[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]


30 CFR Part 914

Indiana Regulatory Program Amendment

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 

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 

DATES: Written comments must be received by 4 p.m., e.s.t. April 12, 

ADDRESSES: Written comments should be mailed or hand delivered to Roger 
W. Calhoun, Director, Indianapolis Field Office at the address listed 
    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-
Indiana Department of Natural Resources, 402 West Washington Street, 
room C256, Indianapolis, Indiana 46204, Telephone: (317) 232-1547.

Indianapolis Field Office, Telephone: (317) 226-6166.


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-

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. 

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]