[Federal Register Volume 59, Number 86 (Thursday, May 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10783]

[[Page Unknown]]

[Federal Register: May 5, 1994]



Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914


Indiana Regulatory Program Amendment

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

action: Proposed rule.


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 revisions to the Indiana 
statutes as made by the Indiana General Assembly and contained in 
Senate Enrolled Act (SEA) 179. The amendment is intended to revise the 
Indiana program concerning disturbances in a floodway on a mine site.

dates: Written comments must be received by 4 p.m., e.s.t. June 6, 
1994. If requested, a public hearing on the proposed amendment will be 
held on May 31, 1994. Requests to speak at the hearing must be received 
by 4 p.m., e.s.t. on May 20, 1994. 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.

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-
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.


I. Background on the Indiana Program
II. Discussion of the Proposed Amendment
III. Public Comment Procedures
IV. 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 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 October 1, 1993, (Administrative Record No. IND-
1325) Indiana submitted a proposed amendment to its program pursuant to 
SMCRA. The amendment consists of statute changes made by the Indiana 
General Assembly and contained in the 1993 SEA 179. SEA 179 contains 
numerous amendments to Indiana statutes, but only those which pertain 
to the Indiana program are discussed below.

IC 13-4.1-4  Permit Approval or Denial

    Indiana has amended subsection IC 13-4.1-4-3(a) concerning the 
findings required to be made by the director of the Indiana Department 
of Natural Resources (IDNR) prior to issuing a permit. New subdivision 
3(a)(10) is added to provide as follows:

    (10) if any part of the operation would take place in a floodway 
(as defined in IC 13-2-22-3), the operation will not:
    (A) result in unreasonably detrimental effects upon the fish, 
wildlife, or botanical resources;
    (B) adversely affect the efficiency; or
    (C) unduly restrict the capacity of the floodway.

    In its submittal of this amendment, Indiana explained that the 
proposed language quoted above is being added to the Indiana program as 
a consequence of an amendment to IC 13-2-22-13. New subdivision 
13(c)(3) is added to IC 13-2-22-13 to provide that operations conducted 
under IC 13-4.1 (Indiana SMCRA) are exempted from the need for a 
``construction in a floodway'' permit issued by the IDNR, Division of 
Water. Instead, any activity in a floodway which is to be conducted as 
part of an operation regulated under IC 13-4.1 must be identified in 
the permit application to the Division of Reclamation. A determination 
must then be made by the Division of Reclamation that the environmental 
standards identified in the proposed language are met. This 
determination will then become part of the ``Findings Document'' which 
accompanies each of the Division's final permit recommendation.

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 May 20, 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 
    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 in advance 
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 proposed 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. 

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 
counterpart Federal regulations for which an economic analysis was 
prepared and certification made that such regulations would not have 
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 counterpart Federal regulations.

List of Subjects in 30 CFR Part 914

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: April 28, 1994.
Ronald C. Recker,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-10783 Filed 5-4-94; 8:45 am]