Ohio Permanent Regulatory and AML Programs; Reduction and Reorganization of Staff

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 935

Ohio Permanent Regulatory and AML Programs; Reduction and

Reorganization of 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 proposed

Program Amendment Number 63 (PA 63) to the Ohio permanent regulatory

program and AML program (hereinafter referred to as the Ohio programs)

under the Surface Mining Control and Reclamation Act of 1977. This

amendment was initiated by Ohio and is intended to reduce and

reorganize the staffing of the Ohio programs in response to recent

drops in Ohio coal production. Ohio has submitted additional

Administrative Record information in response to questions and comments

raised by OSM concerning the initial submission of PA 63.

This document sets forth the times and locations that the Ohio

programs 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 on or before 4 p.m. on

February 7, 1994. If requested, a public hearing on the proposed

amendments will be held at 1 p.m. on January 31, 1994. Requests to

present oral testimony at the hearing must be received on or before 4

p.m. on January 28, 1994. 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.

ADDRESSES: Written comments and requests to testify at the hearing

should be mailed or hand-delivered to Mr. Richard J. Seibel, 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

requestor 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, 2246 South Hamilton Road, 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. Richard J. Seibel, Director, Columbus Field Office, (614) 866-0578.

SUPPLEMENTARY INFORMATION

I. Background

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. 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.

PA 63 included seven attachments intended to describe Ohio's

proposal for the staffing reduction and reorganization and to provide

the rationale for those actions. 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 briefly summarized the seven attachments to PA 63 in the notice

of receipt of the proposed amendment which OSM published in the Federal

Register (58 FR 18185) on April 8, 1993. The public comment period

ended on May 10, 1993. The public hearing scheduled for May 3, 1993,

was not held because no one requested an opportunity to testify.

By letter dated November 2, 1993 (Administrative Record No. OH-

1948), OSM provided its questions and comments to Ohio on the March 15,

1993, submission of PA 63. OSM's questions and comments were listed

under the following six headings: Streamlining of AML Designs;

Engineering--Bond Forfeitures; Engineering--Inspection and Enforcement

Issues; Position Descriptions; Bond Forfeiture Program; and SOAP

Program.

By letter dated December 6, 1993 (Administrative Record No. OH-

1971), Ohio provided its responses to OSM's November 2, 1993, questions

and comments. In addition, Ohio included three attachments. The first

attachment was a November 5, 1993, letter to OSM explaining

organizational responsibilities within Ohio's engineering/geotechnical

support group and AML program. The second attachment was a log of

engineering inspection and enforcement activity. The third attachment

was an example of the revised position description for Ohio's

reclamation inspectors, dated April 5, 1993. In its December 6, 1993,

Administrative Record information, Ohio noted that additional position

descriptions for Ohio's engineering management staff were being revised

but did not attach copies.

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 p.m. on

January 28, 1994. 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 Columbia Field Office by

contacting the person listed under FOR FURTHER INFORMATION CONTACE. 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.

List of Subjects in 30 CFR Part 935

Intergovernmental relations, Surface mining, Underground mining.

Dated: January 12, 1994.

Ronald C. Recker,

Acting Assistant Director, Eastern Support Center.

[FR Doc. 94-1419 Filed 1-19-94; 4:15 pm]

BILLING CODE 4310-05-M