Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9317

wish to do so, will be heard following

those scheduled. The hearing will end

after all persons scheduled to comment

and persons present in the audience

who wish to comment have been heard.

Public Meeting

If only one person requests an

opportunity to comment 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 amendments may

request a meeting at the OSM Lexington

Field Office listed under ADDRESSES 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 in advance 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 his 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 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 to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions for the

corresponding Federal regulations.

List of Subjects in 30 CFR Part 917

Intergovernmental relations, Surface

mining, Underground mining.

Dated: February 9, 1995.

Tim L. Dieringer,

Acting Assistant Director, Eastern Support

Center.

[FR Doc. 95–4064 Filed 2–16–95; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 935

[OH–234; Amendment Number 63R]

Ohio Regulatory and AML Programs;

Reduction and Reorganization of

Engineering Staff

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 a proposed

amendment to the Ohio regulatory

program and AML program (hereinafter

referred to as the Ohio programs) under

the Surface Mining Control and

Reclamation Act of 1977. This

amendment is intended to reduce and

reorganize the engineering staff of the

Ohio programs in response to recent

drops in Ohio coal production. Ohio has

resubmitted this amendment in

response to OSM’s deferral of its

decision on the engineering portion of

Ohio’s overall staffing proposal in the

previous submissions of this program

amendment.

This document sets forth the times

and locations that the Ohio programs

and the proposed amendments to those

programs will be available for public

inspection, the comment period during

which interested persons may submit

written comments on the proposed

amendments, and the procedures that

will be followed regarding the public

hearing, if one is requested.

DATES: Written comments must be

received on or before 4:00 p.m., e.s.t., on

March 20, 1995. If requested, a public

hearing on the proposed amendments

will be held at 1:00 p.m., e.s.t., on

March 14, 1995. Requests to present oral

testimony at the hearing must be

received on or before 4:00 p.m., e.s.t., on

March 6, 1995.

ADDRESSES: Written comments and

requests to testify at the hearing should

be mailed or hand-delivered to Mr.

Robert H. Mooney, Acting Director,

Columbus Field Office, at the address

listed below.

Copies of the Ohio programs, the

proposed amendments, 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 amendments 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) 886–0578

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: Mr.

Robert H. Mooney, Acting Director,

Columbus Field Office, (614) 866–0578.

SUPPLEMENTARY INFORMATION:

I. Background of the Ohio Program

On August 16, 1982, the Secretary of

the Interior conditionally approved the

Ohio programs. Information on the

general background of the Ohio program

submissions, including the Secretary’s

findings, the disposition of comments,

and a detailed explanation of the

conditions of approval of the Ohio

programs, can be found in the August

10, 1982, Federal Register (47 FR

34688). Subsequent actions concerning
9318 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules

the conditions of approval and program

amendments are identified at 30 CFR

935.11, 935.12, 935.15, and 935.16.

II. Discussion of the Proposed

Amendments

By letter dated March 15, 1993

(Administrative Record No. OH–1845),

the Ohio Department of Natural

Resources, Division of Reclamation

(Ohio) submitted proposed Program

Amendment Number 63 (PA 63). In that

submission, Ohio proposed to reduce

the staff of the Ohio programs by

abolishing 28 existing positions. Ohio

also proposed to reorganize the

remaining staff positions to assume the

existing job duties. The amendment

contained no proposed revisions to

Ohio’s coal mining law in the Ohio

Revised Code or coal mining rules in the

Ohio Administrative Code.

OSM announced receipt of the

proposed amendment in the April 8,

1993, Federal Register (58 FR 18185,

and, in the same document, opened the

public comment period and provided an

opportunity for a public hearing on the

adequacy of the proposed amendment.

The public comment period closed on

May 10, 1993.

OSM and Ohio staff met on May 20,

1993, to discuss OSM’s preliminary

concerns and questions about PA 63. By

letter dated June 16, 1993

(Administrative Record No. OH–1890),

Ohio submitted additional information

in response to those OSM concerns and

questions. Through an oversight, OSM

did not reopen the public comment

period at that time.

Subsequently, by letter dated

November 2, 1993 (Administrative

Record No. OH–1948), OSM formally

provided Ohio with its questions and

comments on the March 15 and June 16,

1993, submissions of PA 63. By letter

dated December 6, 1993 (Administrative

Record No. OH–1971), Ohio provided

its responses to OSM’s November 2,

1993, questions and comments.

OSM announced receipt of Ohio’s

December 6, 1993, response in the

January 21, 1994, Federal Register (59

FR 3325), and, in the same document,

opened the public comment period and

provided an opportunity for a public

hearing on the adequacy of the proposed

amendment. The public comment

period closed on February 7, 1994.

During its review of Ohio’s December

6, 1993, response, OSM identified two

concerns regarding engineering

practices and engineering wordload

which OSM staff communicated to the

State during a meeting held on April 20,

1994 (Administrative Record No. OH–

2012). Ohio responded in a letter dated

April 21, 1994 (Administrative Record

No. OH–2014), with additional

information on both issues. OSM

announced receipt of this additional

information, along with the explanatory

information submitted by Ohio on June

16, 1993, and reopened the comment

period for PA 63 in the June 9, 1994,

Federal Register (59 FR 29748). The

public comment period closed on June

24, 1994.

In the September 1, 1994, Federal

Register (59 FR 45206), the Director of

OSM partially approved PA 63 but

deferred his decision on the engineering

portions of the amendment. The

Director based this decision on Ohio’s

April 21, 1994, letter in which Ohio

indicated that the reorganization of its

engineering staff was still underway.

Ohio stated that the changes to its

engineering staff proposed by Ohio in

the 1993 submissions of PA 63 no

longer accurately reflected Ohio’s

proposed engineering structure. Ohio

was still analyzing the workload and

functions of its engineering staff. Ohio

stated that when it has finalized its

proposed engineering staff

configuration, Ohio would resubmit that

staff configuration to OSM for review

and approval.

On November 29, 1994, OSM and

Ohio staff met to discuss Ohio’s

progress with reorganizing its

engineering staff (Administrative Record

No. OH–2071). OSM and Ohio staff met

again on December 15, 1994

(Administrative Record No. OH–2074),

at which time Ohio provided several

documents describing Ohio’s projection

of the engineering resources needed to

support its regulatory prgram. On

December 30, 1994, Ohio provided a

similar analysis of the needs of its AML

program (Administrative Record No.

OH–2089). On January 23, 1995

(Administrative Record No. OH–2084),

OSM provided comments to Ohio on

these engineering work projections.

By letter dated February 2, 1995

(Administrative Record No. OH–2088),

Ohio submitted its revised engineering

staff configuration as Program

Amendment Number 63 Revised (PA

63R). In this submission, Ohio is

proposing to reduce the engineering

staff of the Ohio regulatory and AML

programs down to 10.4 full-time

positions by abolishing 3.6 of the 14

engineering positions which supported

those programs prior to PA 63. As with

the previous submissions of PA 63, PA

63R contains no proposed revisions to

Ohio’s coal mining law in the Ohio

Revised Code or coal mining rules in the

Ohio Administrative Code.

The five major parts of Ohio’s

February 2, 1995, submission of PA 63R

are described briefly below:

(1) Description and Justification of

Engineering Staff Actions

Ohio is proposing to have a total of

3.2 full-time engineering staff positions

dedicated to its regulatory program.

These 3.2 positions will be made up of

varying percentages of the work hours of

8 employees: 25 percent of 1 Central

Office Engineer, 50 percent of 2 Field

Engineers, 25 percent of 1 Field

Engineer, 20 percent of 1 Surveyor, and

50 percent of 3 Engineering Specialists.

This staffing level represents a

reduction of 0.8 full-time staff positions

from the 4.0 regulatory engineering

positions that existed prior to PA 63.

Ohio is proposing to have a total of

7.2 full-time engineering staff positions

dedicated to its AML program. These

7.2 positions will be made up of varying

percentages of the work hours of 11

employees: 100, 70, and 50 percents of

3 Central Office Engineers, respectively;

65 percent of 1 Field Engineer; 45

percent of 2 Field Engineers; 80 percent

of 1 Surveyors; 50 percent of 3

Engineering Specialists; and 100 percent

of 1 Drafting Technician. This staffing

level represents a reduction of 2.8 fulltime staff positions from the 10.0 AML

engineering positions that existed prior

to PA 63.

As justification for these engineering

staff changes, Ohio has submitted a

narrative explaining its staffing proposal

and summarizing the results of an

engineering workload analysis

conducted by Ohio with OSM

assistance. Ohio has also stated its plans

to conduct on-going assessment of any

additional engineering support needed

by its regulatory and ALM programs.

(2) Proposed Table of Organization for

Engineering Staff

Ohio has submitted a proposed table

of organization dated January 1995

which shows the proposed 10.4

engineering staff positions.

(3) Proposed Position Descripotion for

Engineering Specialists

Ohio has submitted a proposed

Position Description for the three

Engineering Specialist positions which

it plans to create to provide technical

assistance to its Central Office and Field

Engineers. Ohio has provided an

explanation of the need for and

responsibilities of these positions in the

narrative portion of PA 63R.

(4) Personnel Table

Ohio has submitted a table showing

how the work percentages of its 10.4

engineering staff positions will be

distributed between Ohio’s regulatory

and AML programs.
Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9319

(5) Documents Included by Reference

Following the narrative portion of PA

63R, Ohio has listed eight documents

which it considers to be attachments to

PA 63R and which include the table of

organization, position description, and

personnel table listed above. Ohio

provided the other five documents to

OSM on December 15, 1994

(Administrative Record No. OH–2074);

Regulatory Workload Assessment,

Regulatory Workload: Geographic

Distribution–1993, Regulatory Work

Logs-1993, Regulatory ARP Logs-1993)

and on December 30, 1994

(Administrative Record No. OH-2089;

AML Workload Analysis). Ohio is

including these Administrative Record

documents in PA 63R by reference.

III. Public Comment Procedures

In accordance with the provisions of

30 CFR 732.17(h), OSM is now seeking

comment on whether the amendments

proposed by Ohio satisfy the applicable

program approval criteria of 30 CFR

732.15. If the amendments are deemed

adequate, they will become part of the

Ohio programs.

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.

Public Hearing

Persons wishing to comment at the

public hearing should contact the

person listed under FOR FURTHER

INFORMATION CONTACT by 4:00 p.m.,

E.S.T., on March 6, 1995. If no one

requests an opportunity to comment at

a public hearing, the hearing will not be

held. 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.

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 comment have been heard.

Persons in the audience who have not

been scheduled to comment and who

wish to do so will be heard following

those scheduled. The hearing will end

after all persons scheduled to comment

and persons present in the audience

who wish to comment have been heard.

Public Meeting

If only one person requests an

opportunity to comment 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 amendments may

request a meeting at the Columbus Field

Office by contracting the person listed

under FOR FURTHER INFORMATION

CONTACT. All such meetings shall be

open to the public and, if possible,

notices of the meetings will be posted at

the locations listed under ADDRESSES. A

written summary of each public 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).

A. Ohio Regulatory Program

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 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 to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions for the

corresponding Federal regulations.

B. Ohio AML Program

Executive Order 12778

The Department of the Interior has

conducted the reviews required by

section 2 of Executive Order 12778 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 and Tribal

abandoned mine land reclamation plans

and revisions thereof since each such

plan is drafted and adopted by a specific

State or Tribe, not by OSM. Decisions

on proposed State and Tribal abandoned

mine land reclamation plans and

revisions thereof submitted by a State or

Tribe are based on a determination of

whether the submittal meets the

requirements of Title IV of SMCRA (30

U.S.C. 1231–1243) and the Federal

regulations at 30 CFR parts 884 and 888.

National Environmental Policy Act

No environmental impact statement is

required for this rule since agency

decisions on proposed State and Tribal

abandoned mine land reclamation plans

and revisions thereof are categorically

excluded from compliance with the

National Environmental Policy Act (42

U.S.C. 4332) by the Manual of the

Department of the Interior [516 DM 6,

appendix 8, paragraph 8.4B(29)].
9320 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules

Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by the Office of

Management and Budget 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. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions in the analyses for

the corresponding Federal regulations.

List of Subjects in 30 CFR Part 935

Intergovernmental relations, Surface

mining, Underground mining.

Dated: February 9, 1995.

Tim L. Dieringer,

Acting Assistant Director, Eastern Support

Center.

[FR Doc. 95–4065 Filed 2–16–95; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 638

[I.D. 020795A]

Coral and Coral Reefs of the Gulf of

Mexico; Public Hearings on Draft

Amendment 3

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Public hearings; request for

comments.

SUMMARY: The Gulf of Mexico Fishery

Management Council (Council) will

convene two public hearings on Draft

Amendment 3 to the Fishery

Management Plan for Coral and Coral

Reefs in the Gulf of Mexico.

Amendment 3 would close the

exclusive economic zone off the Florida

Panhandle to live rock harvest, establish

an annual commercial live rock harvest

quota in the Gulf of Mexico, revise trip

limits, define an allowable amount of

base rock for octocoral, and consider

allowing a personal use harvest limit in

the Gulf.

DATES: Written comments on Draft

Amendment 3 will be accepted until

March 8, 1995. The hearings are

scheduled from 7 p.m. to 10 p.m. as

follows:

1. Wednesday, March 1, 1995, in

Tampa, FL

2. Thursday, March 2, 1995, in Destin,

FL

ADDRESSES: Comments should be sent

to, and copies of the Draft amendment

are available from Mr. Terrance R.

Leary, Gulf of Mexico Fishery

Management Council, 5401 West

Kennedy Boulevard, Suite 331, Tampa,

FL 33609; FAX: 813–225–7015.

The hearings will be held at the

following locations:

1. Tampa, FL—Ramada Airport Hotel,

5303 West Kennedy Boulevard, Tampa,

FL 33609

2. Destin, FL—Holiday Inn, 1020

Highway 98 East, Destin, FL 32540

FOR FURTHER INFORMATION CONTACT:

Terrance R. Leary, Fishery Biologist,

813–228–2815.

SUPPLEMENTARY INFORMATION: These

meetings are physically accessible to

people with disabilities. Requests for

sign language interpretation or other

auxiliary aids should be directed to Julie

Krebs (see ADDRESSES) by February 22,

1995.

Dated: February 13, 1995.

David S. Crestin,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 95–4035 Filed 2–16–95; 8:45 am]

BILLING CODE 3510–22–F