[Federal Register Volume 60, Number 6 (Tuesday, January 10, 1995)]
[Rules and Regulations]
[Pages 2520-2522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-569]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 944
Utah Regulatory Program
ACTION: Proposed rule; reopening and extension of public comment period
on proposed amendment.
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SUMMARY: OSM is announcing receipt of additional explanatory
information pertaining to a previously proposed amendment to the Utah
regulatory program (hereinafter, the ``Utah program'') under the
Surface Mining Control and Reclamation Act of 1977 (SMCRA). The
additional explanatory information for Utah's proposed rule pertains to
liability self-insurance requirements for coal mining operations. The
amendment is intended to allow coal mining operators who qualify as
government entities under the Utah Interlocal Cooperation Act and the
Utah Governmental Immunity Act to provide a certain amount of their
liability insurance through self-insurance.
DATES: Written comments must be received by 4:00 p.m., m.s.t., January
25, 1995.
ADDRESSES: Written comments should be mailed or hand delivered to
Thomas E. Ehmett at the address listed below.
[[Page 2521]] Copies of the Utah program, the proposed amendment,
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 Albuquerque Field Office.
Thomas E. Ehmett, Acting Director, Albuquerque Field Office, Office of
Surface Mining Reclamation and Enforcement, 505 Marquette Avenue, NW.,
Suite 1200, Albuquerque, New Mexico 87102
Utah Coal Regulatory Program, Division of Oil, Gas and Mining, 355 West
North Temple, 3 Triad Center, Suite 350, Salt Lake City, Utah 84180-
1203, Telephone: (801) 538-5340.
FOR FURTHER INFORMATION CONTACT:
Thomas E. Ehmett, Telephone: (505) 766-1486.
SUPPLEMENTARY INFORMATION:
I. Background on the Utah Program
On January 21, 1981, the Secretary of the Interior conditionally
approved the Utah program. General background information, on the Utah
program, including the Secretary's findings, the disposition of
comments, and the conditions of approval of the Utah program can be
found in the January 21, 1981, Federal Register (46 FR 5899).
Subsequent actions concerning Utah's program and program amendments can
be found at 30 CFR 944.15, 944.16, and 944.30.
II. Proposed Amendment
By letter dated October 4, 1994, Utah submitted a proposed
amendment to its program pursuant to SMCRA (administrative record No.
UT-979). Utah submitted the proposed amendment at its own initiative
with the intention of allowing companies in the coal industry, if they
so desire, to provide a certain amount of their liability insurance
through self-insurance. The provision of the Utah Coal Mining Rules
that Utah proposes to revise is Utah Administrative Rule (Utah Admin.
R.) 645-301-890.400, Terms and Conditions for Liability Insurance.
OSM announced receipt of the proposed amendment in the October 21,
1994, Federal Register (59 FR 53123), provided an opportunity for a
public hearing or meeting on its substantive adequacy, and invited
public comment on its adequacy (administrative record No. UT-982).
Because no one requested a public hearing or meeting, none was held.
The public comment period ended on November 21, 1994.
During its review of the amendment, OSM identified concerns
relating to the provision of Utah's Coal Mining Rules at Utah Admin. R.
645-301-890.400. OSM notified Utah of the concerns by letter dated
November 30, 1994 (administrative record No. UT-992). Utah responded in
a letter dated December 16, 1994, by submitting additional explanatory
information (administrative record No. UT-999).
In response to the issue letter, Utah proposes additional
explanatory information with the intention of clarifying that Utah's
proposed revision to Utah Admin. R. 645-301-890.400 will allow
companies in the coal industry to provide a certain amount of their
liability insurance through self-insurance only if they qualify as
government entities under (1) a Utah statutory provision allowing for
the creation by two or more public agencies of a separate legal or
administrative entity at Utah Code Annotated (U.C.A.) Sec. 11-13-
5.5(2)(a) of the Utah Interlocal Cooperation Act and (2) a Utah self-
insurance statutory provision at U.C.A. Sec. 63-30-28 of the Utah
Governmental Immunity Act.
III. Public Comment Procedures
OSM is reopening the comment period on the proposed Utah program
amendment to provide the public an opportunity to reconsider the
adequacy of the proposed amendment in light of the additional materials
submitted. 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 Utah program.
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 Albuquerque Field Office
will not necessarily be considered in the final rulemaking or included
in the administrative record.
IV. Procedural Determinations
1. 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).
2. 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 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 12550) and the Federal regulations at 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.
3. 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)).
4. 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.).
5. 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 that 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 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 counterpart Federal regulations. [[Page 2522]]
V. List of Subjects in 30 CFR Part 944
Intergovernmental relations, Surface mining, Underground mining.
Dated: January 3, 1995.
Charles E. Sandberg,
Acting Assistant Director, Western Support Center.
[FR Doc. 95-569 Filed 1-9-95; 8:45 am]
BILLING CODE 4310-05-M
