[Federal Register Volume 62, Number 231 (Tuesday, December 2, 1997)]
[Proposed Rules]
[Pages 63684-63685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31578]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 917

[OH-242-FOR]


Ohio Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.

ACTION: Proposed rule; reopening of comment period.

-----------------------------------------------------------------------

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 
changes to the provisions of the Ohio rules pertaining to attorney 
fees. 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.s.t.] 
December 17, 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 15520, Telephone: (412) 937-2153
Ohio Division of Mines and Reclamation, 1855 Fountain Square, Columbus, 
OH 43224, 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

[[Page 63685]]

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, 935.12, 935.15, and 
935.16.

II. Description of the Proposed Amendment

    By letter dated June 24, 1997 (Administrative Record No. OH-2173-
00), Ohio submitted a proposed amendment to its program pursuant to 
SMCRA and in response to a required amendment at 30 CFR 935.16. Ohio 
submitted letters of clarification on August 19, 1997 (Administrative 
Record No. OH-2173-07), and October 14, 1977 (Administrative Record No. 
OH-2173-08). The proposed amendment was announced in the July 7, 1997, 
Federal Register (62 FR 36248). The revision to Ohio Revised Code 
1513.13(E)(2) was inadvertently omitted from the notice. Ohio proposes 
to require that if a final order relating to Chapter 1513 is issued 
under section 1513.13 and becomes the subject of judicial review, at 
the request of any party, a sum equal to the aggregate amount of all 
costs and expenses, including attorney fees, as determined by the court 
to have been necessary and reasonably incurred by the party for or in 
connection with their participation in the judicial proceedings may be 
awarded to either party, in accordance with (E)(1) of section 1513.13 
as the court, on the basis of judicial review, considers proper.

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 revision to the State's regulations that 
was submitted on June 24, 1997 (Administrative Record No. OH-2173-00), 
with the addition 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 Determination

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 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 subsection (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: November 19, 1997.
John A. Holbrook, II,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 97-31578 Filed 12-1-97; 8:45 am]
BILLING CODE 4310-05-M