3184 Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Proposed Rules

(e) Owners or operators of new

facilities in State waters must submit

the number of copies of the response

plan requested by MMS to the

appropriate MMS office 60 days before

commencing operations.

§ 254.15 Approval of plans.

(a) The Regional Supervisor shall

approve a plan that meets the following

criteria:

(1) The plan contains the information

required in § 254.5 or § 254.14, as

appropriate.

(2) The plan identifies a worst case

scenario that accurately reflects:

(i) The risks associated with the oil or

other hazardous material being

produced, stored, or transported;

(ii) Any adverse environmental

conditions that can be expected in the

area where the oil or hazardous material

is being produced, stored, or transported

and any area where the oil or hazardous

material could migrate following a spill;

and

(iii) Any environmentally sensitive or

economically important areas that could

be damaged by the spill.

(3) The plan provides for equipment,

personnel, procedures, training, and

drills that will result in the ability to

respond in a timely manner to the

identified worst case spill and remove

the spill to the maximum extent

practicable as well as mitigate or

prevent a substantial threat of such a

discharge.

(4) The plan is consistent with the

National Contingency Plan and all

relevant Area Contingency Plans.

(5) The plan demonstrates that the

responsible party has granted an

identified person full authority to

implement removal actions.

(b) If the Regional Supervisor

determines at any time that a response

plan submitted to MMS or a State is

inadequate, the Regional Supervisor

will specify deficiencies in the plan,

and the responsible party must take

action to modify the plan.

[FR Doc. 95–802 Filed 1–12–95; 8:45 am]

BILLING CODE 4310–MR–M

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 935

Ohio Permanent Regulatory Program;

Evaluation of Revegetation Success

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 revised

amendments to the Ohio permanent

regulatory program (hereinafter referred

to as the Ohio program) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA).

Ohio has submitted additional proposed

changes to its guidelines for evaluating

revegetation success. These guidelines

describe the sampling methods and

standards which Ohio proposes to use

to evaluate revegetation success prior to

bond release on areas with different

postmining land uses. The amendments

are intended to make the Ohio program

as effective as the corresponding Federal

regulations.

This document sets forth the times

and locations that the Ohio program and

proposed amendments to that program

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. on

February 13, 1995. If requested, a public

hearing on the proposed amendments

will be held at 1:00 p.m. on February 7,

1995. Requests to present oral testimony

at the hearing must be received on or

before 4:00 p.m. on January 30, 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 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

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.

FOR FURTHER INFORMATION CONTACT:

Mr. Robert H. Mooney, Acting Director,

Columbus Field Office, (614) 866–0578.

SUPPLEMENTARY INFORMATION:

I. Background

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,

1992, 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. Discussion of the Proposed

Amendments

On October 21, 1993 (Administrative

Record No. OH–1944), the Ohio

Department of Natural Resources,

Division of Reclamation (Ohio)

submitted a final combined version of

two previous program amendments,

Program Amendments Number 25R and

56R (PA 25R and PA 56R). In this

combined submission, Ohio proposed to

revise parts of the Ohio Administrative

Code (OAC) pertaining to land use and

revegetation success standards. Ohio

also submitted ‘‘Guidelines for

Evaluating Revegetation Success’’

establishing the sampling procedures for

measuring vegetative ground cover,

forage yield, and tree shrub stocking.

On May 2, 1994 (59 FR 22517), the

Acting Assistant Director of OSM

announced his decision approving

combined PA 25R and 56R with certain

exceptions. In that decision, the

Assistant Director required Ohio to

submit a proposed amendment to

modify its ‘‘Guidelines for Evaluating

Revegetation Success’’ to require the

species diversity, erosion control, and

other applicable requirements of OAC

1501:13–9–15(B) and (C) be evaluated at

the time of final bond release. The

Assistant Director also required that

Ohio revise the formula for determining

the sample size for evaluating tree and

shrub success.

By letter dated July 19, 1994 (Ohio

Administrative Record OH–2032), Ohio

resubmitted revised ‘‘Guidelines for

Evaluating Revegetation Success’’ which

were intended to address the Assistant

Director’s requirements in his May 2,

1994, decision on PA 25R and 56R.

OSM announced its receipt of proposed

PA 25R and 56R in the Federal Register

(59 FR 38577) on July 29, 1994. The

public comment period ended on

August 29, 1994. The public hearing

scheduled for August 23, 1994, was not
Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Proposed Rules 3185

held because no one requested an

opportunity to testify.

By letter dated October 21, 1994,

(Administrative Record No. OH–2066),

OSM provided its questions and

comments to Ohio on the July 19, 1994,

submission of Ohio’s ‘‘Guidelines for

Evaluating Revegetation Success.’’ By

letter dated December 20, 1994 (Ohio

Administrative Record OH–2075), Ohio

resubmitted revised guidelines which

are intended to address the questions

and comments in OSM’s October 21,

1994 letter. Ohio’s new proposed

changes to its guidelines are described

briefly below:

(1) Ohio is adding text to require that

inspectors verify that the vegetation is

successfully stabilizing the soil surface

from erosion when inspectors evaluate

areas for final bond release.

(2) Ohio is revising the guidelines to

require a minimum of 100 samples to

evaluate ground cover.

(3) Ohio is correcting errors in the

statistical formulas for sampling

adequacy and crop productivity.

(4) Ohio is deleting references in the

guidelines to ‘‘subsamples.’’

(5) Ohio is revising the guidelines to

exclude the first year’s yields from

consideration in meeting prime

farmland crop productivity.

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 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 comment at the

public hearing should contact the

person listed under FOR FURTHER

INFORMATION CONTACT by 4:00 p.m. on

January 30, 1995. 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.

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 No. 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 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

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

which 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.

Hence, 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 in the analyses for the

corresponding Federal regulations.

List of Subjects in 30 CFR Part 935

Intergovernmental relations, Surface

mining, Underground mining.

Dated: January 9, 1995.

Richard J. Seibel,

Acting Assistant Director, Eastern Support

Center.

[FR Doc. 95–972 Filed 1–12–95; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 156

[CGD 93–081]

RIN 2115–AE90]

Designation of Lightering Zones

AGENCY: Coast Guard, DOT.

ACTION: Notice of meeting; request for

comments.

SUMMARY: The Coast Guard announces a

public meeting on February 16, 1995, in

the New Orleans, Louisiana, area to