[Federal Register Volume 62, Number 32 (Tuesday, February 18, 1997)]
[Proposed Rules]
[Pages 7192-7193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3898]
[[Page 7192]]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 914
[SPATS No. IN-138-FOR; Amendment No. 95-3 II]
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 the ``Indiana program'') under
the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The
proposed amendment consists of revisions to the Indiana Administrative
Code (IAC) regulations pertaining to Indiana's small operator
assistance program. The amendment is intended to revise the Indiana
regulations to be consistent with the corresponding Federal regulations
and to incorporate changes desired by the State.
DATES: Written comments must be received by 4:00 p.m., e.s.t., March
20, 1997. If requested, a public hearing on the proposed amendment will
be held on March 16, 1997. Requests to speak at the hearing must be
received by 4:00 p.m., e.s.t., on March 5, 1997.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Ronald F. Griffin, Acting Director,
Indianapolis Field Office, at the 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.
Ronald F. Griffin, Acting Director, Indianapolis Field Office, Office
of Surface Mining Reclamation and Enforcement, Minton-Capehart Federal
Building, 575 North Pennsylvania Street, Room 301, Indianapolis,
Indiana 46204-1521, Telephone: (317) 226-6700.
Indiana Department of Natural Resources, 402 West Washington Street,
Room C256, Indianapolis, Indiana 46204, Telephone: (317) 232-1547.
FOR FURTHER INFORMATION CONTACT: Ronald F. Griffin, Acting Director,
Indianapolis Field Office, Telephone: (317) 226-6700.
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 32107). Subsequent actions concerning the
conditions of approval and program amendments can be found at 30 CFR
914.10, 914.15, and 914.16.
II. Description of the Proposed Amendment
By letter dated January 13, 1997 (Administrative Record No. IND-
1550), the Indiana Department of Natural Resources submitted to OSM
proposed State program amendment number 95-3 II pursuant to SMCRA.
Indiana submitted the proposed amendment at its own initiative. The
proposed amendment revises Indiana's regulations pertaining to the
small operator assistance program at 310 IAC 12-3-130, definitions; 310
IAC 12-3-131, eligibility for assistance; 310 IAC 12-3-132, filing for
assistance; 310 IAC 12-3-132.5, application approval and notice; 310
IAC 12-3-133, program services and data requirements; 310 IAC 12-3-
134.1, qualified laboratories; 310 IAC 12-3-134.5, assistance funding;
and 310 IAC 12-3-135, applicant liability. Specifically, Indiana
proposes the following revisions.
1. 310 IAC 12-3-130 Small Operator Assistance; Definitions
Indiana proposes to revise the definitions for the terms ``program
administrator'' at 310 IAC 12-3-130(4) and ``qualified laboratory'' at
310 IAC 12-3-130(5).
2. 310 IAC 12-3-131 Small Operator Assistance; Eligibility for
Assistance
a. Indiana proposes to revise 310 IAC 12-3-131 by deleting the
existing language in subsections (2)(A) and (2)(D); by redesignating
subsections (2)(A), (2)(C) as (2)(B), and (2)(E) as (2)(D); and by
adding new subsection (2)(C).
New subsection (2)(C) requires that production from all coal
produced by operations owned by persons who directly or indirectly
control the applicant by reason of ownership, direction of management,
or in any manner be attributed to the applicant.
b. Indiana proposes to move the substantive provision in subsection
(3) to new subsection (4) with minor language changes. New subsection
(3) requires that the applicant not be restricted in any manner from
receiving a permit.
3. 310 IAC 12-3-132 Operator Assistance; Filing for Assistance
Indiana is proposing minor language changes to clarify the existing
requirements for the information to be included in an application for
assistance.
4. 310 IAC 12-3-132.5 Small Operator Assistance; Application Approval
and Notice
a. Indiana proposes to add new subsection (c) to allow data
collection and analysis to proceed concurrently with the development of
mining and reclamation plans by the operator.
b. Indiana proposes to add new subsection (d) to require that data
collected under its small operator assistance program be made available
to the public and that the program administrator develop procedures for
interstate coordination and exchange of data.
5. 310 IAC 12-3-133 Small Operator Assistance; Program Services and
Data Requirements
Indiana is proposing minor language changes in this section to
clarify the program services available for eligible operators who
request assistance.
6. 310 IAC 12-3-134.1 Small Operator Assistance; Qualified
Laboratories
Indiana proposes to delete section 134 and to add its substantive
provisions to section 134.1. Minor language changes are also proposed.
7. 310 IAC 134.5 Small Operator Assistance; Assistance Funding
Indiana proposes to add a new section at 310 IAC 134.5 concerning
Indiana's use of funds authorized for the small operator assistance
program. Subsection (a) requires that the funds be used to provide the
services specified in section 133 and not be used to cover
administrative expenses. Subsection (b) requires the program
administrator to establish a formula for allocating funds to provide
services for eligible small operators if the available funds are less
than those required to provide the services pursuant to this rule.
8. 310 IAC 12-3-135 Small Operator Assistance; Applicant Liability
Indiana proposes minor language changes in this section to clarify
the requirements for an applicant to reimburse funds received for
services
[[Page 7193]]
rendered under the small operator assistance 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 March 5, 1997. The location and time of the hearing will be
arranged with those persons requesting the hearing. If no one requests
an opportunity to speak at the public hearing, the hearing will not be
held. 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.
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.
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 posed 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 12988
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 (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 720(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.
Unfunded Mandates
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
List of Subjects in 30 CFR Part 914
Intergovernmental relations, Surface mining, Underground mining.
Dated: February 6, 1997.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 97-3898 Filed 2-14-97; 8:45 am]
BILLING CODE 4310-05-M
