal
Register (60 FR 14401), and, in the same document, opened the public
comment period and providing an opportunity for a public hearing on the
adequacy of the proposed amendment. The public comment period closed on
April 3, 1995.
On April 19, 1995 (Administrative Record No. OH-2114), OSM notified
Ohio that OSM had made an error in its February 6, 1995, questions and
comments on PA 69 and had omitted one necessary change to OAC 1501:13-
1-03 paragraph (L)(1). By letter dated May 3, 1995 (Administrative
Record No. OH-2115), Ohio submitted further revisions to this one rule
paragraph to delete a separate reference to the Reclamation Board of
Review's hearing officers because Ohio is now proposing that those
hearing officers be included under the definition of ``employee'' in
this rule.
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.,
E.D.T. on May 19, 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.
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.
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.
List of Subjects in 30 CFR Part 935
Intergovernment relations, Surface mining, Underground mining.
Dated: May 5, 1995.
Ronald C. Recker,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 95-11781 Filed 5-11-95; 8:45 am]
BILLING CODE 4310-05-M
