Ohio Regulatory Program, 10638-10640 [2020-03750]
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10638
Federal Register / Vol. 85, No. 37 / Tuesday, February 25, 2020 / Proposed Rules
that each person who speaks at the
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.
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 12866 provides that
the Office of Information and Regulatory
Affairs in the Office of Management and
Budget (OMB) will review all significant
rules. Pursuant to OMB guidance, dated
October 12, 1993, the approval of State
program amendments is exempted from
OMB review under Executive Order
12866. Executive Order 13563, which
reaffirms and supplements Executive
Order 12866, retains this exemption.
jbell on DSKJLSW7X2PROD with PROPOSALS
Other Laws and Executive Orders
Affecting Rulemaking
When a State submits a program
amendment to OSMRE for review, our
regulations at 30 CFR 732.17(h) require
us to publish a notice in the Federal
Register indicating receipt of the
proposed amendment, its text or a
summary of its terms, and an
opportunity for public comment. We
conclude our review of the proposed
amendment after the close of the public
comment period and determine whether
the amendment should be approved,
approved in part, or not approved. At
that time, we will also make the
determinations and certifications
required by the various laws and
executive orders governing the
rulemaking process and include them in
the final rule.
18:35 Feb 24, 2020
Jkt 250001
Intergovernmental relations, Surface
mining, Underground mining.
Dated: December 18, 2019.
Thomas D. Shope,
Regional Director, North Atlantic—
Appalachian Region.
[FR Doc. 2020–03752 Filed 2–24–20; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 935
[SATS No. OH–256–FOR; Docket ID: OSM–
2017–0004; S1D1S SS08011000 SX064A000
201S180110 S2D2S SS08011000 SX064A000
20XS501520]
Ohio Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment
period and opportunity for public
hearing on proposed amendment.
AGENCY:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSMRE), 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). Through this proposed
amendment, Ohio seeks to revise its
program to require that an applicant
acquire legal right to enter during the
term of the permit, in addition Ohio is
asking for approval of the
implementation of offsite mitigation
guidelines.
This document gives the times and
locations that the Ohio program and this
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 4:00
p.m., Eastern Standard Time (e.s.t.),
March 26, 2020. If requested, we will
hold a public hearing on the
amendment on March 23, 2020. We will
accept requests to speak at a hearing
until 4:00 p.m., e.s.t. on March 11, 2020.
ADDRESSES: You may submit comments,
identified by SATS No. OH–256–FOR,
by any of the following methods:
• Mail/Hand Delivery: Mr. Ben
Owens, Field Office Director, Pittsburgh
Field Office, Office of Surface Mining
SUMMARY:
Executive Order 12866—Regulatory
Planning and Review and Executive
Order 13563—Improving Regulation
and Regulatory Review
VerDate Sep<11>2014
List of Subjects in 30 CFR Part 935
PO 00000
Frm 00014
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Reclamation and Enforcement, 3
Parkway Center, Pittsburgh, Pa 15220.
• Fax: (412) 937–2177.
• Federal eRulemaking Portal: The
amendment has been assigned Docket
ID: OSM–2017–004. If you would like to
submit comments go to https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Comment Procedures’’ heading
of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to
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, you must go to the address
listed below during normal business
hours, Monday through Friday,
excluding holidays. You may receive
one free copy of the amendment by
contacting OSMRE’s Pittsburgh Field
Office, or the full text of the program
amendment is available for you to read
at www.regulations.gov.
Mr. Ben Owens, Field Office Director,
Pittsburgh Field Office, Office of
Surface Mining Reclamation and
Enforcement, 3 Parkway Center,
Pittsburgh, Pa 15220, Telephone:
(412) 937–2827, Email: bowens@
osmre.gov
In addition, you may review a copy of
the amendment during regular business
hours at the following location:
Mr. Dave Crow, Acting Chief, Ohio
Department of Natural Resources,
Division of Mineral Resources
Management, 2045 Morse Road,
Building H2, Telephone: (614) 265–
1020, Email: dave.crow@
dnr.state.oh.us
FOR FURTHER INFORMATION CONTACT:
Mr.
Ben Owens, Field Office Director,
Pittsburgh Field Office, 3 Parkway
Center, Pittsburgh, Pa. 15220.
Telephone: (412) 937–2827, email:
bowens@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Ohio Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Statutory and Executive Order Reviews
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
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Federal Register / Vol. 85, No. 37 / Tuesday, February 25, 2020 / Proposed Rules
jbell on DSKJLSW7X2PROD with PROPOSALS
by demonstrating that its program
includes, among other things, State laws
and regulations that govern surface coal
mining and reclamation operations in
accordance with the Act and consistent
with the Federal regulations. 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 the Ohio
program and program amendments at 30
CFR 935.10, 935.11, and 935.15.
II. Description of the Proposed
Amendment
By letter dated October 5, 2015
(Administrative Record No. OH–2193–
01), Ohio sent us an amendment to its
program, known as Ohio Program
Amendment No. 84, which includes
statutory changes to its Ohio Revised
Code (ORC). The statutory revision in
Ohio House Bill 64 of the 131st General
Assemble was signed and became
effective September 29, 2015. The
proposed amendment included changes
to Section 1513.06 to allow the off-site
mitigation of the unavoidable loss of
streams and wetlands which cannot be
restored on site. Section 1513.07
includes two changes to the Right of
Entry (ROE) requirements: (1) To change
the mapping section which currently
requires maps to identify lands to be
affected, lands where applicants has
legal ROE, and adds a section for lands
for which the applicant will acquire
ROE during the term of the permit, and
(2) to allow acceptance of an application
as administratively complete as long as
the applicant has ROE for at least 67%
of the area for which coal mining
operations are proposed.
By letter dated November 20, 2017
(Administrative Record No. OH–2193–
06), Ohio sent OSMRE an addendum to
its program, known by Ohio as Program
Amendment No. 84, which includes
statutory changes to its Ohio Revised
Code (ORC). The statutory revision in
Ohio House Bill 49 of the 132nd General
Assemble was signed and became
effective June 20, 2017. The proposed
addendum includes changes Section
1501:13–4–03(D)(1) changing the word
description to Notarized statement;
(D)(2) is added to require that the
application include a notarized
statement identifying the specific land
for which the applicant is negotiating to
acquire the legal right to enter and begin
coal mining in the permit area, for
VerDate Sep<11>2014
20:31 Feb 24, 2020
Jkt 250001
surface mining operations, or in the
permit and shadow areas, for
underground mining operations, during
the term of the permit.
Section 1501:13–5–01 (A)(1)(g) is
proposed to be added to state that if the
application for a coal mining permit,
permit renewal, or permit revision
includes a request for restoration off the
permit area by means of mitigation, this
must be specified in the public notice;
(G)(3) is revised to add a provision from
Section 1513.07(I)(4) enacted by HB 64,
effective September 29, 2015: The
permit shall contain a specific condition
to prohibit the commencement of coal
mining operations on any land that is
located within the permit area or the
shadow area if the permittee has not
provided to the chief documents that
form the basis of the permittee’s legal
right to enter and conduct coal mining
operations on that land.
Section 1501:13–9–04 (E)(1) is
proposed to clarify how to measure the
distance from the stream: ‘‘measured
horizontally.’’ (E)(1)(c) is proposed to
add a provision regarding restoration off
the permit area by means of mitigation.
(F)(2)(d) is proposed to be add a new
paragraph to mirror a requirement of 30
CFR 816.43(b)(4). (H)(1)(a) is proposed
to update addresses.
Section 1501:13–13–08 is proposed to
be added to implement and amplify
ORC Section 1513.16(A)(25), enacted by
HB 64 of the 131st General Assembly,
effective September 29, 2015.
The full text of the program
amendment is available for you to read
at the locations listed above under
ADDRESSES or at www.regulations.gov.
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 State program.
Electric or Written Comments
If you submit written or electronic
comments on the proposed rule during
the 30-day comment period, they should
be specific, confined to issues pertinent
to the proposed regulations, and explain
the reason for any recommended
change(s). We appreciate any and all
comments, but those most useful and
likely to influence decisions on the final
regulations will be those that either
involve personal experience or include
citations to and analyses of SMCRA, its
legislative history, its implementing
regulations, case law, other pertinent
State or Federal laws or regulations,
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10639
technical literature, or other relevant
publications.
We cannot ensure that comments
received after the close of the comment
period (see DATES) or sent to an address
other than those listed (see ADDRESSES)
will be included in the docket for this
rulemaking and considered.
Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment including your
personal identifying information, may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
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 March 11, 2020. If
you are disabled and need reasonable
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
a hearing.
To assist the transcriber and ensure an
accurate record, we request, if possible,
that each person who speaks at the
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.
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.
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Federal Register / Vol. 85, No. 37 / Tuesday, February 25, 2020 / Proposed Rules
IV. Statutory and Executive Order
Reviews
ACTION:
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs in the Office of Management and
Budget (OMB) will review all significant
rules. Pursuant to OMB guidance, dated
October 12, 1993, the approval of State
program amendments is exempted from
OMB review under Executive Order
12866. Executive Order 13563, which
reaffirms and supplements Executive
Order 12866, retains this exemption.
Other Laws and Executive Orders
Affecting Rulemaking
When a State submits a program
amendment to OSMRE for review, our
regulations at 30 CFR 732.17(h) require
us to publish a notice in the Federal
Register indicating receipt of the
proposed amendment, its text or a
summary of its terms, and an
opportunity for public comment. We
conclude our review of the proposed
amendment after the close of the public
comment period and determine whether
the amendment should be approved,
approved in part, or not approved. At
that time, we will also make the
determinations and certifications
required by the various laws and
executive orders governing the
rulemaking process and include them in
the final rule.
List of Subjects in 30 CFR Part 935
Intergovernmental relations, Surface
mining, Underground mining.
Dated: November 14, 2019.
Thomas D. Shope,
Regional Director, North Atlantic—
Appalachian Region.
DEPARTMENT OF HOMELAND
SECURITY
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Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0103]
RIN 1625–AA00
Safety Zone; Ohio River, Troy, IN
AGENCY:
Coast Guard, DHS.
VerDate Sep<11>2014
18:35 Feb 24, 2020
Jkt 250001
Comments and related material
must be received by the Coast Guard on
or before March 26, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0103 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
DATES:
If
you have questions on this rule, call or
email MST3 Riley Jackson, Waterways
Department Sector Ohio Valley, U.S.
Coast Guard; telephone 502–779–5347,
email SECOHV-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
Editorial Note: The Office of the Federal
Register received this document on February
20, 2020.
BILLING CODE 4310–05–P
The Coast Guard is proposing
to establish a temporary safety zone for
all navigable waters of the Ohio River
from mile marker (MM) 731.0 to MM
734.0. This action is necessary to
provide for the safety of life on these
navigable waters near Troy, IN, during
a wire-crossing event. Entry into,
transiting through, or anchoring within
this zone is prohibited unless
authorized by the Captain of the Port
Sector Ohio Valley (COTP) or a
designated representative. We invite
your comments on this proposed
rulemaking.
SUMMARY:
Executive Order 12866—Regulatory
Planning and Review and Executive
Order 13563—Improving Regulation
and Regulatory Review
[FR Doc. 2020–03750 Filed 2–24–20; 8:45 am]
Notice of proposed rulemaking.
On July 22, 2019, the Coast Guard was
notified of a wire crossing event that
will take place on the Ohio River,
between Mile Marker (MM) 731.0 &
734.0 from 7 a.m. through 6 p.m. each
day from April 14, 2020, through April
23, 2020. The Captain of the Port Sector
Ohio Valley (COTP) has determined that
potential hazards associated with the
wire crossing would be a safety concern
for anyone within a three mile radius of
the construction area.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within the three-mile
stretch of the Ohio River before, during,
and after the scheduled event. The Coast
Guard is proposing this rulemaking
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
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III. Discussion of Proposed Rule
The COTP is proposing to establish a
temporary safety zone from 7 a.m.
through 6 p.m. on each day from April
14, 2020 through April 23, 2020. The
temporary safety zone would cover all
navigable waters on the Ohio River
extending from MM 731.0 to MM 734.0.
The duration of the zone is intended to
ensure the safety of life & property
within the three-mile stretch of the Ohio
River before, during, and after the
scheduled wire crossing. No vessel or
person would be permitted to enter the
temporary safety zone without obtaining
permission from the COTP or a
designated representative.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, and
duration of the temporary safety zone.
The temporary safety zone would only
be in effect for 11 hours each day over
ten days and limit access to a three-mile
stretch of the Ohio River. The Coast
Guard expects minimum adverse impact
to mariners. Also, mariners would be
permitted to request authorization from
the COTP or a designated representative
to transit the temporary safety zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
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]]>Agencies
[Federal Register Volume 85, Number 37 (Tuesday, February 25, 2020)]
[Proposed Rules]
[Pages 10638-10640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03750]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 935
[SATS No. OH-256-FOR; Docket ID: OSM-2017-0004; S1D1S SS08011000
SX064A000 201S180110 S2D2S SS08011000 SX064A000 20XS501520]
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.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), 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). Through this proposed
amendment, Ohio seeks to revise its program to require that an
applicant acquire legal right to enter during the term of the permit,
in addition Ohio is asking for approval of the implementation of
offsite mitigation guidelines.
This document gives the times and locations that the Ohio program
and this 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 4:00
p.m., Eastern Standard Time (e.s.t.), March 26, 2020. If requested, we
will hold a public hearing on the amendment on March 23, 2020. We will
accept requests to speak at a hearing until 4:00 p.m., e.s.t. on March
11, 2020.
ADDRESSES: You may submit comments, identified by SATS No. OH-256-FOR,
by any of the following methods:
Mail/Hand Delivery: Mr. Ben Owens, Field Office Director,
Pittsburgh Field Office, Office of Surface Mining Reclamation and
Enforcement, 3 Parkway Center, Pittsburgh, Pa 15220.
Fax: (412) 937-2177.
Federal eRulemaking Portal: The amendment has been
assigned Docket ID: OSM-2017-004. If you would like to submit comments
go to https://www.regulations.gov. Follow the instructions for
submitting comments.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. For detailed instructions on
submitting comments and additional information on the rulemaking
process, see the ``Public Comment Procedures'' heading of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: For access to the docket to 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, you
must go to the address listed below during normal business hours,
Monday through Friday, excluding holidays. You may receive one free
copy of the amendment by contacting OSMRE's Pittsburgh Field Office, or
the full text of the program amendment is available for you to read at
www.regulations.gov.
Mr. Ben Owens, Field Office Director, Pittsburgh Field Office, Office
of Surface Mining Reclamation and Enforcement, 3 Parkway Center,
Pittsburgh, Pa 15220, Telephone: (412) 937-2827, Email:
[email protected]
In addition, you may review a copy of the amendment during regular
business hours at the following location:
Mr. Dave Crow, Acting Chief, Ohio Department of Natural Resources,
Division of Mineral Resources Management, 2045 Morse Road, Building H2,
Telephone: (614) 265-1020, Email: [email protected]
FOR FURTHER INFORMATION CONTACT: Mr. Ben Owens, Field Office Director,
Pittsburgh Field Office, 3 Parkway Center, Pittsburgh, Pa. 15220.
Telephone: (412) 937-2827, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Ohio Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Statutory and Executive Order Reviews
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
[[Page 10639]]
by demonstrating that its program includes, among other things, State
laws and regulations that govern surface coal mining and reclamation
operations in accordance with the Act and consistent with the Federal
regulations. 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 the Ohio program and program amendments at 30 CFR
935.10, 935.11, and 935.15.
II. Description of the Proposed Amendment
By letter dated October 5, 2015 (Administrative Record No. OH-2193-
01), Ohio sent us an amendment to its program, known as Ohio Program
Amendment No. 84, which includes statutory changes to its Ohio Revised
Code (ORC). The statutory revision in Ohio House Bill 64 of the 131st
General Assemble was signed and became effective September 29, 2015.
The proposed amendment included changes to Section 1513.06 to allow the
off-site mitigation of the unavoidable loss of streams and wetlands
which cannot be restored on site. Section 1513.07 includes two changes
to the Right of Entry (ROE) requirements: (1) To change the mapping
section which currently requires maps to identify lands to be affected,
lands where applicants has legal ROE, and adds a section for lands for
which the applicant will acquire ROE during the term of the permit, and
(2) to allow acceptance of an application as administratively complete
as long as the applicant has ROE for at least 67% of the area for which
coal mining operations are proposed.
By letter dated November 20, 2017 (Administrative Record No. OH-
2193-06), Ohio sent OSMRE an addendum to its program, known by Ohio as
Program Amendment No. 84, which includes statutory changes to its Ohio
Revised Code (ORC). The statutory revision in Ohio House Bill 49 of the
132nd General Assemble was signed and became effective June 20, 2017.
The proposed addendum includes changes Section 1501:13-4-03(D)(1)
changing the word description to Notarized statement; (D)(2) is added
to require that the application include a notarized statement
identifying the specific land for which the applicant is negotiating to
acquire the legal right to enter and begin coal mining in the permit
area, for surface mining operations, or in the permit and shadow areas,
for underground mining operations, during the term of the permit.
Section 1501:13-5-01 (A)(1)(g) is proposed to be added to state
that if the application for a coal mining permit, permit renewal, or
permit revision includes a request for restoration off the permit area
by means of mitigation, this must be specified in the public notice;
(G)(3) is revised to add a provision from Section 1513.07(I)(4) enacted
by HB 64, effective September 29, 2015: The permit shall contain a
specific condition to prohibit the commencement of coal mining
operations on any land that is located within the permit area or the
shadow area if the permittee has not provided to the chief documents
that form the basis of the permittee's legal right to enter and conduct
coal mining operations on that land.
Section 1501:13-9-04 (E)(1) is proposed to clarify how to measure
the distance from the stream: ``measured horizontally.'' (E)(1)(c) is
proposed to add a provision regarding restoration off the permit area
by means of mitigation. (F)(2)(d) is proposed to be add a new paragraph
to mirror a requirement of 30 CFR 816.43(b)(4). (H)(1)(a) is proposed
to update addresses.
Section 1501:13-13-08 is proposed to be added to implement and
amplify ORC Section 1513.16(A)(25), enacted by HB 64 of the 131st
General Assembly, effective September 29, 2015.
The full text of the program amendment is available for you to read
at the locations listed above under ADDRESSES or at
www.regulations.gov.
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 State program.
Electric or Written Comments
If you submit written or electronic comments on the proposed rule
during the 30-day comment period, they should be specific, confined to
issues pertinent to the proposed regulations, and explain the reason
for any recommended change(s). We appreciate any and all comments, but
those most useful and likely to influence decisions on the final
regulations will be those that either involve personal experience or
include citations to and analyses of SMCRA, its legislative history,
its implementing regulations, case law, other pertinent State or
Federal laws or regulations, technical literature, or other relevant
publications.
We cannot ensure that comments received after the close of the
comment period (see DATES) or sent to an address other than those
listed (see ADDRESSES) will be included in the docket for this
rulemaking and considered.
Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment including your personal identifying
information, may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
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
March 11, 2020. If you are disabled and need reasonable 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 a hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at the 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.
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.
[[Page 10640]]
IV. Statutory and Executive Order Reviews
Executive Order 12866--Regulatory Planning and Review and Executive
Order 13563--Improving Regulation and Regulatory Review
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs in the Office of Management and Budget (OMB) will
review all significant rules. Pursuant to OMB guidance, dated October
12, 1993, the approval of State program amendments is exempted from OMB
review under Executive Order 12866. Executive Order 13563, which
reaffirms and supplements Executive Order 12866, retains this
exemption.
Other Laws and Executive Orders Affecting Rulemaking
When a State submits a program amendment to OSMRE for review, our
regulations at 30 CFR 732.17(h) require us to publish a notice in the
Federal Register indicating receipt of the proposed amendment, its text
or a summary of its terms, and an opportunity for public comment. We
conclude our review of the proposed amendment after the close of the
public comment period and determine whether the amendment should be
approved, approved in part, or not approved. At that time, we will also
make the determinations and certifications required by the various laws
and executive orders governing the rulemaking process and include them
in the final rule.
List of Subjects in 30 CFR Part 935
Intergovernmental relations, Surface mining, Underground mining.
Dated: November 14, 2019.
Thomas D. Shope,
Regional Director, North Atlantic--Appalachian Region.
Editorial Note: The Office of the Federal Register received
this document on February 20, 2020.
[FR Doc. 2020-03750 Filed 2-24-20; 8:45 am]
BILLING CODE 4310-05-P
