[Federal Register Volume 60, Number 47 (Friday, March 10, 1995)]
[Rules and Regulations]
[Pages 13038-13040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5920]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[IN-120, Amendment Number 94-6]


Indiana Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is approving a proposed amendment to the Indiana 
regulatory program (hereinafter referred to as the ``Indiana program'') 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). 
Indiana proposed revisions to the Indiana Surface Mining rules 
pertaining to the procedures for the application and renewal or blaster 
certification. The amendment is [[Page 13039]] intended to revise 
language which was inadvertently repealed.

EFFECTIVE DATE: March 10, 1995.

FOR FURTHER INFORMATION CONTACT: Roger W. Calhoun, Director, 
Indianapolis Field Office, Office of Surface Mining Reclamation and 
Enforcement, Minton-Capehart Federal Building, Room 301, Indianapolis, 
Indiana 46202. Telephone: (317) 226-6166.

SUPPLEMENTARY INFORMATION:

I. Background on the Indiana Program.
II. Submission of the Proposed Amendment.
III. Director's Findings.
IV. Summary and Disposition of Comments.
V. Director's Decision.
VI. Procedural Determinations.

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 29, 
1982, Federal Register (47 FR 32071). Subsequent actions concerning 
conditions of approval and program amendments can be found at 30 CFR 
914.10, 914.15, and 914.16.

II. Submission of the Proposed Amendment

    By letter dated December 7, 1994 (Administrative Record No. IND-
1416), Indiana submitted a proposed amendment to its program pursuant 
to SMCRA to revise language that was inadvertently repealed and 
pertains to the procedures for the application and renewal of blaster 
certification. Indiana proposed to revise 310 IAC 12-8-4.1 Application 
for Certification and 310 IAC 12-8-8.1 Renewal.
    OSM announced receipt of the proposed amendment in the December 30, 
1994, Federal Register (59 FR 67691), and in the same document, opened 
the public comment period and provided an opportunity for a public 
hearing on the adequacy of the proposed amendment. The public comment 
period closed on January 30, 1995.

III. Director's Findings

    Set forth below, pursuant to SMCRA and the Federal regulations at 
30 CFR 732.15 and 732.17, are the Director's findings concerning the 
proposed amendment.
    310 IAC 12-8-4.1 Application for Certification. This new section is 
added to provide the following. Section 4.1(a)-(c) require that an 
application for certification as a certified blaster be submitted to 
the Department of Natural Resources (Department) in writing on forms 
furnished by the Department and completed in accordance with the 
instructions. Section 4.1(d) states that an application is incomplete 
if the form does not contain all required information or contains 
incorrect information. The applicant will be notified on any 
deficiencies and if the required information is not provided within 30 
days of the notice, the application will be terminated. Section 4.1(e) 
provides for the verification by the Department of the information on 
the application. Section 4.1(f) states that if an application has been 
terminated, the person will not be considered for certification. A new 
application may be submitted at any time by complying with subsections 
(b) and (c) of this section.
    There are no direct Federal counterparts. However, the Federal 
regulations at 30 CFR 850.15(a) pertaining to the certification of 
blasters require that the regulatory authority certify for a fixed 
period those candidates qualified to accept the responsibility for 
blasting operations. The Director finds that the proposed regulations 
at 310 IAC 12-8-4.1 are consistent with the Federal regulations at 30 
CFR 850.15(a).
    310 IAC 12-8-8.1 Renewal. Section 8.1(a) requires that a certified 
blaster renew his/her certification every three years. A request for 
renewal of certification must be in writing on a form furnished by the 
Department. The request must be received by the Department not later 
than 30 days prior to the expiration of the certificate. Section 8.1(b) 
specifies that the renewal will be approved if the certified blaster 
has worked at least 12 months of the preceding 36 months as a certified 
blaster and is not in violation of the provisions of 310 IAC 12-8-9 
(Suspension or Revocation of Certification). Section 8.1(c) states that 
when a certification is not renewed for more than one year after 
expiration, the certification will not be renewable. If certification 
is sought, the person must submit an application and will be considered 
a new applicant. Sections 8.1 (d) and (e) state that a renewal notice 
will be sent to each registrant to the last address given by the 
registrant not less than two months prior to the expiration date of the 
certification. Failure to receive a renewal notice does not relieve the 
certified blaster of the obligation to obtain a renewal of the 
certification as required.
    The Federal regulations at 30 CFR 850.15(c) pertaining to 
recertification permit the regulatory authority to require the periodic 
re-examination, training, or other demonstration of continued blaster 
competency. As described above, Indiana requires a periodic 
demonstration of continued blaster competency when a blaster must 
triennially demonstrate that he/she has worked as a certified blaster 
for at least 12 out of the last 36 months and is not in violation of 
310 IAC 12-8-9, which section lists prohibited activities that are 
causes for the suspension/revocation of a blaster's certification. 
Therefore, the Director finds that the proposed regulations at 310 IAC 
12-8-8.1 are no less effective than the Federal regulations at 30 CFR 
850.15(c).

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 interest in the Indiana program. The U.S. 
Department of the Interior, Bureau of Mines, concurred without comment.

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(s), the Director approves the proposed 
amendment as submitted by Indiana on December 7, 1994.
    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 [[Page 13040]] 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 Part 914

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 3, 1995.
Richard J. Seibel,
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 (fff) to read as 
follows:


Sec. 914.15  Approval of regulatory program amendments.

* * * * *
    (fff) The following amendment (Program Amendment Number 94-6) 
submitted to OSM on December 7, 1994, is approved effective March 10, 
1995. 310 IAC 12-8-4.1 concerning application for blaster certification 
and 310 IAC 12-8-8.1 concerning renewal of blaster certification.

[FR Doc. 95-5920 Filed 3-9-95; 8:45 am]
BILLING CODE 4310-05-M