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

DEPARTMENT OF THE INTERIOR

30 CFR Part 935

[OH-234; Amendment Number 63R]

Ohio Regulatory and AML Programs; Reduction and Reorganization of

Engineering Staff

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

Interior.

ACTION: Proposed rule; reopening of public comment period.

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SUMMARY: OSM is reopening the public comment period for a proposed

amendment to the Ohio regulatory program and AML program (hereinafter

referred to as the Ohio programs) under the Surface Mining Control and

Reclamation Act of 1977. This amendment is intended to reduce and

reorganize the engineering staff of the Ohio programs in response to

recent drops in Ohio coal production. Ohio has resubmitted this

amendment in response to OSM's deferral of its decision on the

engineering portion of Ohio's overall staffing proposal in the previous

submissions of this program amendment.

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.s.t., on March 20, 1995. If requested, a public hearing on the

proposed amendments will be held at 1:00 p.m., e.s.t., on March 14,

1995. Requests to present oral testimony at the hearing must be

received on or before 4:00 p.m., e.s.t., on March 6, 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 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) 886-0578

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 of the Ohio Program

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

[[Page 9318]] 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. 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 announced receipt of the proposed amendment in the April 8,

1993, Federal Register (58 FR 18185, and, in the same document, opened

the public comment period and provided an opportunity for a public

hearing on the adequacy of the proposed amendment. The public comment

period closed on May 10, 1993.

OSM and Ohio staff met on May 20, 1993, to discuss OSM's

preliminary concerns and questions about PA 63. By letter dated June

16, 1993 (Administrative Record No. OH-1890), Ohio submitted additional

information in response to those OSM concerns and questions. Through an

oversight, OSM did not reopen the public comment period at that time.

Subsequently, by letter dated November 2, 1993 (Administrative

Record No. OH-1948), OSM formally provided Ohio with its questions and

comments on the March 15 and June 16, 1993, submissions of PA 63. By

letter dated December 6, 1993 (Administrative Record No. OH-1971), Ohio

provided its responses to OSM's November 2, 1993, questions and

comments.

OSM announced receipt of Ohio's December 6, 1993, response in the

January 21, 1994, Federal Register (59 FR 3325), and, in the same

document, opened the public comment period and provided an opportunity

for a public hearing on the adequacy of the proposed amendment. The

public comment period closed on February 7, 1994.

During its review of Ohio's December 6, 1993, response, OSM

identified two concerns regarding engineering practices and engineering

wordload which OSM staff communicated to the State during a meeting

held on April 20, 1994 (Administrative Record No. OH-2012). Ohio

responded in a letter dated April 21, 1994 (Administrative Record No.

OH-2014), with additional information on both issues. OSM announced

receipt of this additional information, along with the explanatory

information submitted by Ohio on June 16, 1993, and reopened the

comment period for PA 63 in the June 9, 1994, Federal Register (59 FR

29748). The public comment period closed on June 24, 1994.

In the September 1, 1994, Federal Register (59 FR 45206), the

Director of OSM partially approved PA 63 but deferred his decision on

the engineering portions of the amendment. The Director based this

decision on Ohio's April 21, 1994, letter in which Ohio indicated that

the reorganization of its engineering staff was still underway. Ohio

stated that the changes to its engineering staff proposed by Ohio in

the 1993 submissions of PA 63 no longer accurately reflected Ohio's

proposed engineering structure. Ohio was still analyzing the workload

and functions of its engineering staff. Ohio stated that when it has

finalized its proposed engineering staff configuration, Ohio would

resubmit that staff configuration to OSM for review and approval.

On November 29, 1994, OSM and Ohio staff met to discuss Ohio's

progress with reorganizing its engineering staff (Administrative Record

No. OH-2071). OSM and Ohio staff met again on December 15, 1994

(Administrative Record No. OH-2074), at which time Ohio provided

several documents describing Ohio's projection of the engineering

resources needed to support its regulatory prgram. On December 30,

1994, Ohio provided a similar analysis of the needs of its AML program

(Administrative Record No. OH-2089). On January 23, 1995

(Administrative Record No. OH-2084), OSM provided comments to Ohio on

these engineering work projections.

By letter dated February 2, 1995 (Administrative Record No. OH-

2088), Ohio submitted its revised engineering staff configuration as

Program Amendment Number 63 Revised (PA 63R). In this submission, Ohio

is proposing to reduce the engineering staff of the Ohio regulatory and

AML programs down to 10.4 full-time positions by abolishing 3.6 of the

14 engineering positions which supported those programs prior to PA 63.

As with the previous submissions of PA 63, PA 63R contains no proposed

revisions to Ohio's coal mining law in the Ohio Revised Code or coal

mining rules in the Ohio Administrative Code.

The five major parts of Ohio's February 2, 1995, submission of PA

63R are described briefly below:

(1) Description and Justification of Engineering Staff Actions

Ohio is proposing to have a total of 3.2 full-time engineering

staff positions dedicated to its regulatory program. These 3.2

positions will be made up of varying percentages of the work hours of 8

employees: 25 percent of 1 Central Office Engineer, 50 percent of 2

Field Engineers, 25 percent of 1 Field Engineer, 20 percent of 1

Surveyor, and 50 percent of 3 Engineering Specialists. This staffing

level represents a reduction of 0.8 full-time staff positions from the

4.0 regulatory engineering positions that existed prior to PA 63.

Ohio is proposing to have a total of 7.2 full-time engineering

staff positions dedicated to its AML program. These 7.2 positions will

be made up of varying percentages of the work hours of 11 employees:

100, 70, and 50 percents of 3 Central Office Engineers, respectively;

65 percent of 1 Field Engineer; 45 percent of 2 Field Engineers; 80

percent of 1 Surveyors; 50 percent of 3 Engineering Specialists; and

100 percent of 1 Drafting Technician. This staffing level represents a

reduction of 2.8 full-time staff positions from the 10.0 AML

engineering positions that existed prior to PA 63.

As justification for these engineering staff changes, Ohio has

submitted a narrative explaining its staffing proposal and summarizing

the results of an engineering workload analysis conducted by Ohio with

OSM assistance. Ohio has also stated its plans to conduct on-going

assessment of any additional engineering support needed by its

regulatory and ALM programs.

(2) Proposed Table of Organization for Engineering Staff

Ohio has submitted a proposed table of organization dated January

1995 which shows the proposed 10.4 engineering staff positions.

(3) Proposed Position Descripotion for Engineering Specialists

Ohio has submitted a proposed Position Description for the three

Engineering Specialist positions which it plans to create to provide

technical assistance to its Central Office and Field Engineers. Ohio

has provided an explanation of the need for and responsibilities of

these positions in the narrative portion of PA 63R.

(4) Personnel Table

Ohio has submitted a table showing how the work percentages of its

10.4 engineering staff positions will be distributed between Ohio's

regulatory and AML programs. [[Page 9319]]

(5) Documents Included by Reference

Following the narrative portion of PA 63R, Ohio has listed eight

documents which it considers to be attachments to PA 63R and which

include the table of organization, position description, and personnel

table listed above. Ohio provided the other five documents to OSM on

December 15, 1994 (Administrative Record No. OH-2074); Regulatory

Workload Assessment, Regulatory Workload: Geographic Distribution-1993,

Regulatory Work Logs-1993, Regulatory ARP Logs-1993) and on December

30, 1994 (Administrative Record No. OH-2089; AML Workload Analysis).

Ohio is including these Administrative Record documents in PA 63R by

reference.

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 4:00 p.m.,

E.S.T., on March 6, 1995. If no one requests an opportunity to comment

at a public hearing, the hearing will not be held. 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.

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

contracting 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).

A. Ohio Regulatory Program

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 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 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.

B. Ohio AML Program

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 and Tribal abandoned

mine land reclamation plans and revisions thereof since each such plan

is drafted and adopted by a specific State or Tribe, not by OSM.

Decisions on proposed State and Tribal abandoned mine land reclamation

plans and revisions thereof submitted by a State or Tribe are based on

a determination of whether the submittal meets the requirements of

Title IV of SMCRA (30 U.S.C. 1231-1243) and the Federal regulations at

30 CFR parts 884 and 888.

National Environmental Policy Act

No environmental impact statement is required for this rule since

agency decisions on proposed State and Tribal abandoned mine land

reclamation plans and revisions thereof are categorically excluded from

compliance with the National Environmental Policy Act (42 U.S.C. 4332)

by the Manual of the Department of the Interior [516 DM 6, appendix 8,

paragraph 8.4B(29)]. [[Page 9320]]

Paperwork Reduction Act

This rule does not contain information collection requirements that

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. Accordingly, this rule will ensure that existing requirements

previously promulgated by OSM will be implemented. 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: February 9, 1995.

Tim L. Dieringer,

Acting Assistant Director, Eastern Support Center.

[FR Doc. 95-4065 Filed 2-16-95; 8:45 am]

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