[Federal Register Volume 60, Number 244 (Wednesday, December 20, 1995)]
[Proposed Rules]
[Pages 65611-65613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30948]



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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[IN-110, Amendment Number 93-7, Part II]


Indiana Permanent Regulatory Program Amendment

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

ACTION: Proposed rule; reopening of public comment period.

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SUMMARY: OSM is announcing receipt of additional changes to an 
amendment previously submitted by Indiana as a modification to the 
State's permanent regulatory program (hereinafter referred to as the 
Indiana program) under the Surface Mining Control and Reclamation Act 
of 1977 (SMCRA). The changes add new language concerning minor field 
revisions to the second of three subparts of the original amendment. 
The changes are intended to incorporate language desired by the State.
    This notice sets forth the times and locations that the Indiana 
program and the proposed amendment to that program will be available 
for public inspection, the comment period during which interested 
persons may submit written comments on the proposed amendment, and the 
procedures that will be followed for a public hearing, if one is 
requested.

DATES: Written comments must be received on or before 4:00 p.m. on 

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January 4, 1996; if requested, a public hearing on the proposed 
amendment is scheduled for 1:00 p.m. on January 3, 1996; and requests 
to present oral testimony at the hearing must be received on or before 
4:00 p.m. on January 2, 1996.

ADDRESSES: Written comments and requests to testify at the hearing 
should be directed to Mr. Roger W. Calhoun, Director, Indianapolis 
Field Office, at the address listed below. If a hearing is requested, 
it will be held at the same address.
    Copies of the Indiana program, the amendment, a listing of any 
scheduled public meetings, and all written comments received in 
response to this notice will be available for public review at the 
following locations, during normal business hours, Monday through 
Friday, excluding holidays:

Office of Surface Mining Reclamation and Enforcement, Indianapolis 
Field Office, Minton-Capehart Federal Building, 575 North Pennsylvania 
Street, Room 301, Indianapolis, IN 46204. Telephone: (317) 226-6166.
Indiana Department of Natural Resources, 402 West Washington Street, 
Room 295, Indianapolis, IN 46204. Telephone: (317) 232-1547.

    Each requester may receive, free of charge, one copy of the 
proposed amendment by contacting the OSM Indianapolis Field Office.

FOR FURTHER INFORMATION CONTACT: Mr. Roger W. Calhoun, Director, 
Telephone (317) 226-6166.

SUPPLEMENTARY INFORMATION:

I. Background on the Indiana Program

    On July 29, 1982, the Indiana program was made effective by the 
conditional approval of the Secretary of the Interior. Information 
pertinent to the general background on the Indiana program, including 
the Secretary's findings, the disposition of comments, and a detailed 
explanation of the conditions of approval of the Indiana program can be 
found in the July 26, 1982, Federal Register (47 FR 32107). Subsequent 
actions concerning the conditions of approval and program amendments 
are identified at 30 CFR 914.10, 914.15, and 914.16.

II. Discussion of the Proposed Amendments

    Since July 29, 1982, (the date of conditional approval of the 
Indiana program), a number of changes have been made to the Federal 
regulations concerning surface coal mining and reclamation operations. 
Pursuant to the Federal regulations at 30 CFR 732.17, OSM informed 
Indiana on May 22, 1985 (Regulatory Reform I), on August 24, 1988 
(Regulatory Reform II), and on September 20, 1989 (Regulatory Reform 
III), that a number of Indiana regulations are less effective than or 
inconsistent with the revised Federal requirements.
    By letter dated December 30, 1993 (Administrative Record No. IND-
1322), the Indiana Department of Natural Resources (IDNR) submitted to 
OSM a State program amendment package (number 93-7) consisting of 
revisions to 38 sections of the Indiana rules. These revisions address 
changes to the Indiana program that were identified in the three 
letters referred to above, and certain required program amendments. The 
State has also proposed additional changes which Indiana believes will 
further improve the approved State program. The primary focus of the 
submittal is on soil capability and restoration standards, individual 
civil penalties, significant/non-significant revisions, coal 
exploration, and performance bonds.
    OSM announced receipt of the proposed amendment in the January 24, 
1994, Federal Register (59 FR 3528), and, in the same notice, opened 
the public comment period and provided opportunity for a public hearing 
on the adequacy of the proposed amendment. The comment period closed on 
February 24, 1994.
    By letter dated December 6, 1995 (Administrative Record Number IND-
1415), Indiana submitted additional minor changes to amendment 93-7.
    By letter dated January 12, 1995 (Administrative Record Number IND-
1423), OSM provided Indiana with comments concerning the proposed 
amendment. Indiana responded by letter dated January 25, 1995 
(Administrative Record Number IND-1419). In that letter, Indiana said 
that it wishes to separate amendment 93-7 into three subparts. OSM 
approved the amendments contained in subpart I on November 9, 1995 (60 
FR 56516).
    By letter dated May 5, 1995 (Administrative Record Number IND-
1462), Indiana submitted additional minor changes to subpart II of 
amendment 93-7, and added a new subparagraph at 301 IAC 12-3-121(d) 
concerning minor field revisions.
    Indiana proposes to add the following language.
    310 IAC 12-3-121(d).
    If the director determines on a case-by-case basis or by policy 
guidelines that the conditions of paragraph (c) of this section are met 
and that the proposed change does not require technical review or 
design analysis, the proposed change may be approved as a minor field 
revision by the field inspector in the inspection report or on a form 
signed in the field. Minor field revisions must be properly documented 
and separately filed and may include, but are not necessarily limited 
to, the following:
    (1) Soil stockpile locations and configurations.
    (2) As-built pond certifications.
    (3) Minor transportation facilities changes.
    (4) Pond depth/shape/orientation.
    (5) Temporary drainage control/water storage areas.
    (6) Equipment changes.
    (7) Explosive storage areas.
    (8) Minor mine management/support facility locations (not refuse).
    (9) Adding United States Soil Conservation Service conservation 
practices.
    (10) Methods of erosion protection on diversions.
    (11) Temporary cessation orders.
    (12) Minor diversion location changes.

III. Public Comment Procedures

    In accordance with provisions of 30 CFR 732.17(h), OSM is now 
seeking comment on whether the amendment proposed by Indiana satisfies 
the requirements of 30 CFR 732.15 for the approval of State program 
amendments. If the amendment is deemed adequate, it will become part of 
the Indiana program.

Written Comments

    Written comments should be specific, pertain only to 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 comment at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by the close of 
business on January 2, 1996. If no one requests an opportunity to 
comment at a 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 comment have been heard. 

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Persons in the audience who have not been scheduled to comment and who 
wish to do so will be heard following those scheduled. The hearing will 
end after all persons who desire to comment have been heard.

Public Meeting

    If only one person requests an opportunity to comment 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 at the Indianapolis Field Office 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 in advance at the locations listed above under 
ADDRESSES. A summary of the meeting will be included in the 
Administrative Record.

Executive Order 12866

    This proposed rule is exempted from review by the Office of 
Management and Budget under Executive Order 12866.

Executive Order 12778

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12778 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 the Office of Management and Budget 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. Hence, 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.

List of Subjects in 30 CFR Part 914

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: December 12, 1995.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 95-30948 Filed 12-19-95; 8:45 am]
BILLING CODE 4310-05-M