13038 Federal Register / Vol. 60, No. 47 / Friday, March 10, 1995 / Rules and Regulations

REVISIONS TO MINIMUM ENROUTE IFR

ALTITUDES AND CHANGEOVER

POINTS—AMENDMENT 388 EFFECTIVE DATE, MARCH 30, 1995—Continued

From To MEA

§ 95.6509 VOR Federal Airway 509 is

Amended to Read in Part

St Petersburg,

FL VORTAC.

*Hulla, FL FIX .. **5000

*5000—MRA

**2500—

MOCA

Hulla, FL FIX .... Hallr, FL FIX .... *6000

*1600—

MOCA

§ 95.6511 VOR Federal Airway 511 is

Amended by Adding

Thndr, FL FIX ... Miami, FL

VORTAC.

*3000

*1300—

MOCA

Is Amended to Read in Part

Lakeland, FL

VORTAC.

Hallr, FL FIX .... *4000

*1800—

MOCA

Hallr, FL FIX ..... Thndr, FL FIX .. *5000

*1600—

MOCA

§ 95.6521 VOR Federal Airway 521 is

Amended to Read in Part

Miami, FL

VORTAC.

Hamme, FL FIX *2000

*1300—

MOCA

Hamme, FL FIX Winco, FL FIX .. *3000

*1400—

MOCA

Winco, FL FIX .. Lee County, FL

VORTAC.

*3000

REVISIONS TO MINIMUM ENROUTE IFR

ALTITUDES AND CHANGEOVER

POINTS—AMENDMENT 388 EFFECTIVE DATE, MARCH 30, 1995—Continued

From To MEA

*1500—

MOCA

§ 95.6599 VOR Federal Airway 599 is Added

to Read

Miami, FL

VORTAC.

Thndr, FL FIX .. *3000

*1300—

MOCA

Thndr, FL FIX ... Lee County, FL

VORTAC.

*3000

*1500—

MOCA

§ 95.7020 Jet Route No. 20 is Amended to

Read in Part

Orlando, FL

VORTAC.

Virginia Key, FL

VOR/DME.

18000

45000

§ 95.7043 Jet Route No. 43 is Amended to

Read in Part

Miami, FL

VORTAC.

La Belle, FL

VORTAC.

18000

45000

§ 95.7045 Jet Route No. 45 is Amended to

Read in Part

Virginia Key, FL

VOR/DME.

Vero Beach, FL

VORTAC.

18000

45000

§ 95.7053 Jet Route No. 53 is Amended by

Adding

Miami, FL

VORTAC.

Pahokee, FL

VORTAC.

18000

45000

Pahokee, FL

VORTAC.

Orlando, FL

VORTAC.

18000

REVISIONS TO MINIMUM ENROUTE IFR

ALTITUDES AND CHANGEOVER

POINTS—AMENDMENT 388 EFFECTIVE DATE, MARCH 30, 1995—Continued

From To MEA

45000

§ 95.7055 Jet Route No. 55 is Amended to

Read in Part

Miami, FL

VORTAC.

Craig, FL

VORTAC.

18000

45000

§ 95.7073 Jet Route No. 73 is Amended to

Read in Part

Miami, FL

VORTAC.

La Belle, FL

VORTAC.

18000

45000

§ 95.7081 Jet Route No. 81 is Added to

Read

Miami, FL

VORTAC.

Pahokee, FL

VORTAC.

18000

45000

Pahokee, FL

VORTAC.

Orlando, FL

VORTAC.

18000

45000

Orlando, FL

VORTAC.

Cecil, FL VOR .. 18000

45000

Cecil, FL VOR .. Noway, GA Fix . 18000

45000

Noway, GA Fix . Colliers, SC

VORTAC.

18000

4500

§ 95.7113 Jet Route No. 113 is Added to

Read

Virginia Key, FL

VOR/DME.

Craig, FL

VORTAC.

18000

45000

§ 95.8003 VOR FEDERAL AIRWAYS CHANGEOVER POINTS

Airway segment Changeover points

From To Distance From

V–97 is Amended by Adding

Miami, FL VORTAC ................................................ La Belle, FL VORTAC ............................................ 35 Miami.

V–159 is Amended to Delete

Vero Beach, FL VORTAC ...................................... Orlando, FL VORTAC ............................................ 32 Vero Beach.

Green Federal Airway 10 is Amended by Adding

Port Heiden, AK NDB/DME .................................... Woody Island, AK NDB .......................................... 90 Port Heiden.

[FR Doc. 95–5871 Filed 3–9–95; 8:45 am]

BILLING CODE 4910–13–M

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.

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
Federal Register / Vol. 60, No. 47 / Friday, March 10, 1995 / Rules and Regulations 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
13040 Federal Register / Vol. 60, No. 47 / Friday, March 10, 1995 / Rules and Regulations

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:

§ 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

30 CFR Part 936

Oklahoma Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule, approval of

amendment.

SUMMARY: OSM is approving a proposed

amendment to the Oklahoma regulatory

program (hereinafter referred to as the

‘‘Oklahoma program’’) under the

Surface Mining Control and

Reclamation Act of 1977 (30 U.S.C. 1201

et seq.). (SMCRA). The proposed

amendment consists of revisions to

Oklahoma’s coal mining rules

concerning its Small Operator

Assistance Program (SOAP). The

amendment revises the Oklahoma

program to be consistent with SMCRA

and the corresponding Federal

regulation.

EFFECTIVE DATE: March 10, 1995.

FOR FURTHER INFORMATION CONTACT:

James H. Moncrief, Telephone: (918)

581–6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Oklahoma

Program

On January 19, 1981, the Secretary of

the Interior conditionally approved the

Oklahoma program. General background

information on the Oklahoma program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval of the Oklahoma

program can be found in the January 19,

1981, Federal Register (46 FR 4902).

Subsequent actions concerning

Oklahoma’s program and program

amendments can be found at 30 CFR

936.15, 936.16, and 936.30.

II. Submission of Amendment

By letter dated September 14, 1994,

Oklahoma submitted a proposed

amendment to its program pursuant to

SMCRA (administrative record No. OK–

964). Oklahoma submitted the proposed

amendment at its own initiative with

the intent of revising the Oklahoma

program to be consistent with the

corresponding Federal regulations.

Oklahoma proposed to revise its

SOAP rules at Oklahoma Administrative

Code (OAC) sections 460:20–35–3,

eligibility for assistance; 460:20–35–6,

program services and data requirements;

and 460:20–35–7, applicant liability.

Here and herein after, OSM refers to

these revised rules by their new codified

numbers because Oklahoma proposed in

a different amendment recodification of

its coal mining rules in accordance with

the standards set forth by the Oklahoma

State Legislature and the Office of

Administrative Code (See proposed rule

Federal Register notice, 59 FR 49223,

September 27, 1994).

OSM announced receipt of the

proposed amendment in the September

27, 1994 Federal Register (59 FR

49225), provided an opportunity for a

public hearing or meeting on its

substantive adequacy, and invited

public comment on its adequacy

(administrative record No. OK–964.03).

Because no one requested a public

hearing or meeting, none was held. The

public comment period ended on

October 27, 1994.

During its review of the amendment,

OSM identified concerns relating to the

provisions of Oklahoma’s rules at OAC

460:20–35–3(a)(2), percentage of

ownership and control of the SOAP