Indiana Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[SPATS No. IN-128-FOR; Amendment No. 95-6]

Indiana Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; withdrawal of proposed amendment.

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SUMMARY: OSM is announcing the withdrawal 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 amendment concerned revisions to the Indiana rules pertaining to

identification of interests, compliance information, and permit

conditions. Indiana is withdrawing the amendment at its own initiative.

FOR FURTHER INFORMATION CONTACT:

Andrew R. Gilmore, Director, Indianapolis Field Office, Telephone:

(317) 226-6700.

SUPPLEMENTARY INFORMATION: By letter dated February 18, 1997

(Administrative Record No. IND-1555), the Indiana Department of Natural

Resources (IDNR) submitted a proposed amendment to its program pursuant

to SMCRA. Indiana submitted the proposed amendment in response to a

letter dated May 11, 1989 (Administrative Record No. IND-0644), that

OSM sent to Indiana in accordance with 30 CFR 732.17(c), and at its own

initiative. Indiana proposed to amend the provisions of the Indiana

Administrative Code (IAC) concerning identification of interests,

compliance information, and permit conditions for surface and

underground coal mining.

OSM announced receipt of the proposed amendment in the March 13,

1997, Federal Register (62 IAC 11807) and invited public comment on its

adequacy. The public comment period ended April 14, 1997.

By letter dated June 24, 1997 (Administrative Record No. IND-1576),

OSM notified Indiana that the U.S. Court of Appeals for the district of

Columbia Circuit invalidated the language of the Federal regulations

upon which the proposed revisions were based. On May 21, 1998

(Administrative Record No. IND-1610), Indiana requested that the

proposed amendment be withdrawn. Indiana will submit a revised version

of the amendment after OSM completes its revisions to the Federal

regulations pertaining to ownership and control. Therefore, the

proposed amendment announced in the March 13, 1997, Federal Register is

withdrawn.

List of Subjects in 30 CFR Part 914

Intergovernmental relations, Surface mining, Underground mining.

Dated: June 5, 1998.

Charles E. Sandberg,

Acting Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 98-15763 Filed 6-12-98; 8:45 am]

BILLING CODE 4310-05-M