[Federal Register Volume 71, Number 202 (Thursday, October 19, 2006)]
[Proposed Rules]
[Pages 61695-61698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17369]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 935
[OH-251-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 on proposed amendment.
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SUMMARY: We (OSM) are announcing receipt of a proposed amendment to the
Ohio regulatory program (the ``Ohio program'') under the Surface Mining
Control and Reclamation Act of 1977 (SMCRA or the Act). The proposed
amendment consists of a request from Ohio to withdraw portions of a
prior amendment to the Ohio program that OSM approved. The prior
amendment pertained to clarification of certain Conflict of Interest
provisions. Although OSM approved the amendment in 1995, Ohio has not
promulgated the approved regulations through their rule-making process
and has now decided the approved changes are not necessary.
This document gives the times and locations that the Ohio program
and proposed amendment to that program are available for your
inspection, the comment period during which you may submit written
comments on the amendment, and the procedures that we will follow for
the public hearing, if one is requested.
DATES: We will accept written comments on this amendment until 4 p.m.,
(local time), November 20, 2006. If requested, we will hold a public
hearing on the amendment on November 13, 2006. We will accept requests
to speak at a hearing until 4 p.m., local time, on November 3, 2006.
[[Page 61696]]
ADDRESSES: You may submit comments, identified by OH-251-FOR, by any of
the following methods:
E-mail: [email protected]. Include OH-251-FOR in the
subject line of the message;
Mail/Hand Delivery: Mr. George Rieger, Chief, Pittsburgh
Field Division, Office of Surface Mining Reclamation and Enforcement, 3
Parkway Center, Pittsburgh, Pennsylvania 15220; or
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency
docket number for this rulemaking. For detailed instructions on
submitting comments and additional information on the rulemaking
process, see the ``Public Comment Procedures'' heading in the
SUPPLEMENTARY INFORMATION section of this document. You may also
request to speak at a public hearing by any of the methods listed above
or by contacting the individual listed under FOR FURTHER INFORMATION
CONTACT.
Docket: 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 also receive one free copy of this amendment by
contacting OSM's Pittsburgh Field Division listed below.
Mr. George Rieger, Chief, Pittsburgh Field Division, Office of Surface
Mining Reclamation and Enforcement, 3 Parkway Center, Pittsburgh,
Pennsylvania 15220. Telephone: (412) 937-2153. E-mail:
[email protected].
Mr. Michael Sponsler, Chief, Division of Mineral Resources Management,
Ohio Department of Natural Resources, 1855 Fountain Square Court-Bldg.
H-2, Columbus, Ohio 43224. Telephone: (614) 265-6633.
FOR FURTHER INFORMATION CONTACT: Mr. George Rieger, Chief, Pittsburgh
Field Division, Telephone: (412) 937-2153. E-mail: [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 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 16, 1982, Federal Register (47 FR 34687). You can
also find later actions concerning Ohio's program and program
amendments at 30 CFR 935.11, 935.15, and 935.16.
II. Description of the Proposed Amendment
By letter dated August 30, 2006, Ohio sent us a proposed amendment
to its program (Administrative Record Number OH-2187-00) under SMCRA
(30 U.S.C. 1201 et seq.). In its letter, Ohio stated that it has
reviewed revisions previously proposed by Ohio in Program Amendment
69. Ohio stated that those components of program amendment
69 related to Conflict of Interest are no longer necessary,
and it would like to withdraw those program provisions from
consideration at this time. OSM approved the provisions proposed in
program amendment 69 (including the subsequent revisions) in
the Federal Register on July 17, 1995 (60 FR 36352). However, Ohio did
not promulgate the approved draft regulations in final form.
Because we have already published our approval of the Conflict of
Interest provisions that Ohio has requested be withdrawn from
consideration, we are unable to merely withdraw those provisions.
Rather, we are seeking public comment on whether the removal of the
provisions identified below will render the approved Ohio program less
effective than SMCRA and the Federal regulations.
Ohio program amendment 69 was originally submitted by Ohio
by letter dated September 22, 1994 (Administrative Record Number OH-
2059). Revisions to amendment 69 were subsequently submitted
by letters dated March 8, 1995, and May 3, 1995 (Administrative Record
Numbers OH-2099 and OH-2115, respectively). We announced receipt of the
proposed amendments, and the two revisions, in the October 21, 1994;
March 17, 1995; and May 12, 1995; Federal Register (59 FR 53122, 60 FR
14401, and 60 FR 25660, respectively). The Conflict of Interest
provisions that we approved on July 17, 1995, and that Ohio proposes be
removed from the approved Ohio program, are identified below.
Financial Interest Statements (OAC [Ohio Administrative Code] Section
1501:13-1-03)
1. Definition of ``Employee''
Ohio proposed to revise paragraph (D)(2) to provide that members of
the Ohio Board on Unreclaimed Strip Mined Lands are included under the
definition of ``employee.'' Ohio also proposed to revise this paragraph
to provide that, for the purposes of OAC Section 1501:13-1-03, hearing
officers for the Ohio Reclamation Board of Review shall also be
included within the definition of ``employee.'' Ohio also proposed to
revise paragraphs (L)(1) and (2) to delete separate references to the
Reclamation Board of Review's hearing officers because those hearing
officers are to be included under the definition of ``employee'' in
this rule. In our July 17, 1995, approval of these revisions, OSM
stated that ``the inclusion of these persons under the State definition
of ``employee'' is appropriate and no less effective than the
corresponding Federal definition.''
2. Use of Financial Interest Statement Form by Members of the Ohio
Reclamation Board of Review
Ohio proposed to revise paragraph (I)(1) to require that employees
and members of the Ohio Reclamation Board of Review report all required
information concerning employment and financial interests on Form OSM-
23. In our July 17, 1995, approval of these revisions, OSM stated that
``* * * Ohio's requirement that its employees and members of the Ohio
Reclamation Board of Review file employment and financial interest
statements using OSM Form 23 is no less effective than the
corresponding Federal regulations at 30 CFR 705.10 and 705.11.''
3. Acceptance of Gifts and Gratuities by Members of the Ohio
Reclamation Board of Review
Ohio proposed to revise paragraph (J)(1) to prohibit, with certain
exceptions, 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. In our July 17, 1995,
approval of these revisions, OSM
[[Page 61697]]
stated that ``* * * the State requirement regarding members of the Ohio
Reclamation Board of Review is not inconsistent with the Federal
regulations at 30 CFR 705.18 or with the revisions which Ohio is making
elsewhere in this rule.''
4. Appeal of Remedial Actions
Ohio proposed to revise paragraph (L)(1) to specify that nothing in
OAC Section 1501:13-1-03 modifies any right of appeal that any employee
may have under State law of a decision by the Chief of the Division of
Natural Resources, on an employee's appeal of remedial action for
prohibited financial interests. In our July 17, 1995, approval of this
revision, OSM stated that ``* * * this provision is not inconsistent
with the Federal rule at 30 CFR 705.21(a) which allows employees to
file an appeal through established procedures within their State.''
Ohio also proposed to revise paragraph (L)(2) to provide that only
the Chief of the Division of Reclamation may appeal a remedial action
to the Director of OSM. In our July 17, 1995, approval of this
revision, OSM stated that ``Ohio's proposed paragraph (L)(2) is not
less effective than 30 CFR 705.21(b).''
Ohio also added paragraph (L)(3) to provide that members of the
Ohio Reclamation Board of Review may request advisory opinions from the
Director of OSM on issues pertaining to an apparent prohibited
financial interest. However, resolution of conflicts is governed by
section 1513.05 and 1513.29 of the Ohio Revised Code. In our July 17,
1995, approval of this new language, OSM stated that ``* * * the appeal
provision proposed in paragraph (L)(3) is not inconsistent with the
Federal regulations at 30 CFR 705.21 or with the revisions which Ohio
is making elsewhere in this rule.''
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 removal of these
amendments, they will no longer be part of the approved Ohio program.
Written Comments
Send your written comments to OSM at the address given above. Your
written comments should be specific, pertain 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 Region office identified above may
not be logged in.
Electronic Comments
Please submit Internet comments as an ASCII file avoiding the use
of special characters and any form of encryption. Please also include
``Attn: SATS No. OH-251-FOR,'' 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 Region office
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 p.m., local time, on
November 3, 2006.
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, to the
extent allowable 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 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
[[Page 61698]]
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 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on Federally-recognized Indian tribes
and have determined that the rule does not have substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian Tribes.
The basis for this determination is that our decision is on a State
regulatory program and does not involve a Federal program involving
Indian lands.
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 (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).
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 that 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.
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 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: September 29, 2006.
Michael K. Robinson,
Acting Regional Director, Appalachian Region.
[FR Doc. E6-17369 Filed 10-18-06; 8:45 am]
BILLING CODE 4310-05-P