[Federal Register Volume 62, Number 82 (Tuesday, April 29, 1997)]
[Proposed Rules]
[Pages 23192-23194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10992]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[SPATS No. IN-127-FOR; State Program Amendment No. 95-5]


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 the ``Indiana program) under 
the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The 
proposed amendment consists of revisions to Indian's regulations 
pertaining to an exemption for coal extraction incidental to the 
extraction of other minerals. The amendment is intended to revise the 
Indian program to be consistent with the corresponding Federal 
regulations.

    This document sets forth the times and locations that the Indiana 
program and proposed amendment to that program are available for public 
inspection, the comment period during which interested persons may 
submit written comments on the proposed amendment, and the procedures 
that will be followed regarding the public hearing, if one is 
requested.

DATES: Written comments must be received by 4:00 p.m., e.s.t., May 29, 
1997. If requested, a public hearing on the proposed amendment will be 
held on May 27, 1997. Requests to speak at the hearing must be received 
by 4:00 p.m., e.s.t. on May 14, 1997.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Charles F. McDaniel, Acting Director, 
Indianapolis Field Office, at the 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 
address 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. 
Charles F. McDaniel, Acting Director, Indianapolis Field Office, Office 
of Surface Mining

[[Page 23193]]

Reclamation and Enforcement, Minton-Capehart Federal Building, 575 
North Pennsylvania Street, Room 301, Indianapolis, IN 46204, Telephone: 
(317) 226-6700.
    Indiana Department of Natural Resources, 402 West Washington 
Street, Room C256, Indianapolis, Indiana 46204, Telephone: (317) 232-
1547.

FOR FURTHER INFORMATION CONTACT:
Charles F. McDaniel, Acting Director, Indianapolis Field Office, 
Telephone: (317) 226-6700.

SUPPLEMENTARY INFORMATION: 

I. Background on the Indian Program

    On July 29, 1982, the Secretary of the Interior conditionally 
approved the Indian program. Background information on the Indian 
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 32107). Subsequent actions concerning the 
conditions of approval and program amendments can be found at 30 CFR 
914.10, 914.15, and 914.16.

II. Description of the Proposed Amendment

    By letter dated March 7, 1997 (Administrative Record No. IND-1565), 
Indiana submitted a proposed amendment to its program pursuant to 
SMCRA. Indiana submitted the proposed amendment in response to the 
required program amendments at 30 CFR 914.16(cc) and 914.16(dd). 
Indiana proposes to amend the Indiana Administrative Code (IAC) at 
Title 310 Department of Natural Resources. The full text of the 
proposed program amendment submitted by Indiana is available for public 
inspection at the locations listed above ADDRESSES. A brief discussion 
of the proposed amendment is presented below.

1. 310 IAC 12-1-7 Exemption for Coal Extraction Incidental to the 
Extraction of Other Minerals: Contents of Application for Exemption

    Indiana proposes to amend the first sentence in 310 IAC 12-1-7 by 
replacing the words ``but is not limited to'' with the words ``at a 
minimum.'' At 310 IAC 12-1-7(15)(A), the reference to ``IC 13-4.1'' is 
changed to read ``IC 14-34.'' Indiana proposes to delete the existing 
provision at 310 IAC 12-1-7(17).

2. 310 IAC 12-1-7.1 Exemption for Coal Extraction Incidental to the 
Extraction of Other Minerals; Public Availability of Information

    Indiana proposes to add new section 7.1. Subsection (a) requires 
that except as provided in subsection (c), all information submitted to 
the director be available for public inspection and copying and be 
maintained until at least three years after expiration of the period 
during which the subject mining area is active. Subsection (b) allows 
Indiana to keep information confidential if the person submitting the 
information requests in writing that it be kept confidential and 
demonstrates that the information concerns trade secrets or is 
privileged commercial or financial information. Subsection (c) requires 
that information requested to be held confidential under subsection (b) 
not be made publicly available until after notice and opportunity to be 
heard is afforded to persons seeking and opposing disclosure of the 
information.

3. 310 IAC 12-1-11 Exemption for Coal Extraction Incidental to the 
Extraction Of Other Minerals: Revocation and Enforcement

    Indiana proposes to amend 310 IAC 12-1-11. At subsection (b), the 
word ``reason'' is replaced with the word ``reasons'' in the phrase 
``and the reason therefor.'' Subsection (c) is amended by adding an 
introductory sentence, revising subdivision (c)(1), and deleting 
existing subdivision (c)(2). The revised language reads as follows:

    (c) The following shall apply concerning revocation of an 
exemption:
    (1) If the director finds that an operator has not demonstrated 
that activities conducted in the mining area qualify for the 
exemption, the director shall revoke the exemption and immediately 
notify the operator and any intervenors. If a decision is made not 
to revoke an exemption, the director shall immediately notify the 
operator and the intervenors, if any.

    Subsection (d) is redesignated as new subdivision (c)(2) and the 
reference to ``310 IAC 12-0.6-1-3'' is replaced by ``IC 4-21.5-3-7.'' 
New subdivision (c)(3) was added to require that a petition for 
administrative review not suspend the effect of a decision on whether 
to revoke an exemption. Subsection (e) is redesignated as new 
subsection (d) with minor wording changes. Subsection (f) was 
redesignated as new subdivision (d)(2) with minor wording changes. 
Subsection (g) was redesignated as new subdivision (d)(3).

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 14, 1997. The location and time of the hearing will be 
arranged with those persons requesting the hearing. 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. If no one requests an opportunity to speak 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

[[Page 23194]]

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 12988

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 (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.

Unfunded Mandates

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 914

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: April 23, 1997.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 97-10992 Filed 4-28-97; 8:45 am]
BILLING CODE 4310-05-M