[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]
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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: Final rule; approval of amendment.
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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.
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Original amendment submission date Date of final publication Citation/description
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July 1, 1999......................... October 26, 1999............. 310 IAC 12-8-4.1; -8.1.
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[FR Doc. 99-27846 Filed 10-25-99; 8:45 am]
BILLING CODE 4310-05-P