[Federal Register Volume 59, Number 179 (Friday, September 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22960]
[[Page Unknown]]
[Federal Register: September 16, 1994]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 914
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 (#94-2) consists of miscellaneous
revisions to the Indiana rules. The amendment is intended to revise the
Indiana program to eliminate topographical 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.
DATES: Written comments must be received by 4 pm, E.S.T. October 17,
1994. If requested, a public hearing on the proposed amendment will be
held on October 11, 1994. Requests to speak at the hearing must be
received by 4 pm, E.S.T. on October 3, 1994.
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.
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.
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 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 Number IND-1395) Indiana
submitted additional information to supplement the original submittal
of August 25, 1994. The supplemental materials consist of a copy of the
rules being amended in those instances where ``commissioner'' is being
changed to ``director.'' The proposed amendments are summarized as
follows.
A. Under IC 4-22-2-38 and IC 13-4.1, the following typographical,
clerical, or spelling errors are being corrected, or the following
changes from ``commission'' to ``director'' are being made:
(1) In 310 IAC 12-0.5-9, delete ``commission'' and insert
``director.''
(2) In 310 IAC 12-0.5-19, after ``who,'' insert ``has the following
qualifications.''
(3) In 310 IAC 12-0.5-19(1), delete ``has'' and insert ``Has,'' and
delete ``blaster;'' and insert ``blaster.''
(4) In 310 IAC 12-0.5-19(2), delete ``has'' and insert ``Has.'' and
delete ``technology;'' and insert ``technology.''
(5) In 310 IAC 12-0.5-19(3), delete ``has'' and insert ``Has,'' and
delete ``examination; and'' and insert ``examination''.
(6) In 310 IAC 12-0.5-19(4), delete ``holds'' and insert ``Holds,''
and delete ``commission'' and insert ``director.''
(7) In 310 IAC 12-0.5-71, delete ``commission'' and insert
``director.''
(8) In 310 IAC 12-0.5-85, delete ``or the commission.''
(9) In 310 IAC 12-0.5-86, delete ``commission'' and insert
``director,'' and delete ``its'' and insert ``the director's.''
(10) In 310 IAC 12-0.5-87, delete ``commission'' and insert
``director.''
(11) In 310 IAC 12-0.5-101, delete ``commission'' and insert
``director.''
(12) In 310 IAC 12-0.5-131, after ``reclamation,'' insert
``operation,'' and delete ``or the commission.''
(13) In 310 IAC 12-2-7(d), delete ``commission'' and insert
``director.''
(14) In 310 IAC 12-3-6(a), delete ``commission'' and insert
``director.''
(15) In 310 IAC 12-3-43(c), delete ``by the commission, Indiana
Bureau'' and insert ``by the director, the Indiana Bureau.''
(16) In 310 IAC 12-3-104(a), delete ``commission'' and insert
``director.''
(17) In 310 IAC 12-3-116(b), delete ``commission'' and insert
``director.''
(18) In 310 IAC 12-3-118(a), delete ``IC 4-22-1'' and insert IC 4-
21.5.''
(19) In 310 IAC 12-3-118(b), after ``commission's,'' insert ``or
director's.''
(20) In 310 IAC 12-3-118(c)(4), delete ``commission'' and insert
``director.''
(21) In 310 IAC 12-3-126, delete ``these regulations'' and insert
``310 IAC 12,'' and delete ``Commission'' and insert ``director.''
(22) In 310 IAC 12-4-17(a), delete ``commission'' and insert
``director.''
(23) In 310 IAC 12-4-17(b), delete ``commission'' and insert
``director.''
(24) In 310 IAC 12-4-17(c), delete ``commission'' and insert
``director'' two times.
(25) In 310 IAC 12-4-17(d)(1), delete ``department's'' and insert
``director's.''
(26) In 310 IAC 12-4-17(d)(2), delete ``IC 4-22-1'' and insert ``IC
4-21.5.''
(27) In 310 IAC 12-4-17(d)(3), delete ``department'' and insert
``director.''
(28) In 310 IAC 12-4-17(e), delete ``commission'' and insert
``director.''
(29) In 310 IAC 12-4-17(f), delete ``department'' and insert
''director.''
(30) In 310 IAC 12-4-17(g), delete ``department'' and insert
``director.''
(31) In 310 IAC 12-5-18(a), delete ``commission or the'' and insert
``director.''
(32) In 310 IAC 12-5-18(a)(2), delete ``310 IAC 12-5-21(e)'' and
insert ``section 21(e) of this rule.''
(33) In 310 IAC 12-5-18(c), delete ``310 IAC 12-5-30'' and insert
``section 30 of this rule.''
(34) In 310 IAC 12-5-18(e), delete ``310 IAC 12-5-5 through 310 IAC
12-5-71'' and insert ``sections 5 through 17 of this rule, this
section, and sections 19 through 71 of this rule.''
(35) In 310 IAC 12-5-19(a), delete ``310 IAC 12-5-18'' and insert
``section 18 of this rule.''
(36) In 310 IAC 12-5-19(b)(1), delete ``commission'' and insert
``director.''
(37) In 310 IAC 12-5-19(b)(3), delete ``310 IAC 12-5-18(d)(2)'' and
insert ``section 18(d)(2) of this rule.''
(38) In 310 IAC 12-5-19(c)(2), delete ``310 IAC 12-5-18'' and
insert ``section 18 of this rule.''
(39) In 310 IAC 12-5-19(c)(3), delete ``310 IAC 12-5-18(d)(2)'' and
insert ``section 18(d)(2) of this rule.''
(40) In 310 IAC 12-5-32(a), delete ``commission'' and insert
``director.''
(41) In 310 IAC 12-5-55.1(g), delete ``commission'' and insert
``director,'' and delete ``(or the director may approve).''
(42) In 310 IAC 12-5-55.1(i), delete ``commission'' and insert
``director.''
(43) In 310 IAC 12-5-55.1(k)(1), delete ``commission'' and insert
``director.''
(44) In 310 IAC 12-5-55.1(l), delete ``commission'' and insert
``director,'' and delete ``(or the director may approve).''
(45) In 310 IAC 12-5-84(a), delete ``the commission or.''
(46) In 310 IAC 12-5-84(a)(2), delete ``310 IAC 12-5-87(e) and
insert ``section 87(e) of this rule.''
(47) In 310 IAC 12-5-84(c), delete ``310 IAC 12-5-95'' and insert
``section 95 of this rule.''
(48) In 310 IAC 12-5-84(e), delete ``310 IAC 12-5-72 through 310
IAC 12-5-139'' and insert ``section 72 through 83 of this rule, this
section, and sections 85 through 139 of this rule.''
(49) In 310 IAC 12-5-84(g), delete ``enchancement'' and insert
``enhancement.''
(50) In 310 IAC 12-5-85(a), delete ``310 IAC 12-5-84'' and insert
``section 84 of this rule.''
(51) In 310 IAC 12-5-85(b)(1), delete ``commission'' and insert
``director.''
(52) In 310 IAC 12-5-85(b)(3), delete ``310 IAC 12-5-84(d)(2)'' and
insert ``section 84(d)(2) of this rule.''
(53) In 310 IAC 12-5-84(c)(2), delete ``310 IAC 12-5-84'' and
insert ``section 84 of this rule.''
(54) In 310 IAC 12-5-85(c)(3), delete ``310 IAC 12-5-84(d)(2)'' and
insert ``section 84(d)(2) of this rule.''
(55) In 310 IAC 12-5-97(a), delete ``commission'' and insert
``director.''
(56) In 310 IAC 12-5-119.1(g), delete ``commission'' and insert
``director,'' and delete ``(or the director may approve).''
(57) In 310 IAC 12-5-119.1(i), delete ``commission'' and insert
``director.''
(58) In 310 IAC 12-5-119.1(k)(1), delete ``commission'' and insert
``director.''
(59) In 310 IAC 12-5-119.1(1), delete ``commission'' and insert
``director,'' and delete ``(or the director may approve.''
(60) In 310 IAC 12-5-133(a), delete ``commission'' and insert
``director''.
(61) In 310 IAC 12-5-133(b), delete ``commission'' and insert
``director''.
(62) In 310 IAC 12-5-133(c)(6), delete ``commission'' and insert
``director''.
(63) In 310 IAC 12-5-133(f), delete ``commission'' and insert
``director,'' and delete ``(or approved by the director).''
(64) In 310 IAC 12-5-150.1(c), delete ``commission or the.''
(65) In 310 IAC 12-5-150.1(e), delete ``commission'' and insert
``director,'' and delete ``or to the director.''
(66) In 310 IAC 12-5-150.1(e)(1), delete ``commission'' and insert
``director,'' and delete ``1.3'' and insert ``one and three-tenths
(1.3).''
(67) In 310 IAC 12-6-11(b), delete ``31'' and insert ``thirty-one
(31).''
(68) In 310 IAC 12-6-11(c), delete ``30'' and insert ``thirty
(30).''
(69) In 310 IAC 12-6-11(d), delete ``5,000 dollars'' and insert
``five thousand dollars ($5,000),'' delete ``commission'' and insert
``director.''
(70) In 310 IAC 12-7-1(a)(3), delete ``the Act'' and insert ``IC
13-4.1.''
(71) In 310 IAC 12-7-1(a)(7), delete ``45'' and insert ``forty five
(45),'' and delete ``Section'' 705.13(a)'' and insert ``30 CFR
705.13(a).''
(72) In 310 IAC 12-7-1(b), delete ``the Act'' and insert ``IC 13-
4.1.''
(73) In 310 IAC 12-7-1(c), delete ``Commissions'' and insert ``The
director.''
(74) In 310 IAC 12-8-6(a)(1), delete ``commission'' and insert
``director.''
(75) In 310 IAC 12-8-6(b), delete ``commission'' and insert
``director.''
(76) In 310 IAC 12-8-7(a), delete ``commission's'' and insert
``director.''
B. Under IC 4-22-2-38, the following typographical, clerical, or
spelling errors are being corrected:
(1) In 310 IAC 12-3-46(b)(3), delete ``aluival'' and insert
``alluvial,'' and delete ``anaylses'' and insert ``analyses.''
(2) In 310 IAC 12-3-73.1, delete ``310 IAC 12-5-78'' and insert
``310 IAC 12-5-78.1.''
(3) In 310 IAC 12-3-80(b)(2), delete ``through 310 IAC 12-5-121''
and insert ``and 310 IAC 12-5-121.1.''
(4) In 310 IAC 12-3-80(b)(3), delete ``aluvial'' and insert
``alluvial.''
(5) In 310 IAC 12-3-80(b)(4), delete ``(viii)'' and insert
``(vii).''
(6) In 310 IAC 12-3-80(b)(8), insert ,'' ``after'' (42 U.S.C. Sec.
7401 et seq.)''
(7) In 310 IAC 12-3-107(a), delete ``application'' and insert
``applications.''
(8) In 310 IAC 12-3-107(b), delete ``30'' and insert ``thirty
(30).''
(9) In 310 IAC 12-5-36(e)(3), delete ``response'' and insert
``response.''
(10) In 310 IAC 12-5-36(f), delete ``boundry'' and insert
``boundary.''
(11) In 310 IAC 12-5-36(h)(3)(ii), delete ``of this section at at''
and insert ``of this section at.''
(12) In 310 IAC 12-5-40(a) and (a)(1), delete ``500'' and insert
``five hundred (500).''
(13) In 310 IAC 12-6-7(a)(1), delete ``operaton'' and insert
``operation.''
(14) In 310 IAC 12-6-12(a), delete ``30'' and insert ``thirty
(30),'' delete ``12'' and insert ``twelve (12),'' delete ``One point''
and insert ``One (1) point,'' and delete ``Five points'' and insert
``Five (5) points.''
(15) In 310 IAC 12-6-12(b), delete ``30'' and insert ``thirty
(30).''
(16) In 310 IAC 12-6-12 (b)(1) and (b)(2), delete ``15'' and insert
``fifteen (15).''
(17) In 310 IAC 12-6-12(b)(2)(i), delete ``zero to seven points''
and insert ``zero (0) to seven (7) points.''
(18) In 310 IAC 12-6-12(b)(2)(ii), delete ``assign eight to 15
points'' and insert ``assign eight (8) to fifteen (15) points.''
(19) In 310 IAC 12-6-12(b)(3), delete ``15'' and insert ``fifteen
(15).''
(20) In 310 IAC 12-6-12(c)(1), delete ``25'' and insert ``twenty-
five (25).''
(21) In 310 IAC 12-6-12(c)(1)(i), delete ``no'' and insert ``zero
(0).''
(22) In 310 IAC 12-6-12(c)(1)(ii), delete ``12'' and insert
``twelve (12).''
(23) In 310 IAC 12-6-12(c)(1)(iii), delete ``13 to 19'' and insert
``thirteen (13) to nineteen (19).''
(24) In 310 IAC 12-6-12(c)(1)(iv), delete ``20 to 25'' and insert
``twenty (20) to twenty-five (25).''
(25) In 310 IAC 12-6-12(c)(3), delete ``sabatage'' and insert
``sabotage.''
(26) In 310 IAC 12-6-12(d)(1)(i), delete ``30%'' and insert
``thirty percent (30%).''
(27) In 310 IAC 12-6-12(d)(1)(ii), delete ``31 to 40 percent'' and
insert ``thirty-one percent (31%) to forty percent (40%).''
(28) In 310 IAC 12-6-12(d)(1)(iii), delete ``41 to 50 percent'' and
insert ``forty-one percent (41%) to fifty percent (50%).''
(29) In 310 IAC 12-6-12(d)(1)(iv), delete ``51 to 60 percent'' and
insert ``fifty-one percent (51%) to sixty percent (60%).''
(30) In 310 IAC 12-6-12(d)(1)(v), delete ``61 to 70 percent'' and
insert ``sixty-one percent (61%) to seventy percent (70%).''
(31) In 310 IAC 12-6-12(d)(1)(vi), delete ``71 to 80 percent'' and
insert ``seventy-one percent (71%) to eighty percent (80%),'' and
delete ``(6)'' and insert ``(-6).''
(32) In 310 IAC 12-6-12(d)(1)(vii), delete ``81 to 90 percent'' and
insert ``eighty-one percent (81%) to ninety percent (90%).''
(33) In 310 IAC 12-6-12(d)(1)(viii), delete ``91 to 100 percent''
and insert ``ninety-one percent (91%) to one hundred percent (100%),
and delete ``0'' and insert ``zero (0).''
(34) In 310 IAC 12-6-12(d)(2)(ii), delete ``-6'' and insert
``negative six (-6).''
(35) In 310 IAC 12-6-12(d)(2)(iii), delete ``0'' and insert ``zero
(0).''
(36) In 310 IAC 12-6-15(a), delete ``15'' and insert ``fifteen
(15).''
(37) In 310 IAC 12-6-15(b) and 15(c), delete ``30'' and insert
``thirty (30).''
(38) In 310 IAC 12-7-2, delete ``this rule'' and insert ``310 IAC
12-7,'' delete ``the Act'' and insert ``IC 13-4.1'' two times, and
delete ``this Act'' and insert ``IC 13-4.1.''
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 p.m., e.s.t.
on October 3, 1994. 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.
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: September 12, 1994.
Tim L. Dieringer,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-22960 Filed 9-15-94; 8:45 am]
BILLING CODE 4310-DS-M
