[Federal Register Volume 64, Number 151 (Friday, August 6, 1999)]
[Proposed Rules]
[Pages 42887-42888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20273]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 935
[OH-264-FOR]
Ohio Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; reopening of public comment period.
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SUMMARY: OSM is reopening the public comment period on 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 1501:13-1-04 of the Ohio Administrative
Code (OAC) as it relates to exemptions for coal extraction incidental
to government-financed highway or other construction. The amendment is
intended to revise the Ohio program to include counterparts to the
recently promulgated ``AML Enhancement Rule,'' which revised the
Federal regulations as 30 CFR 707.5 and added a new provision, at 30
CFR 874.17.
DATES: Written comments must be received by 4:00 p.m., [E.S.T.], August
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,
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 March 16, 1999 (Administrative Record No. OH-2178-
00) Ohio submitted a proposed amendment to its program concerning
exemptions for coal extraction incidental to government-financed
highway or other construction. Ohio submitted the proposed amendment at
its own initiative, in order to incorporate into its program the
expanded exemption recently promulgated in the Federal regulations at
30 CFR 707.5, as part of the ``AML Enhancement Rule.'' Under this rule,
approved Title IV abandoned mine land (AML) projects under SMCRA which
involve incidental coal extraction and are less than 50 percent
government financed may qualify for exemption. Projects which qualify
for this expanded exemption must also meet the newly promulgated
requirements contained in 30 CFR 874.17. (64 FR 7470, February 12,
1999). The proposed amendment was announced in the April 16, 1999,
Federal Register (64 FR 18857). The initial comment period closed on
May 17, 1999.
By letter dated July 9, 1999 (Administrative Record No. OH-2178-06)
Ohio submitted a revised and final version of the proposed amendment.
Ohio made this more recent submittal in
[[Page 42888]]
response to an OSM, July 1, 1999, issue letter (Administrative Record
No. OH-2178-05). In the letter, OSM had requested that the amendment
clearly restrict exemptions to projects that are AML eligible; and
clearly require that the exempted reclamation project is conducted in
accordance with the provisions of 30 CFR Subchapter R. The following
are changes to OAC Section 1501:13-1-04 made in the final submission
and not previously described in the April 16, 1999, Federal Register
notice. Revisions concerning nonsubstantive wording, format, or
organizational changes will not be described in this notice.
The last sentence of Subsection (A)(3) in the original amendment
read as follows: ``Funding at less than 50 percent may qualify if the
construction is undertaken as an approved reclamation project under
Section 1513.30 or 1513.37 of the revised code.'' This sentence has
been revised as follows: ``Funding at less than 50 percent may qualify
if the project is eligible under 1513.37 of the revised code and the
construction is undertaken as an approved reclamation project under
Section 1513.30 or 1513.37 of the Revised Code.''
Subsection (C)(4)(ii) in the original amendment read as follows:
``Ensure that the reclamation project is conducted in accordance with
the provision of the approved AML program and procedures.'' This
subsection has been revised as follows: ``Ensure that the reclamation
project is conducted in accordance with the provisions of the AML
program and procedures as approved by the U.S. Secretary Of Interior
under 30 CFR Subchapter R.''
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. Specifically, we are
seeking comments on the clarification to the State's amendment
submitted on July 9, 1999. Comments should address whether the proposed
amendment with these clarifications 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.
IV. Procedural Determinations
Executive Order 12866
This rule is exempt 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 SMCR 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. 611 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 Part 935
Intergovernmental relations, Surface mining, Underground mining.
Dated: July 27, 1999.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 99-20273 Filed 8-5-99; 8:45 am]
BILLING CODE 4310-05-M
