[Federal Register Volume 59, Number 15 (Monday, January 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1558]
[[Page Unknown]]
[Federal Register: January 24, 1994]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 944
Utah Permanent Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; reopening and extension of public comment period
on proposed amendment.
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SUMMARY: OSM is announcing receipt of additional revisions pertaining
to a previously proposed amendment to the Utah permanent regulatory
program (hereinafter, the ``Utah program'') under the Surface Mining
Control and Reclamation Act of 1977 (SMCRA). The additional revisions
for Utah's proposed rules pertain to the scope of rulemaking and
promulgation of rules, hearing requirements for designating areas
unsuitable for coal mining, confidentiality of coal exploration
information, and mining in special areas, specifically prime farmland.
The amendment is intended to incorporate the additional flexibility
afforded by the revised Federal regulations, clarify ambiguities, and
improve operational efficiency.
This document sets forth the times and locations that the Utah
program and proposed amendment to that program are available for public
inspection and the dates and times of the reopened comment period
during which interested persons may submit written comments on the
proposed amendment.
DATES: Written comments must be received by 4 p.m., m.s.t., February 8,
1994.
ADDRESSES: Written comments should be mailed or hand delivered to
Robert H. Hagen at the address listed below.
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.
Robert H. Hagen, Director, Albuquerque Field Office, Office of Surface
Mining Reclamation and Enforcement, 505 Marquette Avenue NW., Suite
1200, Albuquerque, New Mexico 87102, Telephone: (505) 766-1486
Utah 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: Robert H. Hagen, Telephone: (505) 766-
1486.
SUPPLEMENTARY INFORMATION:
I. Background on the Utah Program
II. Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
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 August 2, 1993, Utah submitted a proposed amendment
to its program pursuant to SMCRA (administrative record No. UT-851).
Utah submitted the proposed amendment at its own initiative. Utah
proposed revisions to the Utah Rules of Practice and Procedure of the
Board of Oil, Gas and Mining (Board) at Utah Administrative Rules (Utah
Admin. R.) 641-112-100, scope of rulemaking, and 641-112-200,
promulgation of rules. Utah also proposed revisions to the Utah Coal
Mining Rules at Utah Admin. R. 645-100-500, petitions to initiate
rulemaking; 645-103-441, hearing requirements for designating areas
unsuitable for coal mining and reclamation operations; 645-203-200,
confidentiality of coal exploration information; 645-301-524.661,
permit application blasting level chart; 645-301-731.760, permit
application cross sections and maps showing hydrologic information; and
645-302-314.110 and 645-302-323.310, special areas of mining,
specifically prime farmland and alluvial valley floors.
OSM published a document in the August 27, 1993 Federal Register
(58 FR 45305) announcing receipt of the amendment and inviting public
comment on its adequacy (administrative record No. UT-865). The public
comment period ended September 27, 1993.
During its review of the amendment, OSM identified concerns for (1)
Utah Admin. R. 641-112, regarding the incorrect reference to its
rulemaking authority at Utah Code Annotated (UCA) 40-9-3.5(2), which
was repealed by Utah in 1993; (2) Utah Admin. R. 645-103-441, regarding
the need for agreement between the petitioners and intervenors to
change the location of a public hearing on a petition to designate
lands unsuitable for mining; (3) Utah Admin. R. 645-203-200, regarding
the proposed deletion of the phrase ``and the information is
confidential'' which would impart a change in the criteria for
determining coal exploration information that is or is not allowed to
be held confidential under the Utah program, and the proposed reference
to Utah's Government Records Access and Management Act (GRAMA) in that
certain aspects of GRAMA were previously found to be less effective
than the Federal regulations with regard to the restrictions it imposes
on the availability of coal exploration information; and (4) Utah
Admin. R. 645-302-314.110, regarding the need to use the prime farmland
soil survey standards in U.S. Department of Agriculture (USDA) Handbook
436, as it existed on October 5, 1982, and USDA Handbook 18, as it
existed on November 16, 1982.
OSM notified Utah of the concerns by letter dated December 9, 1993
(administrative record No. UT-878). Utah responded in a letter dated
January 7, 1994, by submitting a revised amendment (administrative
record No. UT-881).
Utah proposes the following additional revisions to its existing
rules. At Utah Admin. R. 641-112, Utah proposes to reference UCA 40-8-
6(1), which applies to rulemaking authority under the Utah Mined Land
Reclamation Act. At Utah Admin. R. 645-103-441, Utah proposes (1) that
unless the petitioners and intervenors agree otherwise, the Board shall
hold a public hearing within 10 months after receipt of a complete
petition to designate lands unsuitable for mining; (2) if all
petitioners and intervenors agree that a public hearing is not needed,
the hearing need not be held; and (3) all hearings held under Utah
Admin. R. 645-103-441 will be held in the locality of the area covered
by the petition. At Utah Admin. R. 645-203-200, Utah proposes to
require that the Utah Division of Oil, Gas and Mining will not make
coal information available for public inspection if the person
submitting it requests in writing , at the time of submission, that it
not be disclosed and the information is confidential under the
standards of the Federal Act (SMCRA). At Utah Admin. R. 645-302-
314.110, Utah proposes to require that USDA soils Handbooks 436 and 18
are incorporated by reference as they respectively existed on October
5, 1982, and November 16, 1982.
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 proposed 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 of 1969 (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 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 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.
List of Subjects in 30 CFR Part 944
Intergovernmental relations, Surface mining, Underground mining.
Dated: January 14, 1994.
Raymond L. Lowrie,
Assistant Director, Western Support Center.
[FR Doc. 94-1558 Filed 1-21-94 10:00 am]
BILLING CODE 4310-05-M
