14400 Federal Register / Vol. 60, No. 52 / Friday, March 17, 1995 / Proposed Rules

3. 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)).

4. 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.).

5. 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.

V. List of Subjects in 30 CFR Part 904

Intergovernmental relations, Surface

mining, Underground mining.

Dated: March 9, 1995.

Charles E. Sandberg,

Acting Assistant Director, Western Support

Center.

[FR Doc. 95–6590 Filed 3–16–95; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 935

[OH–231; Amendment Number 68R]

Ohio Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; reopening and

extension of public comment period and

opportunity for public hearing on

proposed amendment.

SUMMARY: OSM is reopening the public

comment period for a revised

amendment to the Ohio permanent

regulatory program (hereinafter referred

to as the Ohio program) under the

Surface Mining Control and

Reclamation Act of 1977. This revised

amendment was initiated by Ohio and

is intended to make the Ohio program

as effective as the corresponding Federal

regulations concerning

contemporaneous reclamation.

Specifically, the amendment proposes

to revise Ohio’s definition of ‘‘auger

mining’’ and to further revise Ohio’s

proposed time and distance schedules

for backfilling and grading in

conjunction with various mining

methods.

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 by 4 p.m. [e.s.t.], on April 3,

1995. If requested, a public hearing on

the proposed amendments will be held

at 1 p.m. [e.s.t.], on March 27, 1995.

Requests to present oral testimony at the

hearing must be received on or before 4

p.m. [e.s.t.], on March 24, 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, free of charge, one 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) 866–0578

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 on 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

the conditions of approval and program

amendments are identified at 30 CFR

935.11, 935.12, 935.15, and 935.16.

II. Proposed Amendment

The Ohio Department of Natural

Resources, Division of Reclamation

(Ohio) submitted proposed Program

Amendment Number 68 (PA 68) by

letter dated May 17, 1994

(Administrative Record No. OH–2018).

In this amendment, Ohio proposed to

revise three rules in the Ohio

Administrative Code (OAC) to make the

Ohio program as effective as the

corresponding Federal regulations

concerning contemporaneous

reclamation. As part of and in support

of proposed PA 68, Ohio also submitted

a draft Policy/Procedure Directive (PPD)

which provided additional clarification

and guidance on the proposed Ohio rule

requirements for contemporaneous

reclamation.

OSM announced receipt of PA 68 in

the May 26, 1994, Federal Register (59

FR 27253), 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 June 27, 1994.

OSM and Ohio staff met on August

22, 1994, to discuss OSM’s questions

and concerns about PA 68

(Administrative Record No. OH–2093).

In response to OSM’s August 22, 1994,

questions and comments, Ohio provided

Revised Program Amendment Number

68 (PA 68R) by letter dated March 1,

1995 (Administrative Record No. OH–

2094).

In PA 68R, Ohio is proposing a

number of editorial changes to improve

the clarity and readability of the rule

changes and the PPD previously

proposed by Ohio in PA 68. These

additional changes do not affect the

content of the previously proposed

revisions and are not individually

discussed in this proposed rule

document.

The substantive changes proposed by

Ohio in PA 68R are described briefly

below:
Federal Register / Vol. 60, No. 52 / Friday, March 17, 1995 / Proposed Rules 14401

(1) OAC section 1501:13–1–02

paragraph (K): Ohio is revising the

definition of ‘‘auger mining’’ to mean

drilling holes or cutting into an exposed

coal seam at a highwall and transporting

the coal to the surface along an auger

bit, by conveyor, or by other means.

(2) OAC section 1501:13–4–05

paragraph (A)(2)(a)(i): Ohio is further

revising this new paragraph to require

that permit applications identify the

mining method as area mining, contour

mining, another named mining method,

or a combination of methods to be

identified by name.

(3) OAC section 1501:13–4–05

paragraph (A)(2)(a)(ii): Ohio is further

revising this new paragraph to clarify

that the description of the mining

operation in the permit application shall

include the location where the mining

will begin.

III. Public Comment Procedures

Written Comments

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 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 24, 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 contacting 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).

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.

List of Subjects in 30 CFR Part 935

Intergovernmental relations, Surface

mining, Underground mining.

Dated: March 10, 1995.

Richard J. Seibel,

Acting Assistant Director, Eastern Support

Center.

[FR Doc. 95–6592 Filed 3–16–95; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 935

[OH–233; Amendment Number 69R]

Ohio Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; reopening and

extension of public comment period.

SUMMARY: OSM is reopening the public

comment period for a revised

amendment to the Ohio regulatory

program (hereinafter referred to as the

Ohio program) under the Surface

Mining Control and Reclamation Act of

1977. This revised amendment was

initiated by Ohio and is intended to

make the Ohio program as effective as

the corresponding Federal regulations

concerning filing of financial interest

statements, acceptance of gifts and

gratuities, and appeal procedures for