[Federal Register Volume 59, Number 59 (Monday, March 28, 1994)] [Unknown Section] [Page ] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-7197] [Federal Register: March 28, 1994] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR 30 CFR Part 914 Indiana Regulatory Program Amendment AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), Interior. ACTION: Proposed Rule; Reopening and Extension of Public Comment Period on Proposed Amendment. ----------------------------------------------------------------------- SUMMARY: OSM is announcing receipt of additional revisions pertaining to previously proposed amendment No. 93-3 to the Indiana regulatory program (hereinafter referred to as the ``Indiana program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The revisions of Indiana's proposed rules pertain to ultimate authority for the department, and record of the director for surface coal mining permits. The amendment is intended to revise Indiana's rules at 310 IAC 0.6 to reflect statutory changes contained in the 1992 Senate Enrolled Act 154. This document sets forth the times and locations that the Indiana program and proposed amendment to that program are available for public inspection, and dates and times of the reopened comment period during which interested persons may submit written comments on the proposed amendment. DATES: Written comments must be received by 4 p.m., e.s.t. April 12, 1994. ADDRESSES: Written comments should be mailed or hand delivered to Roger W. Calhoun, Director, Indianapolis Field Office at the address listed below. Copies of the Indiana program, the proposed amendment, 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 Indianapolis Field Office. Roger W. Calhoun, Director, Indianapolis Field Office, Office of Surface Mining Reclamation and Enforcement, Minton-Capehart Federal Building, room 301, Indianapolis, Indiana 46204, Telephone: (317) 226- 6166. Indiana Department of Natural Resources, 402 West Washington Street, room C256, Indianapolis, Indiana 46204, Telephone: (317) 232-1547. FOR FURTHER INFORMATION CONTACT: Roger W. Calhoun, Director, Indianapolis Field Office, Telephone: (317) 226-6166. SUPPLEMENTARY INFORMATION: I. Background on the Indiana Program II. Discussion of the Proposed Amendment III. Public Comment Procedures IV. Procedural Determinations I. Background on the Indiana Program On July 29, 1982, the Secretary of the Interior conditionally approved the Indiana program. Background information on the Indiana program, including the Secretary's findings, the disposition of comments, and the conditions of approval can be found in the July 26, 1982, Federal Register (47 FR 32071). Subsequent actions concerning the conditions of approval and program amendments can be found at 30 CFR 914.10, 914.15, and 914.16. II. Discussion of the Proposed Amendment By letter dated April 2, 1993, (Administrative Record No. IND-1217) Indiana submitted proposed amendment 93-3 to its program pursuant to SMCRA. Indiana submitted the proposed amendment at its own initiative. The provisions that Indiana proposes to amend are: 310 IAC 0.6-1-2 concerning applicability of the rule; 310 IAC 0.6- 1-2.5 concerning ultimate authority for the Department of Natural Resources (IDNR); and 310 IAC 0.6-1-17 concerning record of the director of the IDNR for surface coal mining permits. OSM announced receipt of the proposed amendment in the April 23, 1993, Federal Register (58 FR 21693) and invited public comment on its adequacy. During its review of the amendment, OSM identified additional changes to the rules which had not been previously reviewed and approved by OSM. Consequently, OSM reopened the public comment period to provide opportunity for public comment on those rules which had not been identified as amendments in the initial comment period (September 21, 1993; 58 FR 48996). By telefax dated March 10, 1994 (Administrative Record No. IND- 1339), Indiana submitted a version of the proposed amendment which differs from that provided to OSM during the original submittal of April 2, 1993. OSM is, therefore, reopening the public comment period and inviting comment on the substantive changes identified below. 1. 310 IAC 0.6-1-2.5 Ultimate Authority for the Department Subsection 2.5(b) is amended by deleting the words ``permit revision application.'' With this change, the administrative law judge (ALJ) is the ultimate authority for the IDNR except for proceedings concerning the approval or disapproval of a permit application or permit review under IC 13-4.1-4-5 and proceedings for suspension or revocation of a permit under IC 13-4.1-11-6. 2. 310 IAC 0.6-1-17 Record of the Director of the IDNR for Surface Coal Mining Permits Subsection 17(c) is amended to add the following language after the first sentence. ``However, nothing in this subsection precludes the admission of testimony or exhibits which are limited to the explanation or analysis of materials included in the record before the director, or the manner in which the materials were applied, used, or relied upon in evaluating the application.'' Indiana is also amending the third sentence (formerly the second sentence) to provide that timely objections may be made ``before or during'' a hearing. Prior to this change, timely objections were to be made at a hearing. Finally, subdivision 17(c)(2) is amended to read: ``[T]he permit application as defined at 310 IAC 12-0.5-10.'' Prior to this change, the proposed language did include the words ``as defined at 310 IAC 12- 0.5-10.'' III. Public Comment Procedures OSM is reopening the comment period on the proposed Indiana program amendment to provide the public an opportunity to reconsider the adequacy of the proposed amendment in light of the additional changes submitted. 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. If the amendment is deemed adequate, it will become part of the Indiana 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 Indianapolis Field Office will not necessarily be considered in the final rulemaking or included in the Administrative Record. IV. Procedural Determinations Executive Order 12866 This proposed rule is exempted from review by the Office of Management and Budget (OMB) under Executive Order 12866 (Regulatory Planning and Review). Executive Order 12778 The Department of the Interior has conducted the reviews required by section 2 of Executive Order 12778 (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 Indiana, 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. List of Subjects in 30 CFR Part 914 Intergovernmental relations, Surface mining, Underground mining. Dated: March 18, 1994. Robert J. Biggi, Acting Assistant Director, Eastern Support Center. [FR Doc. 94-7197 Filed 3-25-94; 8:45 am] BILLING CODE 4310-DS-M