[Federal Register Volume 59, Number 150 (Friday, August 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19147]
[[Page Unknown]]
[Federal Register: August 5, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 935
Ohio Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; reopening of public comment period.
-----------------------------------------------------------------------
SUMMARY: OSM is reopening the public comment period for proposed
Program Amendment Number 65 Revised (PA 65R) to the Ohio permanent
regulatory program (hereinafter referred to as the Ohio program) under
the Surface Mining Control and Reclamation Act of 1977. The amendment
was initiated by Ohio and is intended to make the Ohio program as
effective as the corresponding Federal regulations. The amendment
concerns the availability of Ohio's permit, inspection, and enforcement
records to the public.
DATES: Written comments must be received by 4:00 p.m., E.D.T., on
August 22, 1994.
ADDRESSES: Written comments should be mailed or hand-delivered to
Richard J. Seibel, 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:
Richard J. Seibel, Director, Columbus Field Office, (614) 866-0578.
SUPPLEMENTARY INFORMATION:
I. Background
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, 1992, Federal
Register (47 FR 34688). Subsequent actions concerning the conditions of
approval and program amendments can be found 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 65 (PA 65) by
letter dated February 23, 1994 (Administrative Record No. OH-1990). In
this amendment, Ohio proposed to revise two rules in the Ohio
Administrative Code (OAC) to correct outdated rule references and to
adopt language similar to corresponding Federal regulations concerning
the availability of documents for public review.
OSM announced its receipt of proposed PA 65 in the Federal Register
on March 10, 1994 (59 FR 11227). The public comment period ended on
April 11, 1994. The public hearing scheduled for April 4, 1994, was not
held because no one requested an opportunity to speak.
By letter dated June 17, 1994 (Administrative Record No. OH-2029),
OSM provided its comments to Ohio on the February 23, 1994, submission
of PA 65. By letter dated July 20, 1994 (Administrative Record No. OH-
2033), Ohio resubmitted Program Amendment Number 65 Revised (PA 65R)
which is intended to resolve the requirements in OSM's June 17, 1994,
letter. The new revisions proposed by Ohio in PA 65R are summarized
briefly below:
1. Ohio is revising OAC section 1501:13-1-10 paragraphs (B)(2) and
(B)(2)(b) to clarify that the provisions for availability of records
shall apply to both existing and proposed mining operations.
2. Ohio is revising its draft of the public notice document to
clarify that public comments on applicable permitting, inspection,
enforcement, and regulatory documents shall also be available for
public inspection and copying. Ohio is also listing in the public
notice the Ohio counties which are under the jurisdiction of each of
its five coal-regulatory district offices.
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. 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.
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 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (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 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 whether this rule would have a significant
economic impact, the Department relied upon the data and assumptions in
the analysis for the corresponding Federal regulations.
List of Subjects in 30 CFR Part 935
Intergovernmental regulations, Surface mining, Underground mining.
Dated: August 1, 1994.
Patricia P. Acker,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-19147 Filed 8-4-94; 8:45 am]
BILLING CODE 4310-05-M
