18380 Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Proposed Rules

Finally, it is important to emphasize

that relevant factors not reflected by the

dollar amount alone, such as unusually

vulnerable victims, are always taken

into account in reaching a final parole

decision.

Implementation

The proposed rule would be applied

at any initial parole hearing, or

revocation hearing, conducted on or

after the effective date of the final rule

adopted by the Commission, if the rule

is applicable to the prisoner’s case. The

proposed rule would also be applied

retroactively to prisoners who were

given parole or reparole decisions prior

to that effective date, at the next

statutory interim hearing conducted

pursuant 28 CFR 2.14. For example, at

such a statutory interim hearing, a

prisoner who was continued above the

Category Six guidelines for a $5 million

fraud offense, could argue for a release

date within the guidelines if he can

show that no other factor continues to

justify a departure from the guideline

range.

Executive Order 12866 and Regulatory

Flexibility Statement

The U.S. Parole Commission has

determined that this proposed rule is

not a significant regulatory action for

the purposes of Executive Order 12866,

and the proposed rule has, accordingly,

not been reviewed by the Office of

Management and Budget. The proposed

rule, if adopted, will not have a

significant economic impact upon a

substantial number of small entities,

within the meaning of the Regulatory

Flexibility Act, 5 U.S.C. 605(b).

List of Subjects in 28 CFR Part 2

Administrative practice and

procedure, probation and parole,

prisoners.

Accordingly, the U.S. Parole

Commission proposes the following

amendment to 28 CFR part 2:

The Proposed Amendment

(1) The authority citation for 28 CFR

part 2 continues to read as follows:

Authority: 18 U.S.C. 4203(a)(1) and

4204(a)(6).

(2) 28 CFR part 2, § 2.20 Chapter 3,

Subchapter D, Paragraph 331, is

proposed to be amended to require a

Category Seven rating if the value of the

property is more than $5,000,000, and to

require a Category Six offense severity

rating if the value of the property is

more than $1,000,000 but not more than

$5,000,000. All other dollar ranges and

offense severity categories will remain

as presently listed.

Dated: March 31, 1995.

Edward F. Reilly, Jr.,

Chairman, U.S. Parole Commission.

[FR Doc. 95–8913 Filed 4–10–95; 8:45 am]

BILLING CODE 4410–01–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 935

[OH–235; Amendment Number 70]

Ohio Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing.

SUMMARY: OSM is announcing the

receipt of a proposed amendment to the

Ohio regulatory program (hereinafter

referred to as the Ohio program) under

the Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

amendment was initiated by Ohio and

is intended to make the Ohio program

as effective as the corresponding Federal

regulations concerning the frequency of

inspections at abandoned coal mining

operations.

This document sets forth the times

and locations that the Ohio program and

proposed amendment to that program

will be available for public inspection,

the comment period during which

interested persons may submit written

comments on the proposed amendment,

and the procedures that will be followed

regarding the public hearing, if one is

requested.

DATES: Written comments must be

received by 4:00 p.m., E.D.T. on May 11,

1995. If requested, a public hearing on

the proposed amendment will be held at

1:00 p.m., E.D.T. on May 8, 1995.

Requests to speak at the hearing must be

received by 4:00 p.m. E.D.T., on April

26, 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 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 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 program. Information on the

general background of the Ohio program

submission, including the Secretary’s

findings, the disposition of comments,

and a detailed explanation of the

conditions of approval of the Ohio

program, 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. Description of the Proposed

Amendment

The Ohio Department of Natural

Resources, Division of Reclamation

(Ohio) submitted proposed Program

Amendment Number 70 by letter dated

March 28, 1995 (Administrative Record

No. OH–2104). In this amendment, Ohio

proposes to revise one rule at Ohio

Administrative Code (OAC) section

1501:13–14–01 to make the Ohio

program as effective as the

corresponding Federal regulations

concerning the frequency of inspections

at abandoned coal mining operations.

The substantive rule revisions proposed

by Ohio in this amendment are briefly

described below:

1. Definition of ‘‘Abandoned Coal

Mining and Reclamation Operation’’:

Ohio is revising paragraph (A)(3) to

define the term ‘‘abandoned coal mining

and reclamation operation.’’ Ohio is

revising paragraph (A)(4) to exclude

abandoned operations from the

definition of ‘‘active coal mining and

reclamation operation.’’

2. Alternative Inspection Frequency at

Abandoned Operations: Ohio is adding

a new paragraph (E) to authorize less

frequent inspections of abandoned

operations. Ohio is proposing to select

a specific inspection frequency for each

abandoned operation which shall be
Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Proposed Rules 18381

commensurate with the public health

and safety and environmental

considerations present at that specific

site. In no case shall Ohio conduct less

than one complete inspection per

calendar year at each abandoned

operation.

Before changing to an alternate

inspection frequency for an abandoned

operation, Ohio will first conduct a

complete inspection of the operation,

prepare a written finding justifying the

inspection frequency selected for the

operation, and publish a public notice

of the State’s intent to change to the less

frequent inspection schedule for the

operation. The notice shall provide the

public with a 30-day period in which to

submit written comments on the State’s

proposed change to less frequent

inspections of the specified operation.

III. Public Comment Procedures

In accordance with the provisions of

30 CFR 732.17(h), OSM is now seeking

comment 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

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 Columbus Field Office

will not necessarily be considered in the

final rulemaking or included in the

Administrative Record.

Public Hearing

Persons wishing to speak at the public

hearing should contact the person listed

under FOR FURTHER INFORMATION

CONTACT by 4:00 p.m., E.D.T. on April

26, 1995. The location and time of the

hearing will be arranged with those

persons requesting the hearing. If no one

requests an opportunity to comment at

a public hearing, the hearing will not be

held.

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.

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.

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 amendment 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 5034 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: April 5, 1995.

Richard J. Seibel,

Acting Assistant Director, Eastern Support

Center.

[FR Doc. 95–8888 Filed 4–10–95; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 948

West Virginia Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Announcement of public

comment period and opportunity for

public hearing.

SUMMARY: OSM is requesting public

comment that would considered in

deciding how to implement in West

Virginia, underground coal mine

subsidence control and water

replacement provisions of the Surface

Mining Control and Reclamation Act of

1977 (SMCRA), the implementing

Federal regulations, and/or the

counterpart State provisions. Recent

amendments to SMCRA and the