Indiana Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[SPATS No. IN-140-FOR; State Program Amendment No. 98-4]

Indiana Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Proposed rule; public comment period and opportunity for public

hearing.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)

is announcing receipt of a proposed amendment to the Indiana regulatory

program (Indiana program) under the Surface Mining Control and

Reclamation Act of 1977 (SMCRA). Indiana proposes additions of rules

concerning blaster certification. Indiana intends to revise its program

to improve operational efficiency.

This document gives the times and locations that the Indiana

program and amendment to that program are available for your

inspection, the comment period during which you may submit written

comments on the amendment, and the procedures that will be followed for

the public hearing, if one is requested.

DATES: We will accept written comments until 4:00 p.m., e.s.t., August

16, 1999. If requested, we will hold a public hearing on the amendment

on August 9, 1999. We will accept requests to speak at the hearing

until 4:00 p.m., e.s.t. on July 30, 1999.

ADDRESSES: You should mail or hand deliver written comments and

requests to speak at the hearing to Andrew R. Gilmore, Director,

Indianapolis Field Office, at the address listed below.

You may review copies of the Indiana program, the amendment, a

listing of any scheduled public hearings, and all written comments

received in response to this document at the addresses listed below

during normal business hours, Monday through Friday, excluding

holidays. You may receive one free copy of the amendment by contacting

OSM's Indianapolis Field Office.

Andrew R. Gilmore, Director, Indianapolis Field Office, Office of

Surface Mining Reclamation and Enforcement, Minton-Capehart Federal

Building, 575 North Pennsylvania Street, Room 301, Indianapolis, IN

46204, Telephone: (317) 226-6700.

Indiana Department of Natural Resources, Bureau of Mine

Reclamation, 402 West Washington Street, Room W-295, Indianapolis,

Indiana 46204, Telephone: (317) 232-1291.

Indiana Department of Natural Resources, Division of Reclamation,

R.R. 2, Box 129, Jasonville, Indiana 47438-9517, Telephone: (812) 665-

2207.

FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Director,

Indianapolis Field Office. Telephone: (317) 226-6700. Internet:

[email protected]

SUPPLEMENTARY INFORMATION:

I. Background on the Indiana Program

On July 29, 1982, the Secretary of the Interior conditionally

approved the Indiana program. You can find background information on

the Indiana program, including the Secretary's findings, the

disposition of comments, and the conditions of approval in the July 26,

1982, Federal Register (47 FR 32107). You can find later actions on the

Indiana program at 30 CFR 914.10, 914.15, and 914.16.

II. Description of the Proposed Amendment

By letter dated July 1, 1999 (Administrative Record No. IND-1659),

Indiana sent us an amendment to its program under SMCRA. Indiana sent

the amendment at its own initiative. Indiana proposes to amend the

Indiana Administrative Code. Below is a summary of the changes proposed

by Indiana. The full text of the proposed program amendment is

available for your inspection at the locations listed above under

ADDRESSES.

A. 310 IAC 12-8-4.1, Application for Certification

Indiana proposes to add this section to require persons wishing to

become certified blasters to submit an application for certification to

the department. The application must be in writing, on forms supplied

by the department, and completed in accordance with the application

instructions. If an application form is incomplete, the department will

notify the applicant of the deficiencies. The applicant will then have

thirty days to provide the required information. If the applicant does

not provide the required information, the department will terminate the

application. The director or an authorized representative may verify

the information shown on the application. Finally, if the department

terminates the application, the applicant will not be considered for

certification. However, the applicant may submit a new application at

any time.

[[Page 38166]]

B. 30 IAC 12-8-8.1, Renewal

Indiana proposes to add this section to require a certified blaster

to renew his or her certification every three years. The request for

renewal must be submitted to the department in writing, on forms

supplied by the department, within thirty days prior to expiration of

the certificate. The department will approve the renewal request if the

certified blaster has worked at least twelve months of the preceding

thirty-six as a certified blaster and is not in violation of 310 IAC

12-8-9. If the certified blaster does not renew his or her

certification within one year after expiration, the certificate will no

longer be renewable. A blaster must then submit a new application for

certification. The department will send a renewal notice to each

registrant at least two months before expiration of certification.

Finally, the renewal notice and all other communications will be sent

to the last address the registrant gave to the department. Failure to

receive a renewal notice does not relieve the certified blaster of the

obligation to renew his or her certification.

III. Public Comment Procedures

Under the provisions of 30 CFR 732.17(h), we are requesting

comments on whether the amendment satisfies the applicable program

approval criteria of 30 CFR 732.15. If we approve the amendment, it

will become part of the Indiana program.

Written Comments

Your written comments should be specific and pertain only to the

issues proposed in this rulemaking. You should explain the reason for

any recommended change. In the final rulemaking, we will not

necessarily consider or include in the Administrative Record any

comments received after the time indicated under DATES or at locations

other than the Indianapolis Field Office.

Public Hearing

If you wish to speak at the public hearing, contact the person

listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., e.s.t. on

July 30, 1999. We will arrange the location and time of the hearing

with those persons requesting the hearing. If you are disabled and need

special accommodations to attend a public hearing, contact the

individual listed under FOR FURTHER INFORMATION CONTACT. The hearing

will not be held if no one requests an opportunity to speak at the

public hearing.

You should file a written statement at the time you request the

hearing. This will allow us 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. If

you are in the audience and have not been scheduled to speak and wish

to do so, you will be allowed to speak after those who have been

scheduled. We will end the hearing 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. If you wish

to meet with us to discuss the amendment, request a meeting by

contacting the person listed under FOR FURTHER INFORMATION CONTACT. All

such meetings are open to the public and, if possible, we will post

notices of meetings at the locations listed under ADDRESSES. We also

make a written summary of each meeting a part of the Administrative

Record.

IV. Procedural Determinations

Executive Order 12866

The Office of Management and Budget (OMB) exempts this rule from

review 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 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 State regulatory programs and

program amendments 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

This rule does not require an environmental impact statement since

section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency

decisions on 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. Therefore, this rule will ensure that existing requirements

previously published 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.

Unfunded Mandates

OSM has determined and certifies under the Unfunded Mandates Reform

Act (2 U.S.C. 1502 et seq.) that this rule will not impose a cost of

$100 million or more in any given year on local, state, or tribal

governments or private entities.

List of Subjects in 30 CFR Part 914

Intergovernmental relations, Surface mining, Underground mining.

Dated: July 7, 1999.

Charles E. Sandberg,

Acting Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 99-17981 Filed 7-14-99; 8:45 am]

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