[Federal Register Volume 59, Number 250 (Friday, December 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32175]


[[Page Unknown]]

[Federal Register: December 30, 1994]


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DEPARTMENT OF THE INTERIOR
30 CFR Part 914

[IN-120-FOR; Amendment 94-6]

 

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 consists of changes to the Indiana 
Surface Mining rules concerning procedures for the application and 
renewal of blaster certification. The amendment is intended to revise 
language which was inadvertently repealed.

DATES: Written comments must be received by 4:00 p.m., E.S.T. January 
30, 1995. If requested, a public hearing on the proposed amendment will 
be held on January 23, 1995. Requests to speak at the hearing must be 
received by 4:00 p.m., E.S.T. on January 17, 1995.

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

    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 December 7, 1994 (Administrative Record No. IND-
1416), the Indiana Department of Natural Resources (IDNR) submitted to 
OSM a State program amendment package consisting of revisions to the 
Indiana program rules. The amendment revises language which was 
inadvertently repealed and pertains to the procedures for the 
application and renewal of blaster certification. The following 
amendments are being proposed.

1. 310 IAC 12-8-4.1 Application for Certification

    This new section is added to provide the following:
    Section 4.1(a) An application for certification as a certified 
blaster shall be submitted to the department.
    (b) An application for certification shall be in writing upon forms 
furnished by the department.
    (c) An application shall be completed in accordance with the 
instructions provided with it.
    (d) An application form is incomplete if the form does not contain 
all required information or if the form contains incorrect information. 
The applicant will be given notice of the deficiencies, and if the 
required information is not provided by the applicant within thirty 
(30) days of the notice, the application will be terminated.
    (e) The director or an authorized representative may verify the 
information shown on the application directly with educational 
institutions, other certification boards and personal references, and 
may verify the work experience with the employer.
    (f) If an application has been terminated, the person will not be 
considered for certification. A new application may be submitted at any 
time by complying with subsections (b) and (c) of this section.

2. 310 IAC 12-8-8.1 Renewal

    This new section is added to provide the following:
    Section 8.1(a) A certified blaster must obtain renewal of the 
certification every three (3) years. A request for renewal of the 
certification shall be in writing upon a form furnished by the 
department. The request for renewal must be received by the department 
not later than thirty (30) days prior to expiration of the certificate.
    (b) The renewal will be approved if the certified blaster has 
worked at least twelve (12) months of the preceding thirty-six (36) 
months as a certified blaster and the certified blaster is not in 
violation of 310 IAC 12-8-9.
    (c) When the certification is not renewed for more than one (1) 
year after expiration, the certification will not be renewable. An 
application shall be submitted to the department in the event that the 
individual desires to again be certified, and the individual shall be 
considered as a new applicant.
    (d) A renewal notice will be sent to each registrant not less than 
two (2) months prior to the expiration date of the certification.
    (e) All renewal notices and other communications will be sent to 
the last address given by the registrant to the department. A failure 
of the certified blaster to receive a renewal notice under this 
subsection does not relieve the certified blaster of the obligation to 
obtain a renewal of the certification as required under subsection (a) 
of this section.
    The proposed program amendment submitted by Indiana is available 
for public inspection at the addresses listed above. The Director now 
seeks public comment on whether the proposed amendment is no less 
effective than the Federal regulations. If approved, the amendment will 
become part of the Indiana program.

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 January 17, 1995. 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.
    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.

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: December 21, 1994.
Richard J. Seibel,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-32175 Filed 12-29-94; 8:45 am]
BILLING CODE 4310-05-M