[Federal Register Volume 62, Number 32 (Tuesday, February 18, 1997)]
[Proposed Rules]
[Pages 7192-7193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3898]



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DEPARTMENT OF THE INTERIOR
30 CFR Part 914

[SPATS No. IN-138-FOR; Amendment No. 95-3 II]


Indiana Regulatory Program

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing.

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SUMMARY: OSM is announcing receipt of a proposed amendment to the 
Indiana regulatory program (hereinafter the ``Indiana program'') under 
the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The 
proposed amendment consists of revisions to the Indiana Administrative 
Code (IAC) regulations pertaining to Indiana's small operator 
assistance program. The amendment is intended to revise the Indiana 
regulations to be consistent with the corresponding Federal regulations 
and to incorporate changes desired by the State.

DATES: Written comments must be received by 4:00 p.m., e.s.t., March 
20, 1997. If requested, a public hearing on the proposed amendment will 
be held on March 16, 1997. Requests to speak at the hearing must be 
received by 4:00 p.m., e.s.t., on March 5, 1997.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Ronald F. Griffin, Acting Director, 
Indianapolis Field Office, at the address listed below.

    Copies of the Indiana program, the proposed amendment, a listing of 
any scheduled public hearings, and all written comments received in 
response to this document will be available for public review at the 
addresses listed below during normal business hours, Monday through 
Friday, excluding holidays. Each requester may receive one free copy of 
the proposed amendment by contacting OSM's Indianapolis Field Office.

Ronald F. Griffin, Acting 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.
Indiana Department of Natural Resources, 402 West Washington Street, 
Room C256, Indianapolis, Indiana 46204, Telephone: (317) 232-1547.

FOR FURTHER INFORMATION CONTACT: Ronald F. Griffin, Acting Director, 
Indianapolis Field Office, Telephone: (317) 226-6700.

SUPPLEMENTARY INFORMATION:

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. Description of the Proposed Amendment

    By letter dated January 13, 1997 (Administrative Record No. IND-
1550), the Indiana Department of Natural Resources submitted to OSM 
proposed State program amendment number 95-3 II pursuant to SMCRA. 
Indiana submitted the proposed amendment at its own initiative. The 
proposed amendment revises Indiana's regulations pertaining to the 
small operator assistance program at 310 IAC 12-3-130, definitions; 310 
IAC 12-3-131, eligibility for assistance; 310 IAC 12-3-132, filing for 
assistance; 310 IAC 12-3-132.5, application approval and notice; 310 
IAC 12-3-133, program services and data requirements; 310 IAC 12-3-
134.1, qualified laboratories; 310 IAC 12-3-134.5, assistance funding; 
and 310 IAC 12-3-135, applicant liability. Specifically, Indiana 
proposes the following revisions.

1. 310 IAC 12-3-130  Small Operator Assistance; Definitions

    Indiana proposes to revise the definitions for the terms ``program 
administrator'' at 310 IAC 12-3-130(4) and ``qualified laboratory'' at 
310 IAC 12-3-130(5).

2. 310 IAC 12-3-131  Small Operator Assistance; Eligibility for 
Assistance

    a. Indiana proposes to revise 310 IAC 12-3-131 by deleting the 
existing language in subsections (2)(A) and (2)(D); by redesignating 
subsections (2)(A), (2)(C) as (2)(B), and (2)(E) as (2)(D); and by 
adding new subsection (2)(C).
    New subsection (2)(C) requires that production from all coal 
produced by operations owned by persons who directly or indirectly 
control the applicant by reason of ownership, direction of management, 
or in any manner be attributed to the applicant.
    b. Indiana proposes to move the substantive provision in subsection 
(3) to new subsection (4) with minor language changes. New subsection 
(3) requires that the applicant not be restricted in any manner from 
receiving a permit.

3. 310 IAC 12-3-132  Operator Assistance; Filing for Assistance

    Indiana is proposing minor language changes to clarify the existing 
requirements for the information to be included in an application for 
assistance.

4. 310 IAC 12-3-132.5  Small Operator Assistance; Application Approval 
and Notice

    a. Indiana proposes to add new subsection (c) to allow data 
collection and analysis to proceed concurrently with the development of 
mining and reclamation plans by the operator.
    b. Indiana proposes to add new subsection (d) to require that data 
collected under its small operator assistance program be made available 
to the public and that the program administrator develop procedures for 
interstate coordination and exchange of data.

5. 310 IAC 12-3-133  Small Operator Assistance; Program Services and 
Data Requirements

    Indiana is proposing minor language changes in this section to 
clarify the program services available for eligible operators who 
request assistance.

6. 310 IAC 12-3-134.1  Small Operator Assistance; Qualified 
Laboratories

    Indiana proposes to delete section 134 and to add its substantive 
provisions to section 134.1. Minor language changes are also proposed.

7. 310 IAC 134.5  Small Operator Assistance; Assistance Funding

    Indiana proposes to add a new section at 310 IAC 134.5 concerning 
Indiana's use of funds authorized for the small operator assistance 
program. Subsection (a) requires that the funds be used to provide the 
services specified in section 133 and not be used to cover 
administrative expenses. Subsection (b) requires the program 
administrator to establish a formula for allocating funds to provide 
services for eligible small operators if the available funds are less 
than those required to provide the services pursuant to this rule.

8. 310 IAC 12-3-135  Small Operator Assistance; Applicant Liability

    Indiana proposes minor language changes in this section to clarify 
the requirements for an applicant to reimburse funds received for 
services

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rendered under the small operator assistance program.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is 
seeking comments on whether the proposed amendment satisfies the 
applicable program approval criteria of 30 CFR 732.15. If the amendment 
is deemed adequate, it will become part of the Indiana program.

Written Comments

    Written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under DATES or at locations other than the Indianapolis Field Office 
will not necessarily be considered in the final rulemaking or included 
in the Administrative Record.

Public Hearing

    Persons wishing to speak at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., 
e.s.t., on March 5, 1997. The location and time of the hearing will be 
arranged with those persons requesting the hearing. If no one requests 
an opportunity to speak at the public hearing, the hearing will not be 
held. Any disabled individual who has need for a special accommodation 
to attend a public hearing should contact the individual listed under 
FOR FURTHER INFORMATION CONTACT.
    Filing of a written statement at the time of the hearing is 
requested as it will greatly assist the transcriber. Submission of 
written statements in advance of the hearing will allow OSM officials 
to prepare adequate responses and appropriate questions.
    The public hearing will continue on the specified date until all 
persons scheduled to speak have been heard. Persons in the audience who 
have not been scheduled to speak, and who wish to do so, will be heard 
following those who have been scheduled. The hearing will end after all 
persons scheduled to speak and persons present in the audience who wish 
to speak have been heard.

Public Meeting

    If only one person requests an opportunity to speak at a hearing, a 
public meeting, rather than a public hearing, may be held. Persons 
wishing to meet with OSM representatives to discuss the proposed 
amendment may request a meeting by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the 
public and, if possible, notices of meetings will be posed at the 
locations listed under ADDRESSES. A written summary of each meeting 
will be made a part of the Administrative Record.

IV. 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 720(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 
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.

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: February 6, 1997.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 97-3898 Filed 2-14-97; 8:45 am]
BILLING CODE 4310-05-M