7192 Federal Register / Vol. 62, No. 32 / Tuesday, February 18, 1997 / Proposed Rules

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.

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
Federal Register / Vol. 62, No. 32 / Tuesday, February 18, 1997 / Proposed Rules 7193

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

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IN 68–1–7308b; FRL–5678–4]

Approval and Promulgation of

Implementation Plan; Indiana

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes to approve

the State implementation plan (SIP)

revision submitted by the State of

Indiana for the purpose of incorporating

minor changes to existing regulations

and accommodating recent revisions to

the SIP by adding and updating

regulations. The EPA made a finding of

completeness in a letter dated

November 25, 1994. This revision

affects definitions in the General

Provisions of the Indiana SIP (326 IAC

1–1, 1–2, 1–6), and the Permit Review

Rules (326 IAC 2–1). In the final rules

section of this Federal Register, the EPA

is approving these actions as a direct

final rule without prior proposal

because EPA views these as

noncontroversial actions and anticipates

no adverse comments. A detailed

rationale for the approval is set forth in

the direct final rule. If EPA receives