[Federal Register Volume 64, Number 57 (Thursday, March 25, 1999)]
[Proposed Rules]
[Pages 14412-14414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7227]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[SPATS No. IN-145-FOR; State Program Amendment No. 98-1]


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 (Indiana program) under the Surface Mining 
Control and Reclamation Act of 1977 (SMCRA). Indiana proposes reference 
changes in its rules for surface mining permit applications, geology 
description; underground mining permit applications, geology 
description; and permit applications, public participation. Indiana 
also proposes to add a new provision to its rule for surface mining 
permit applications, postmining land uses. Indiana intends to revise 
its program to be consistent with the corresponding Federal 
regulations.
    This document gives the times and locations that the Indiana 
program and amendment to that program are available for your 
inspection, the comment period during which you may submit written 
comments on the amendment, and the procedures that will be followed for 
the public hearing, if one is requested.

DATES: We will accept written comments until 4:00 p.m., e.s.t., April 
26, 1999. If requested, we will hold a public hearing on the amendment 
on April 19, 1999. We will accept requests to speak at the hearing 
until 4:00 p.m., e.s.t. on April 9, 1999.

ADDRESSES: You should mail or hand deliver written comments and 
requests to speak at the hearing to Andrew R. Gilmore, Director, 
Indianapolis Field Office, at the address listed below.
    You may review copies of the Indiana program, the amendment, a 
listing of

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any scheduled public hearings, and all written comments received in 
response to this document at the addresses listed below during normal 
business hours, Monday through Friday, excluding holidays. You may 
receive one free copy of the amendment by contacting OSM's Indianapolis 
Field Office.

Andrew R. Gilmore, 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) 226-6700
Indiana Department of Natural Resources, 402 West Washington Street, 
Room C256, Indianapolis, Indiana 46204, Telephone: (317) 232-1547

FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Director, 
Indianapolis Field Office. Telephone: (317) 226-6700. Internet: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Indiana Program

    On July 29, 1982, the Secretary of the Interior conditionally 
approved the Indiana program. You can find background information on 
the Indiana program, including the Secretary's findings, the 
disposition of comments, and the conditions of approval in the July 26, 
1982, Federal Register (47 FR 32107). You can find later actions on the 
Indiana program at 30 CFR 914.10, 914.15, and 914.16.

II. Description of the Proposed Amendment

    By letter dated March 8, 1999 (Administrative Record No. IND-1633), 
Indiana sent us an amendment to its program under SMCRA. Indiana sent 
the amendment its own initiative. Indiana proposes to amend the Indiana 
Administrative Code (IAC) at 310 IAC 12-3 as discussed below.

1. 310 IAC 12-3-31  Surface Mining Permit Applications; Geology 
Description

    At 310 IAC 12-3-31(a)(3), Indiana proposes to replace a reference 
to ``IC 13-4.1'' with a reference to ``IC 14-34.'' At 310 IAC 12-3-
31(c), Indiana proposes to replace a reference to ``this rule'' with a 
reference to ``this article.''

2. 310 IAC 12-3-48  Surface Mining Permit Applications; Reclamation and 
Operations Plan; Postmining Land Uses

    Indiana proposes to revise this rule by adding a new provision at 
310 IAC 12-3-48(a)(3) to require the detailed description of the 
proposed land use to explain ``[t]he consideration given to making all 
of the proposed surface mining activities consistent with surface owner 
plans and applicable state and local land use plans and programs.''

3. 310 IAC 12-3-69  Underground Mining Permit Applications; Geology 
Description

    At 310 IAC 12-3-69(a)(3) and 12-3-69(c)(3), Indiana proposes to 
replace references to ``this rule'' with references to ``this 
article.'' At 310 IAC 12-3-69(d), Indiana proposes to replace a 
reference to ``subsection (b)'' with a reference to ``subsection (b)(2) 
and (b)(3).''

4. 310 IAC 12-3-106  Permit Applications; Public Participation

    At 310 IAC 12-3-106(a)(8), Indiana proposes to replace a reference 
to ``section 94'' with a reference to ``section 94.1.''

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are requesting 
comments on whether the amendment satisfies the applicable program 
approval criteria of 30 CFR 732.15. If we approve the amendment, it 
will become part of the Indiana program.

Written Comments

    Your written comments should be specific and pertain only to the 
issues proposed in this rulemaking. You should explain the reason for 
any recommended change. In the final rulemaking, we will not 
necessarily consider or include in the Administrative Record any 
comments received after the time indicated under ``DATES'' or at 
locations other than the Indianapolis Field Office.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., e.s.t. on 
April 9, 1999. We will arrange the location and time of the hearing 
with those persons requesting the hearing. If you are disabled and need 
special accommodations to attend a public hearing, contact the 
individual listed under FOR FURTHER INFORMATION CONTACT. The hearing 
will not be held if no one requests an opportunity to speak at the 
public hearing.
    You should file a written statement at the time you request the 
hearing. This will allow us 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. If 
you are in the audience and have not been scheduled to speak and wish 
to do so, you will be allowed to speak after those who have been 
scheduled. We will end the hearing 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. If you wish 
to meet with us to discuss the amendment, request a meeting by 
contacting the person listed under FOR FURTHER INFORMATION CONTACT. All 
such meetings are open to the public and, if possible, we will post 
notices of meetings at the locations listed under ADDRESSES. We also 
make a written summary of each meeting a part of the Administrative 
Record.

VI. Procedural Determinations

Executive Order 12866

    The Office of Management and Budget (OMB) exempts this rule from 
review 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 State regulatory 
programs and program amendments 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

    This rule does not require an environmental impact statement since 
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency 
decisions on 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)).

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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. Therefore, this rule will ensure that existing requirements 
previously published 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.

Unfunded Mandates

    OSM has determined and certifies under the Unfunded Mandates Reform 
Act (2 U.S.C. 1502 et seq.) that this rule will not impose a cost of 
$100 million or more in any given year on local, state, or tribal 
governments or private entities.

List of Subjects in 30 CFR Part 914

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 17, 1999.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 99-7227 Filed 3-24-99; 8:45 am]
BILLING CODE 4310-05-P