Ohio Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 917

[OH-242-FOR]

Ohio Regulatory Program

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

Interior.

ACTION: Proposed rule; reopening of comment period.

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

amendment to the Ohio permanent regulatory program (hereinafter

referred to as the ``Ohio program'') under the Surface Mining Control

and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of

changes to the provisions of the Ohio rules pertaining to attorney

fees. The amendment is intended to revise the Ohio program to be

consistent with the corresponding Federal regulations.

DATES: Written comments must be received by 4:00 p.m., [e.s.t.]

December 17, 1997.

ADDRESSES: Written comments and requests to speak at the hearing should

be mailed or hand delivered to George Rieger, Field Branch Chief, at

the address listed below.

Copies of the Ohio program, the proposed amendment, a listing of

any scheduled public hearings, 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 Appalachian Regional

Coordinating Center.

George Rieger, Field Branch Chief, Appalachian Regional Coordinating

Center, Office of Surface Mining Reclamation and Enforcement, 3 Parkway

Center, Pittsburgh, PA 15520, Telephone: (412) 937-2153

Ohio Division of Mines and Reclamation, 1855 Fountain Square, Columbus,

OH 43224, Telephone: (614) 265-1076

FOR FURTHER INFORMATION CONTACT:

George Rieger, Field Branch Chief, Appalachian Regional Coordinating

Center, Telephone: (412) 937-2153.

SUPPLEMENTARY INFORMATION:

I. Background on the Ohio Program

On August 16, 1982, the Secretary of the Interior conditionally

approved the

[[Page 63685]]

Ohio program. Background information on the Ohio program, including the

Secretary's findings, the disposition of comments, and the conditions

of approval can be found in the August 10, 1982, Federal Register (47

FR 34688). Subsequent actions concerning conditions of approval and

program amendments can be found at 30 CFR 935.11, 935.12, 935.15, and

935.16.

II. Description of the Proposed Amendment

By letter dated June 24, 1997 (Administrative Record No. OH-2173-

00), Ohio submitted a proposed amendment to its program pursuant to

SMCRA and in response to a required amendment at 30 CFR 935.16. Ohio

submitted letters of clarification on August 19, 1997 (Administrative

Record No. OH-2173-07), and October 14, 1977 (Administrative Record No.

OH-2173-08). The proposed amendment was announced in the July 7, 1997,

Federal Register (62 FR 36248). The revision to Ohio Revised Code

1513.13(E)(2) was inadvertently omitted from the notice. Ohio proposes

to require that if a final order relating to Chapter 1513 is issued

under section 1513.13 and becomes the subject of judicial review, at

the request of any party, a sum equal to the aggregate amount of all

costs and expenses, including attorney fees, as determined by the court

to have been necessary and reasonably incurred by the party for or in

connection with their participation in the judicial proceedings may be

awarded to either party, in accordance with (E)(1) of section 1513.13

as the court, on the basis of judicial review, considers proper.

III. Public Comment Procedures

In accordance with the provisions of 30 CFR 732.17(h), OSM is

seeking comments on whether the proposed amendment satisfies the

applicable program approval criteria of 30 CFR 732.15. Specifically,

OSM is seeking comments on the revision to the State's regulations that

was submitted on June 24, 1997 (Administrative Record No. OH-2173-00),

with the addition noted above. Comments should address whether the

proposed amendment satisfies the applicable program approval criteria

of 30 CFR 732.15. If the amendment is deemed adequate, it 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 Appalachian Regional

Coordinating Center will not necessarily be considered in the final

rulemaking or included in the Administrative Record.

IV. Procedural Determination

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 12988

The Department of the Interior has conducted the reviews required

by section 3 of Executive Order 12988 (Civil Justice Reform) and has

determined that, to the extent allowed by law, this rule meets the

applicable standards of subsection (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

counterpart 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 counterpart Federal regulations.

Unfunded Mandates

This rule will not impose a cost of $100 million or more in any

given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 935

Intergovernmental relations, Surface mining, Underground mining.

Dated: November 19, 1997.

John A. Holbrook, II,

Acting Regional Director, Appalachian Regional Coordinating Center.

[FR Doc. 97-31578 Filed 12-1-97; 8:45 am]

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