[Federal Register Volume 62, Number 138 (Friday, July 18, 1997)]
[Proposed Rules]
[Pages 38509-38510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19000]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 935
[OH-241-FOR, #74]
Ohio Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; reopening of comment period.
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SUMMARY: OSM is reopening the public comment period on a proposed
amendment 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 proposed amendment consists of
revisions to section 150:13-6-03 of the Ohio Administrative Code (OAC)
dealing with the Small Operator Assistance Program (SOAP). The
amendment is intended to revise the Ohio program to be consistent with
the corresponding Federal regulations.
DATES: Written comments must be received by 4:00 p.m., [E.D.T.] August
4, 1997.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to George Rieger, Field Branch Chief, at
the address listed below.
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 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.
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 conditions of
approval and program amendments can be found at 30 CFR 935.11, 935.15,
and 935.16.
II. Description of the Proposed Amendment
By letter dated October 3, 1996, (Administrative Record No. OH-
2170-00) Ohio submitted a proposed amendment to its program regarding
its SOAP pursuant to SMCRA. Ohio submitted the proposed amendment at
its own initiative. OSM announced receipt of the proposed amendment in
the October 18, 1996, Federal Register (61 FR 54373) and in the same
document opened the public comment period and provided an opportunity
for a public hearing on the adequacy of the proposed amendment. The
public comment period closed on November
[[Page 38510]]
18, 1996. (At the time of announcement, the proposed amendment was
identified as [OH-240; Amendment Number 74]. Please note that the
amendment is now identified as [OH-241; Amendment Number 74].) However,
there was no requirement that historical information be collected, as
well as certain cross-reference contained in the proposed amendments
were incorrect or inadvertently omitted in that notice. These were
conveyed to Ohio in a document dated April 14, 1997, Administrative
Record No. OH-2170-07. Also, Ohio had already corrected some of the
cross-reference errors and submitted corrections to its proposed
amendments in a facsimile document dated April 1, 1997. It agreed to
make additional corrections in a letter dated May 27, 1997. On June 24,
1997, Ohio submitted its revisions in response to the April 14, 1997
document. (Administrative Record Nos. OH-2170-06, OH-2170-08, and OH-
2170-09 respectively). Therefore, OSM is reopening the public comment
period only on the following proposed amendments:
OAC 1501:13-6-03 Small Operator Assistance Program
1. OAC 1501:13-6-03(D)(10)--The cited cross-reference regarding the
scale of topographic maps is revised from OAC 1501:13-9-04 to OAC
1501:13-4-09.
2. OAC 1501:13-6-03(F)(2)(c)--The cited cross-reference are revised
to ORC 1513.07(B)(2)(n)(i), OAC 1501:13-4-04(J), (J)(18) through
(J)(26) and OAC 1501:13-4-13(J), (J)(18) through (J)(26).
3. OAC 1501:13-6-03(F)(2)(d)--The cited cross-reference are revised
to include OAC 1501:13-4-05(K) and 1501:13-4 14(J) in addition to those
already referenced, i.e. 1513.07(B)(2)(m), OAC 1501:13-4-04(A) and
1501:13-4-13(A).
4. OAC 1501:13-6-03(A)(1)(D) and OAC 1501:13-6-03(F)(2)(d) are
revised to include the words ``and historical'' after the opening
phrase ``The collection of archaeological''.
5. OAC 1501:13-6-03(A)(1)(C) and OAC 1501:13-6-03(F)(2)(C)--The
cross-references in the statement ``The development of cross-section
maps and plans required under (B)(2) of section 1513. of the Revised
Code.'' are revised to (B)(2)(n)(i) of section 1513.07.
6. OAC 1501:13-6-03(A)(1)(D) and OAC 1501:13-6-03(F)(2)(D)--The
cross-references in the statement ``The collection of archaeological
information required under division (B)(2) of section 1513. of the
Revised Code. . . .'' are revised to (B)(2)(m) of section 1513.07 of
the Revised Code.
7. OAC 1501:13-6-03(D)(9) is the same as (D)(12), therefore (D)(9)
has been deleted.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is
seeking comments on whether the proposed amendment satisfies the
applicable program approval criteria of 30 CFR 732.15. Specifically,
OSM is seeking comments on the revisions to the State's regulations
that were submitted on June 24, 1997 (Administrative Record No. OH-
2170-09), with the corrections and additions as noted above. Comments
should address 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 Appalachian Regional
Coordinating Center will not necessarily be considered in the final
rulemaking or included in 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 2 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
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
List of Subjects in 30 CFR Part 935
Intergovernmental relations, Surface mining, Underground mining.
Dated: July 10, 1997.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 97-19000 Filed 7-17-97; 8:45 am]
BILLING CODE 4310-05-M
