Indiana Regulatory Program

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.

-----------------------------------------------------------------------

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language which was inadvertently repealed.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