[Federal Register Volume 64, Number 206 (Tuesday, October 26, 1999)]
[Rules and Regulations]
[Pages 57565-57567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27846]


=======================================================================
-----------------------------------------------------------------------

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: Final rule; approval of amendment.

-----------------------------------------------------------------------

SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is approving an amendment to the Indiana regulatory program (Indiana 
program) under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). Indiana proposed additions of rules concerning blaster 
certification. Indiana intends to revise its program to improve 
operational efficiency.

EFFECTIVE DATE: October 26, 1999.

FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Director, 
Indianapolis Field Office, Office of

[[Page 57566]]

Surface Mining, Minton-Capehart Federal Building, 575 North 
Pennsylvania Street, Room 301, Indianapolis, Indiana 46204-1521. 
Telephone (317) 226-6700. Internet: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Indiana Program
II. Submission of the Proposed 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 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, 914.16, and 914.17.

II. Submission 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. This amendment 
replaces State Program Amendment No. 94-6, which we approved in the 
March 10, 1995, Federal Register (60 FR 13038). Indiana sent the 
amendment, which amends the Indiana Administrative Code (IAC), at its 
own initiative.
    We announced receipt of the amendment in the July 15, 1999, Federal 
Register (64 FR 38165). In the same document, we opened the public 
comment period and provided an opportunity for a public hearing or 
meeting on the adequacy of the amendment. The public comment period 
closed on August 16, 1999. Because no one requested a public hearing or 
meeting, we did not hold one.

III. Director's Findings

    Following, under SMCRA and the Federal regulations at 30 CFR 732.15 
and 732.17, are our findings concerning the amendment.

A. Withdrawal of Previously Approved Amendment

    Indiana notified us in its letter dated July 23, 1997 
(Administrative Record No. IND-1578), that the statutory time frame for 
approving State Program Amendment No. 94-6 had expired prior to final 
approval. We approved this amendment, dated December 7, 1994 
(Administrative Record No. IND-1416), on March 10, 1995 (60 FR 13038). 
Since Indiana did not adopt the amendment, we are removing our approval 
and amending 30 CFR 914.15 to reflect this decision.

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

    Indiana proposed 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.
    Federal regulations at 30 CFR 850.15(a) require regulatory 
authorities to certify for a fixed period those candidates qualified to 
accept responsibility for blasting operations. We find that the 
proposed regulations at 310 IAC 12-8-4.1 are consistent with the 
Federal regulations at 30 CFR 850.15(a).

C. 30 IAC 12-8-8.1, Renewal

    Indiana proposed 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.
    Federal regulations at 30 CFR 850.15(c) allow a regulatory 
authority to require periodic reexamination, training, or other 
demonstration of continued blaster competency. The proposed regulations 
at 310 IAC 12-8-8.1 are consistent with the Federal regulations at 30 
CFR 850.15(c). Therefore, we approve them.

IV. Summary and Disposition of Comments

Public Comments

    OSM requested public comments on the proposed amendment, but did 
not receive any.

Federal Agency Comments

    Under 30 CFR 732.17(h)(11)(i), we requested comments on the 
amendment from various Federal agencies with an actual or potential 
interest in the Indiana program (Administrative Record No. IND-1660). 
By letter dated July 19, 1999 (Administrative Record No. IND-1661), the 
Mine Safety and Heath Administration (MSHA) responded to our request by 
stating that Indiana's amendment does not conflict with MSHA 
regulations or policies.

Environmental Protection Agency (EPA)

    Under 30 CFR 732.17(h)(11)(ii), we are required to get a written 
agreement from the EPA for those provisions of the program amendment 
that relate to air or water quality standards issued 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.). None of the revisions that Indiana 
proposed to make in this amendment pertain to air or water quality 
standards. Therefore, we did not ask the EPA to agree on the amendment.
    Under 30 CFR 732.17(h)(11)(i), we requested comments on the 
amendment from the EPA (Administrative Record No. IND-1660). The EPA 
did not respond to our request.

State Historical Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP)

    Under 30 CFR 732.17(h)(4), we are required to request comments from 
the SHPO and ACHP on amendments that may have an effect on historic 
properties. On July 8, 1999, we requested comments on Indiana's 
amendment (Administrative Record No. IND-1660), but neither responded 
to our request.

V. Director's Decision

    Based on the above findings, we approve the amendment as sent to us 
by

[[Page 57567]]

Indiana on July 1, 1999. We approve the rules that Indiana proposed 
with the provision that they be published in identical form to the 
rules submitted to and reviewed by OSM and the public.
    To implement this decision, we are amending the Federal regulations 
at 30 CFR Part 914, which codify decisions concerning the Indiana 
program. We are making this final rule effective immediately to 
expedite the State program amendment process and to encourage Indiana 
to bring its program into conformity with the Federal standards. SMCRA 
requires consistency of State and Federal standards.
    For reasons discussed in finding III.A., we are also amending 30 
CFR Part 914 by removing the approval of an amendment that Indiana 
submitted on December 7, 1994.

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 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: October 6, 1999.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
    For the reasons set out in the preamble, 30 CFR part 914 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. Section 914.15 is amended in the table by removing the entry for 
``Original amendment submission date'' of December 7, 1994, and by 
adding a new entry in chronological order by ``Date of final 
publication'' to read as follows:


Sec. 914.15  Approval of Indiana regulatory program amendments.

* * * * *

----------------------------------------------------------------------------------------------------------------
  Original amendment submission date     Date of final publication               Citation/description
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
July 1, 1999.........................  October 26, 1999.............  310 IAC 12-8-4.1; -8.1.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 99-27846 Filed 10-25-99; 8:45 am]
BILLING CODE 4310-05-P