Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Rules and Regulations 72947 

remaining foreign and domestic 

laboratories prior to the implementation 

of the Consumer Product Safety 

Improvement Act.) CSPC staff visited 

the following laboratories: 

(1) Underwriters Laboratories (UL), in 

Northbrook, IL; 

(2) Stork Twin City Testing 

Corporation, in St. Paul, MN; 

(3) Govmark Organization, in 

Farmingdale, NY; 

(4) SGS US Testing, in Tulsa, OK; 

(5) Southwest Research Institute, in 

San Antonio, TX; 

(6) Intertek, in Elmendorf, TX; and 

(7) Chilworth, in Kelso, WA. 

CPSC staff has confidence that these 

laboratories can conduct the tests 

required by the mattress Standard 

properly because of these field visits 

and also on the basis of our review of 

test results submitted to the CPSC since 

2007, and, in some instances, 

verification of the test results by our 

own independent testing of mattresses 

built from prototypes tested by these 

laboratories. Therefore, we will accept 

children’s product certifications based 

on third party conformity assessment 

body testing by any of the seven 

laboratories listed above provided that: 

• The laboratory will be ISO/IEC 

17025 accredited by an accreditation 

body that is a signatory to the ILAC– 

MRA, and the accreditation scope will 

expressly include testing to 16 CFR part 

1632 and/or 1633 by November 16, 

2010; 

• Testing was conducted on or after 

July 1, 2007, but not later than 

November 16, 2010; and 

• The test results show compliance 

with the applicable current standards 

and/or regulations. 

C. The Request for an Extended 

Compliance Period 

Both the ISPA and the Springs 

Creative Products Group sought an 

additional one year for manufacturers to 

comply with the third party testing 

requirement. Both referred to costs and 

to the cigarettes to be used in the tests. 

We decline to extend the time by 

which manufacturers must engage in 

third party testing. We believe that our 

revised position regarding our ‘‘Limited 

Acceptance of Children’s Product 

Certifications Based on Third Party 

Conformity Assessment Body Testing 

Prior to the Commission’s Acceptance of 

Accreditation’’ substantially reduces or 

eliminates the need to retest products. 

More importantly, however, we note 

that section 14(a)(3)(F) of the CPSA 

expressly declares that: 

If the Commission determines that an 

insufficient number of third party conformity 

assessment bodies have been accredited to 

permit certification for a children’s product 

safety rule * * * the Commission may 

extend the deadline for certification to such 

rule by not more than 60 days. 

Thus, the conditions set forth in section 

14(a)(3)(F) of the CPSA have not been 

met. We do not have information 

suggesting that there are an insufficient 

number of third party conformity 

assessment bodies to conduct tests 

pursuant to 16 CFR parts 1632 and/or 

1633. While we recognize that third 

party testing may present economic 

issues for certain manufacturers as 

described in the ISPA submissions and 

subsequent meetings, section 14(a)(3)(F) 

of the CPSA does not authorize us to 

consider cost or the past or present state 

of the national economy as reasons for 

extending the deadline for certification. 

Additionally, the statute specifically 

allows for extension ‘‘not more than 60 

days’’; therefore, the one-year extension 

sought by the ISPA and Springs Creative 

Product Group would not be possible 

under section 14(a)(3)(F) of the CPSA. 

Dated: November 19, 2010. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2010–29861 Filed 11–26–10; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 935 

[OH–253–FOR; Docket ID OSM–2009–0001] 

Ohio Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement (OSM), 

Interior. 

ACTION: Final rule; approval of 

amendment. 

SUMMARY: We are approving an 

amendment to the Ohio regulatory 

program (the ‘‘Ohio program’’) 

regulations under the Surface Mining 

Control and Reclamation Act of 1977 

(SMCRA or the Act). The amendment 

that we are approving involves changes 

to Ohio’s internal and procedural rules 

arising from a five-year review of the 

rules. The changes relate to practice and 

procedures before the reclamation 

commission, including definitions, 

commission meetings, appearance and 

practice before the commission; appeals 

to the reclamation commission; filing 

and service of papers; temporary relief; 

responsive pleadings; discovery; 

motions; pre-hearing procedures; notice 

of hearings and continuance of hearings; 

site views and location of hearings; 

conduct of evidentiary hearings; reports 

and recommendations of the hearing 

officer; and decisions of the 

commission. 

DATES: Effective Date: This rule is 

effective November 29, 2010. 

FOR FURTHER INFORMATION CONTACT: 

George Rieger, Chief, Pittsburgh Field 

Division, Columbus Office, Office of 

Surface Mining Reclamation and 

Enforcement, Telephone: (614) 416– 

2238, e-mail: grieger@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Ohio Program 

II. Description and Submission of the 

Amendment 

III. OSM’s Findings 

IV. Summary and Disposition of Comments 

V. OSM’s Decision 

VI. Procedural Determinations 

I. Background on the Ohio Program 

Section 503(a) of the Act permits a 

State to assume primacy for the 

regulation of surface coal mining and 

reclamation operations on non-Federal 

and non-Indian lands within its borders 

by demonstrating that its State program 

includes, among other things, ‘‘a State 

law which provides for the regulation of 

surface coal mining and reclamation 

operations in accordance with the 

requirements of the Act * * *; and 

rules and regulations consistent with 

regulations issued by the Secretary 

pursuant to the Act.’’ See 30 U.S.C. 

1253(a)(1) and (7). 

You can find background information 

on the Ohio program, including the 

Secretary’s findings, the disposition of 

comments, and conditions of approval 

in the August 16, 1982, Federal Register 

(47 FR 34688). You can also find later 

actions concerning Ohio’s program and 

program amendments at 30 CFR 935.11, 

935.12, 935.15, and 935.16. 

II. Description and Submission of the 

Amendment 

By letter dated January 22, 2009, and 

received on January 23, 2009, 

(Administrative Record No. OH–2188– 

01), Ohio sent us an amendment to its 

program under SMCRA (30 U.S.C. 1201 

et seq.). This amendment includes 

revisions to its regulations (Ohio 

Administrative Code). 

Pursuant to Ohio Revised Code 

119.032, all State agencies must review 

their internal and procedural rules every 

five years. In response to this 

requirement, the Ohio Reclamation 

Commission reviewed its procedural 

rules. The Commission’s procedural 

rules are found at Ohio Administrative 

Code 1513–3–01 through 1513–3–22. 

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72948 Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Rules and Regulations 

This amendment contains the changes 

made to the Ohio Administrative Code 

as a result of this review. Changes relate 

to practice and procedures before the 

reclamation commission, including 

definitions; commission meetings; 

appearance and practice before the 

commission; appeals to the reclamation 

commission; filing and service of 

papers; temporary relief; responsive 

pleadings; discovery; motions; prehearing procedures; notice of hearings 

and continuance of hearings; site views 

and location of hearings; conduct of 

evidentiary hearings; reports and 

recommendations of the hearing officer; 

and decisions of the commission. These 

changes are identified below, with 

additions italicized and deletions 

bracketed: 

1513–3–01: Definitions. 

(N) ‘‘Regular business hours’’ for the 

reclamation commission means 10:00 

a.m. to 6:00 p.m. Monday through 

Friday, except for State holidays or 

other days in which offices of the 

government of the State of Ohio are 

permitted to close due to weather, safety 

or other unforeseeable events which 

present a risk to the public or to the 

commission employees. In the event of 

the absence of the office staff, contact 

information for the chairman and vicechairman of the commission will be 

prominently posted at the commission 

offices. 

[(N)](O) ‘‘Rules of the reclamation 

commission’’ means rules 1513–3–01 to 

1513–3–22 of the Administrative code 

and shall apply to appeals filed under 

both Chapters 1513 and 1514. of the 

Revised code, unless specifically 

provided otherwise. 

1513–3–02: Internal regulations. 

(B) Four members constitute a 

quorum, and no action of the 

commission shall be valid unless it has 

the concurrence of at least four 

members. Where, in rendering a 

decision, a concurrence of at least four 

commission members is not obtained, 

the existing record of proceedings may 

be submitted to any absent commission 

member, who will be permitted to 

participate in the rendering of the 

decision. [at a subsequent commission 

meeting.] 

1513–3–02: Internal regulations. 

(D) Pursuant to section 1513.05 of the 

Revised code, the reclamation 

commission shall elect [may appoint] a 

secretary, who shall perform such duties 

as the commission prescribes, 

including: 

1513–3–02: Internal regulations. 

(D)(4) Providing notice of all public 

meetings [hearings] of the reclamation 

commission in accordance with the 

following procedures: 

(a) Any person may determine the 

time and place of regularly-scheduled 

public meetings [hearings or the time 

and place of any temporary relief 

hearings] by contacting the office of the 

reclamation commission during regular 

business hours; 

(b) Upon request, any person may 

obtain advance notice of all regularlyscheduled public meetings [hearings] by 

supplying the office of the reclamation 

commission with stamped, selfaddressed envelopes. The office will 

mail to such person a notice of the time 

and place of meetings [hearings] at least 

four calendar days before the meeting 

[hearing] is scheduled; [unless the 

hearing is a temporary relief hearing;] 

(c) The reclamation commission shall 

provide the office of the reclamation 

commission with the time and place of 

meetings [hearings] requiring public 

notice under the provisions of this rule 

within sufficient time to enable the 

office to comply with the provisions of 

this rule. 

(d) The time and location for 

commission meetings shall be 

announced in the Hannah Report 

published by Rotunda, Inc. 

1513–3–02: Internal regulations. 

(H) Any [The] transcript [or recording] 

of a [any] proceeding before the 

commission, if filed with the 

commission [shall be the property of the 

commission and] shall be made 

available for reproduction upon 

application to the commission and 

payment of reproduction costs. 

(I) Issuance of subpoenas. 

(1) Upon request of a party, or at the 

initiative of the commission, the 

commission shall issue subpoenas ad 

testificandum or duces tecum. 

1513–3–03: Appearance and practice 

before the commission. 

(C) Except as prohibited by section 

4705.01 of the Revised code, any party 

may appear on his own behalf or may 

be represented by an attorney at law 

admitted to practice before the Supreme 

Court of Ohio, or by an attorney 

admitted to practice by the commission 

pursuant to a motion to appear pro hac 

vice. [In the absence of an attorney, a 

party may represent itself, a partnership 

may be represented by any of its 

members, a corporation or association 

may be represented by any of its officers 

and any governmental unit may be 

represented by an employee offering 

proof of authority.] 

1513–3–04: Appeals to the 

reclamation commission. 

(B) A notice of appeal must: 

(7) Pursuant to section 1513.13 of the 

Revised Code, identify [Identify] the 

grounds upon which review is being 

sought, the manner in which appellant 

is aggrieved or adversely affected by the 

action of the chief of the division of 

mineral resources management and the 

relief sought on appeal; 

1513–3–05: Filing and service of 

papers. 

(H) If papers filed with the 

commission cite case law as authority in 

support of argument, the filing must 

include a copy of the case law cited and 

must refer to the page number or 

paragraph on which the relevant 

language is found. 

1513–3–08: Temporary Relief. 

(F) The decision of the chairman of 

the reclamation commission to grant or 

deny temporary relief may be appealed 

to the [full] commission, including the 

chairman who decided temporary relief, 

within thirty days after the chairman’s 

issuance of the decision in accordance 

with the provisions of section 1513.13 

of the Revised Code. The [full]- 

commission may confine its review to 

the record developed at the temporary 

relief hearing conducted by the 

chairman. The [full] commission shall 

affirm the decision of the chairman, 

unless it determines that the chairman’s 

decision is arbitrary, capricious, or 

otherwise inconsistent with law. 

1513–3–09: Responsive pleadings. 

(B) Unless the commission orders 

otherwise, the party ordered to file a 

response pursuant to this rule shall 

have ten days from the issuance of the 

commission’s order to make such filing. 

[(B](C) Failure to respond when 

ordered may be treated as a failure to 

appear at hearing. 

1513–3–10: Discovery. 

(C) Discovery shall be conducted in 

accordance with the procedural 

provisions of the ‘‘Ohio Rules of Civil 

Procedure.’’ Discovery may include oral 

depositions, written interrogatories to 

parties, inspection of premises, requests 

for admission, and inspection of 

documents. [not privileged.] 

1513–3–11: Motions. 

(A) Except for oral motions which 

must be made in proceedings on the 

record, or where the commission 

otherwise directs, any motion made to 

the reclamation commission shall: 

(4) Be filed with the commission and 

served upon all parties to the 

proceeding at least ten [five] days in 

advance of the hearing, unless the 

movant demonstrates that unusual 

circumstances exist justifying an 

exception to this rule. 

1513–3–11: Motions. 

(C) Motions for reconsideration of any 

decision of the commission shall be 

made in writing within ten [fourteen] 

days after the issuance of the 

commission’s decision. A motion for 

reconsideration shall state with 

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particularity the grounds on which it is 

based. The filing of a motion for 

reconsideration does not extend the 

time for filing a notice of appeal in the 

appellate court. 

1513–3–11: Motions. 

(E) In compliance with the 

requirements of 1513–3–13(C)(2), 

motions for continuance of a hearing 

must be filed with the reclamation 

commission and served upon all parties 

to a proceeding at least fourteen days in 

advance of a hearing. 

[(E)](F) Unless the commission orders 

otherwise, any party to a proceeding 

shall have ten days from service of the 

motion or until hearing, whichever is 

earlier, to file a response to a motion. 

[(F)](G) Failure to make a timely 

motion or to file a statement in response 

to a motion may be construed as a 

waiver of objection. 

1513–3–12: Pre-hearing procedures. 

(A) The reclamation commission, or 

its hearing officer, may schedule and 

hold pre-hearing conferences for 

settlement or simplification of the issues 

in any appeal. 

(B) Whenever a pre-hearing 

conference is held, the commission, or 

its hearing officer, may issue an order 

which recites the matters discussed, the 

agreements reached, and the rulings 

made at the pre-hearing conference. 

(C) The commission, or its hearing 

officer, may require the filing of a prehearing statement by the parties to an 

appeal. 

1513–3–13: Notice of hearings and 

continuance of hearings. 

(C) Continuance of scheduled 

hearings. 

(2) Motions for continuance of a 

hearing must be filed with the 

reclamation commission and served 

upon all parties to a proceeding at least 

fourteen [five] days in advance of a 

hearing. 

(3) Motions for continuance made less 

than fourteen [five] days before hearing 

or at hearing shall be granted only upon 

demonstration that an extraordinary 

situation exists which could not have 

been anticipated and which would 

justify the granting of a continuance. 

1513–3–14: Site views and location of 

hearings. 

(A) Site views. 

(2) Subject to any applicable safety 

requirements, the [The] commission 

may, upon reasonable notice and at 

reasonable times, inspect any site or 

other premises when the commission is 

of the opinion that such a viewing 

would have a beneficial value in any 

matter pending before the commission. 

(3) [Unless the right to a site view is 

statutorily prescribed, a] A quorum of 

commission members need not attend a 

site view. 

(4) All parties shall have prior notice 

of a site view and shall have the right 

to be present. Parties shall be informed 

of any safety requirements prior to the 

site view. The commission may limit the 

number of persons, which may 

accompany a party at a site view. 

1513–3–16: Conduct of evidentiary 

hearings. 

(E) Written testimony. 

(2) The use of a deposition in lieu of 

the [dependent’s] deponent’s oral 

testimony at hearing shall be allowed 

under the same provisions as are 

articulated in rule 32 of the ‘‘Ohio Rules 

of Civil Procedure.’’ A party desiring to 

use a deposition, or any designated part 

thereof, at hearing shall file the 

deposition with the commission and 

serve written notice to every other party 

at least five days prior to hearing. 

(F) Witnesses. 

(2) The commission may require each 

party in an appeal to identify prior to 

the commencement of a hearing each 

person who is or may be present and 

[in] his interest or who will or may be 

a witness for his cause in the appeal. 

(G) If the appellant fails to appear 

personally or by counsel or other 

authorized representative at a hearing 

scheduled after being duly notified of 

the hearing by the mailing of a notice of 

hearing to such party’s last known 

address, and if good cause for such 

failure to appear [appeal] is not shown, 

the commission shall dismiss the 

appeal. 

(I) The reclamation commission may 

order the parties to a proceeding to 

submit post-hearing briefs or proposed 

findings of fact and conclusions of law 

at a time designated by the commission, 

on issues raised on the appeal or upon 

possible errors or omissions in the 

record or on any issues as the 

commission in its discretion shall 

determine. The commission may also 

order the parties to submit written 

closing arguments or proposed findings 

of fact and conclusions of law at the 

conclusion of hearing. 

1513–3–18: Reports and 

recommendations of the hearing officer. 

(F) Any party to a proceeding may 

have [seven] fourteen days from service 

of the objections to the report and 

recommendation of the hearing officer 

to file a response. 

1513–3–19: Decisions of the 

commission. 

(A) All decisions of the commission 

shall [incorporate] set forth: 

(1) Findings of fact; 

(2) Conclusions of law; and 

(3) An order granting or denying 

relief. 

1513–3–19: Decisions of the 

commission. 

(F) Remission of prepaid civil penalty 

assessments. 

(1) If a review of a civil penalty 

assessment results in an order reducing 

or eliminating a civil penalty, the 

reclamation commission shall remit the 

funds to the appellant in accordance 

with division [(F)](E) of section 1513.02 

of the Revised Code. 

III. OSM’s Findings 

We are approving the amendment 

request under SMCRA and the Federal 

regulations at 30 CFR 732.15 and 

732.17. Changes for which no findings 

are made below involve clarifications 

and non-substantive corrections of 

punctuation, typos, and errors in 

references. 

1513–3–01: Definitions. These 

changes involve the addition of a 

description of regular business hours for 

the reclamation commission and 

subsequent paragraph renumbering. 

While this provision has no Federal 

counterpart, we find that it is not 

inconsistent with the Federal 

regulations at 43 CFR part 4, pertaining 

to the Office of Hearings and Appeals, 

and is therefore approved. 

1513–3–02: Internal regulations. The 

changes to 1513–3–02(B) and (D) pertain 

to the Commission’s procedural rules 

regarding quorums and the election of 

the secretary. While these provisions 

have no Federal counterpart, we find 

that they are not inconsistent with the 

Federal regulations at 43 CFR part 4, 

and are therefore approved. 

1513–3–02: Internal regulations. The 

changes to 1513–3–02(D)(4) pertain to 

the notice of public meetings of the 

reclamation commission. These section 

changes replace references to public 

‘‘hearings’’ to public ‘‘meetings’’ to reflect 

the same language that is included 

under Ohio’s Sunshine Law. They 

clarify that a person may obtain advance 

notice of ‘‘regularly’’ scheduled public 

meetings, and provide the medium in 

which the time and location of such 

meetings are made available. Ohio 

explained that adjudicatory ‘‘hearings’’ 

are a subset of the term ‘‘meetings’’ 

(Administrative Record No. OH–2188– 

05). While these provisions have no 

Federal counterpart, we find that they 

are not inconsistent with the Federal 

regulations at 43 CFR part 4, and are 

therefore approved. 

1513–3–02: Internal regulations. The 

change to 1513–3–02(H) regarding the 

availability of transcripts of commission 

proceedings is consistent with 43 CFR 

4.23, Transcript of hearings, and is 

therefore approved. 

1513–3–02: Internal regulations. The 

change to 1513–3–02(I) regarding the 

issuance of subpoenas is consistent with 

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72950 Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Rules and Regulations 

43 CFR 4.26, Subpoena power and 

witness provisions generally, and is 

therefore approved. 

1513–3–03: Appearance and practice 

before the commission. The changes to 

1513–3–03(C) regarding representation 

when appearing before the commission 

are not inconsistent with 43 CFR 4.3, 

Representation before appeals boards, 

and are therefore approved. 

1513–3–04: Appeals to the 

reclamation commission. The changes 

to 1513–3–04(B)(7) involve referencing 

pertinent regulations of the Revised 

Code and clarifying who may appeal. 

These changes are consistent with 43 

CFR 4.1281, Who may appeal, and 43 

CFR 4.1282, Appeals; how taken, and 

are therefore approved. 

1513–3–05: Filing and service of 

papers. The change to 1513–3–05(H) 

involves the documentation required for 

a filing of an appeal. This change is not 

inconsistent with 43 CFR 4.1107, Filing 

of documents, and is therefore 

approved. 

1513–3–08: Temporary Relief. The 

change to 1513–3–08(F) provides that 

the chairman who decided temporary 

relief will be involved in the final 

decision of the full commission with 

respect to an appeal of the temporary 

relief ruling. This change is not 

inconsistent with 43 CFR 4.1267, 

Appeals (of decisions on temporary 

relief) and 4.1367(f), Request for 

temporary relief, and is therefore 

approved. 

1513–3–09: Responsive pleadings. 

The change to 1513–3–09(B) adds a time 

frame for responding to the commission. 

While this provision has no direct 

Federal counterpart, we find that it is 

not inconsistent with the Federal 

regulations at 43 CFR part 4, and is 

therefore approved. 

1513–3–10: Discovery. The change to 

1513–3–10(C) deletes the phrase ‘‘not 

privileged.’’ Read by itself, this 

amendment could be construed to allow 

discovery of privileged information, 

without the permission of the person or 

agency in possession of the information. 

However, existing language also states 

that ‘‘[d]iscovery shall be conducted in 

accordance with the procedural 

provisions of the ‘Ohio Rules of Civil 

Procedure.’’’ Rule 26 of Ohio’s Rules of 

Civil Procedure provides ‘‘[p]arties may 

obtain discovery regarding any matter, 

not privileged, which is relevant to the 

subject matter involved in the pending 

action. Therefore, the change proposed 

here is non-substantive, does not render 

the State provision inconsistent with 43 

CFR 4.1130 and 4.1132(a), and is 

approved. 

1513–3–11: Motions. The changes to 

1513–3–11(A)(4); 1513–3–11(C) and (E) 

amend the deadlines for filing responses 

to written motions, for filing motions for 

reconsideration, and for filing motions 

for continuance before the reclamation 

commission. Other changes in this 

section involve paragraph renumbering. 

While these amended time limitations 

have no direct Federal counterparts, we 

find that they are not inconsistent with 

43 CFR 4.22(d) and 43 CFR 4.1112, and 

they are therefore approved. 

1513–3–12: Pre-hearing procedures. 

The changes to 1513–3–12(A) through 

(C) provide that a hearings officer may 

schedule and hold pre-hearing 

conferences, issue orders involving such 

conferences, and require filing of prehearing statements. Under the current 

program, only the full reclamation 

commission may take these actions. 

While these changes have no Federal 

counterparts, we find that they are not 

inconsistent with 43 CFR 4.1121(b), and 

are therefore approved. 

1513–3–13: Notice of hearings and 

continuance of hearings. Changes to 

1513–3–13(C) require that motions be 

filed at least fourteen days prior to the 

hearing. Motions for continuance made 

after this deadline will be granted only 

upon a demonstration of a need based 

upon an extraordinary situation. Under 

the current regulation, such a motion 

could be filed as late as five days prior 

to the hearing and granted without a 

demonstration that an extraordinary 

situation exists. While this provision 

has no Federal counterpart, we find that 

it is not inconsistent with the Federal 

regulations at 43 CFR part 4, and is 

therefore approved. 

1513–3–14: Site views and location of 

hearings. The changes to 1513–3–14(A) 

involving site inspections require that 

safety requirements be met; clarify that 

a quorum of commission members need 

not attend a site view; and add that the 

commission may limit the number of 

individuals that may accompany a party 

to a site view. While these provisions 

have no Federal counterpart, we find 

that they are not inconsistent with the 

Federal regulations at 43 CFR part 4, 

and are therefore approved. 

1513–3–16: Conduct of evidentiary 

hearings. The change to 1513–16(I) 

allows the commission to order the 

parties to file proposed findings of fact 

and conclusions of law at the 

conclusion of a hearing. We find that 

this change is consistent with 43 CFR 

4.1126, Proposed findings of fact and 

conclusions of law, and is therefore 

approved. 

1513–3–18: Reports and 

recommendations of the hearing officer. 

The change to 1513–3–18(F) increases 

the time in which a party may file a 

response to objections to a hearing 

officer’s report and recommendations 

from seven to fourteen days. While this 

provision has no Federal counterpart, 

we find that it is not inconsistent with 

the Federal regulations at 43 CFR part 

4, and is therefore approved. 

IV. Summary and Disposition of 

Comments 

Public Comments 

We asked for public comments on the 

amendment (Administrative Record No. 

OH–2188–04) 74 FR 17802. We did not 

receive any public comments or a 

request to hold a public meeting. 

Federal Agency Comments 

Under Federal regulations at 30 CFR 

732.17(h)(11)(i) and section 503(b) of 

SMCRA, we requested comments on the 

amendment from various Federal 

agencies with an actual or potential 

interest in the Ohio program 

(Administrative Record No. OH–2188– 

02). The Mine Safety and Health 

Administration (MSHA), District 1, 

responded (Administrative Record No. 

OH–2188–03) that it did not find any 

changes or issues that would impact 

upon coal miners’ health and safety. 

Environmental Protection Agency (EPA) 

Concurrence and Comments 

Under Federal regulations at 30 CFR 

732.17(h)(11)(ii), we are required to get 

a written concurrence from EPA for 

those provisions of the program 

amendment that relate to air or water 

quality standards issued under the 

authority of the Clean Water Act (33 

U.S.C. 1251 et seq.) or the Clean Air Act 

(42 U.S.C. 7401 et seq.). 

None of the revisions that Ohio 

proposed to make in this amendment 

pertain to air or water quality standards. 

Therefore, we did not ask EPA to concur 

on the amendment. 

V. OSM’s Decision 

Based on the above findings, we 

approve the amendment Ohio sent to us 

on January 22, 2009, pertaining to 

Ohio’s Administrative code. 

VI. Procedural Determinations 

Executive Order 12630—Takings 

This rule does not have takings 

implications. This determination is 

based on the analysis performed for the 

counterpart Federal regulations. 

Executive Order 12866—Regulatory 

Planning and Review 

This rule is exempted from review by 

the Office of Management and Budget 

under Executive Order 12866. 

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Executive Order 12988—Civil Justice 

Reform 

The Department of the Interior has 

conducted the reviews required by 

Section 3 of Executive Order 12988 and 

has determined that, to the extent 

allowable 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 

because each 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 

the Federal regulations at 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. 

Executive Order 13132—Federalism 

This rule does not have Federalism 

implications. SMCRA delineates the 

roles of the Federal and State 

governments with regard to the 

regulation of surface coal mining and 

reclamation operations. One of the 

purposes of SMCRA is to ‘‘establish a 

nationwide program to protect society 

and the environment from the adverse 

effects of surface coal mining 

operations.’’ Section 503(a)(1) of SMCRA 

requires that State laws regulating 

surface coal mining and reclamation 

operations be ‘‘in accordance with’’ the 

requirements of SMCRA, and Section 

503(a)(7) requires that State programs 

contain rules and regulations 

‘‘consistent with’’ regulations issued by 

the Secretary pursuant to SMCRA. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Government 

In accordance with Executive Order 

13175, we have evaluated the potential 

effects of this rule on Federallyrecognized Indian Tribes and have 

determined that the rule does not have 

substantial direct effects on one or more 

Indian Tribes, on the relationship 

between the Federal Government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian Tribes. 

The basis for this determination is that 

our decision is on a State regulatory 

program and does not involve a Federal 

program involving Indian lands. 

Executive Order 13211—Regulations 

That Significantly Affect The Supply, 

Distribution, or Use of Energy 

On May 18, 2001, the President issued 

Executive Order 13211 which requires 

agencies to prepare a Statement of 

Energy Effects for a rule that is (1) 

considered significant under Executive 

Order 12866, and (2) likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. Because 

this rule is exempt from review under 

Executive Order 12866 and is not 

expected to have a significant adverse 

effect on the supply, distribution, or use 

of energy, a Statement of Energy Effects 

is not required. 

National Environmental Policy Act 

This rule does not require an 

environmental impact statement 

because 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 

(NEPA) (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 

certifies that this rule will not have a 

significant economic effect 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 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. In making the 

determination as to whether this rule 

would have a significant economic 

impact, the Department relied upon data 

and assumptions for the Federal 

regulations. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: (a) Does not have an annual 

effect on the economy of $100 million; 

(b) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, geographic 

regions, or Federal, State, or local 

government agencies; and (c) Does not 

have significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. This 

determination is based upon the fact 

that the State submittal, which is the 

subject of this rule, is based upon 

Federal regulations for which an 

analysis was prepared and a 

determination made that the Federal 

regulation was not considered a major 

rule. 

Unfunded Mandates 

This rule will not impose an 

unfunded mandate on State, local, or 

Tribal governments or the private sector 

of $100 million or more in any given 

year. This determination is based upon 

the fact that the State submittal, which 

is the subject of this rule, is based upon 

Federal regulations for which an 

analysis was prepared and a 

determination made that the Federal 

regulation did not impose an unfunded 

mandate. 

List of Subjects in 30 CFR Part 935 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: July 1, 2010. 

Thomas D. Shope, 

Regional Director, Appalachian Region. 

■ For the reasons set out in the 

preamble, 30 CFR part 935 is amended 

as set forth below: 

PART 935—OHIO 

■ 1. The authority citation for part 935 

continues to read as follows: 

Authority: 30 U.S.C. 1201 et seq. 

■ 2. Section 935.15 is amended in the 

table by adding a new entry in 

chronological order by ‘‘Date of Final 

Publication’’ to read as follows: 

§ 935.15 Approval of Ohio regulatory 

program amendments. 

* * * * * 

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72952 Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Rules and Regulations 

Original 

amendment 

submission date 

Date of final 

publication Citation/description 

*******

January 22, 

2009.

November 29, 

2010.

OAC 1513–3–01; 3–02(B); 3–02(D)(4); 3–02(H)–(I)(1); 3–03(C); 3–04(B)(7); 3–04(H); 3–08(F); 3–09(B)–(C); 

3–10(C); 3–11(A)(4); 3–11(C); 3–11(E)–(G); 3–12(A)–(C); 3–13(C)(2)–(3); 3–14(A)(2)–(4); 3–16(E)(2); 3– 

16(F)(2); 3–16(G); 3–16(I); 3–18(F); 3–19(A); 3–19(F); 3–19(I). 

[FR Doc. 2010–29916 Filed 11–26–10; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0979] 

RIN 1625–AA00 

Safety Zone; 1000-yard radius from 

position 29≥48.77′ N 091≥33.02′ W, 

Charenton Drainage and Navigation 

Canal, St. Mary Parish, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

extending to a 1000-yard radius from 

position 29°48.77′ N 091°33.02′ W, 

Charenton Drainage and Navigation 

Canal, St. Mary Parish, LA. This Safety 

Zone is needed to protect the general 

public, vessels and tows from 

destruction, loss or injury due to a 

sunken vessel and associated hazards. 

DATES: This rule is effective in the CFR 

on November 29, 2010 through 

December 31, 2010. This rule is effective 

with actual notice for purposes of 

enforcement on October 20, 2010. This 

rule will remain in effect until 

December 31, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0979 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–0979 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Lieutenant (LT) 

Russel Pickering, Coast Guard; 

telephone 985–380–5320, e-mail 

russel.t.pickering@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because 

publishing an NPRM would be 

impracticable, as immediate action is 

needed to protect the general public, 

vessel and tows from a sunken vessel 

and associated hazards in position 

29°48.77′ N 091°33.02′ W, in the 

Charenton Drainage and Navigation 

Canal. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Publishing an NPRM and 

delaying its effective date would be 

contrary to public interest since 

immediate action is needed to protect 

the general public, vessel and tows from 

destruction, loss or injury due to sunken 

vessel and associated hazards in 

position 29°48.77′ N 091°33.02′ W. 

Background and Purpose 

A Mobile Inshore Drilling Rig 

(Hercules Rig 61) scheduled for scrap 

sank in the Charenton Navigation and 

Drainage Canal. The Charenton 

Navigation and Drainage Canal will be 

closed to all marine traffic within a 

1000-yard radius of position 29°48.77′ N 

091°33, from 20 OCT, 2010 through 31 

DEC, 2010. This Safety Zone is needed 

to protect the general public, vessels 

and tows from destruction, loss or 

injury from a sunken vessel and 

associated hazards. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary Safety Zone in a 1000-yard 

radius of position 29°48.77′ N 

091°33.02′ W within the Charenton 

Drainage and Navigation Canal. The 

temporary Safety Zone will continue 

from October 20, 2010 through 

December 31, 2010. Vessels and tows 

may not enter this zone unless 

authorized by the Captain of the Port 

Morgan City. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

This rule will only be in effect for a 

short period of time and notifications to 

the marine community will be made 

through broadcast notice to mariners 

and Local Notice to Mariners. The 

impacts on routine navigation are 

expected to be minimal. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

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