[Federal Register Volume 59, Number 179 (Friday, September 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22960]


[[Page Unknown]]

[Federal Register: September 16, 1994]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

 

Indiana Regulatory Program

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing.

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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 (#94-2) consists of miscellaneous 
revisions to the Indiana rules. The amendment is intended to revise the 
Indiana program to eliminate topographical clerical, and spelling 
errors and to amend those instances where the word ``commission'' 
should be changed to ``director'' in accordance with Indiana Senate 
Enrolled Act (SEA)362.

DATES: Written comments must be received by 4 pm, E.S.T. October 17, 
1994. If requested, a public hearing on the proposed amendment will be 
held on October 11, 1994. Requests to speak at the hearing must be 
received by 4 pm, E.S.T. on October 3, 1994.

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. 
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.

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

    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 August 25, 1994 (Administrative Record No. IND-
1394), Indiana submitted program amendment #94-2 concerning 
miscellaneous revisions to the Indiana rules to eliminate 
typographical, clerical, and spelling errors and to amend those 
instances where the word ``commission'' should be changed to 
``director'' in accordance with Indiana SEA 362. OSM approved SEA 362 
as a program amendment on August 2, 1991 (56 FR 37016). By letter dated 
August 30, 1994, (Administrative Record Number IND-1395) Indiana 
submitted additional information to supplement the original submittal 
of August 25, 1994. The supplemental materials consist of a copy of the 
rules being amended in those instances where ``commissioner'' is being 
changed to ``director.'' The proposed amendments are summarized as 
follows.
    A. Under IC 4-22-2-38 and IC 13-4.1, the following typographical, 
clerical, or spelling errors are being corrected, or the following 
changes from ``commission'' to ``director'' are being made:
    (1) In 310 IAC 12-0.5-9, delete ``commission'' and insert 
``director.''
    (2) In 310 IAC 12-0.5-19, after ``who,'' insert ``has the following 
qualifications.''
    (3) In 310 IAC 12-0.5-19(1), delete ``has'' and insert ``Has,'' and 
delete ``blaster;'' and insert ``blaster.''
    (4) In 310 IAC 12-0.5-19(2), delete ``has'' and insert ``Has.'' and 
delete ``technology;'' and insert ``technology.''
    (5) In 310 IAC 12-0.5-19(3), delete ``has'' and insert ``Has,'' and 
delete ``examination; and'' and insert ``examination''.
    (6) In 310 IAC 12-0.5-19(4), delete ``holds'' and insert ``Holds,'' 
and delete ``commission'' and insert ``director.''
    (7) In 310 IAC 12-0.5-71, delete ``commission'' and insert 
``director.''
    (8) In 310 IAC 12-0.5-85, delete ``or the commission.''
    (9) In 310 IAC 12-0.5-86, delete ``commission'' and insert 
``director,'' and delete ``its'' and insert ``the director's.''
    (10) In 310 IAC 12-0.5-87, delete ``commission'' and insert 
``director.''
    (11) In 310 IAC 12-0.5-101, delete ``commission'' and insert 
``director.''
    (12) In 310 IAC 12-0.5-131, after ``reclamation,'' insert 
``operation,'' and delete ``or the commission.''
    (13) In 310 IAC 12-2-7(d), delete ``commission'' and insert 
``director.''
    (14) In 310 IAC 12-3-6(a), delete ``commission'' and insert 
``director.''
    (15) In 310 IAC 12-3-43(c), delete ``by the commission, Indiana 
Bureau'' and insert ``by the director, the Indiana Bureau.''
    (16) In 310 IAC 12-3-104(a), delete ``commission'' and insert 
``director.''
    (17) In 310 IAC 12-3-116(b), delete ``commission'' and insert 
``director.''
    (18) In 310 IAC 12-3-118(a), delete ``IC 4-22-1'' and insert IC 4-
21.5.''
    (19) In 310 IAC 12-3-118(b), after ``commission's,'' insert ``or 
director's.''
    (20) In 310 IAC 12-3-118(c)(4), delete ``commission'' and insert 
``director.''
    (21) In 310 IAC 12-3-126, delete ``these regulations'' and insert 
``310 IAC 12,'' and delete ``Commission'' and insert ``director.''
    (22) In 310 IAC 12-4-17(a), delete ``commission'' and insert 
``director.''
    (23) In 310 IAC 12-4-17(b), delete ``commission'' and insert 
``director.''
    (24) In 310 IAC 12-4-17(c), delete ``commission'' and insert 
``director'' two times.
    (25) In 310 IAC 12-4-17(d)(1), delete ``department's'' and insert 
``director's.''
    (26) In 310 IAC 12-4-17(d)(2), delete ``IC 4-22-1'' and insert ``IC 
4-21.5.''
    (27) In 310 IAC 12-4-17(d)(3), delete ``department'' and insert 
``director.''
    (28) In 310 IAC 12-4-17(e), delete ``commission'' and insert 
``director.''
    (29) In 310 IAC 12-4-17(f), delete ``department'' and insert 
''director.''
    (30) In 310 IAC 12-4-17(g), delete ``department'' and insert 
``director.''
    (31) In 310 IAC 12-5-18(a), delete ``commission or the'' and insert 
``director.''
    (32) In 310 IAC 12-5-18(a)(2), delete ``310 IAC 12-5-21(e)'' and 
insert ``section 21(e) of this rule.''
    (33) In 310 IAC 12-5-18(c), delete ``310 IAC 12-5-30'' and insert 
``section 30 of this rule.''
    (34) In 310 IAC 12-5-18(e), delete ``310 IAC 12-5-5 through 310 IAC 
12-5-71'' and insert ``sections 5 through 17 of this rule, this 
section, and sections 19 through 71 of this rule.''
    (35) In 310 IAC 12-5-19(a), delete ``310 IAC 12-5-18'' and insert 
``section 18 of this rule.''
    (36) In 310 IAC 12-5-19(b)(1), delete ``commission'' and insert 
``director.''
    (37) In 310 IAC 12-5-19(b)(3), delete ``310 IAC 12-5-18(d)(2)'' and 
insert ``section 18(d)(2) of this rule.''
    (38) In 310 IAC 12-5-19(c)(2), delete ``310 IAC 12-5-18'' and 
insert ``section 18 of this rule.''
    (39) In 310 IAC 12-5-19(c)(3), delete ``310 IAC 12-5-18(d)(2)'' and 
insert ``section 18(d)(2) of this rule.''
    (40) In 310 IAC 12-5-32(a), delete ``commission'' and insert 
``director.''
    (41) In 310 IAC 12-5-55.1(g), delete ``commission'' and insert 
``director,'' and delete ``(or the director may approve).''
    (42) In 310 IAC 12-5-55.1(i), delete ``commission'' and insert 
``director.''
    (43) In 310 IAC 12-5-55.1(k)(1), delete ``commission'' and insert 
``director.''
    (44) In 310 IAC 12-5-55.1(l), delete ``commission'' and insert 
``director,'' and delete ``(or the director may approve).''
    (45) In 310 IAC 12-5-84(a), delete ``the commission or.''
    (46) In 310 IAC 12-5-84(a)(2), delete ``310 IAC 12-5-87(e) and 
insert ``section 87(e) of this rule.''
    (47) In 310 IAC 12-5-84(c), delete ``310 IAC 12-5-95'' and insert 
``section 95 of this rule.''
    (48) In 310 IAC 12-5-84(e), delete ``310 IAC 12-5-72 through 310 
IAC 12-5-139'' and insert ``section 72 through 83 of this rule, this 
section, and sections 85 through 139 of this rule.''
    (49) In 310 IAC 12-5-84(g), delete ``enchancement'' and insert 
``enhancement.''
    (50) In 310 IAC 12-5-85(a), delete ``310 IAC 12-5-84'' and insert 
``section 84 of this rule.''
    (51) In 310 IAC 12-5-85(b)(1), delete ``commission'' and insert 
``director.''
    (52) In 310 IAC 12-5-85(b)(3), delete ``310 IAC 12-5-84(d)(2)'' and 
insert ``section 84(d)(2) of this rule.''
    (53) In 310 IAC 12-5-84(c)(2), delete ``310 IAC 12-5-84'' and 
insert ``section 84 of this rule.''
    (54) In 310 IAC 12-5-85(c)(3), delete ``310 IAC 12-5-84(d)(2)'' and 
insert ``section 84(d)(2) of this rule.''
    (55) In 310 IAC 12-5-97(a), delete ``commission'' and insert 
``director.''
    (56) In 310 IAC 12-5-119.1(g), delete ``commission'' and insert 
``director,'' and delete ``(or the director may approve).''
    (57) In 310 IAC 12-5-119.1(i), delete ``commission'' and insert 
``director.''
    (58) In 310 IAC 12-5-119.1(k)(1), delete ``commission'' and insert 
``director.''
    (59) In 310 IAC 12-5-119.1(1), delete ``commission'' and insert 
``director,'' and delete ``(or the director may approve.''
    (60) In 310 IAC 12-5-133(a), delete ``commission'' and insert 
``director''.
    (61) In 310 IAC 12-5-133(b), delete ``commission'' and insert 
``director''.
    (62) In 310 IAC 12-5-133(c)(6), delete ``commission'' and insert 
``director''.
    (63) In 310 IAC 12-5-133(f), delete ``commission'' and insert 
``director,'' and delete ``(or approved by the director).''
    (64) In 310 IAC 12-5-150.1(c), delete ``commission or the.''
    (65) In 310 IAC 12-5-150.1(e), delete ``commission'' and insert 
``director,'' and delete ``or to the director.''
    (66) In 310 IAC 12-5-150.1(e)(1), delete ``commission'' and insert 
``director,'' and delete ``1.3'' and insert ``one and three-tenths 
(1.3).''
    (67) In 310 IAC 12-6-11(b), delete ``31'' and insert ``thirty-one 
(31).''
    (68) In 310 IAC 12-6-11(c), delete ``30'' and insert ``thirty 
(30).''
    (69) In 310 IAC 12-6-11(d), delete ``5,000 dollars'' and insert 
``five thousand dollars ($5,000),'' delete ``commission'' and insert 
``director.''
    (70) In 310 IAC 12-7-1(a)(3), delete ``the Act'' and insert ``IC 
13-4.1.''
    (71) In 310 IAC 12-7-1(a)(7), delete ``45'' and insert ``forty five 
(45),'' and delete ``Section'' 705.13(a)'' and insert ``30 CFR 
705.13(a).''
    (72) In 310 IAC 12-7-1(b), delete ``the Act'' and insert ``IC 13-
4.1.''
    (73) In 310 IAC 12-7-1(c), delete ``Commissions'' and insert ``The 
director.''
    (74) In 310 IAC 12-8-6(a)(1), delete ``commission'' and insert 
``director.''
    (75) In 310 IAC 12-8-6(b), delete ``commission'' and insert 
``director.''
    (76) In 310 IAC 12-8-7(a), delete ``commission's'' and insert 
``director.''
    B. Under IC 4-22-2-38, the following typographical, clerical, or 
spelling errors are being corrected:
    (1) In 310 IAC 12-3-46(b)(3), delete ``aluival'' and insert 
``alluvial,'' and delete ``anaylses'' and insert ``analyses.''
    (2) In 310 IAC 12-3-73.1, delete ``310 IAC 12-5-78'' and insert 
``310 IAC 12-5-78.1.''
    (3) In 310 IAC 12-3-80(b)(2), delete ``through 310 IAC 12-5-121'' 
and insert ``and 310 IAC 12-5-121.1.''
    (4) In 310 IAC 12-3-80(b)(3), delete ``aluvial'' and insert 
``alluvial.''
    (5) In 310 IAC 12-3-80(b)(4), delete ``(viii)'' and insert 
``(vii).''
    (6) In 310 IAC 12-3-80(b)(8), insert ,'' ``after'' (42 U.S.C. Sec. 
7401 et seq.)''
    (7) In 310 IAC 12-3-107(a), delete ``application'' and insert 
``applications.''
    (8) In 310 IAC 12-3-107(b), delete ``30'' and insert ``thirty 
(30).''
    (9) In 310 IAC 12-5-36(e)(3), delete ``response'' and insert 
``response.''
    (10) In 310 IAC 12-5-36(f), delete ``boundry'' and insert 
``boundary.''
    (11) In 310 IAC 12-5-36(h)(3)(ii), delete ``of this section at at'' 
and insert ``of this section at.''
    (12) In 310 IAC 12-5-40(a) and (a)(1), delete ``500'' and insert 
``five hundred (500).''
    (13) In 310 IAC 12-6-7(a)(1), delete ``operaton'' and insert 
``operation.''
    (14) In 310 IAC 12-6-12(a), delete ``30'' and insert ``thirty 
(30),'' delete ``12'' and insert ``twelve (12),'' delete ``One point'' 
and insert ``One (1) point,'' and delete ``Five points'' and insert 
``Five (5) points.''
    (15) In 310 IAC 12-6-12(b), delete ``30'' and insert ``thirty 
(30).''
    (16) In 310 IAC 12-6-12 (b)(1) and (b)(2), delete ``15'' and insert 
``fifteen (15).''
    (17) In 310 IAC 12-6-12(b)(2)(i), delete ``zero to seven points'' 
and insert ``zero (0) to seven (7) points.''
    (18) In 310 IAC 12-6-12(b)(2)(ii), delete ``assign eight to 15 
points'' and insert ``assign eight (8) to fifteen (15) points.''
    (19) In 310 IAC 12-6-12(b)(3), delete ``15'' and insert ``fifteen 
(15).''
    (20) In 310 IAC 12-6-12(c)(1), delete ``25'' and insert ``twenty-
five (25).''
    (21) In 310 IAC 12-6-12(c)(1)(i), delete ``no'' and insert ``zero 
(0).''
    (22) In 310 IAC 12-6-12(c)(1)(ii), delete ``12'' and insert 
``twelve (12).''
    (23) In 310 IAC 12-6-12(c)(1)(iii), delete ``13 to 19'' and insert 
``thirteen (13) to nineteen (19).''
    (24) In 310 IAC 12-6-12(c)(1)(iv), delete ``20 to 25'' and insert 
``twenty (20) to twenty-five (25).''
    (25) In 310 IAC 12-6-12(c)(3), delete ``sabatage'' and insert 
``sabotage.''
    (26) In 310 IAC 12-6-12(d)(1)(i), delete ``30%'' and insert 
``thirty percent (30%).''
    (27) In 310 IAC 12-6-12(d)(1)(ii), delete ``31 to 40 percent'' and 
insert ``thirty-one percent (31%) to forty percent (40%).''
    (28) In 310 IAC 12-6-12(d)(1)(iii), delete ``41 to 50 percent'' and 
insert ``forty-one percent (41%) to fifty percent (50%).''
    (29) In 310 IAC 12-6-12(d)(1)(iv), delete ``51 to 60 percent'' and 
insert ``fifty-one percent (51%) to sixty percent (60%).''
    (30) In 310 IAC 12-6-12(d)(1)(v), delete ``61 to 70 percent'' and 
insert ``sixty-one percent (61%) to seventy percent (70%).''
    (31) In 310 IAC 12-6-12(d)(1)(vi), delete ``71 to 80 percent'' and 
insert ``seventy-one percent (71%) to eighty percent (80%),'' and 
delete ``(6)'' and insert ``(-6).''
    (32) In 310 IAC 12-6-12(d)(1)(vii), delete ``81 to 90 percent'' and 
insert ``eighty-one percent (81%) to ninety percent (90%).''
    (33) In 310 IAC 12-6-12(d)(1)(viii), delete ``91 to 100 percent'' 
and insert ``ninety-one percent (91%) to one hundred percent (100%), 
and delete ``0'' and insert ``zero (0).''
    (34) In 310 IAC 12-6-12(d)(2)(ii), delete ``-6'' and insert 
``negative six (-6).''
    (35) In 310 IAC 12-6-12(d)(2)(iii), delete ``0'' and insert ``zero 
(0).''
    (36) In 310 IAC 12-6-15(a), delete ``15'' and insert ``fifteen 
(15).''
    (37) In 310 IAC 12-6-15(b) and 15(c), delete ``30'' and insert 
``thirty (30).''
    (38) In 310 IAC 12-7-2, delete ``this rule'' and insert ``310 IAC 
12-7,'' delete ``the Act'' and insert ``IC 13-4.1'' two times, and 
delete ``this Act'' and insert ``IC 13-4.1.''

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 p.m., e.s.t. 
on October 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 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 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 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 
corresponding 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 corresponding Federal regulations.

List of Subjects in 30 CFR Part 914

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: September 12, 1994.
Tim L. Dieringer,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-22960 Filed 9-15-94; 8:45 am]
BILLING CODE 4310-DS-M