19668 Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Rules and Regulations

Signed at Washington, D.C. on April 10,

1995.

Bruce R. Weber,

Acting Executive Vice President, Commodity

Credit Corporation.

[FR Doc. 95–9454 Filed 4–19–95; 8:45 am]

BILLING CODE 3410–05–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 914

[IN–117, Amendment Number 94–2]

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 permanent

regulatory program (hereinafter referred

to as the Indiana program) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

amendment consists of miscellaneous

revisions to Indiana’s Surface Coal

Mining and Reclamation Rules. The

amendment is intended to revise the

Indiana program to eliminate

typographical, clerical, and spelling

errors and to amend those instances

where the word ‘‘commission’’ should

be changed to ‘‘director’’ in accordance

with Indiana Senate Enrolled Act (SEA)

362.

EFFECTIVE DATE: April 20, 1995.

FOR FURTHER INFORMATION CONTACT:

Mr. Roger W. Calhoun, Director,

Indianapolis Field Office, Office of

Surface Mining Reclamation and

Enforcement, Minton-Capehart Federal

Building, 575 North Pennsylvania

Street, Room 301, Indianapolis, IN

46204, Telephone (317) 226–6166.

SUPPLEMENTARY INFORMATION:

I. Background on the Indiana Program.

II. Submission of the 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 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. Submission of the Amendment

By letter dated August 25, 1994

(Administrative Record No. IND–1394),

Indiana submitted program amendment

#94–2 concerning miscellaneous

revisions to the Indiana rules to

eliminate typographical, clerical, and

spelling errors and to amend those

instances where the word

‘‘commission’’ should be changed to

‘‘director’’ in accordance with Indiana

SEA 362. OSM approved SEA 362 as a

program amendment on August 2, 1991

(56 FR 37016). By letter dated August

30, 1994 (Administrative Record No.

IND–1395), Indiana submitted a

supplement to the August 25, 1994,

submittal which consists of a hard copy

of the rules being amended in those

instances where ‘‘commission’’ should

be changed to ‘‘director’’ as a response

to SEA 362 along with miscellaneous

revisions.

OSM announced receipt of the

proposed amendment in the September

16, 1994, Federal Register (59 FR

47571), 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 October 17, 1994. By letter

dated March 20, 1995 (Administrative

Record No. IND–1438), Indiana

submitted additional typographical and

clerical corrections to the proposed

amendment in response to comments

provided by OSM on February 14, 1995

(Administrative Record No. IND–1437).

In addition, Indiana withdrew its

proposed change to 310 IAC 12–7–1(c)

and reinstated the word ‘‘commissions,’’

to this subsection. Therefore, 310 IAC

12–7–1(c) is not part of this amendment.

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 to the Indiana program.

In amendment #94–2, Indiana

corrected numerous typographical,

clerical, or spelling errors and made

numerous changes from the word

‘‘commission’’ to ‘‘director.’’ The

Director finds that the numerous

typographical, clerical, and spelling

changes are nonsubstantive changes or

changes which improve the clarity or

accuracy of the Indiana rules.

The Director finds that the changes

from ‘‘commission’’ to ‘‘director’’ more

accurately reflect the responsibilities

within the Indiana program as provided

by SEA 362 which was approved by

OSM on August 2, 1991 (56 FR 37016),

and that the changes do not render the

Indian program less effective than

Federal regulations.

IV. Summary and Disposition of

Comments

Federal Agency Comments

Pursuant to section 503(b) of SMCRA

and 30 CFR 732.17(h)(11)(i), comments

were solicited from various interested

Federal agencies. No comments were

received.

Public Comments

A public comment period and

opportunity to request a public hearing

was announced in the September 16,

1995, Federal Register (59 FR 47571).

The comment period closed on October

17, 1995. No one commented and no

one requested an opportunity to testify

at the scheduled public hearing so no

hearing was held.

Environmental Protection Agency (EPA)

Under 30 CFR 732.17(h)(11)(ii), the

Director is required to obtain the written

concurrence of the Administrator of the

EPA with respect to any provisions of a

State 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.). The Director has determined that

this amendment contains no provisions

in these categories and that EPA’s

concurrence is not required.

Pursuant to 732.17(h)(11)(i), OSM

solicited comments on the proposed

amendment from EPA (Administrative

Record No. IND–1403). EPA responded

on September 27, 1994 (Administrative

Record No. IND–1402) and stated that

EPA had no comments.

V. Director’s Decision

Based on the findings above, the

Director is approving Indiana’s program

amendment #94–2, concerning

miscellaneous revisions to the Indiana

rules as submitted by Indiana on August

25, 1994, supplemented on August 30,

1994, and amended on March 20, 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
Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Rules and Regulations 19669

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 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.

List of Subjects in 30 CFR Part 914

Intergovernmental relations, Surface

mining, Underground mining.

Dated: April 13, 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. In § 914.15, paragraph (jjj) is added

to read as follows:

§ 914.15 Approval of regulatory program

amendments.

* * * * *

(jjj) Amendment #94–2 to the Indiana

program concerning miscellaneous

revisions to the Indiana rules as

submitted to OSM on August 25, 1994,

supplemented on August 30, 1994, and

amended on March 20, 1995, is

approved effective April 20, 1995.

[FR Doc. 95–9774 Filed 4–19–95; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 914

[IN–112–FOR; Amendment 92–7C]

Indiana Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: OSM is approving, with

exceptions, a proposed amendment to

the Indiana permanent regulatory

program (hereinafter referred to as the

Indiana program) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). The amendment is a

continuation of an earlier program

amendment and consists of revisions to

Indiana’s Surface Coal Mining and

Reclamation Rules concerning the

control of subsidence caused by

underground mining operations. The

amendment is intended to revise the

Indiana program to be consistent with

SMCRA and to incorporate State

initiatives.

EFFECTIVE DATE: April 20, 1995.

FOR FURTHER INFORMATION CONTACT:

Mr. Roger W. Calhoun, Director,

Indianapolis Field Office, Office of

Surface Mining Reclamation and

Enforcement, Minton-Capehart Federal

Building, 575 North Pennsylvania

Street, Room 301, Indianapolis, IN

46204, Telephone (317) 226–6166.

SUPPLEMENTARY INFORMATION:

I. Background on the Indiana Program.

II. Submission of the 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 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. Submission of the Amendment

By letter dated December 2, 1992

(Administrative Record No. IND–1175),

the Indiana Department of Natural

Resources (IDNR) submitted a proposed

amendment (#92–7) to the Indiana

program. Amendment #92–7 proposed

changes to the Indiana surface mining

rules concerning subsidence liability.

On May 17, 1993, OSM approved,

with two exceptions, amendment #92–7

(58 FR 28775). By letter dated March 18,

1994 (Administrative Record Number

IND–1340), Indiana submitted to OSM a

notice of the final adoption of

amendment #92–7 as published in the

Indiana Register, Volume 17, Number 6,

pages 1086–1089 (March 1, 1994).

The final adopted language of

amendment #92–7 differs in some ways

from the language approved by OSM on

May 17, 1993. Therefore, OSM reopened

the public comment period and invited

comment on the substantive differences.

OSM announced receipt of the

proposed amendment in the April 22,

1994, Federal Register (59 FR 19155),