[Federal Register Volume 69, Number 190 (Friday, October 1, 2004)]
[Rules and Regulations]
[Pages 58830-58833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22018]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[Docket No. IN-154-FOR]


Indiana Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are approving an amendment to the Indiana regulatory program 
(Indiana program) under the Surface Mining Control and Reclamation Act 
of 1977 (SMCRA or the Act). Indiana proposed revisions to and additions 
of rules pertaining to blasting schedules and blaster certification. 
Indiana submitted the amendment at its own initiative and intends to 
revise its program to improve operational efficiency.

EFFECTIVE DATE: October 1, 2004.

FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Chief, Alton Field 
Division. Telephone: (317) 226-6700. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Indiana Program
II. Submission of the Amendment
III. OSM's Findings
IV. Summary and Disposition of Comments
V. OSM'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 State 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 effective 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 32071). You 
can also find later actions concerning the Indiana program and program 
amendments at 30 CFR 914.10, 914.15, 914.16, and 914.17.

II. Submission of the Amendment

    By letter dated June 2, 2004 (Administrative Record No. IND-1727), 
Indiana sent us an amendment to its program under SMCRA (30 U.S.C. 1201 
et seq.). Indiana sent the amendment at its own initiative. Indiana 
proposed revisions to and additions of rules pertaining to blasting 
schedules and blaster certification. Indiana intends to revise its 
program to improve operational efficiency.
    We announced receipt of the proposed amendment in the July 19, 
2004, Federal Register (69 FR 42937). 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. We did not hold a 
public hearing or meeting because no one requested one. The public 
comment period ended on August 18, 2004. We received comments from one 
Federal agency.

III. OSM's Findings

    Following are the findings we made concerning the amendment under 
SMCRA and the Federal regulations at

[[Page 58831]]

30 CFR 732.15 and 732.17. We are approving the amendment as described 
below.

A. Minor Revisions to Indiana's Rules

    Indiana proposed minor wording, editorial, punctuation, 
grammatical, or recodification changes to the following previously-
approved rules: 312 Indiana Administrative Code (IAC) 25-6-31(a)(3) and 
(b), 25-9-5(c), and 25-9-8(b)(1) and (2).
    Because these changes are minor, we find that they will not make 
Indiana's rules less effective than the corresponding Federal 
regulations.

B. 312 IAC 25-6-31 Surface Mining; Explosives; Publication of Blasting 
Schedule

    Indiana proposed to remove the last sentence in subsection (c) that 
requires revised blasting schedules to be approved by the director of 
the Department of Natural Resources before publication and 
distribution. The deleted sentence duplicates a provision that is also 
found at 312 IAC 25-6-32(a). The Indiana regulation at 312 IAC 25-6-
32(a) requires the permittee to submit the blasting schedule required 
by 312 IAC 25-6-31 to the director of the Department of Natural 
Resources for approval 60 days before publishing the schedule.
    The counterpart Federal regulation at 30 CFR 816.64(a) requires 
operators to conduct blasting operations at times approved by the 
regulatory authority and announced in the blasting schedule. Deleting 
the last sentence in subsection (c) will not render Indiana's rule less 
effective than the counterpart Federal regulation. Therefore, we are 
approving the deletion of this sentence.

C. 312 IAC 25-9-5 Examinations

    Indiana proposed to revise subsection (g) by allowing an applicant 
who fails an examination to retake the examination two times without 
reapplying and by requiring an applicant who fails the examination 
three times to retake the certified blaster training course.
    The counterpart Federal regulation at 30 CFR 850.14 requires 
regulatory authorities to ensure that candidates for blaster 
certification are examined, at a minimum, in the topics set forth in 30 
CFR 850.13(b). They do not contain provisions that govern examination 
procedures. We find that Indiana's proposed revisions will allow the 
State more flexibility in administering its blaster certification 
examinations and will not alter the effectiveness of its previously 
approved provisions. We also find that the added requirements appear 
reasonable and are not inconsistent with the requirements of the 
counterpart Federal regulation at 30 CFR 850.14. Therefore, we are 
approving Indiana's revisions to subsection (g).

D. 312 IAC 25-9-8 Renewal

    Indiana proposed to add new subdivision (b)(3) that requires 
certified blasters to obtain a minimum of 15 hours of additional 
training in the topics found in 312 IAC 25-9-3 in order to renew their 
blaster certification. Also, each certified blaster must provide 
documentation of the training, and the training must be approved by the 
Department of Natural Resources. Indiana also proposed to add new 
language to subsection (c) to require blasters whose certifications are 
not renewed for more than 1 year after expiration to retake the 
examination under 312 IAC 25-9-5 and demonstrate completion of 15 hours 
of additional training in the previous 36 months. In addition, if the 
certification is not renewed for five years after expiration, the 
certification will not be renewable.
    The counterpart Federal regulation at 30 CFR 850.15 does not 
contain specific requirements concerning renewal of blaster 
certifications. The Federal regulation at 30 CFR 850.15(a) requires 
regulatory authorities to certify, for a fixed period, candidates 
examined and found to be competent and to have the necessary experience 
to accept responsibility for blasting operations in surface coal mining 
operations. Also, the Federal regulation at 30 CFR 850.15(c) allows 
regulatory authorities to require the periodic reexamination, training, 
or other demonstration of continued blaster competency.
    We find that Indiana's above proposed requirements are reasonable 
and are consistent with the counterpart Federal regulation at 30 CFR 
850.15 and do not alter the effectiveness of the State's previously 
approved blaster certification provisions. Therefore, we are approving 
them.

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on the amendment, but did not receive 
any.

Federal Agency Comments

    On June 10, 2004, under 30 CFR 732.17(h)(11)(i) and section 503(b) 
of SMCRA, we requested comments on the amendment from various Federal 
agencies with an actual or potential interest in the Indiana program 
(Administrative Record No. IND-1729A). The United States Fish and 
Wildlife Service responded on July 12, 2004 (Administrative Record No. 
IND-1731), that it noted no significant issues related to wildlife 
conservation.

Environmental Protection Agency (EPA) Concurrence and Comments

    Under 30 CFR 732.17(h)(11)(ii), we are required to get a written 
concurrence from 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 EPA to concur on the amendment.
    On June 10, 2004, under 30 CFR 732.17(h)(11)(i), we requested 
comments on the amendment from EPA (Administrative Record No. IND-
1729A). 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 June 10, 2004, we requested comments on Indiana's 
amendment (Administrative Record No. IND-1729A), but neither responded 
to our request.

V. OSM's Decision

    Based on the above findings, we approve the amendment Indiana sent 
us on June 2, 2004.
    We approve the rules proposed by Indiana with the provision that 
they be fully promulgated 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 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. SMCRA requires consistency of State and Federal standards.

[[Page 58832]]

VI. Procedural Determinations

Executive Order 12630--Takings

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

Executive Order 12866--Regulatory Planning and Review

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866.

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 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 
the Federal regulations at 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 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 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 pursuant to SMCRA.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have evaluated the 
potential effects of this rule on Federally-recognized Indian tribes 
and have determined that the rule does not have substantial direct 
effects on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes. 
This determination is based on the fact that the Indiana program does 
not regulate coal exploration and surface coal mining and reclamation 
operations on Indian lands. Therefore, the Indiana program has no 
effect on Federally-recognized Indian tribes.

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

    This rule does not require an environmental impact statement 
because section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that 
agency decisions on proposed 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 certifies 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. 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; and (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 an unfunded mandate on State, local, or 
tribal governments or the private sector of $100 million or more in any 
given year. 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 did not impose an 
unfunded mandate.

List of Subjects in 30 CFR Part 914

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: September 3, 2004.
Charles E. Sandberg,
Regional Director, Mid-Continent Regional Coordinating Center.

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For the reasons set out in the preamble, 30 CFR part 914 is amended as 
set forth below:

PART 914--INDIANA

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1. The authority citation for part 914 continues to read as follows:

    Authority: 30 U.S.C. 1201 et seq.

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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.

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[[Page 58833]]



------------------------------------------------------------------------
 Original amendment submission    Date of final
             date                  publication      Citation/description
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                              * * * * * * *
June 2, 2004..................  October 1, 2004..  312 IAC 25-6-31(c);
                                                    25-9-5(g); 25-9-
                                                    8(b)(3) and (c).
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[FR Doc. 04-22018 Filed 9-30-04; 8:45 am]
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