Ohio Regulatory Program

DEPARTMENT OF THE INTERIOR

30 CFR Part 935

[OH-233; Amendment Number 69R]

Ohio Regulatory Program

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 filing of financial interest statements,

acceptance of gifts and gratuities, and appeal procedures for

[[Page 14402]] 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 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.S.T.], on

April 3, 1995. If requested, a public hearing on the proposed

amendments will be held at 1:00 p.m. [E.S.T.], on March 27, 1995.

Requests to present oral testimony at the hearing must be received by 4

p.m. [E.S.T.], on March 24, 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. General background information on the Ohio

program, 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 Ohio's program 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 (PA 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 13-7-05 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 provided 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

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

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

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

described below:

(1) Ohio Reclamation Board of Review Hearing Officers Included

Under Definition of ``Employee'': Ohio is further revising paragraph

(D)(2) to include hearing officers of the Ohio Reclamation Board of

Review under the definition of ``employee.'' Ohio is also revising

paragraphs (F)(1), (G)(1), (H), and (L)(3) to delete previously

proposed separate references to these hearing officers because Ohio is

now proposing that those hearing officers be included under the

definition of ``employee'' in this rule.

(2) Use of Financial Interest Statement Form by Members of the Ohio

Reclamation Board of Review: Ohio is revising paragraph (I)(1) to

require members of the Ohio Reclamation Board of Review to report all

required information concerning employment and financial interests on

Form OSM-23.

(3) Acceptance of Gifts and Gratuities by Members of the Ohio

Reclamation Board of Review: Ohio is revising paragraph (J)(1) to

prohibit the solicitation or acceptance of gifts and gratuities by

members of the Ohio Reclamation Board of Review from coal companies

which are conducting or seeking to conduct regulated activities or

which have an interest that may be substantially affected by the

performance of the Board members' official duty.

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. [est],

on March 24, 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

[[Page 14403]] 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 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.

List of Subjects in 30 CFR Part 935

Intergovernment relations, Surface mining, Underground mining.

Dated: March 10, 1995.

Richard J. Seibel,

Acting Assistant Director, Eastern Support Center.

[FR Doc. 95-6591 Filed 3-16-95; 8:45 am]

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