[Federal Register Volume 59, Number 250 (Friday, December 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32175]
[[Page Unknown]]
[Federal Register: December 30, 1994]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 914
[IN-120-FOR; Amendment 94-6]
Indiana Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
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SUMMARY: OSM is announcing receipt of 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). The proposed amendment consists of changes to the Indiana
Surface Mining rules concerning procedures for the application and
renewal of blaster certification. The amendment is intended to revise
language which was inadvertently repealed.
DATES: Written comments must be received by 4:00 p.m., E.S.T. January
30, 1995. If requested, a public hearing on the proposed amendment will
be held on January 23, 1995. Requests to speak at the hearing must be
received by 4:00 p.m., E.S.T. on January 17, 1995.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Roger W. Calhoun, Director, Indianapolis
Field Office at the first address listed below.
Copies of the Indiana program, the proposed amendment, a listing of
any scheduled public hearings, and all written comments received in
response to this document will be available for public review at the
addresses listed below during normal business hours, Monday through
Friday, excluding holidays. Each requester may receive one free copy of
the proposed amendment by contacting OSM's Indianapolis Field Office.
Roger W. Calhoun, Director, Indianapolis Field Office, Office of
Surface Mining Reclamation and Enforcement, Minton-Capehart Federal
Building, Room 301, Indianapolis, Indiana 46204, Telephone: (317) 226-
6166.
Indiana Department of Natural Resources, 402 West Washington Street,
Room C256, Indianapolis, Indiana 46204, Telephone: (317) 232-1547.
FOR FURTHER INFORMATION CONTACT:
Roger W. Calhoun, Director, Indianapolis Field Office, Telephone: (317)
226-6166.
SUPPLEMENTARY INFORMATION:
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 26,
1982, Federal Register (47 FR 32071). Subsequent actions concerning the
conditions of approval and program amendments can be found at 30 CFR
914.10, 914.15, and 914.16.
II. Discussion of the Proposed Amendment
By letter dated December 7, 1994 (Administrative Record No. IND-
1416), the Indiana Department of Natural Resources (IDNR) submitted to
OSM a State program amendment package consisting of revisions to the
Indiana program rules. The amendment revises language which was
inadvertently repealed and pertains to the procedures for the
application and renewal of blaster certification. The following
amendments are being proposed.
1. 310 IAC 12-8-4.1 Application for Certification
This new section is added to provide the following:
Section 4.1(a) An application for certification as a certified
blaster shall be submitted to the department.
(b) An application for certification shall be in writing upon forms
furnished by the department.
(c) An application shall be completed in accordance with the
instructions provided with it.
(d) An application form is incomplete if the form does not contain
all required information or if the form contains incorrect information.
The applicant will be given notice of the deficiencies, and if the
required information is not provided by the applicant within thirty
(30) days of the notice, the application will be terminated.
(e) The director or an authorized representative may verify the
information shown on the application directly with educational
institutions, other certification boards and personal references, and
may verify the work experience with the employer.
(f) 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.
2. 310 IAC 12-8-8.1 Renewal
This new section is added to provide the following:
Section 8.1(a) A certified blaster must obtain renewal of the
certification every three (3) years. A request for renewal of the
certification shall be in writing upon a form furnished by the
department. The request for renewal must be received by the department
not later than thirty (30) days prior to expiration of the certificate.
(b) The renewal will be approved if the certified blaster has
worked at least twelve (12) months of the preceding thirty-six (36)
months as a certified blaster and the certified blaster is not in
violation of 310 IAC 12-8-9.
(c) When the certification is not renewed for more than one (1)
year after expiration, the certification will not be renewable. An
application shall be submitted to the department in the event that the
individual desires to again be certified, and the individual shall be
considered as a new applicant.
(d) A renewal notice will be sent to each registrant not less than
two (2) months prior to the expiration date of the certification.
(e) All renewal notices and other communications will be sent to
the last address given by the registrant to the department. A failure
of the certified blaster to receive a renewal notice under this
subsection does not relieve the certified blaster of the obligation to
obtain a renewal of the certification as required under subsection (a)
of this section.
The proposed program amendment submitted by Indiana is available
for public inspection at the addresses listed above. The Director now
seeks public comment on whether the proposed amendment is no less
effective than the Federal regulations. If approved, the amendment will
become part of the Indiana program.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is
seeking comments on whether the proposed amendment satisfies the
applicable program approval criteria of 30 CFR 732.15. If the amendment
is deemed adequate, it will become part of the Indiana program.
Written Comments
Written comments should be specific, pertain only to the 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 speak at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
E.S.T. on January 17, 1995. The location and time of the hearing will
be arranged with those persons requesting the hearing. If no one
requests an opportunity to testify at the 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 speak have been heard. Persons in the audience who
have not been scheduled to speak, and who wish to do so, will be heard
following those who have been scheduled. The hearing will end after all
persons scheduled to speak and persons present in the audience who wish
to speak have been heard.
Any disabled individual who has need for a special accommodation to
attend a public hearing should contact the individual listed under FOR
FURTHER INFORMATION CONTACT.
Public Meeting
If only one person requests an opportunity to speak 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 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 at the
locations listed under ADDRESSES. A written summary of each meeting
will be made a part of the Administrative Record.
IV. 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: December 21, 1994.
Richard J. Seibel,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-32175 Filed 12-29-94; 8:45 am]
BILLING CODE 4310-05-M
