[Federal Register Volume 66, Number 216 (Wednesday, November 7, 2001)]
[Proposed Rules]
[Pages 56263-56265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27982]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 935
[OH-247-FOR]
Ohio Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is announcing receipt of a proposed amendment to the Ohio regulatory
program (hereinafter, the ``Ohio program'') under the Surface Mining
Control and Reclamation Act of 1977 (SMCRA or the Act). Ohio proposes
revisions to its rule defining ``inactive coal mining and reclamation
operation'' to include permits containing restored prime farmland when
certain requirements have been met. Ohio intends to revise its program
to improve operational efficiency.
DATES: We will accept written comments on this amendment until 4:00
p.m., e.s.t. on December 7, 2001. If requested, we will hold a public
hearing on the amendment on December 3, 2001. We will accept requests
to speak until 4:00 p.m., e.s.t. on November 23, 2001.
ADDRESSES: You should mail or hand deliver written comments and
requests to speak at the hearing to Mr. George Rieger at the address
listed below.
You may review copies of the Ohio program, this 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 amendment by contacting
the Appalachian Regional Coordinating Center.
Mr. George Rieger, Field Office Director, Office of Surface Mining
Reclamation and Enforcement, 3 Parkway Center, Pittsburgh, PA 15220,
(412) 937-2153.
Mr. Michael Sponsler, Chief, Ohio Department of Natural Resources,
Division of Mineral Resources Management, 1855 Fountain Square Court,
Columbus, OH 43224, (614) 265-6893.
FOR FURTHER INFORMATION CONTACT: George Rieger, Telephone: (412) 937-
2153. Internet: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Ohio Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Ohio Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its State program includes, among other things, ``a State law which
provides for the regulation of surface coal mining and reclamation
operations in accordance with the requirements of the Act * * *; and
rules and regulations consistent with regulations issued by the
Secretary pursuant to the Act.'' See 30 U.S.C. 1253(a)(1) and (7). On
the basis of these criteria, the Secretary of the Interior
conditionally approved the Ohio program on August 16, 1982. You can
find background information on the Ohio program, including the
Secretary's findings, the disposition of comments, and conditions of
approval of the Ohio program in the August 10, 1982, Federal Register
(47 FR 34717). You can also find later actions concerning Ohio's
program and program amendments at 30 CFR 935.15 and 935.25.
II. Description of the Proposed Amendment
By letter dated September 13, 2001, Ohio sent us a proposed
amendment to its program (Administrative Record No. OH-2181-00) under
SMCRA (30 U.S.C. 1201 et seq.). Ohio sent the amendment to include the
changes made at its own initiative. The full text of the program
amendment is available for you to read at the locations listed above
under ADDRESSES.
The provision of the Ohio Administrative Code (O.A.C.) that Ohio
proposes to revise is: O.A.C 1501:13-14-01, Inspections.
Specifically, Ohio proposes to revise the definition of ``inactive
coal mining and reclamation operation'' with respect to prime farmland.
Under the current rule, ``inactive coal mining and reclamation
operation'' means an operation:
(a) For which the chief has secured from the permittee the
written notice required under paragraph (A) of rule 1501:13-9-16 of
the Administrative Code;
(b) Conducted under a D-permit, for which reclamation phase II
as defined in (B)(1)(b)(I, II, AND IV) of rule 1501:13-7-05 of the
Administrative Code has been completed.
The proposed amendment would add the following language to the end of
part (b) of the current rule:
With respect to prime farmland, soil replacement has been carried
out in accordance with the requirements of Rule 1501:13-13-03 of the
Administrative Code and Division (A)(7) of Section 1513.16 of the
Revised Code and sufficient Ground Cover has been established to
prevent erosion or, where row crops are the approved reference crop,
the initial planting has occurred.
Because the required frequency of inspections is lower for inactive
mine sites than active mine sites, Ohio asserted in its September 13,
2001 letter that this proposed rule revision would help it to
effectively and efficiently manage its inspection resources in the
future.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether the amendment satisfies the applicable program
approval criteria of 30 CFR 732.15. If we approve the amendment, it
will become part of the program.
Written Comments
Send your written comments to OSM at the address given above. Your
written comments should be specific, pertain
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only to the issues proposed in this rulemaking, and include
explanations in support of your recommendations. We will not consider
or respond to your comments when developing the final rule if they are
received after the close of the comment period (see DATES). We will
make every attempt to log all comments into the administrative record,
but comments delivered to an address other than the Appalachian
Regional Coordinating Center may not be logged in.
Electronic Comments
Please submit Internet comments as an ASCII or Word file avoiding
the use of special characters and any form of encryption. Please also
include ``Attn: SPATS No. OH-247-FOR'' and your name and return address
in your Internet message. If you do not receive a confirmation that we
have received your Internet message, contact the Appalachian Regional
Coordinating Center at (412) 937-2153.
Availability of Comments
We will make comments, including names and addresses of
respondents, available for public review during normal business hours.
We will not consider anonymous comments. If individual respondents
request confidentiality, we will honor their request to the extent
allowable by law. Individual respondents who wish to withhold their
name or address from public review, except for the city or town, must
state this prominently at the beginning of their comments. We will make
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public review in their entirety.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., e.s.t. on
November 23, 2001. If you are disabled and need special accommodations
to attend a public hearing, contact the person listed under FOR FURTHER
INFORMATION CONTACT. We will arrange the location and time of the
hearing with those persons requesting the hearing. If no one requests
an opportunity to speak, we will not hold the hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at a public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone scheduled to
speak has been given an opportunity to be heard. If you are in the
audience and have not been scheduled to speak and wish to do so, you
will be allowed to speak after those who have been scheduled. We will
end the hearing after everyone scheduled to speak and others present in
the audience who wish to speak, have been heard. If you are disabled
and need a special accommodation to attend a public hearing, contact
the person listed under FOR FURTHER INFORMATION CONTACT.
Public Meeting
If only one person requests an opportunity to speak, we may hold a
public meeting rather than a public hearing. If you wish to meet with
us to discuss the amendment, please request a meeting by contacting the
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings
are open to the public and, if possible, we will post notices of
meetings at the locations listed under ADDRESSES. We will make a
written summary of each meeting a part of the administrative record.
IV. Procedural Determinations
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal
regulations.
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 and has determined that 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
the Federal regulations at 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.
Executive Order 13132--Federalism
This rule does not have Federalism implications. SMCRA delineates
the roles of the Federal and State governments with regard to the
regulation of surface coal mining and reclamation operations. One of
the purposes of SMCRA is to ``establish a nationwide program to protect
society and the environment from the adverse effects of surface coal
mining operations.'' Section 503(a)(1) of SMCRA requires that State
laws regulating surface coal mining and reclamation operations be ``in
accordance with'' the requirements of SMCRA. Section 503(a)(7) requires
that State programs contain rules and regulations ``consistent with''
regulations issued by the Secretary pursuant to SMCRA.
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
Section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that a
decision on a proposed State regulatory program provision does not
constitute a major Federal action within the meaning of section
102(2)(C) of the National Environmental Policy Act (NEPA) (42 U.S.C.
4332(2)(C)). A determination has been made that such decisions are
categorically excluded from the NEPA process (516 DM 8.4.A(2)).
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 certifies 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
[[Page 56265]]
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. 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.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C.804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not
have an annual effect on the economy of $100 million; (b) Will not
cause a major increase in costs or prices for consumers, individual
industries, geographic regions, or Federal, State or local governmental
agencies; and (c) Does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S. based enterprises to compete with foreign-based
enterprises. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation was not considered a
major rule.
Unfunded Mandates
This rule will not impose an unfunded mandate on State, local, or
tribal governments or the private sector of $100 million or more in any
given year. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation did not impose an
unfunded mandate.
List of Subjects in 30 CFR Part 935
Intergovernmental relations, Surface mining, Underground mining.
Dated: October 19, 2001.
Roger Calhoun,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 01-27982 Filed 11-6-01; 8:45 am]
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