[Federal Register Volume 61, Number 122 (Monday, June 24, 1996)]
[Proposed Rules]
[Pages 32382-32383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16008]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 935
[OH-238-FOR, #72]
Ohio Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
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SUMMARY: OSM is announcing receipt of a proposed amendment to the Ohio
regulatory program (hereinafter the ``Ohio program'') under the Surface
Mining Control and Reclamation Act of 1977 (SMCRA). The proposed
amendment consists of changes to provisions of the Ohio rules
pertaining to underground mining. 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.], July
24, 1996. If requested, a public hearing on the proposed amendment will
be held on July 19, 1996. Requests to speak at the hearing must be
received by 4:00 p.m., [E.D.t.], on July 9, 1996.
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 43224, Telephone: (614) 265-1076
FOR FURTHER INFORMATION CONTACT:
George Rieger, Field Branch Chief, 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 (42 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
By letter dated May 23, 1996, (Administrative Record No. OH-2166-
00) Ohio submitted a proposed amendment to its program pursuant to
SMCRA at its own initiative. The provisions of the Ohio Administrative
Code (OAC) that Ohio proposes to amend are: OAC 1501:13-4-12(G)(3)(d)
and 4 (f) and (i)--Requirements for Special Categories of Mining, OAC
1501:13-9-08 (A) & (B)--Protection of Underground Mining, and OAC
1501:13-13-01--Concurrent Surface and Underground Mining.
Specifically, Ohio proposes to make the following revisions. At OAC
1501:13-4-12(G)(3)(d) and (4) (f) and (i), Ohio proposed to delete the
reference to OAC 1501:13-13-01, which is being rescinded, and replace
it with a reference to OAC 1501:13-9-08--Protection of Underground
Mining. At OAC 1501:13-9-08(A), Ohio proposes to require that Mine
Safety and Health Administration concurrence is required only if
surface mining operations are to be conducted within 500 feet of active
underground coal mines. The reference to the Chief of the Ohio Division
of Mines is changed to the Mine Safety Administrator. Subsection (B)
which requires that surface mining operations be designed to protect
disturbed surface areas so as not to endanger any present or future
coal mining operations is deleted. Ohio proposes to delete OAC 1501:13-
13-01 which addresses performance standards for concurrent surface and
underground mining. This section duplicates language in OAC 1501:13-4-
12(G) and 13-9-08.
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 be 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.
Public Hearing
Persons wishing to speak at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m,
[E.D.T.] on July 9, 1996. The location and time of the hearing will be
arranged with those persons requesting the hearing. If no none requests
an opportunity to speak at the 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 speak have been heard. Persons in the audience who
have not been scheduled to speak, and who wish to do so, will be heard
following those who have been scheduled. The hearing
[[Page 32383]]
will end after all persons scheduled to speak and persons present in
the audience who wish to speak 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 speak 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
amendment may request a meeting by contacting the person listed under
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the
public and, if possible, notices of meetings will be posted at the
locations listed under ADDRESSES. A written summary of each meeting
will be made a part of 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 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 government entity or the private sector.
List of Subjects in 30 CFR Part 935
Intergovernmental relations, Surface mining, Underground mining.
Dated: June 12, 1996.
Claude L. Downing,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 96-16008 Filed 6-21-96; 8:45 am]
BILLING CODE 4310-05-M