Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules and Regulations 44897

[FR Doc. 97–22412 Filed 8–22–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 914

[SPATS No. IN–136–FOR; State Program

Amendment No. 95–4]

Indiana Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: OSM is approving a proposed

amendment to the Indiana regulatory

program (hereinafter referred to as the

‘‘Indiana program’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). Indiana proposed

revisions and additions to its rules

pertaining to repair or compensation for

material damage resulting from

subsidence caused by underground coal

mining operations and to replacement of

water supplies adversely impacted by

coal mining operations. The amendment

is intended to revise the Indiana

program to be consistent with the

corresponding Federal regulations.

EFFECTIVE DATE: August 25, 1997.

FOR FURTHER INFORMATION CONTACT: Mr.

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, Indiana

46204–1521, Telephone (317) 226–6700.

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. Background

information on the Indiana program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the July 26, 1982, Federal Register (47

FR 32107). Subsequent actions

concerning the conditions of approval

and program amendments can be found

at 30 CFR 914.10, 914.15, and 914.16

II. Submission of the Proposed

Amendment

By letter dated January 14, 1997

(Administrative Record No. IND–1551),

Indiana submitted a proposed

amendment to its program pursuant to

SMCRA. Indiana submitted the

proposed amendment in response to a

May 20, 1996, letter (Administrative

Record No. IND–1540) that OSM sent to

Indiana in accordance with 30 CFR

732.17(c)

OSM announced receipt of the

proposed amendment in the February

18, 1997. Federal Register (62 FR 7189),

and in the same document opened the

public comment period and provided an

opportunity for a public hearing on the

adequacy of the proposed amendment.

The public comment period closed on

March 20, 1997.

During its review of the amendment,

OSM identified some concerns

pertaining to minor word omissions and

spelling and typographical errors. OSM

notified Indiana of these concerns by

letter dated March 26, 1997

(Administrative Record No. IND–1562).

By letter dated May 1, 1997

(Administrative Record NO. IND–1570),

Indiana responded to OSM’s concerns

by stating that the necessary corrections

will be achieved pursuant to a

published Errata. Based upon the State’s

response and the nature of the concerns,

OSM did not reopen the comment

period.

III. Director’s Findings

Set forth below, pursuant to SMCRA

and the Federal regulations at 30 CFR

732.15 and 732.17, are the Director’s

findings concerning the proposed

amendment.

Revisions not specifically discussed

below concern nonsubstantive wording

changes, or revised cross-references and

paragraph notations to reflect

organizational changes resulting from

this amendment.

A. Revisions to Indiana’s Regulations

That Are Substantively Identical to the

Corresponding Federal Regulations

Topic State regulations Federal counterpart regulations

Definition for ‘‘Drinking, domestic, or residential water

supply.

310 IAC 12–0.5–39.5 ............................... 30 CFR 701.5

Definition for ‘‘Material damage’’ ....................................... 310 IAC 12.05–72.1 ................................. 30 CFR 701.5

Definition for ‘‘Noncommercial building’’ ........................... 310 IAC 12.05–75.5 ................................. 30 CFR 701.5

Definition for ‘‘Occupied residential dwelling and structures related thereto’’.310 IAC 12.0–77.5 ................................... 30 CFR 701.5

Definition for ‘‘Replacement of water supply’’ ................... 310 IAC 12.0.5–107.5 .............................. 30 CFR 701.5

Protection of hydrologic balance ....................................... 310 IAC 12–3–81(c)(2) ............................. 30 CFR 784.14(e)(3)(iv)

Subsidence control plan .................................................... 310 IAC 12–3–87.1 .................................. 30 CFR 784.20

Water rights and replacement ........................................... 310 IAC 12–5–94 ..................................... 30 CFR 817.41(j)

Subsidence control: General requirements ...................... 310 IAC 12–5–130.1 ................................ 30 CFR 817.121

Because the above proposed revisions

are identical in meaning to the

corresponding Federal regulations, the

Director finds that Indiana’s proposed

rules are no less effective than the

Federal rules.

IV. Summary and Disposition of

Comments

Public Comments

The Director solicited public

comments and provided an opportunity

for a public hearing on the proposed

amendment. No public comments were

received, and because no one requested

an opportunity to speak at a public

hearing, no hearing was held.

Federal Agency Comments

Pursuant to 30 CFR 732.17(h)(11)(i),

the Director solicited comments on the

proposed amendment from various

Federal agencies with an actual or

potential interest in the Indiana program

(Administrative Record No. IND–1553).

OSM received two comments; one from

the U.S. Department of Labor Mine

Safety and Health Administration and

the other from the U.S. Fish and

Wildlife Service (Administrative Record

Nos. IND–1560 and IND–1559,

respectively). The Mine Safety and

Health Administration responded that it

had no comments on the proposed

amendment. The U.S. Fish and Wildlife

Service commented that it could not
44898 Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules and Regulations

determine if Indiana’s regulations

protect fish and wildlife habitats from

subsidence effects to the same extent

that they are protected by surface

mining regulations. Indiana’s proposed

regulations concerning subsidence are

substantially identical to the Federal

regulations and, therefore, are not

inconsistent with the Federal

requirements. The appropriateness of

the Federal regulations is not at issue in

this rulemaking.

Environmental Protection Agency (EPA)

Pursuant to 30 CFR 732.17(h)(11)(ii),

OSM is required to obtain the written

concurrence of the EPA with respect to

those provisions of the proposed

program amendment that relate to air or

water quality standards promulgated

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,

OSM did not request EPA’s

concurrence.

Pursuant to 732.17(h)(11)(i), OSM

solicited comments on the proposed

amendment from EPA (Administrative

Record No. IND–1553). EPA did not

respond to OSM’s request.

State Historical Preservation Officer

(SHPO) and the Advisory Council on

Historic Preservation (ACHP)

Pursuant to 30 CFR 732.17(h)(4), OSM

is required to solicit comments on

proposed amendments which may have

an effect on historic properties from the

SHPO and ACHP. OSM solicited

comments on the proposed amendment

from the SHPO and ACHP

(Administrative Record No. IND–1553).

Neither SHPO nor ACHP responded to

OSM’s request.

V. Director’s Decision

Based on the above findings, the

Director approves the proposed

amendment as submitted by Indiana on

January 14, 1997, and pursuant to the

State’s letter dated May 1, 1997.

The Director approves the rules as

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.

The Federal regulations at 30 CFR

Part 914, codifying decisions concerning

the Indiana program, are being amended

to implement this decision. This final

rule is being made effective immediately

to expedite the State program

amendment process and to encourage

States to bring their programs into

conformity with the Federal standards

without undue delay. Consistency of

State and Federal standards is required

by SMCRA.

VI. Procedural Determinations

Executive Order 12866

This rule is exempted from review by

the Office of Management and Budget

(OMB) 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 such

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.

National Environmental Policy Act

No environmental impact statement is

required for this rule since 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 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.

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

corresponding Federal regulations.

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: July 29, 1997.

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 adding a new entry in

chronological order by ‘‘Date of Final

Publication’’ to read as follows:

§ 914.15 Approval of Indiana regulatory

program amendments.

* * * * *

Original amendment

submission date Date of final publication Citation/description

* * * * * * *

January 14, 1997 ................ August 25, 1997 ................. 310 IAC 12–0.5–39.5, 72.1, 75.5, 77.5, 107.5; 12–3–81, 87.1; 12–5–94, 130.1
Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules and Regulations 44899

[FR Doc. 97–22413 Filed 8–22–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 934

[ND–036–FOR, Amendment No. XXIV]

North Dakota Regulatory Program

AGENCY: The Office of Surface Mining

Reclamation and Enforcement, Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: Office of Surface Mining

Reclamation and Enforcement (OSM) is

approving a proposed amendment to the

North Dakota regulatory program

(hereinafter, the ‘‘North Dakota

program’’) under the Surface Mining

Control and Reclamation Act of 1977

(SMCRA). North Dakota proposed

deletions of statutes pertaining to the

North Dakota Reclamation Research

Advisory Committee. The amendment

revised the North Dakota program to

improve operational efficiency.

EFFECTIVE DATE: August 25, 1997.

FOR FURTHER INFORMATION CONTACT: Guy

Padgett, Casper Field Office Director,

Telephone: (307) 261–6550, Internet

address:

GPADGETT@CWYGW.OSMRE.GOV.

SUPPLEMENTARY INFORMATION:

I. Background on the North Dakota

Program

On December 15, 1980, the Secretary

of the Interior conditionally approved

the North Dakota program. General

background information on the North

Dakota program, including the

Secretary’s findings, the disposition of

comments, and the conditions of

approval of the North Dakota program

can be found in the December 15, 1980,

Federal Register (45 FR 82214).

Subsequent actions concerning North

Dakota’s program and program

amendments can be found at 30 CFR

934.15, 934.16, and 934.30.

II. Proposed Amendment

By letter dated May 2, 1997, North

Dakota submitted a proposed

amendment to its program (amendment

No. XXIV, administrative record No.

ND–Y–01) pursuant to SMCRA (30

U.S.C. 1201 et seq.). North Dakota

submitted the proposed amendment at

its own initiative. The provisions of the

North Dakota Century Code (NDCC) that

North Dakota proposed to delete were:

NDCC 38–14.1–04.1, Reclamation

Research Advisory Committee; NDCC

38–14.1–04.2, advisory committee

responsibilities; and NDCC 38–14.1–

04.3, reclamation research objectives.

OSM announced receipt of the

proposed amendment in the June 5,

1997, Federal Register (62 FR 30800),

provided an opportunity for a public

hearing or meeting on its substantive

adequacy, and invited public comment

on its adequacy (administrative record

No. ND–Y–06). Because no one

requested a public hearing or meeting,

none was held. The public comment

period ended on July 7, 1997.

III. Director’s Findings

As discussed below, the Director, in

accordance with SMCRA and 30 CFR

732.15 and 732.17, finds that the

proposed program amendment

submitted by North Dakota on May 2,

1997, is not inconsistent with SMCRA.

Accordingly, the Director approves the

proposed amendment.

NDCC 38–14.1–04.1, 2, and 3,

Reclamation Research Advisory

Committee; Advisory Committee

Responsibilities; Reclamation Research

Objectives

These actions established the

Reclamation Research Advisory

Committee, enumerated its

responsibilities, and listed its objectives.

As stated in the narrative that

accompanied this State Program

Amendment, the Committee was set up

to review and inventory reclamation

research projects that have been

conducted in North Dakota, and to

review and recommend proposed

research projects that would be funded

and administrated by the Public Service

Commission. Through the Committee,

the Public Service Commission has

carried out the reviews and inventories

of reclamation research projects that

have been carried out in North Dakota.

With the closing of the North Dakota

State University’s Land Reclamation

Research Center in Mandan and with

very few other active reclamation

research projects in the state, there is no

longer a need for updating this

inventory in the future. In addition,

except for a few abandoned mined land

research projects that were completed

with Federal funds, no funds have been

available to the Commission for carrying

out reclamation research and no funds

are anticipated for Commission funded

reclamation research in the future. Since

there is no longer a need for the

committee, the North Dakota Legislative

voted, and the Governor signed,

legislation to repeal the provisions

establishing it. Since the provisions

concerning the Reclamation Research

Advisory Committee have no

counterpart in SMCRA, repealing the

provisions is not inconsistent with

SMCRA.

IV. Summary and Disposition of

Comments

Following are summaries of all

written comments on the proposed

amendment that were received by OSM,

and OSM’s responses to them.

1. Public Comments

OSM invited public comments on the

proposed amendment, but none were

received.

2. Federal Agency Comments

Pursuant to 30 CFR 732.17(h)(11)(i),

OSM solicited comments on the

proposed amendment from various

Federal agencies with an actual or

potential interest in the North Dakota

program.

The U.S. Fish and Wildlife Service

responded on June 25, 1997, that it

believed the proposed changes by North

Dakota are logical and reasonable

(administrative record No. ND–Y–02).

The U.S. Army Corps of Engineers

responded on June 24, 1997, that it

concurs with the elimination of the

committee (administrative record

number ND–Y–04).

3. Environmental Protection Agency

(EPA) Concurrence and Comments

Pursuant to 30 CFR 732.17(h)(11)(i),

OSM solicited comments from EPA

(administrative record No. ND–Y–05). It

responded June 26, 1997, with a ‘‘no

comment’’ letter (administrative record

No. ND–Y–03).

4. State Historic Preservation Officer

(SHPO) and the Advisory Council on

Historic Preservation (ACHP)

Pursuant to 30 CFR 732.17(h)(4), OSM

solicited comments on the proposed

amendment from the SHPO and ACHP

(administrative record No. ND–Y–05).

Neither SHPO nor ACHP responded to

OSM’s request.

V. Director’s Decision

Based on the above finding, the

Director approves North Dakota’s

proposed amendment as submitted on

May 2, 1997. The Director approves, as

discussed in the Director’s Finding

Section, deletion of NDCC 38–14.1–

04.1, Reclamation Research Advisory

Committee; NDCC 38–14.1–04.2,

Advisory Committee Responsibilities;

and NDCC 38–14.1–04.3, Reclamation

Research Objectives.

The Federal regulations at 30 CFR

Part 934, codifying decisions concerning

the North Dakota program, are being