[Federal Register Volume 60, Number 217 (Thursday, November 9, 1995)]
[Rules and Regulations]
[Pages 56516-56521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27806]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[IN-110, Amendment Number 93-7, Part I]


Indiana Regulatory Program

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

ACTION: Final rule; approval of amendments.

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SUMMARY: OSM is approving part of a proposed amendment to the Indiana 
permanent regulatory program (hereinafter referred to as the Indiana 
program) under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). The amendment consists of proposed changes to the Indiana 
Surface Mining Rules provisions concerning OSM Regulatory Reform I, II 
and III issues, required program amendments, and State initiatives. 
This final rule notice is addressing the first of three subparts of the 
original amendment. The primary focus of the amendments in this subpart 
is on soil capability and restoration standards, individual civil 
penalties, significant/nonsignificant revisions, coal exploration, and 
performance bonds. The amendment is intended to resolve outstanding 
issues that remain present in the approved Indiana program resulting 
from changes to the Federal program. The amendment would also 
incorporate changes desired by the State that address various parts of 
the State rules.

EFFECTIVE DATE: November 9, 1995.

FOR FURTHER INFORMATION CONTACT:
Mr. Roger W. Calhoun, Director, Indianapolis Field Office, Office of 
Surface Mining Reclamation and Enforcement, Minton-Capehart Federal 
Building, 575 North Pennsylvania Street, Room 301, Indianapolis, IN 
46204, Telephone (317) 226-6166.

SUPPLEMENTARY INFORMATION:

I. Background on the Indiana Program.
II. Submission of the Amendment.
III. Director's Findings.
IV. Summary and Disposition of Comments.
V. Director's Decision.
VI. Procedural Determinations.

I. Background on the Indiana Program

    On July 29, 1982, the Indiana program was made effective by the 
conditional approval of the Secretary of the Interior. Information 
pertinent to the general background on the Indiana program, including 
the Secretary's findings, the disposition of comments, and a detailed 
explanation of the conditions of approval of the Indiana program can be 
found in the July 26, 1982 Federal Register (47 FR 32107). Subsequent 
actions concerning the conditions of approval and program amendments 
are identified at 30 CFR 914.10, 914.15, and 914.16.

II. Submission of the Amendment

    Since July 29, 1982 (the date of conditional approval of the 
Indiana program), a number of changes have been made to the Federal 
regulations concerning surface coal mining and reclamation operations. 
Pursuant to the Federal regulations at 30 CFR 732.17, OSM informed 
Indiana on May 22, 1985 (Regulatory Reform I), on August 24, 1988 
(Regulatory Reform II), and September 20, 1989 (Regulatory Reform III), 
that a number of Indiana regulations 

[[Page 56517]]
are less effective than or inconsistent with the revised Federal 
requirements.
    By letter dated December 30, 1993 (Administrative Record No. IND-
1322), the Indiana Department of Natural Resources (IDNR) submitted to 
OSM State program amendment package number 93-7 consisting of revisions 
to 38 sections of the Indiana rules.
    These revisions address changes to the Indiana program that were 
identified in the three letters referred to above, and certain required 
program amendments. The State has also proposed additional changes 
which Indiana believes will further improve the approved State program. 
The primary focus of the submittal is on soil capability and 
restoration standards, individual civil penalties, significant/non-
significant revisions, coal exploration, and performance bonds.
    OSM announced receipt of the proposed amendment in the January 24, 
1994, Federal Register (59 FR 3528), and, in the same notice, opened 
the public comment period and provided opportunity for a public hearing 
on the adequacy of the proposed amendment. The comment period closed on 
February 24, 1994.
    By letter dated December 6, 1994 (Administrative Record Number IND-
1415), Indiana submitted additional minor changes to amendment 93-7.
    By letter dated January 12, 1995 (Administrative Record Number IND-
1423), OSM provided Indiana with comments concerning the proposed 
amendment. Indiana responded by letter dated January 25, 1995 
(Administrative Record Number IND-1419). In that letter, Indiana said 
that it wishes to separate amendment 93-7 into three subparts, and that 
the responses being supplied pertain to the first subpart of amendment 
93-7. The amendments are being addressed in this notice comprise 
amendment 93-7, Part I.

III. Director's Findings

    Set forth below, pursuant to SMCRA and the Federal regulations at 
30 CFR 732.15 and 732.17, are the Director's findings concerning the 
first of three subparts of proposed program amendment 93-7.

A. Revisions to Indiana's Rules That Are Substantively Identical to the 
Corresponding Federal Regulations

----------------------------------------------------------------------------------------------------------------
              State rule                             Subject                        Federal counterpart         
----------------------------------------------------------------------------------------------------------------
310 IAC 12-0.5-122.5..................  Definition of substantially       30 CFR 701.5.                         
                                         disturb.                                                               
310 IAC 12-3-78.......................  Underground permits; general      30 CFR 784.11.                        
                                         requirements.                                                          
310 IAC 12-3-82.......................  Underground permits; postmining   30 CFR 784.15(b).                     
                                         land use.                                                              
310 IAC 12-4-5........................  Filing bonds; requirements......  30 CFR 800.11.                        
310 IAC 12-5-4........................  Coal exploration; permits.......  30 CFR 772.14.                        
310 IAC 12-6-21.......................  Individual civil penalties;       30 CFR 846.12.                        
                                         timing for assessment.                                                 
310 IAC 12-6-23.......................  Individual civil penalties;       30 CFR 846.17.                        
                                         assessment procedures.                                                 
310 IAC 12-6-24.......................  Individual civil penalties;       30 CFR 846.18.                        
                                         payment of penalty.                                                    
310 IAC 12-7-4........................  Filing requirements.............  30 CFR 705.11.                        
310 IAC 12-7-5........................  Filing dates....................  30 CFR 705.13.                        
310 IAC 12-7-6........................  Filing locations................  30 CFR 705.15.                        
----------------------------------------------------------------------------------------------------------------

    Because the above proposed revisions are identical in meaning to 
the corresponding Federal regulations, or contain nonsubstantive 
wording and paragraph notation changes, the Director finds that 
Indiana's proposed rules are no less effective than the Federal 
regulations.

B. Revisions to Indiana's Rules That Are Not Substantively Identical to 
the Corresponding Federal Regulations

1. 310 IAC 12-0.5-109.5  Definition of Rooting Media
    ``Rooting media'' is defined as a soil material beneath the topsoil 
consisting of replaced ``B'' horizon, ``B/C'' mixture, another suitable 
soil material as determined by the director of the Indiana Department 
of Natural Resources (IDNR). While there is no direct counterpart to 
this definition, the Director finds that the definition is not 
inconsistent with the Federal definition of ``soil horizons'' as 30 CFR 
701.5.
2. 310 IAC 12-0.5-110.5  Definition of Shadow Area
    ``Shadow area'' is defined as any area beyond the limits of the 
permit area in which underground mine workings are located. This area 
includes resources above and below the coal that are protected by IC 
13-4.1 that may be adversely impacted by underground mining operations 
including impacts of subsidence. While there is no direct Federal 
counterpart to this definition, the Director finds the definition to be 
consistent with the Federal definition of ``affected area'' at 30 CFR 
701.5.
3. 310 IAC 12-1-5  Exemption for Coal Extraction Incidental to the 
Extraction of Other Minerals
    This provision is being amended to correct a citation error. 
Reference to IC 13-4.1-1-4(2) is being deleted and replaced by IC 13-
4.1-1-3(12). This amendment satisfies the required program amendment 
codified at 30 CFR 914.16(bb).
4. 310 IAC 12-3-31 and 310 IAC 12-3-69  Permit Applications; Geology 
Description
    These provisions have been rewritten to be substantively identical 
to the counterpart Federal provisions at 30 CFR 780.22 and 784.22 with 
the following exceptions. At 310 IAC 12-2-31(c) and at 12-3-69 (a)(3) 
and (c), the Indiana language uses the term ``rule'' rather than the 
more inclusive term ``article.'' To no less effective than the 
counterpart Federal regulations at 30 CFR 780.22(c) and 784.22 (a)(3) 
and (c), the Indiana language should use the term ``article'' meaning 
the entire set of performance standards under 310 IAC 12. In its letter 
to OSM dated January 25, 1995, Indiana stated that the language has 
been changed to read ``article.''
    Indiana is amending 310 IAC 12-3-69(d) to clarify that the 
applicant may request that the director of the IDNR waive in whole or 
in part certain geologic information if that information is unnecessary 
because other reliable information is available. The amendments are 
substantively identical to and no less effective than the counterpart 
Federal language at 30 CFR 784.22(d) with one exception. The State 
provision would authorize the waiver of all the requirements of section 
310 IAC 12-3-69(b) rather than only the requirements of 310 IAC 12-3-69 
(b)(2) and (b)(3) as is authorized by the counterpart Federal 
provisions at 30 CFR 784.22(d). In its letter to OSM dated January 25, 
1995, Indiana stated that the language has been changed to read 
subsections ``69 (b)(2) and (b)(3).''

[[Page 56518]]

    Therefore, OSM finds the proposed amendments to be no less 
effective than the counterpart Federal regulations.
5. 310 IAC 12-3-48  Permit Applications; Postmining Land Uses
    In addition to nonsubstantive wording changes, Indiana is deleting 
a reference to 310 IAC 12-5-68 and adding in its place reference to new 
310 IAC 12-5-68.5 concerning postmining land use capability. Indiana is 
also adding new subsection 48(a)(3) to provide that consideration be 
given to all of the proposed surface mining activities consistent with 
surface owner plans and applicable State and local land use plans and 
programs. The new language is substantively identical to counterpart 
Federal language at 30 CFR 780.23(b)(3). The Director finds that the 
proposed citation change does not render the provision less effective 
than 30 CFR 780, and the added language is no less effective than the 
counterpart Federal language at 30 CFR 780.23(b)(3).
6. 310 IAC 12-3-97  Special Categories of Mining; Approximate Original 
Contour Variance for Steep Slope Mining; Permits
    In addition to various nonsubstantive changes made throughout this 
section, the following changes are made. At subsection 97(a)(3), 
Indiana is deleting reference to sections 310 IAC 12-5-68 and 12-5-136 
and replacing them with 310 IAC 12-5-68.5 and 12-5-136.5, respectively. 
The deletion of 310 IAC 12-5-68 and 310 IAC 12-5-136 and their 
replacement by 310 IAC 12-5-68.5 and 310 IAC 12-5-136.5, respectively 
is discussed later in this document. The Director finds that the 
amendments to subsection 97(a)(3) do not render the provision less 
effective than the counterpart Federal regulations at 30 CFR 816/
817.133(d)(2) concerning alternative postmining land use requirements.
    New subsection 97(a)(8) is added to require the design and 
certification of a proposed use by a qualified registered professional 
engineer. The director finds the proposed language to be substantively 
identical to counterpart Federal language at 30 CFR 816/817.133(d)(5).
    New subsection 97(a)(9) is added to limit the amount of spoil to be 
placed off the mine bench. The Director finds the proposed language to 
be substantively identical to 30 CFR 816/817.133(d)(8).
    New subsection 97(a)(10) is added to ensure adequate time for 
public agencies to review and comment on the proposed land use. The 
Director finds that the proposed language is substantively identical to 
the Federal regulations at 30 CFR 816/817.133(d)(10).
7. 310 IAC 12-3-106  Permit Applications; Review, Public Participation, 
and Approval or Disapproval of Permit Applications; Permit Terms and 
Conditions; Responsibility
    In addition to various nonsubstantive changes made throughout this 
section, the following changes are made. Subsection 106(a) is being 
amended to apply to both permit revisions and renewals in addition to 
initial permit. The amended language is substantively identical to the 
counterpart Federal language at 30 CFR 733.13(a)(1).
    Subsection 106(a) is also being amended by adding the words ``at a 
minimum'' to clarify that the list of requirements starting at 
subsection 106(a)(1) is not an exhaustive list. The amended language is 
substantively identical to the counterpart language at 30 CFR 
773.13(a)(1).
    Subsection 106(a)(2) is amended to require a ``map or'' description 
that clearly ``shows or'' describes (at subsection 106(a)(2)(A)) the 
required information to be included in the newspaper announcement. The 
amended language is substantively identical to the counterpart Federal 
language at 30 CFR 773.13(a)(1)(ii).
    Subsection 106(a)(2)(B) is amended to provide that if a map is 
used, it shall indicate the north direction. The added language is 
substantively identical to the counterpart language at 30 CFR 
773.13(a)(1)(ii).
    Subsection 106(a)(6) is being amended to provide that all of the 
requirements of subsection 106(a)(6) pertaining to the relocation of 
roads will also apply to the closure of roads. The words ``approximate 
timing and'' are added immediately preceding the words ``duration of 
the relocation or closure.'' The amended language is substantively 
identical to the counterpart Federal provision at 30 CFR 
773.13(a)(1)(v).
    New subsection 106(a)(7) is added to require that copies of the 
advertisement be mailed to certain persons. While there is no direct 
Federal counterpart language, the proposed language is not inconsistent 
with SMCRA at section 513 concerning public notice and 30 CFR 773.13 
concerning public participation.
    New subsection 106(a)(8) is added to provide that if the permit 
application includes a request for an experimental practice under 
section 94, a statement must be provided that indicates that an 
experimental practice is requested and identifies the regulatory 
provisions for which a variance is requested. In its January 25, 1995, 
letter to OSM, Indiana stated that the citation of section ``94'' has 
been corrected to read ``94.1.'' The Director finds that the proposed 
language, with the corrected citation is substantively identical to and 
no less effective than the counterpart Federal language at 30 CFR 
773.13(a)(1)(vi).
    Subsection 106(a)(9) as a counterpart to 30 CFR 773.13(a)(2) 
concerning the requirement to make a copy of the permit, revision, or 
renewal available to the public at the courthouse of the county where 
the mining is proposed to occur, or an accessible public office 
approved by the regulatory authority. Indiana language counterpart to 
the Federal requirement that applicants file changes to the 
applications at the public office at the same time the change is 
submitted to the regulatory authority is found at 310 IAC 12-3-106(c). 
The director finds that the proposed language, along with the language 
referred to above and found at 310 IAC 12-3-106(c), is substantively 
identical to the Federal language at 30 CFR 773.13(a)(2). The Director 
notes that Indiana uses public libraries as the accessible public 
office where the copies of permits, revisions, and renewals will be 
filed.
    Subsection 106(c) is being amended to change a citation of 
subsection 106 ``(b)'' to read 106 ``(a)(9)''. In addition, the 
subsection is being amended to provide that any subsequent modification 
of the application ``or permit'' be also filed with the library copy of 
the application or permit. The Director finds these changes to be 
consistent with the counterpart Federal regulations at 30 CFR 
773.13(a)(2).
    Subsection 106(d) has several changes. Subsections 106(d)(2), (3), 
and (4) have been amended to clarify that the library copy of the 
application or permit may be removed from the library only after all 
bond has been released from the permit. Subsection 106(d)(4) is amended 
to add citations of 310 IAC 12-3-17 and 31, concerning application or 
permit information that may be exempt from public disclosure, to the 
citation of 310 IAC 12-3-110. The Director finds that these changes are 
consistent with and no less effective than the Federal regulations at 
30 CFR 773.13.
    New subsection 106(d)(5) is added to provide that the applicant 
shall not be responsible for the maintenance of the copy of the 
application or permit on file with the library. There is no Federal 
Counterpart to this proposed language. However, since the applicant is 
required, under subsection 106(d)(1), to pay the library a $50 dollar 
nonrefundable fee, it is reasonable to 

[[Page 56519]]
conclude that the library, upon acceptance of the fee, is responsible 
for the maintenance of the copy. Therefore, the Director finds the new 
language does not render the Indiana program less effective.
    Subsection 106(e) is amended to add the words ``or a revision or 
renewal of a permit.'' The added words are substantively identical to 
the counterpart language at 30 CFR 773.13(a)(3).
    Subsection 106(g) is added as a counterpart to 30 CFR 773.12 
concerning the coordination of the review and issuance of permits with 
other agencies to avoid duplication. The director finds the new 
language to be substantively identical to 30 CFR 773.12.
8. 310 IAC 12-4-7  Period of Liability
    Subsection 7(a) is amended to update the citations of the 
revegetation standards to reflect the most current, approved standards. 
Language is also added to provide a counterpart to the Federal 
regulations at 30 CFR 800.13(a)(2) concerning the bonding of specific 
phases of reclamation. The Director finds that the revised citations do 
not render the Indiana program less effective and the added language is 
substantively identical to the counterpart Federal regulations.
    Subsection 7(b) is revised by the updating of a citation to the 
approved revegetation standards. The Director finds that the citation 
change does not render the Indiana program less effective.
    Subsection 7(d) is amended by updating two citations and adding 
language that mirrors Federal language. The proposed citation changes 
reflect amendments that were proposed in the original submittal of this 
amendment package (Amendment 93-7). On January 25, 1995, Indiana 
requested that Amendment 93-7 be subdivided and reviewed in three 
parts. The proposed citation changes reflect amendments that are now 
contained in Part III of Amendment 93-7. The Director is approving the 
citation changes and notes that the amendments to those provisions will 
be reviewed in a future Federal Register Notice.
    The language in subsection 7(d) that mirrors the Federal language 
(at 30 CFR 800.13(c)) refers to the applicable five ``or ten (10) 
year'' period of liability for revegetation success. The director finds 
that the added language is substantively identical to and no less 
effective than the counterpart Federal language.
    Subsection 7(e) is amended by deleting language that did not hold 
the operator responsible for actions by third parties. The Federal 
regulations previously contained such a provision, but were amended to 
eliminate the reference to actions by third parties. Indiana is adding, 
in place of the deleted language, language that is substantively 
identical to the counterpart Federal regulations at 30 CFR 
800.13(d)(1). The Director finds that with the amendments, the 
provision is no less effective than the counterpart Federal language.
9. 310 IAC 12-5-3  Coal Exploration; Performance Standards
    The introductory paragraph to this section is amended to add 
language that is substantively identical to and no less effective than 
the counterpart Federal language at 30 CFR 815.1 concerning the scope 
and purpose of the performance standards for coal exploration.
    New subsection 3(a) is added and is substantively identical to and 
no less effective than the counterpart Federal regulations at 30 CFR 
815.15(a) concerning the protection of certain habitats of unique or 
unusually high value.
    Subsection 3(b)(2) is amended by deleting the existing language and 
adding in its place language that is substantively identical to and no 
less effective than the counterpart Federal regulations at 30 CFR 
815.15(b) concerning roads and other transportation facilities.
    Subsections 3(b)(3) and (4) are deleted. There are no Federal 
counterparts at 30 CFR 815.15 to the deleted language and the deletion 
does not render the Indiana program less effective than the Federal 
regulations.
    Subsection 3(e) is amended by deleting and adding language to make 
the provision substantively identical to and no less effective than the 
counterpart Federal regulations at 30 CFR 815.15(e) concerning 
revegetation of areas disturbed by coal exploration.
    Subsection 3(f) is amended to change the term ``may'' to read 
``shall'' to clarify that the requirements of the section are mandatory 
rather than voluntary. The Director finds the change to be 
substantively identical to and no less effective than the Federal 
requirement at 30 CFR 815.15(f) concerning diversions.
    Subsection 3(h) is amended by deleting language and adding language 
that is substantively identical to the Federal regulations at 30 CFR 
815.15(i) concerning minimizing disturbances to the hydrologic balance. 
The Director finds that the amended provision is no less effective than 
the Federal counterpart.
    Subsection 3(i) is amended by deleting and adding language that 
makes the provision substantively identical to and no less effective 
than the counterpart Federal regulations at 30 CFR 815.15(j) concerning 
acid- or toxic-forming materials.
10. 310 IAC 12-6-20  Individual Civil Penalties; Definitions
    This new provision has been renumbered. In the original submittal, 
this provision was identified as 310 IAC 12-6-19.
    This new provision is added to provide a counterpart to the Federal 
regulations at 30 CFR 846.5. In its January 25, 1995, letter to OSM, 
Indiana corrected two citation references in subsection (2)(B). Indiana 
is revising the sentence in subsection (2)(B) to read: ``* * * except 
an order incorporated in a decision issued under IC 13-4.1-12-1.'' The 
citation change concerns civil penalties and adds specificity to the 
Indiana provision that is counterpart to the Federal citation of 
section 518(b) of SMCRA at 30 CFR 846.5 in the definition of 
``violation, failure or refusal.'' The Director finds that the addition 
is substantively identical to and no less effective than the 
counterpart Federal regulations.
11. 310 IAC 12-6-22  Individual Civil Penalties; Amount
    This new provision has been renumbered. In the original submittal, 
this provision was identified as 310 IAC 12-6-21. This new provision is 
added to provide a counterpart to the Federal regulations at 30 CFR 
846.14 concerning the amount of individual civil penalties. In its 
January 25, 1995, submittal to OSM, Indiana made one citation change. 
In subsection 22(a), Indiana changed ``IC 13-4.1'' to read ``IC 13-4.1-
12-1.'' The change adds appropriate specificity to identify the 
criteria concerning civil penalties. With the above change, the new 
language of this subsection is substantively identical to and no less 
effective than 30 CFR 846.14.

IV. Summary and Disposition of Comments

Federal Agency Comments

    Pursuant to section 503(b) of SMCRA and 30 CFR 732.17(h)(11)(i), 
comments were solicited from various interested Federal agencies. The 
U.S. Fish and Wildlife Service (FWS) responded (Administrative Record 
Number IND-1335). The FWS commented that additional information should 
be added to 310 IAC 12-5-3(a) to state that if wetlands are affected, a 
permit by the U.S. Army Corps of Engineers may be needed. In response, 
the Director notes that the counterpart Federal standards at 

[[Page 56520]]
30 CFR 815.15 do not contain such a provision and that the Indiana 
provision is substantively identical to the Federal provision so the 
Indiana provision need not be changed.
    Other comments submitted by FWS pertain to amendments that will be 
addressed later in final rule notices concerning Amendment 93-7 parts 
II and III.
    No other agency comments were received.

Public Comments

    A public comment period and opportunity to request a public hearing 
was announced in the January 24, 1994, Federal Register (59 FR 3528). 
The comment period closed on February 24, 1994. No one commented and no 
one requested an opportunity to testify at the scheduled public 
hearings so no hearing was held.

Environmental Protection Agency (EPA)

    Under 30 CFR 732.17(h)(11)(ii), the Director is required to obtain 
the written concurrence of the Administrator of the EPA with respect to 
any provisions of a State program amendment that relate to air or water 
quality standards promulgated under the authority of the Clean Water 
Act (33 U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et 
seq.). The Director has determined that these amendments contain no 
provisions in these categories and that EPA's concurrence is not 
required.
    Pursuant to 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendments from EPA (Administrative Record No. IND-1330). EPA 
did not provide any comments concerning this amendment.

V. Director's Decision

    Based on the findings above, the Director is approving Indiana's 
program amendment #93-7 as submitted by Indiana on December 30, 1993, 
and amended on December 6, 1994, and January 25, 1995.
    The Federal regulations at 30 CFR Part 914 codifying decisions 
concerning the Indiana program are being amended to implement this 
decision. This final rule is being made effective immediately to 
expedite the State program amendment process and to encourage States to 
bring their programs into conformity with the Federal standards without 
undue delay. Consistency of State and Federal standards is required by 
SMCRA.

VI. 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 
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: October 20, 1995.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.

    For the reasons set out in the preamble, Title 30, Chapter VII, 
Subchapter T of the Code of Federal Regulations is amended as set forth 
below:

PART 914--INDIANA

    1. The authority citation for part 914 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    2. In section 914.15, paragraph (mmm) is added to read as follows:


Sec. 914.15  Approval of regulatory program amendments

* * * * *
    (mmm) Amendment #93-7, Part I concerning revisions to the following 
Indiana rules as submitted to OSM on December 30, 1993, and amended on 
December 6, 1994, and January 25, 1995, is approved effective November 
9, 1995.

310 IAC 12-0.5-109.5 concerning the definition of rooting media;
310 IAC 12-0.5-110.5 concerning the definition of shadow area;
310 IAC 12-0.5-122.5 concerning the definition of substantially 
disturb;
310 IAC 12-1-5 concerning exemption for coal extraction incidental to 
the extraction of other minerals;
310 IAC 12-3-31 concerning permit applications, geology description;
310 IAC 12-3-48 concerning permit applications, postmining land uses;
310 IAC 12-3-69 concerning permit applications (underground), geology 
description;
310 IAC 12-3-78 concerning permit applications (underground), general;
310 IAC 12-3-82 concerning permit applications (underground), 
postmining land use;
310 IAC 12-3-97 concerning special categories of mining, approximate 
original contour variance for steep slope mining, permits;
310 IAC 12-3-106 concerning permit applications, review, public 
participation, and approval or disapproval of permit applications, 
permit terms and conditions, responsibility;
310 IAC 12-4-5 concerning requirements for filing bonds;
310 IAC 12-4-7 concerning period of liability;

[[Page 56521]]

310 IAC 12-5-3 concerning performance standards for coal exploration;
310 IAC 12-5-4 concerning permits for coal exploration;
310 IAC 12-6-20 concerning individual civil penalties, definitions;
310 IAC 12-6-21 concerning individual civil penalties;
310 IAC 12-6-22 concerning the amount of individual civil penalties;
310 IAC 12-6-23 concerning assessment procedures for individual civil 
penalties;
310 IAC 12-6-24 concerning payment of individual civil penalties;
310 IAC 12-7-4 concerning financial interests, filing requirements;
310 IAC 12-7-5 concerning financial interests, filing dates; and
310 IAC 12-7-6 concerning financial interests, filing locations.


Sec. 914.16  [Amended]

    3. In Section 914.16, paragraph (bb) is removed and reserved.

[FR Doc. 95-27806 Filed 11-8-95; 8:45 am]
BILLING CODE 4310-05-M