17638 Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Rules and Regulations

mining operations that involve spoil

ridges be accomplished in 180 days of

deposition, provided that no more than

four spoil ridges remain at any one time.

The current regulations specify that no

more than an average of four spoil

ridges by length remain.

Indiana is revising subsection (b) to

make two nonsubstantive wording

changes and to correct a cross-reference.

Indiana is revising subsection (c) to

make two nonsubstantive wording

changes and to delete the requirement

that requests for an extension of the

timing limitation for more than one year

be approved by the Natural Resources

Commission.

The corresponding Federal

regulations at 30 CFR 816.101 were

suspended effective August 31, 1992 (57

FR 33875). Therefore, States may adopt

backfilling and grading time and

distance standards which result in

contemporaneous mining and

reclamation as required by 30 CFR

816.100. The Director finds the

proposed revisions at 310 IAC 12–5–

54.1 no less effective than the Federal

requirements for contemporaneous

reclamation at 30 CFR 816.100 and

817.100.

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 interests in the Indiana

program. No comments were received.

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.

V. Director’s Decision

Based on the above finding, the

Director approves the proposed

amendment as submitted by Indiana on

January 31, 1995.

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 12778

The Department of the Interior has

conducted the reviews required by

section 2 of Executive Order 12778

(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.

List of Subjects in 30 CFR 914

Intergovernmental relations, Surface

mining, Underground mining.

Dated: March 30, 1995.

David G. Simpson,

Acting Assistant Director, Eastern Support

Center.

For the reasons set out in the

preamble, title 30, chapter VII,

subchapter T of the Code of Federal

Regulations 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 by

adding paragraph (hhh) to read as

follows:

§ 914.15 Approval of regulatory program

amendments.

* * * * *

(hhh) The following amendment

(Program Amendment Number 94–7) as

submitted to OSM on January 31, 1995

is approved effective April 7, 1995: 310

IAC 12–5–54.1 concerning timing

limitations for backfilling and grading of

surface coal mining and reclamation

operations.

[FR Doc. 95–8583 Filed 4–6–95; 8:45 am]

BILLING CODE 4310–05–M