Ohio Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 935

[OH-244-FOR]

Ohio Regulatory Program

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

Interior.

ACTION: Proposed rule; public comment period and opportunity for public

hearing.

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SUMMARY: OSM is announcing receipt of a proposed amendment to the Ohio

regulatory program (Ohio program) under the Surface Mining Control and

Reclamation Act of 1977 (SMCRA). Ohio is proposing revisions to section

1513-3-21 of the Ohio Administrative Code (OAC) as it relates to awards

of costs and expenses, including attorney's fees, arising in connection

with appeals heard by the Reclamation Commission. The amendment is

intended to revise the Ohio program to be consistent with its statute

at Ohio Revised Code (ORC) Sec. 1513.13(E) as well as the corresponding

Federal regulations.

DATES: If you submit written comments, they must be received by 4:00

p.m., [E.D.T.] March 10, 1999. If requested, a public hearing on the

proposed amendment will be held on March 5, 1999. Requests to speak at

the hearing must be received by 4:00 p.m., on February 23, 1999.

ADDRESSES: Mail or hand-deliver your written comments and requests to

speak at the hearing to George Rieger, Field Branch Chief, at the

address listed below.

You may review 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 at the addresses listed below

during normal business hours, Monday through Friday, excluding

holidays. You 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 15220, Telephone: (412) 937-2153.

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

Columbus, Ohio 43244, Telephone: (614) 265-1076.

FOR FURTHER INFORMATION CONTACT: George Rieger, Field Branch Chief,

Appalachian Regional Coordinating Center, Telephone: (412) 937-2153.

Internet: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Ohio Program

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

approved the Ohio program. You can find background information on the

Ohio program, including the Secretary's findings, the disposition of

comments, and the conditions of approval in the August 10, 1982,

Federal Register (47 FR 34688). You can find later actions on

conditions of approval and program amendments at 30 CFR 935.11, 935.15,

and 935.16.

II. Description of the Proposed Amendment

By letter dated January 21, 1999 (Administrative Record No.OH-2177-

00) Ohio submitted proposed amendments to its program concerning award

of costs and fees in connection with appeals heard by the Reclamation

Commission. Ohio submitted the proposed amendments at its own

initiative. The changes proposed by Ohio in the amendment are discussed

briefly below:

OAC 1513-3-21 Award of costs and expenses.

(a) Paragraphs (A) and (B) are amended by changing the reference

from the ``board of review'' to the ``Reclamation Commission'' and

specifically requiring that a petition for costs and expenses including

attorney's fees be submitted in accordance with Section 1513.13(E) and

(E)(1)(c) of the ORC.

(b) New paragraph (C) is added to specify that a decision by the

Chief of the Division of Mines and Reclamation granting or denying in

whole or in part a request for an award of costs and expenses including

attorney's fees made under Section 1513.13(E)(1)(a) or 1513.13(E)(1)(b)

of the ORC shall be appealable to the commission under Section

1513.13(A) of the ORC.

(c) Existing Paragraph (C) pertaining to the contents of a petition

is re-numbered as (D) and further amended by including the specific

references to the ORC included in (a) and (b) above.

(d) Existing Paragraphs (D),(E) and (F) are re-numbered as (E),

(F), and (G) and are further amended by changing the references from

the board to the Reclamation Commission.

III. Public Comment Procedures

According to the provisions of 30 CFR 732.17(h), we are seeking

comments on whether the proposed amendment satisfies the applicable

program approval criteria of 30 CFR 732.15. If we determine the

amendment to be adequate, it will become part of the Ohio program.

Written Comments

Your written comments should be specific, pertain only to the

issues proposed in this rulemaking, and include explanations in support

of your 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.

Public Hearing

If you wish to speak at the public hearing, you should contact the

person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,

[E.D.T.] on February 23, 1999. The location and time of the hearing

will be arranged with those persons requesting the hearing. If no one

requests an opportunity to speak at the public hearing, the hearing

will not be held.

Filing 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 also allow us to prepare

adequate responses and appropriate questions.

The public hearing will continue on the specified date until all

persons scheduled to speak have been heard. Persons in the audience who

have not been scheduled to speak, and who wish to do so, will be heard

following those who have been scheduled. The hearing will end after all

persons scheduled to speak and persons present in the audience who wish

to speak 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.

[[Page 6006]]

Public Meeting

If only one person requests an opportunity to speak 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

amendment may request a meeting by contacting the person listed under

FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the

public and, if possible, notices of meetings will be posted at the

locations listed under ADDRESSES. A written summary of each 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 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 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

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

In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501

et seq.), this rule will not produce a Federal mandate of $100 million

or greater in any year, i.e., it is not a ``significant regulatory

action'' under the Unfunded Mandates Reform Act.

List of Subjects in 30 CFR 935

Intergovernmental relations, Surface mining, Underground mining.

Dated: January 29, 1999.

Allen D. Klein,

Regional Director, Appalachian Regional Coordinating Center.

[FR Doc. 99-2899 Filed 2-5-99; 8:45 am]

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