[Federal Register: July 21, 2003 (Volume 68, Number 139)]
[Proposed Rules]
[Page 43063-43066]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jy03-37]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 935
[OH-249-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 amendments.
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SUMMARY: We are announcing receipt of a proposed amendment to the Ohio
regulatory program under the Surface Mining Control and Reclamation Act
of 1977 (SMCRA or the Act). The program amendment consists of changes
to the Ohio Administrative Code (OAC) to incorporate a variety of
changes related to the certification of blasters. The amendment is
intended to facilitate the certification of blasters in the State's
non-coal regulatory program as well as to upgrade the coal surface
mining blaster certification program.
DATES: We will accept written comments on this amendment until 4 p.m.
(local time), on August 20, 2003. If requested, we will hold a public
hearing on the amendment on August 15, 2003. We will accept requests to
speak at a hearing until 4 p.m. (local time), on August 5, 2003.
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, Appalachian Regional Coordinating Center,
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: Mr. George Rieger, Telephone: (412)
937-2153. Internet: grieger@osmre.gov.
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 10, 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 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 June 11, 2003, Ohio sent us a proposed amendment to
its program (Administrative Record Number OH-2183-00) under SMCRA (30
U.S.C. 1201 et seq.). Ohio sent the amendment to include changes made
at its own initiative. By electronic mail dated June 18, 2003, Ohio
sent us a revised version of the original submittal (Administrative
Record Number OH-2183-01)
The provision of the OAC that Ohio proposes to revise is: OAC
1501:13-9-10, concerning training, examination, and certification of
blasters. In its original submittal of this amendment, Ohio stated that
it has passed legislation extending the requirement for blasting
operations to be conducted by a certified blaster to apply to non-coal
surface mining as well as coal surface
[[Page 43064]]
mining. Therefore, Ohio is now proposing to extend OAC Section 1501:13-
9-10 to also apply to non-coal surface mining as well as coal surface
mining. Ohio is also proposing other amendments to OAC 1501:13-9-10.
The specific amendments to OAC 1501:13-9-10 are identified below.
The regulation at 13-9-10(A), General, is amended at 13-9-10(A)(1)
by adding the word ``surface'' and by adding the phrase ``in coal and
industrial minerals mines'' to the first sentence. As amended, 13-9-
10(A)(1) provides as follows:
(1) All surface blasting operations in coal and industrial
minerals mines, including surface blasting operations incident to
underground mining and blasting operations on coal exploration
operations, shall be conducted by a certified blaster who has
obtained certification pursuant to the requirements of this rule.
The regulation at 13-9-10(A), General, is amended by adding new 13-
9-10(A)(3) to provide as follows:
(3) The chief may grant reciprocity to any blaster who holds a
valid certification issued under any state or federal blaster
certification program approved by the U.S. Department of the
Interior's Office of Surface Mining. However, to obtain
certification under this rule, the blaster must apply for and pass
an examination on Ohio blasting regulations pertaining to coal and
industrial minerals mines, and meet any other requirement deemed
necessary by the chief.
The regulation at 13-9-10(B), Training, is amended by deleting the
word ``coal'' immediately before the words ``mining operations'' in the
first sentence. As amended, the sentence provides that ``[t]he chief
shall conduct workshops, as necessary, to inform blasters of changes in
blasting rules and certification procedures, and shall ensure that
courses are available to train persons responsible for the use of
explosives in mining operations.''
The regulation at 13-9-10(B)(7), Training, is amended by adding the
words ``in coal and non-coal surface mines.'' As amended, 13-9-10(B)(7)
provides as follows: ``(7) All federal and state rules applicable to
the use of explosives in coal and non-coal surface mines:''
The regulation at 13-9-10(B)(9), Training, is amended by deleting
the word ``Schedules'' and replacing that word with the words ``Blast
schedules.''
The regulation at 13-9-10(B)(14), Training, is amended by deleting
the word ``Unpredictable'' immediately before the word ``hazards,'' and
replacing that word with the word ``Potential.'' In addition, a new
item at 13-9-10(B)(14)(e) is added to read as follows: ``(e) Toxic
gases.'' The word ``and'' is deleted at the end of subdivision (14)(c),
and the word ``and'' is added at the end of subdivision (14)(d). As
amended, 13-9-10(B)(14) provides as follows:
(14) Potential hazards, including:
(a) Lightning;
(b) Stray currents;
(c) Radio waves;
(d) Misfires; and
(e) Toxic gases.
The regulation at 13-9-10(C)(1), concerning minimum training for
certification, is amended by adding the words ``a minimum of 30 hours
of'' immediately before the word ``training.'' The word ``in''
immediately following the word ``training'' is deleted and replaced
with the word ``covering.'' The words ``division of reclamation'' are
deleted and are replaced with the word ``chief.'' As amended, 13-9-
10(C)(1) provides as follows:
(1) Received a minimum of 30 hours of training covering all the
topics set forth in paragraph (B) of this rule in a course taught
under the supervision of the chief, or in a course, or series of
courses, deemed equivalent by the chief;
The regulation at 13-9-10(C)(2), concerning experience required for
certification, is amended by deleting most of the existing language and
adding language to provide as follows:
(2) Worked on a blasting crew or directly supervised a blasting
crew for at least two years in mining, excavation, or an equivalent
working environment;
The regulation at 13-9-10(C)(3), concerning on-the-job training is
new and provides as follows:
(3) Received direction and on-the-job training from a certified
blaster;
The regulation at 13-9-10(C)(5) ((C)(4) prior to the addition of
new (C)(3)), concerning written examination, is amended by correcting a
typographical error. The word ``if'' is deleted and replaced by the
word ``of.''
The regulation at 13-9-10(D)(1), concerning certification, is
amended by deleting the words ``or a certifying authority designated by
the chief,'' and replacing those words with the words ``or an
authorized representative.'' The phrase ``to accept responsibility for
blasting operations'' is amended to read ``to accept responsibility for
surface blasting operations in mines.'' The words ``under this rule and
rule 1501:13-9-06 of the Administrative Code'' are deleted. As amended,
13-9-10(D)(1) provides as follows:
(1) The chief, or an authorized representative, shall certify
for three years those persons examined and found to be competent and
to have the necessary experience to accept responsibility for
surface blasting operations in mines.
The regulation at 13-9-10(D)(2)(b), concerning recertification, is
deleted in its entirety and replaced with new language to provide as
follows:
(b) Received a minimum of 24 hours of continuing education by
attending blasting-related courses, seminars or conferences approved
by the chief or an authorized representative, with at least 8 hours
obtained from an organization or person other than the blaster's
employer or its parent company or explosives supplier.
The regulation at 13-9-10(E)(1), concerning conditions of
certification, is amended by adding the word ``mine'' immediately
before the words ``permit area.'' As amended, 13-9-10(E)(1) provides as
follows:
(1) A certificate of blaster certification, shall be carried by
a blaster, or shall be on file at the mine permit area, during
blasting operations.
The regulation at 13-9-10(E)(2), concerning conditions of
certification, is amended by deleting the words ``division of
reclamation'' and adding in their place the word ``chief.'' As amended,
13-9-10(E)(2) provides as follows:
(2) Upon request by an authorized representative of the chief or
other regulatory authority having jurisdiction over the use of
explosives, a blaster shall immediately exhibit his or her
certificate to the authorized representative.
The regulation at 13-9-10(E)(5), concerning conditions of
certification, is amended by deleting the words ``and certifying
authority designated by the chief.'' As amended, 13-9-10(E)(5) provides
as follows:
(5) A certified blaster shall take every reasonable precaution
to protect his or her certificate from loss, theft, or unauthorized
duplication. Any such occurrence shall be reported immediately to
the chief.
The regulation at 13-9-10(F)(1), concerning suspension and
revocation, is amended by deleting the words ``or a certifying
authority designated by the chief.'' As amended, 13-9-10(F)(1) provides
as follows:
(1) Following written notice and opportunity for a hearing, the
chief may, and upon a finding of willful conduct shall, suspend or
revoke the certification of a blaster during the term of the
certification, or take other necessary action for any of the
following reasons:
The regulation at 13-9-10(F)(1)(b), concerning suspension and
revocation, is amended by adding the words ``a blasting-related permit
condition'' immediately following the words ``laws or regulations.'' As
amended, 13-9-10(F)(1)(b) provides as follows:
[[Page 43065]]
(b) Violation of any provision of State or Federal explosives
laws or regulations, a blasting-related permit condition, or any
condition of certification;
The regulation at 13-9-10(F)(1)(f), concerning suspension and
revocation, is new and provides as follows:
(f) Conducting a blast where flyrock was cast beyond the permit
boundary of any mine.
The regulation at 13-9-10(F)(3), concerning suspension and
revocation, is amended by deleting the words ``or a designated
certifying authority,'' and adding in their place the words ``and may
work on a blasting crew only under the direct supervision of a
certified blaster.'' As amended, 13-9-10(F)(3) provides as follows:
(3) Upon notice of a suspension or revocation, the blaster shall
immediately surrender the suspended or revoked certificate and all
copies thereof to the chief, and may work on a blasting crew only
under the direct supervision of a certified blaster.
The regulation at 13-9-10(F)(4), concerning suspension and
revocation, is amended by deleting the phrase ``during the term of the
suspension,'; deleting paragraph (4)(a); paragraph (4)(b) becomes
(4)(a); paragraph 4(c) becomes paragraph 4(b) and then replacing the
word ``a'' with the word ``the'' at (4)(b); and adding a new paragraph
(4)(c). As amended 13-9-10(F)(4) provides as follows:
(4) To repossess a suspended certificate the blaster must:
(a) Exhibit a pattern of conduct consistent with the acceptance
of responsibility for blasting operations;
(b) Pass the written examination administered under paragraph
(C) of this rule; and
(c) Meet any other requirements imposed by the chief under the
terms of the suspension.
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 Ohio program.
Written Comments
Send your written or electronic 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 may 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, Word file avoiding the
use of special characters and any form of encryption. Please also
include ``Attn: SATS NO. OH-249-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 inspection 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. (local time),
on August 5, 2003. 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 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
will be 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 regulation.
Executive Order 12866--Regulatory Planning and Review
This rule is exempt from review by the Office of Management and
Budget 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 because
each 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
[[Page 43066]]
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, and
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 our decision is on a State
regulatory program and does not involve a Federal regulation 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
This rule does not require an environmental impact statement
because 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 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 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, Federal, State, or local government agencies, or geographic
regions; 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 analysis performed
under various laws and executive orders for the counterpart Federal
regulations.
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 analysis performed
under various laws and executive orders for the counterpart Federal
regulations.
List of Subjects in 30 CFR Part 935
Intergovernmental relations, Surface mining, Underground mining.
Dated: July 7, 2003.
Michael K. Robinson,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 03-18468 Filed 7-18-03; 8:45 am]
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