[Federal Register Volume 64, Number 135 (Thursday, July 15, 1999)]
[Proposed Rules]
[Pages 38165-38166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17981]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[SPATS No. IN-140-FOR; State Program Amendment No. 98-4]


Indiana Regulatory Program

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

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

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (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 additions of rules 
concerning blaster certification. Indiana intends to revise its program 
to improve operational efficiency.
    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., August 
16, 1999. If requested, we will hold a public hearing on the amendment 
on August 9, 1999. We will accept requests to speak at the hearing 
until 4:00 p.m., e.s.t. on July 30, 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 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, Bureau of Mine 
Reclamation, 402 West Washington Street, Room W-295, Indianapolis, 
Indiana 46204, Telephone: (317) 232-1291.
    Indiana Department of Natural Resources, Division of Reclamation, 
R.R. 2, Box 129, Jasonville, Indiana 47438-9517, Telephone: (812) 665-
2207.

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 July 1, 1999 (Administrative Record No. IND-1659), 
Indiana sent us an amendment to its program under SMCRA. Indiana sent 
the amendment at its own initiative. Indiana proposes to amend the 
Indiana Administrative Code. Below is a summary of the changes proposed 
by Indiana. The full text of the proposed program amendment is 
available for your inspection at the locations listed above under 
ADDRESSES.

A. 310 IAC 12-8-4.1, Application for Certification

    Indiana proposes to add this section to require persons wishing to 
become certified blasters to submit an application for certification to 
the department. The application must be in writing, on forms supplied 
by the department, and completed in accordance with the application 
instructions. If an application form is incomplete, the department will 
notify the applicant of the deficiencies. The applicant will then have 
thirty days to provide the required information. If the applicant does 
not provide the required information, the department will terminate the 
application. The director or an authorized representative may verify 
the information shown on the application. Finally, if the department 
terminates the application, the applicant will not be considered for 
certification. However, the applicant may submit a new application at 
any time.

[[Page 38166]]

B. 30 IAC 12-8-8.1, Renewal

    Indiana proposes to add this section to require a certified blaster 
to renew his or her certification every three years. The request for 
renewal must be submitted to the department in writing, on forms 
supplied by the department, within thirty days prior to expiration of 
the certificate. The department will approve the renewal request if the 
certified blaster has worked at least twelve months of the preceding 
thirty-six as a certified blaster and is not in violation of 310 IAC 
12-8-9. If the certified blaster does not renew his or her 
certification within one year after expiration, the certificate will no 
longer be renewable. A blaster must then submit a new application for 
certification. The department will send a renewal notice to each 
registrant at least two months before expiration of certification. 
Finally, the renewal notice and all other communications will be sent 
to the last address the registrant gave to the department. Failure to 
receive a renewal notice does not relieve the certified blaster of the 
obligation to renew his or her certification.

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 
July 30, 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.

IV. 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 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)).

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: July 7, 1999.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 99-17981 Filed 7-14-99; 8:45 am]
BILLING CODE 4310-05-P