[Federal Register Volume 59, Number 74 (Monday, April 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9261]


[[Page Unknown]]

[Federal Register: April 18, 1994]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

 

Indiana Regulatory Program Amendment

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

ACTION: Proposed rule.

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SUMMARY: OSM is announcing receipt of a proposed amendment to the 
Indiana regulatory program (hereinafter referred to as the ``Indiana 
program'') under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). The proposed amendment (#94-1) consists of revisions to the 
Indiana statutes as may be the Indiana General Assembly and contained 
in Senate Enrolled Act (SEA) 408, SEA 319, and House Enrolled Act (HEA) 
1516. The amendment is intended to revise the Indiana program to be 
consistent with SMCRA and to incorporate State initiatives.

DATES: Written comments must be received by 4:00 p.m., e.s.t. May 18, 
1994. If requested, a public hearing on the proposed amendment will be 
held on May 13, 1994. Requests to speak at the hearing must be received 
by 4:00 p.m., e.s.t. on May 3, 1994. Any disabled individual who has 
need for a special accommodation to attend a public hearing should 
contact the individual listed under ``FOR FURTHER INFORMATION 
CONTACT.''

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Roger W. Calhoun, Director, Indianapolis 
Field Office at the first address listed below.
    Copies of the Indiana program the proposed amendment, a listing of 
any scheduled public hearings, 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. Procedure 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 March 21, 1994, (Administrative Record No. IND-
1341) Indiana submitted a proposed amendment to its program pursuant to 
SMCRA. The amendment consists of numerous program changes in the form 
of three sets of legislative changes.
    The first set of amended legislative provisions are contained in 
the 1994 SEA 408. These provisions concern bond forfeiture procedures, 
underground mine subsidence control, and permit revocation procedures. 
The provisions being amended by SEA 408 are:

IC 13-4.1-6-9  Forfeiture of bond; use of funds collected [Amend]
IC 13-4.1-9-2.5  Underground mining; subsidence; repair or compensation 
for damage [New]
IC 13-4.1-11-6  Suspension or revocation of permit [Amend]

    The second set of amended provisions is contained in the 1987 SEA 
319 (Pub. L. 7-1987). These provisions are intended primarily to 
substitute the then-repealed IC 4-22-1 with IC 4-21.5 concerning 
administrative orders and procedures. The provisions amended by SEA 319 
are:

IC 13-4.1-2-4  Petition to adopt, amend or repeal rule; procedure 
[Amend]
IC 13-4.1-4-3  Burden of establishing compliance; prime farmland 
[Amend]
IC 13-4.1-4-5  Issuance of permit; hearing on final determination 
[Amend]
IC 13-4.1-6-7  Release of bond or deposit [Amend]
IC 13-4.1-11-6  Suspension or revocation of permit [Amend]
IC 13-4.1-11-8  Review of notice or order; hearing; final decision; 
temporary relief [Amend]
IC 13-4.1-12-1  Civil penalties [Amend]
IC 13-4.1-13-1  Action of the director or commission subject to review 
[Amend]
IC 13-4.1-15-9  Hearings; use or disposition of acquired lands [Amend]

    The third set of amended provisions is contained in the 1987 HEA 
1516 (Pub. L. 13-1987). This provision amends the conflict of interest 
provisions to require members of the Indiana Natural Resources 
Commission to file financial interest reports with the Indiana State 
Board of Accounts. The specific provision being amended by HEA 1516 is:

IC 13-4.1-2-3  Conflict of interest; offense [Amend]

III. Public Comment Procedures

    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.

Public Hearing

    Persons wishing to speak at the public hearing should contact the 
person listed under ``FOR FURTHER INFORMATION CONTACT'' by 4:00 p.m., 
e.s.t. on May 3, 1994. The location and time of the hearing will be 
arranged with those persons requesting the hearing. If no one requests 
an opportunity to testify at the public hearing, the hearing will not 
be held.
    Filing of a written statement at the time of the hearing is 
requested as it will greatly assist the transcriber. Submission of 
written statements in advance of the hearing will allow OSM officials 
to prepare adequate responses and appropriate questions.
    The public hearing will continue on the specified date until all 
persons scheduled to speak have been heard. Persons in the audience who 
have not been scheduled to speak, and who wish to do so, will be heard 
following those who have been scheduled. The hearing will end after all 
persons scheduled to speak and persons present in the audience who wish 
to speak have been heard.

Public Meeting

    If only one person requests an opportunity to speak at a hearing, a 
public meeting, rather than a public hearing, may be held. Persons 
wishing to meet with OSM representatives to discuss the proposed 
amendment may 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, notices of meetings will be posted in 
advance at the locations listed under ``ADDRESSES.'' A written summary 
of each meeting will be made a part of 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 a specific State, 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 meet.

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: April 12, 1994.
Robert J. Biggi,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-9261 Filed 4-15-94; 8:45 am]
BILLING CODE 4310-05-M