[Federal Register Volume 66, Number 222 (Friday, November 16, 2001)]
[Rules and Regulations]
[Pages 57655-57660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28760]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[SPATS No. IN-152-FOR; State Program Amendment No. 2001-1]


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, with additional requirements, an amendment to the Indiana 
regulatory program (Indiana program) under the Surface Mining Control 
and Reclamation Act of 1977 (SMCRA or the Act). The proposed amendment 
concerns recodification of Indiana's administrative rules for coal 
mining and reclamation operations. It also includes revisions to the 
rules pertaining to the definition of ``affected area,'' identification 
of interests, compliance information, general requirements for 
reclamation plans, public availability of information included in 
permit applications, and permit conditions. Indiana recodified its 
rules in response to Indiana legislation requiring all administrative 
rules to be readopted every seven years.

EFFECTIVE DATE: November 16, 2001.

FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Director, 
Indianapolis Field Office, Office of 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 Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations

I. Background on the Indiana Program

    Section 503(a) of the Act permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that 
its program includes, among other things, ``* * * a State law which 
provides for the regulation of surface coal mining and reclamation 
operations in accordance with the requirements of this Act * * *; and 
rules and regulations consistent with regulations issued by the 
Secretary pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On 
the basis of these criteria, the Secretary of the Interior 
conditionally approved the Indiana program on July 29, 1982. 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 Amendment

    By letter dated August 21, 2001 (Administrative Record No. IND-
1712), Indiana sent us an amendment to its program under SMCRA and the 
Federal regulations at 30 CFR 732.17(b). Indiana sent the amendment at 
its own initiative. Indiana recodified its administrative rules from 
Title 310 Indiana Administrative Code (IAC) 12 to Title 312 IAC 25. The 
amendment also includes revisions to Indiana's recodified rules at 312 
IAC 25-1-8, definition of ``affected area''; 312 IAC 25-4-17, surface 
mining permit applications-identification of interests; 312 IAC 25-4-
18, surface mining permit applications-compliance information; 312 IAC 
25-4-45, general requirements for reclamation plans, 312 IAC 25-4-58, 
underground mining permit applications-identification of interests; 312 
IAC 25-4-59, underground mining permit applications-compliance 
information; 312 IAC 25-4-113, public availability of permit 
application information; and 312 IAC 25-4-118, permit conditions.
    We announced receipt of the amendment in the September 20, 2001, 
Federal Register (66 FR 48390). 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 October 22, 2001. We did not receive any public comments.
    During our review of the amendment, we identified concerns about 
Indiana's rules pertaining to identification of interests at 312 IAC 
25-4-17(d), (e), and (f), general requirements for reclamation plans at 
312 IAC 25-4-45, public availability of information contained in permit 
applications at 312 IAC 25-4-113, permit conditions at 312 IAC 25-4-
118(4), and editorial errors. We notified Indiana of these concerns by 
letter dated September 18, 2001 (Administrative Record No. IND-1715).
    In its letter of August 21, 2001 (Administrative Record No. IND-
1712), Indiana indicated that it would make any necessary corrections 
or revisions to its rules at a later date.

III. Director's Findings

    This section contains the Director's findings concerning the 
amendment to the Indiana program. We are making these findings in 
accordance with the criteria and procedural requirements of the Federal 
regulations at 30 CFR 732.15 and 732.17. Any revisions that we do not 
discuss below are minor wording changes or revised cross-references and 
paragraph notations to reflect organizational changes resulting from 
this amendment.

A. Recodification of Indiana's Rules

    Indiana recodified its administrative rules for coal mining and 
reclamation operations by repealing its previously approved rules at 
310 IAC 12 and replacing them with generally similar rules at 312 IAC 
25. The State took this action because Indiana Code (IC) 4-22-2.5 
requires the readoption of administrative rules every seven years. 
Under IC 4-22-2.5-2, Indiana's previously approved rules at 310 IAC 12 
will expire on January 1, 2002. In addition to renumbering and 
reformatting, Indiana made minor wording, editorial, and punctuation 
changes throughout the recodified rules.
    Except as discussed in the findings below, we find that the 
recodification of Indiana's rules is nonsubstantive in nature and that 
the changes made in the recodification process do not alter the 
findings that we made for the previous rules. Therefore, we are 
approving the recodified rules, with the caveats noted below.

[[Page 57656]]

B. 312 IAC 25-1-8 Definition of Affected Area

    Indiana recodified its definition of ``affected area'' at 312 IAC 
25-1-8 with revisions to the currently approved language. The revised 
definition reads as follows:

    Affected area means a land or water surface area which is used 
to facilitate, or is physically altered by, surface coal mining and 
reclamation operations. The term includes any of the following:
    (1) The disturbed area.
    (2) An area upon which surface coal mining and reclamation 
operations are conducted.
    (3) Adjacent land the use of which is incidental to surface coal 
mining and reclamation operations.
    (4) An area covered by new or existing roads used to gain access 
to, or for hauling coal to or from, surface coal mining and 
reclamation operations.
    (5) A site covered by surface excavations, workings, 
impoundments, dams, ventilation shafts, entryways, refuse banks, 
dumps, stockpiles, overburden piles, spoil banks, culm banks, 
tailings, holes or depressions, repair areas, storage areas, or 
shipping areas.
    (6) An area upon which are sited structures, facilities, or 
other material on the surface resulting from, or incidental to, 
surface coal mining reclamation operations.
    (7) The area located above underground workings of a mine.

Indiana's revised definition contains substantively the same language 
as the counterpart Federal definition with minor wording and structural 
differences. It does not contain the language that is currently 
suspended from the Federal definition. [The Federal definition is 
suspended insofar as it excludes roads that are included in the 
definition of ``surface coal mining operations'' (51 FR 41952; November 
20, 1986).] Because Indiana defines ``affected area'' to include all 
areas, lands, and sites specified in the Federal definition at 30 CFR 
701.5, we find that Indiana's definition at 312 IAC 25-1-8 is no less 
effective than the Federal definition.

C. Surface Mining and Underground Mining Permit Application 
Requirements-Identification of Interests, Compliance Information, and 
Permit Conditions

    On January 23, 1997, Indiana adopted revisions to its rules 
concerning identification of interests and compliance information and 
added a section to its rules on permit conditions. Indiana based the 
revisions and addition to its rules on the Federal regulations at 30 
CFR 773.17, 778.13 and 778.14 that existed on January 23, 1997. These 
revised rules were submitted as part of this amendment.
    On December 19, 2000 (65 FR 79582), we made changes to the Federal 
regulations cited above. In reviewing this amendment, we evaluated only 
those revisions that Indiana made on January 23, 1997, against the 
corresponding provisions of the December 19, 2000, Federal regulations. 
We did not compare the Indiana rules in their entirety with the 
December 19, 2000, regulations in their entirety. Indiana may need to 
make further changes to its rules after we evaluate the State program 
against the changes made to the Federal regulations on December 19, 
2000, in their entirety. We will conduct that evaluation at a later 
date and notify Indiana in accordance with 30 CFR 732.17(d) and (e) if 
any additional changes are necessary.
    Following are our findings on the revisions that Indiana made to 
its rules on January 23, 1997.
1. 312 IAC 25-4-17 Surface Mining Permit Applications-Identification of 
Interests and 312 IAC 25-4-58 Underground Mining Permit Applications-
Identification of Interests
    a. Indiana's rule at 312 IAC 25-4-17 specifies the information that 
must be included in a surface mining permit application for 
identification of interests. Indiana added 312 IAC 25-4-17(b)(5) to 
require an applicant for a surface coal mining permit to submit the 
application number or other identifier of, and the regulatory authority 
for, any other pending surface coal mining operation permit application 
filed by each person who owns or controls the applicant under the 
definition of ``owned or controlled'' and ``owns or controls'' in 312 
IAC 25-1-94.
    As revised on December 19, 2000, the corresponding Federal 
regulation at 30 CFR 778.12(b) no longer requires this information. 
However, we find that its addition to the Indiana program will not 
cause the program to be less effective than the Federal regulations. 
Therefore, we are approving the addition of 312 IAC 25-4-17(b)(5) to 
the Indiana program.
    b. Indiana's rule at 312 IAC 25-4-58(a) specifies the information 
that must be included in an underground mining permit application for 
identification of interests. The existing provisions were revised to 
make the new rule consistent with Indiana's surface mining permit 
application requirements for identification of interests at 312 IAC 25-
4-17. The corresponding Federal regulations at 30 CFR 778.11, 778.12, 
and 778.13 apply to applications for both surface and underground mine 
permits. Therefore, Indiana's decision to make these underground mine 
permit application information rules consistent with the corresponding 
surface mine permit application information rules is consistent with 
the Federal regulations. None of the specific changes that Indiana has 
made would cause the Indiana rules to be less effective than the 
counterpart Federal regulations. Therefore, we are approving the 
revisions to the Indiana rules.
    However, as noted above in finding C, on December 19, 2000, we made 
numerous revisions to the counterpart Federal regulations. When we 
conduct a comparison of those rules in their entirety with the Indiana 
rules in their entirety, we may identify additional changes that 
Indiana will need to make for its program to remain no less effective 
than the Federal regulations. If we identify any such changes, we will 
notify Indiana in accordance with 30 CFR 732.17(d) and (e).
    c. Indiana added the following provision at 312 IAC 25-4-58(b):

    After an applicant is notified that the application is approved, 
but before the permit is issued, the applicant shall, as applicable, 
update, correct, or indicate that no change has occurred in the 
information previously submitted under subsection (a)(1) through 
(a)(4).

    We find that Indiana's rule at 312 IAC 25-4-58(b) contains 
substantively the same requirements for updating information as the 
counterpart Federal regulation at 30 CFR 778.9(d). Therefore, it is no 
less effective than the Federal regulation, and we are approving its 
addition to the Indiana program.
    d. Indiana added a provision at 312 IAC 25-4-58(c) that requires 
the applicant to submit the information required by 312 IAC 25-4-58 and 
25-4-59 in any format that is issued by the commission. Indiana also 
specifies that the commission's format must conform to the format 
requirements of OSM.
    There is no longer any direct counterpart Federal regulation to 
this State rule. As noted in the preamble to our December 19, 2000, 
final rule (65 FR 79644), ``the regulatory authority should have the 
flexibility to prescribe whatever format it deems appropriate'' for 
submittal of application information. Therefore, we find that nothing 
in Indiana's rule at 312 IAC 25-4-58(c) would cause its program to be 
less effective than the Federal regulations, and we are approving the 
addition of this rule.

[[Page 57657]]

2. 312 IAC 25-4-18 Surface Mining Permit Applications-Compliance 
Information and 312 IAC 25-4-59 Underground Mining Permit Applications-
Compliance Information
    Indiana's rules at 312 IAC 25-4-18 and 25-4-59 specify the 
information that must be included in a permit application concerning 
permit suspensions or revocations, bond forfeitures, and notices of 
violation.
    a. At 312 IAC 25-4-18(a)(1)(A) and 25-4-59(a)(1)(A), Indiana 
removed the language ``or in the process of revocation.'' As revised, 
these subsections require each application to contain a statement on 
whether the applicant or any subsidiary, affiliate, or persons 
controlled by or under common control with the applicant has had a 
Federal or State coal mining permit suspended or revoked in the five 
years preceding the date of submission of the application.
    The counterpart Federal regulation at 30 CFR 778.14(a)(1) requires 
a similar statement for those permits that were suspended or revoked, 
but not for those that are in the process of revocation. Therefore, we 
find that Indiana's removal of the language ``or in the process of 
revocation'' will not make these previously approved rules less 
effective than the Federal regulations. Accordingly, we are approving 
this change.
    b. Indiana revised 312 IAC 25-4-18(a)(3) and 25-4-59(a)(3) to 
require that an application contain a list of all outstanding violation 
notices received prior to the date of the application by any surface 
coal mining operation that is deemed or presumed to be owned or 
controlled by either the applicant or any person who is deemed or 
presumed to own or control the applicant. As revised on December 19, 
2000, the corresponding Federal regulation at 30 CFR 778.14(c) no 
longer requires violation information for a person who is deemed or 
presumed to own or control the applicant. However, we find that 
Indiana's revision will not make its program less effective than the 
Federal regulations.
    Indiana also added a provision to 312 IAC 25-4-18(a)(3) and 25-4-
59(a)(3) that requires an applicant to certify that violations for 
which abatement periods have not expired are in the process of being 
abated. We find that Indiana's requirement is substantively similar to 
and therefore no less effective than the corresponding Federal 
regulation requirement at 30 CFR 778.14(c)(7).
    Based on the above discussion, we are approving the revisions to 
312 IAC 25-4-18(a)(3) and 25-4-59(a)(3). However, as noted above in 
finding C, on December 19, 2000, we made numerous revisions to the 
counterpart Federal regulations. When we conduct a comparison of those 
rules in their entirety with the Indiana rules in their entirety, we 
may identify additional changes that Indiana will need to make for its 
program to remain no less effective than the Federal regulations. If we 
identify any such changes, we will notify Indiana in accordance with 30 
CFR 732.17(d) and (e).
    c. Indiana added the following new provision at 312 IAC 25-4-59(b):

    (b) After the applicant is notified that his or her application 
is approved, but before the permit is issued, the applicant shall as 
applicable, update, correct, or indicate that no change has occurred 
in the information previously submitted under this section.

    We find that Indiana's rule at 312 IAC 25-4-59(b) contains 
substantively the same requirements for updating information as the 
counterpart Federal regulation at 30 CFR 778.9(d). Therefore, it is no 
less effective than the Federal regulation, and we are approving its 
addition to the Indiana program.
3. 312 IAC 25-4-118 Permit Conditions
    Indiana added 312 IAC 25-4-118 to specify the conditions under 
which a permit is issued. Section 25-4-118(1) requires the permittee to 
conduct surface coal mining and reclamation operations only on those 
lands that are specifically designated as the permit area and bonded. 
Section 25-4-118(2) requires the permittee to conduct operations only 
as described in the approved application, except to the extent 
otherwise directed in the permit. Section 25-4-118(3) requires the 
permittee to comply with the terms and conditions of the permit and all 
applicable performance standards and requirements of the Indiana 
program. Section 25-4-118(4) requires permittees to allow authorized 
representatives of the Director of the Indiana Department of Natural 
Resources to have right of entry to surface coal mining and reclamation 
operations for inspections, monitoring, and enforcement and to be 
accompanied by private persons when the inspection is in response to an 
alleged violation reported by a private person. Section 25-4-118(5) 
requires the permittee to take all possible steps to minimize adverse 
impacts to the environment or public health and safety resulting from a 
noncompliance with any term or condition of the permit. Section 25-4-
118(6) requires the permittee to comply with the requirements of the 
Indiana program for compliance, modification, or abandonment of 
existing structures. Section 25-4-118(7) requires the operator to pay 
all reclamation fees. Section 25-4-118(8) requires the permittee to 
submit updates, if any, to the information previously submitted under 
312 IAC 25-4-17(c) within 30 days after a cessation order is issued 
under 312 IAC 25-7-5, except where a stay of the cessation order is 
granted and remains in effect.
    We find that, with the exception of the proposed provision in 
subdivision (4), 312 IAC 25-4-118(1) through (7) are substantively 
identical to and therefore no less effective than the counterpart 
Federal regulation at 30 CFR 773.17. We also find that the post-permit 
issuance information requirements of 312 IAC 25-4-118(8) are 
substantively the same as and therefore no less effective than the 
requirements of the Federal regulation at 30 CFR 774.12(a) and (b).
    However, Indiana's rule at 312 IAC 25-4-118(4) only requires 
permittees to allow authorized representatives of the Director of the 
Indiana Department of Natural Resources to have right of entry to 
surface coal mining and reclamation operations for inspections, 
monitoring, and enforcement and to be accompanied by private persons 
under specified conditions. The counterpart Federal regulation at 30 
CFR 773.17(d) requires permittees to allow authorized representatives 
of the State regulatory authority and the Secretary of the Interior to 
have right of entry and to be accompanied by private persons under the 
same specified conditions.
    For the reasons discussed above, we are approving 312 IAC 25-4-
118(1) through (8). However, we are requiring Indiana to revise 312 IAC 
25-4-118(4) or otherwise modify its program to require permittees to 
allow authorized representatives of the Secretary of the Interior to 
have right of entry to surface coal mining and reclamation operations 
for purposes of inspections, monitoring, and enforcement and to be 
accompanied by private persons under specified conditions.

D. 312 IAC 25-4-17 Surface Mining Permit Applications-Identification of 
Interests

    Indiana's rule at 312 IAC 25-4-17 specifies the information that 
must be included in a surface mining permit application for 
identification of interests. Indiana made nonsubstantive revisions to 
the previously approved provisions in this section to comply with 
formatting guidelines set forth by the Indiana Legislative Services 
Agency. However, in recodifying subsections (d), (e), and (f), Indiana 
inadvertently removed language that required an

[[Page 57658]]

applicant to submit the information in subsections (d), (e), and (f) 
with an application. Therefore, while we are generally approving the 
recodified version of Indiana's rule as having no changes that would 
cause the State program to be less effective than the corresponding 
Federal regulation, we are requiring Indiana to revise 312 IAC 25-4-
17(d), (e), and (f) to clarify that the information listed in those 
subsections must be submitted with the permit application.

E. 312 IAC 25-4-45 Surface Mining Permit Applications-General 
Requirements For Reclamation Plans

    Indiana recodified its previously approved general requirements for 
reclamation plans at 312 IAC 25-4-45. We find that, with one exception, 
the recodified rule is substantively the same as and therefore no less 
effective than the counterpart Federal regulation at 30 CFR 780.18. In 
the recodification process, Indiana removed ``total depth'' as one of 
the factors that an operator is to evaluate to demonstrate the 
suitability of topsoil substitutes or supplements at 312 IAC 25-4-
45(b)(4). We consider ``total depth'' to be one of the factors that 
must be evaluated to demonstrate the suitability of topsoil substitutes 
or supplements. Therefore, we are approving 312 IAC 25-4-45 with the 
requirement that Indiana revise 312 IAC 25-4-45(b)(4) to require the 
demonstration of the suitability of topsoil substitutes or supplements 
to also be based upon analysis of the ``total depth'' of the different 
kinds of soils.

F. 312 IAC 25-4-113 Public Availability of Permit Application 
Information

    Indiana recodified its previously approved provisions concerning 
public availability of permit application information at 312 IAC 25-4-
113 with two exceptions: (1) Indiana did not recodify previously 
approved language that allows a person to oppose or seek disclosure of 
confidential information; and (2) Indiana did not recodify a previously 
approved provision concerning the confidentiality of information on the 
nature and location of archaeological resources on public and Indian 
land. These omissions have the effect of removing those provisions from 
the Indiana program.
    Apart from the two noted exceptions, Indiana's rule at 312 IAC 25-
4-113 contains substantively the same requirements for public 
availability of permit application information as the counterpart 
Federal regulation at 30 CFR 773.6(d). Therefore, we find that, apart 
from those exceptions, the Indiana rule is no less effective than the 
Federal regulation.
    For the reasons discussed above, we are both approving 312 IAC 25-
4-113 and requiring Indiana to (1) add language at 312 IAC 25-4-113(f) 
or otherwise revise its program to allow a person to oppose or seek 
disclosure of confidential information and (2) add a provision, 
consistent with 30 CFR 773.6(d)(3)(iii), that classifies information on 
the nature and location of archeological resources on public land and 
Indian land as qualified confidential information in accordance with 
the Archeological Resources Protection Act of 1979.

IV. Summary and Disposition of Comments

Federal Agency Comments

    On August 24, 2001, as required by section 503(b) of SMCRA and 30 
CFR 732.17(h)(11)(i) of the Federal regulations, we requested comments 
on the amendment from various Federal agencies with an actual or 
potential interest in the Indiana program (Administrative Record No. 
IND-1714). We did not receive any comments.

Environmental Protection Agency (EPA)

    Under 30 CFR 732.17(h)(11)(ii), we are required to obtain the 
written concurrence of 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 for its 
concurrence.
    As required by 30 CFR 732.17(h)(11)(i), we requested comments on 
the amendment from the EPA (Administrative Record No. IND-1714). 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 for amendments that may have an effect on historic 
properties. On August 24, 2001, we requested comments on Indiana's 
amendment (Administrative Record No. IND-1714), but we received no 
response to our request.

Public Comments

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

V. Director's Decision

    Based on the above findings, we approve, with additional 
requirements, the amendment as sent to us by Indiana on August 21, 
2001. Findings C.3, D, E, and F discuss the additional changes that we 
are requiring in 312 IAC 25-4-118, 25-4-17, 25-4-45, and 25-4-113.
    To implement this decision, we are amending the Federal regulations 
at 30 CFR Part 914, which codify decisions concerning the Indiana 
program. We find that good cause exists under 5 U.S.C. 553(d)(3) to 
make this final rule effective immediately. Section 503(a) of SMCRA 
requires that the State's program demonstrate that the State has the 
capability of carrying out the provisions of the Act and meeting its 
purposes. Making this rule effective immediately will expedite that 
process.

Effect of Director's Decision

    Section 503 of SMCRA provides that a State may not exercise 
jurisdiction under SMCRA unless the State program is approved by the 
Secretary. Similarly, 30 CFR 732.17(a) requires that any alteration of 
an approved State program be submitted to OSM for review as a program 
amendment. The Federal regulations at 30 CFR 732.17(g) prohibit any 
changes to approved State programs that are not approved by OSM. In the 
oversight of the Indiana program, we will recognize only the statutes, 
regulations and other materials approved by the Secretary or by us, 
together with any consistent implementing policies, directives and 
other materials. We will require the enforcement by Indiana of only 
those provisions.

VI. Procedural Determinations

Executive Order 12866--Regulatory Planning and Review

    This rule is exempt from review by the Office of Management and 
Budget under Executive Order 12866.

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the counterpart Federal 
regulations.

Executive Order 13132--Federalism

    This rule does not have federalism implications. SMCRA delineates 
the roles of the Federal and State governments with regard to the 
regulation of surface coal mining and reclamation operations. One of 
the purposes of SMCRA is to ``establish a nationwide program to protect 
society and the environment from the adverse effects of surface coal 
mining

[[Page 57659]]

operations.'' Section 503(a)(1) of SMCRA requires that State laws 
regulating surface coal mining and reclamation operations be ``in 
accordance with'' the requirements of SMCRA, and section 503(a)(7) 
requires that State programs contain rules and regulations ``consistent 
with'' regulations issued by the Secretary under SMCRA.

Executive Order 12988--Civil Justice Reform

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

Executive Order 13211--Regulations That Significantly Affect The 
Supply, Distribution, or Use of Energy

    On May 18, 2001, the President issued Executive Order 13211 which 
requires agencies to prepare a Statement of Energy Effects for a rule 
that is (1) considered significant under Executive Order 12866 and (2) 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Because this rule is exempt from review 
under Executive Order 12866 and is not expected to have a significant 
adverse effect on the supply, distribution, or use of energy, a 
Statement of Energy Effects is not required.

National Environmental Policy Act

    Section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that a 
decision on a proposed State regulatory program provision does not 
constitute a major Federal action within the meaning of section 
102(2)(C) of the National Environmental Policy Act (NEPA) (42 U.S.C. 
4332(2)(C)). A determination has been made that such decisions are 
categorically excluded from the NEPA process (516 DM 8.4.A).

Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by the Office of Management and Budget 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.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    a. Does not have an annual effect on the economy of $100 million.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, federal, state, or local government 
agencies, or geographic regions.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.
    This determination is based upon the fact that the State submittal 
which is the subject of this rule is based upon counterpart Federal 
regulations for which an analysis was prepared and a determination made 
that the Federal regulation was not considered a major rule.

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: October 22, 2001.
Charles E. Sandberg,
Acting 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 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.

* * * * *

----------------------------------------------------------------------------------------------------------------
                                            Date of final
  Original amendment submission date         publication                      Citation/description
----------------------------------------------------------------------------------------------------------------
 
                             *        *        *        *        *        *        *
August 21, 2001......................  November 16, 2001......  Recodification of rules from 310 IAC 12 to 312
                                                                 IAC 25; nonsubstantive revisions to those
                                                                 rules; substantive revisions to 312 IAC 25-1-8,
                                                                 25-4-17, 25-4-18, 25-4-45, 25-4-58, 25-4-59, 25-
                                                                 4-113, and 25-4-118.
----------------------------------------------------------------------------------------------------------------


    3. Section 914.16 is amended by adding paragraphs (jj), (kk), (ll), 
and (mm) to read as follows:


Sec. 914.16  Required program amendments.

* * * * *
    (jj) By February 14, 2002, Indiana must submit either an amendment 
or a description of an amendment to be proposed, together with a 
timetable for adoption, to revise 312 IAC 25-4-17(d), (e), and (f) or 
otherwise modify the Indiana regulatory program to clarify that the 
information specified in those

[[Page 57660]]

subsections must be submitted with the permit application.
    (kk) By February 14, 2002, Indiana must submit either an amendment 
or a description of an amendment to be proposed, together with a 
timetable for adoption, to revise 312 IAC 25-4-118(4) or otherwise 
modify the Indiana regulatory program to require permittees to allow 
authorized representatives of the Secretary of the Interior to have 
right of entry to surface coal mining and reclamation operations for 
purposes of inspections, monitoring, and enforcement and to be 
accompanied by private persons under the conditions specified in 30 CFR 
773.17(d)(2).
    (ll) By February 14, 2002, Indiana must submit either an amendment 
or a description of an amendment to be proposed, together with a 
timetable for adoption, to revise 312 IAC 25-4-45(b)(4) or otherwise 
modify the Indiana regulatory program to require the demonstration of 
the suitability of topsoil substitutes or supplements to also be based 
upon analysis of the ``total depth'' of the different kinds of soils.
    (mm) By February 14, 2002, Indiana must submit either an amendment 
or a description of an amendment to be proposed, together with a 
timetable for adoption, to:
    (1) Revise 312 IAC 25-4-113(f) or otherwise modify the Indiana 
program to allow a person to oppose or seek disclosure of confidential 
information.
    (2) Revise 312 IAC 25-4-113 or otherwise modify the Indiana program 
to add a provision, consistent with 30 CFR 773.6(d)(3)(iii), that 
classifies information on the nature and location of archeological 
resources on public land and Indian land as qualified confidential 
information in accordance with the Archeological Resources Protection 
Act of 1979.
[FR Doc. 01-28760 Filed 11-15-01; 8:45 am]
BILLING CODE 4310-05-P