Federal Register / Vol. 62, No. 49 / Thursday, March 13, 1997 / Proposed Rules 11807

2. Public Hearing

Persons wishing to testify at the

public hearing should contact the

person listed under FOR FURTHER

INFORMATION CONTACT by 4:00 p.m.,

M.D.T., on March 28, 1997. 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. The location and

time of the hearing will be arranged

with those persons requesting the

hearing. If no one requests an

opportunity to testify at the public

hearing, the hearing will not be held.

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 testify have been heard.

Persons in the audience who have not

been scheduled to testify, and who wish

to do so, will be heard following those

who have been scheduled. The hearing

will end after all persons scheduled to

testify and persons present in the

audience who wish to testify have been

heard.

3. Public Meeting

If only one person requests an

opportunity to testify 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

posted at the locations listed under

ADDRESSES. A written summary of each

meeting will be made a part of the

administrative record.

IV. Procedural Determinations

1. 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).

2. 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 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

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.

3. 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)).

4. 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.).

5. 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

that 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.

6. 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 906

Intergovernmental relations, Surface

mining, Underground mining.

Dated: March 5, 1997.

Richard J. Seibel,

Regional Director, Western Regional

Coordinating Center.

[FR Doc. 97–6352 Filed 3–12–97; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 914

[SPATS No. IN–128–FOR; Amendment No.

95–6]

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 rules pertaining to

identification of interests, compliance

information, and permit conditions. The

amendment is intended to revise the

Indiana program to be consistent with

the corresponding Federal regulations.

DATES: Written comments must be

received by 4:00 p.m., e.s.t., April 14,

1997. If requested, a public hearing on

the proposed amendment will be held

on April 7, 1997. Requests to speak at

the hearing must be received by 4:00

p.m., e.s.t., on March 28, 1997.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to Charles

F. McDaniel, 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.

Charles F. McDaniel, Acting Director,

Indianapolis Field Office, Office of

Surface Mining Reclamation and

Enforcement, Minton-Capehart Federal

Building, 575 North Pennsylvania

Street, Room 301, Indianapolis, Indiana
11808 Federal Register / Vol. 62, No. 49 / Thursday, March 13, 1997 / Proposed Rules

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:

Charles F. McDaniel, 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 February 18, 1997

(Administrative Record No. IND–1555),

the Indiana Department of Natural

Resources (IDNR) submitted a proposed

amendment to its program pursuant to

SMCRA. Indiana submitted the

proposed amendment in response to a

letter dated May 11, 1989

(Administrative Record No. IND–0644),

that OSM sent to Indiana in accordance

with 30 CFR 732.17(c), and at its own

initiative. The provisions of the Indiana

Administrative Code (IAC) that Indiana

proposes to amend are: 310 IAC 12–3–

19.1, Surface mining permit

applications/identification of interests;

310 IAC 12–3–20, Surface mining

permit applications/compliance

information; 310 IAC 12–3–57 and 12–

3–57.1, Underground mining permit

applications/ identification of interests;

310 IAC 12–3–58, Underground Mining

permit applications/compliance

information; and 310 IAC 12–3–114.5,

Review, public participation, and

approval or disapproval of permit

applications/ permit terms and

conditions/ permit conditions.

The full text of the proposed program

amendment submitted by Indiana is

available for public inspection at the

locations listed above under ADDRESSES.

A brief discussion of the proposed

amendment is presented below.

1. 310 IAC 12–3–19.1 Surface Mining

Permit Applications; Identification of

Interests

Section 19.1 specifies the information

that must be included in a surface

mining permit application for

identification of interests. Indiana

proposes to restructure this section to

comply with formatting guidelines set

out by the Indiana Legislative Services

Agency by redesignating subsection (a)

as an introductory paragraph,

redesignating subsection (a)(1) as

subsection (a), redesignating subsection

(a)(2) as subsection (b), and

redesignating subsections (b) through (i)

as subsections (c) through (j).

Indiana also proposes to restructure

the existing language in redesignated

subsections (c) through (i).

2. 310 IAC 12–3–20 Surface Mining

Permit Applications; Compliance

Information

Section 20 specifies the information

that must be included in a surface

mining permit application concerning

permit suspensions or revocations, bond

forfeitures, and notices of violation. At

subsections (a) and (b), Indiana

proposes minor restructuring to comply

with formatting guidelines set by the

Indiana Legislative Services Agency.

Indiana proposes to delete existing

subsection (d), to add its substantive

provisions to subsection (c), and to

restructure the language in subsection

(c). Indiana also proposes to redesignate

subsection (e) as new subsection (d).

3. 310 IAC 12–3–57 and 12–3–57.1

Underground Mining Permit

Applications; Identification of Interests

Indiana proposes to repeal 310 IAC

12–3–57 and to add its substantive

provisions to 310 IAC 12–3–57.1.

Section 57.1 specifies the information

that must be included in an

underground mining permit application

for identification of interests. The

language and structure of the existing

provisons were revised to make the new

rule consistent with Indiana’s surface

mining permit application requirements

for identification of interests at 310 IAC

12–3–19.1.

4. 310 IAC 12–3–58 Underground

Mining Permit Applications;

Compliance Information

Section 58 specifies the information

that must be included in an

underground mining permit application

concerning permit suspensions or

revocations, performance bond

forfeitures, and notices of violation. At

subsections (a) and (b), Indiana

proposes minor restructuring to comply

with formatting guidelines set by the

Indiana Legislative Services Agency.

Indiana proposes to delete the

existing language in the introductory

paragraph at subsection (c) and to add

new language that requires a permit

applicant to list all violation notices

received within the preceding three

years. It requires the applicant to list all

outstanding violation notices for any

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. It also requires the

applicant to certify that the outstanding

notices of violation are in the process of

being corrected. Indiana proposes minor

changes to the existing language in

subsections (c)(1) through (5) to reflect

changes that were made in the

introductory paragraph.

Indiana also proposes to add a new

subsection (d) to require the applicant to

update, correct, or indicate that no

change has occurred in the information

submitted under 310 IAC 12–3–58 after

he is notified that his or her application

is approved.

5. 310 IAC 12–3–114.5 Review, Public

Participation, and Approval or

Disapproval of Permit Terms and

Conditions; Permit Conditions

Indiana proposes to add new section

114.5 to specify the conditions under

which a permit is issued. Subsection (a)

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. Subsection (b)

requires the permittee to conduct

operations only as described in the

approved application, except to the

extent otherwise directed in the permit.

Subsection (c) requires the permittee to

comply with the terms and conditions

of the permit and all applicable

performance standards and

requirements of the Indiana program.

Subsection (d) requires the permittee to

allow authorized representatives of the

director of IDNR to have right of entry

and to be accompanied by private

persons when the inspection is in

response to an alleged violation

reported by a private person. Subsection

(e) 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. Subsection (f)

requires the permittee to comply with

the requirements of the Indiana program

for compliance, modification, or

abandonment of existing structures.

Subsection (g) requires the operator to

pay all reclamation fees. Subsection (h)

requires the permittee to submit

updates, if any, to the information

previously submitted under 310 IAC

12–3–19.1(c) within 30 days after a
Federal Register / Vol. 62, No. 49 / Thursday, March 13, 1997 / Proposed Rules 11809

cessation order is issued under 310 IAC

12–6–5.

II. 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

28, 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

posted 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

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 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: March 5, 1997.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

[FR Doc. 97–6353 Filed 3–12–97; 8:45 am]

BILLING CODE 4310–05–M