[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language which was inadvertently repealed.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to SMCRA to revise language that was inadvertently repealed and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
