Federal Register / Vol. 60, No. 73 / Monday, April 17, 1995 / Proposed Rules 19193

A notice of the extension of the

comment period and the rescheduling of

the public hearing was published on

January 20, 1995 (60 FR 4132 et seq.).

This notice extended the public

comment period for the proposal to

April 14, 1995. The date for submitting

a notice of intention to appear at the

hearing to testify was extended to March

31, 1995. The public hearings were

rescheduled to start on June 6, 1995. On

March 23, 1995 (60 FR 15263) OSHA

extended the period to submit testimony

until May 15, 1995.

Extension of Date for Submitting

Comments

Several parties who will be testifying

at the OSHA hearings have requested an

extension of time to file comments to

May 15, 1995 because they need

additional time to prepare comments.

Since the period for submitting

testimony has been extended this will

not result in further delays. Accordingly

OSHA is extending the time for testifiers

to submit comments until May 15, 1995.

The times to submit testimony and the

start of the hearing remain unchanged.

See the earlier Federal Register notices

for the hearing procedures.

Authority and Signature

This document was prepared under

the direction of Joseph A. Dear,

Assistant Secretary of Labor for

Occupational Safety and Health, U.S.

Department of Labor, 200 Constitution

Avenue, NW., Washington, DC 20210. It

is issued pursuant to section 6(b) of the

Occupational Safety and Health Act of

1970 (84 Stat. 1593, 29 U.S.C. 655).

Signed at Washington, DC., this 12th day

of April, 1995.

Joseph A. Dear,

Assistant Secretary of Labor.

[FR Doc. 95–9434 Filed 4–14–95; 8:45 am]

BILLING CODE 4510–26–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 917

[KY–208]

Kentucky Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; reopening and

extension of public comment period on

proposed amendment.

SUMMARY: OSM is announcing receipt of

revisions pertaining to a previously

proposed amendment to the Kentucky

regulatory program (hereinafter, the

‘‘Kentucky program’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). The revisions for

Kentucky’s proposed rules pertain to

documents, assessment of civil

penalties, and revegetation for surface

and underground mining. This

amendment is intended to revise the

Kentucky program to be consistent with

the corresponding Federal regulations.

DATES: Written comments must be

received by 4:00 p.m., E.D.T., May 2,

1995.

ADDRESSES: Written comments should

be mailed or hand delivered to Mr.

William J. Kovacic at the address listed

below.

Copies of the Kentucky program, the

proposed amendment, 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 Lexington Field

Office.

Mr. William J. Kovacic, Lexington Field

Office, Office of Surface Mining

Reclamation and Enforcement, 2675

Regency Road, Lexington, Kentucky

40503, Telephone: (606) 233–2896′

Department for Surface Mining

Reclamation and Enforcement, #2

Hudson Hollow Complex, Frankfort,

Kentucky 40601, Telephone: (502)

564–6940.

FOR FURTHER INFORMATION CONTACT:

William J. Kovacic, Director, Lexington

Field Office, Telephone: (606) 233–

2896.

SUPPLEMENTARY INFORMATION:

I. Background on the Kentucky

Program

On May 18, 1982, the Secretary of the

Interior conditionally approved the

Kentucky program. General background

information on the Kentucky program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval of the Kentucky

program can be found in the May 18,

1982, Federal Register (47 FR 21404).

Subsequent actions concerning

Kentucky’s program and program

amendments can be found at 30 CFR

917.11, 917.15, 917.16, and 917.17.

II. Description of the Proposed

Amendment

By letter dated July 19, 1994,

Kentucky submitted a proposed

amendment to its program pursuant to

SMCRA (Administrative Record No.

1304). Kentucky submitted the proposed

amendment at its own initiative. The

provisions of the Kentucky

Administration Regulations (KAR)

Kentucky proposed to amend were: 405

KAR 7:015—Documents Incorporated by

Reference, 405 KAR 7:095—Assessment

of Civil Penalties, 405 KAR 10:010—

General Requirements for Performance

Bond and Liability Insurance, 405 KAR

16:020—Contemporaneous Reclamation,

405 KAR 16:200—Revegetation for

Surface Coal Mining, and 405 KAR

18:200—Revegetation for Underground

Mining Operations.

OSM announced receipt of the

proposed amendment in the August 9,

1994, Federal Register (59 FR 40503),

provided an opportunity for a public

hearing or meeting on its substantive

adequacy, and invited public comment

on its adequacy (Administrative Record

No. 1322). Because no one requested a

public hearing or meeting, none was

held. The public comment period ended

on September 8, 1994.

On March 2, 1995, Kentucky

submitted additional revisions to 405

KAR 7:095—Assessment of Civil

Penalties, and 405 KAR 16:200 and

18:200—Revegetation (Administrative

Record No. 1347). 405 KAR 7:095

section 5(2) is proposed to be revised to

clarify that the penalty which can be

assessed under this section is in

addition to the civil penalty which can

be assessed under section 5(1), and to

add section 7 which incorporates by

reference Kentucky’s January 6, 1995,

‘‘Procedures for Assessment of Civil

Penalties’’. Several revisions were made

to proposed 405 KAR 16:200 and

18:200—Revegetation. Proposed section

1(4) is being revised to clarify that this

section does not negate the requirement

at 405 KAR 16:180 and 18:180 section

3(2) that ‘‘where cropland is intended to

be the postmining land use, and where

appropriate for wildlife and cropmanagement practices, the permittee

shall intersperse the fields with tree,

hedges, or fence rows throughout the

harvested area to break up large blocks

of monoculture and to diversify habitat

types for birds and other animals.’’

Proposed section 5(2)(b)2 is being

revised to specifically identify the

‘‘Kentucky Agricultural Statistics’’

documents being relied upon (except for

prime farmland) for average county

yields of row crops. Proposed section 6

is being revised to reduce the stocking

rates for trees from 450 to 300 plants per

acre, and to require all permit

applications submitted after February

22, 1995, which propose to plant trees

and shrubs for wildlife habitat, to use

species listed in Appendix A of New
19194 Federal Register / Vol. 60, No. 73 / Monday, April 17, 1995 / Proposed Rules

Technical Reclamation Memorandum

#21 and stocking densities set in section

6(2)(b)1, or optionally to use species and

stocking densities recommended

specifically for the permit area by the

Kentucky Department of Fish and

Wildlife Resources. Sections 9(3)(c) and

9(6), regarding use of productivity test

areas rather than statistical evaluation of

productivity, are being deleted.

III. Public Comment Procedures

Written Comments

OSM is reopening the comment

period on the proposed Kentucky

program amendment to provide the

public an opportunity to reconsider the

adequacy of the proposed amendment

in light of the additional materials

submitted. 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 become part of

the Kentucky program.

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 Lexington Field Office

will not necessarily be considered in the

final rulemaking or included in 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 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 12550) 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 CRR 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

that 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.

List of Subjects in 30 CFR Part 917

Intergovernmental relations, Surface

mining, Underground mining.

Dated: April 10, 1995.

Richard J. Seibel,

Acting Assistant Director, Eastern Support

Center.

[FR Doc. 95–9388 Filed 4–14–95; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 935

[OH–204; Amendment No. 54R]

Ohio Regulatory and AML Programs

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 permanent

regulatory and Abandoned Mined Land

(AML) programs (hereinafter referred to

as the Ohio programs) under the Surface

Mining Control and Reclamation Act of

1977. The revised amendment proposes

additional changes to ten sections of the

Ohio Revised Code (ORC) to clarify

those sections of State law, to conform

those sections to current State practices,

and to make those sections equivalent to

corresponding Federal laws. The

proposed revisions concern lands

eligible for remining, public roadways,

average wage rates, deletion of obsolete

language on interim continuance of

underground coal mining operations,

activities eligible for Small Operator

Assistance, refund of excess permit fees

to operators, use of the Reclamation

Supplemental Forfeiture Fund for noncoal reclamation, interfund transfers,

and required staff training.

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.d.t. on

May 17, 1995. If requested, a public

hearing on the proposed amendments

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

12, 1995. Requests to speak at the

hearing must be received on or before

4:00 p.m., e.d.t. on May 2, 1995.

ADDRESSES: Written comments and

requests to speak 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) 866–0578.