Ohio Regulatory Program; Revision of Administrative Rules

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 935

[OH-233; Amendment Number 69R]

Ohio Regulatory Program; Revision of Administrative Rules

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; reopening and extension of public comment

period.

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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 appeal procedures for remedial actions regarding

prohibited financial interests.

This document sets forth the times and locations that the Ohio

program and the 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 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 30, 1995. If requested, a public hearing on the proposed

amendments will be held at 1:00 p.m., E.D.T. on May 22, 1995. Requests

to speak at the hearing must be received on or before 4:00 p.m., E.D.T.

on May 19, 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 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 submissions, 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 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 69 by letter dated

September 22, 1994 (Administrative Record No. OH-2059). In this

amendment, Ohio proposed to revise two rules at Ohio Administrative

Code (OAC) sections 1501:13-1-03 and 13-7- [[Page 25661]] 05 to make

the Ohio program as effective as the corresponding Federal regulations

concerning financial interest statements, appeal procedures for

remedial actions regarding prohibited financial interests, and yield

data for pasture or grazing land.

OSM announced receipt of PA 69 in the October 21, 1994, Federal

Register (59 FR 53122), and, in the same document, opened the public

comment period and providing an opportunity for a public hearing on the

adequacy of the proposed amendment. The public comment period closed on

November 21, 1994.

OSM and Ohio staff met on February 6, 1995, to discuss OSM's

questions and concerns about PA 69 (Administrative Record No. OH-2098).

In response to OSM's February 6, 1995, questions and comments, Ohio

providing Revised Program Amendment Number 69 (PA 69R) by letter dated

March 8, 1995 (Administrative Record No. OH-2099). In PA 69R, Ohio

proposed further revisions to one rule at OAC section 1501:13-1-03

concerning the inclusion of hearing officers of the Ohio Reclamation

Board of Review under that rule's definition of ``employee.''

OSM announced receipt of PA 69R in the March 17, 1995, Federal

Register (60 FR 14401), and, in the same document, opened the public

comment period and providing an opportunity for a public hearing on the

adequacy of the proposed amendment. The public comment period closed on

April 3, 1995.

On April 19, 1995 (Administrative Record No. OH-2114), OSM notified

Ohio that OSM had made an error in its February 6, 1995, questions and

comments on PA 69 and had omitted one necessary change to OAC 1501:13-

1-03 paragraph (L)(1). By letter dated May 3, 1995 (Administrative

Record No. OH-2115), Ohio submitted further revisions to this one rule

paragraph to delete a separate reference to the Reclamation Board of

Review's hearing officers because Ohio is now proposing that those

hearing officers be included under the definition of ``employee'' in

this rule.

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.,

E.D.T. on May 19, 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.

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

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.

List of Subjects in 30 CFR Part 935

Intergovernment relations, Surface mining, Underground mining.

Dated: May 5, 1995.

Ronald C. Recker,

Acting Regional Director, Appalachian Regional Coordinating Center.

[FR Doc. 95-11781 Filed 5-11-95; 8:45 am]

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