Ohio Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 935

[OH-241-FOR, #74]

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

revisions to section 150:13-6-03 of the Ohio Administrative Code (OAC)

dealing with the Small Operator Assistance Program (SOAP). 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.D.T.] August

4, 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 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.

SUPPLEMENTARY INFORMATION:

I. Background on the Ohio Program

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

approved the 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, 935.15,

and 935.16.

II. Description of the Proposed Amendment

By letter dated October 3, 1996, (Administrative Record No. OH-

2170-00) Ohio submitted a proposed amendment to its program regarding

its SOAP pursuant to SMCRA. Ohio submitted the proposed amendment at

its own initiative. OSM announced receipt of the proposed amendment in

the October 18, 1996, Federal Register (61 FR 54373) 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

18, 1996. (At the time of announcement, the proposed amendment was

identified as [OH-240; Amendment Number 74]. Please note that the

amendment is now identified as [OH-241; Amendment Number 74].) However,

there was no requirement that historical information be collected, as

well as certain cross-reference contained in the proposed amendments

were incorrect or inadvertently omitted in that notice. These were

conveyed to Ohio in a document dated April 14, 1997, Administrative

Record No. OH-2170-07. Also, Ohio had already corrected some of the

cross-reference errors and submitted corrections to its proposed

amendments in a facsimile document dated April 1, 1997. It agreed to

make additional corrections in a letter dated May 27, 1997. On June 24,

1997, Ohio submitted its revisions in response to the April 14, 1997

document. (Administrative Record Nos. OH-2170-06, OH-2170-08, and OH-

2170-09 respectively). Therefore, OSM is reopening the public comment

period only on the following proposed amendments:

OAC 1501:13-6-03 Small Operator Assistance Program

1. OAC 1501:13-6-03(D)(10)--The cited cross-reference regarding the

scale of topographic maps is revised from OAC 1501:13-9-04 to OAC

1501:13-4-09.

2. OAC 1501:13-6-03(F)(2)(c)--The cited cross-reference are revised

to ORC 1513.07(B)(2)(n)(i), OAC 1501:13-4-04(J), (J)(18) through

(J)(26) and OAC 1501:13-4-13(J), (J)(18) through (J)(26).

3. OAC 1501:13-6-03(F)(2)(d)--The cited cross-reference are revised

to include OAC 1501:13-4-05(K) and 1501:13-4 14(J) in addition to those

already referenced, i.e. 1513.07(B)(2)(m), OAC 1501:13-4-04(A) and

1501:13-4-13(A).

4. OAC 1501:13-6-03(A)(1)(D) and OAC 1501:13-6-03(F)(2)(d) are

revised to include the words ``and historical'' after the opening

phrase ``The collection of archaeological''.

5. OAC 1501:13-6-03(A)(1)(C) and OAC 1501:13-6-03(F)(2)(C)--The

cross-references in the statement ``The development of cross-section

maps and plans required under (B)(2) of section 1513. of the Revised

Code.'' are revised to (B)(2)(n)(i) of section 1513.07.

6. OAC 1501:13-6-03(A)(1)(D) and OAC 1501:13-6-03(F)(2)(D)--The

cross-references in the statement ``The collection of archaeological

information required under division (B)(2) of section 1513. of the

Revised Code. . . .'' are revised to (B)(2)(m) of section 1513.07 of

the Revised Code.

7. OAC 1501:13-6-03(D)(9) is the same as (D)(12), therefore (D)(9)

has been deleted.

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 revisions to the State's regulations

that were submitted on June 24, 1997 (Administrative Record No. OH-

2170-09), with the corrections and additions as 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 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 2 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

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: July 10, 1997.

Allen D. Klein,

Regional Director, Appalachian Regional Coordinating Center.

[FR Doc. 97-19000 Filed 7-17-97; 8:45 am]

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