[Federal Register Volume 60, Number 15 (Tuesday, January 24, 1995)]
[Proposed Rules]
[Pages 4581-4582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1708]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
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 revisions and 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 revision and additional explanatory information for Utah's proposed
rules pertain to the confidentiality of coal exploration information.
The amendment is intended to revise the Utah program to be consistent
with the corresponding Federal regulations.
DATES: Written comments must be received by 4:00 p.m., m.s.t., February
8, 1995.
ADDRESSES: Written comments should be mailed or hand delivered to
Thomas E. Ehmett 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.
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 September 9, 1994, Utah submitted a proposed
amendment to its program pursuant to SMCRA (administrative record No.
UT-971). Utah submitted the proposed amendment in response to the
required program amendment at 30 CFR 944.16(a). The provisions of the
Utah Coal Mining Rules that Utah proposed to revise were at Utah
Administrative Rule (Utah Admin. R.) 645-203-200, Confidentiality.
OSM announced receipt of the proposed amendment in the September
27, 1994, Federal Register (59 FR 49227), provided an opportunity for a
public hearing or meeting on its substantive adequacy, and invited
public comment on its adequacy (administrative record No. UT-976).
Because no one requested a public hearing or meeting, none was held.
The public comment period ended on October 27, 1994.
During its review of the amendment, OSM identified concerns
relating to the provisions of Utah's rules at Utah Admin. R. 645-203-
200 and 645-203-210, confidentiality of coal exploration information.
OSM notified Utah of the concerns by letter dated November 15, 1994
(administrative record No. UT-991). Utah responded in a letter dated
January 5, 1994, by submitting a revised amendment and additional
explanatory information (administrative record No. UT-1003).
Utah proposes revisions to Utah Admin. R. 645-203-200, by deleting
the phrase ``or that the information is confidential under the
standards of the Federal Act.'' In addition, Utah provides additional
explanatory information pertaining to Utah Admin. R. 645-203-210, by
stating that there is some question as to the repetitious aspects of
Utah Admin. R. 645-203-210. Utah states that Utah Admin. R. 654-203-210
requires the Division of Oil, Gas and Mining (Division) to ``keep''
information confidential while Utah Admin. R. 645-203-200 directs the
Division to ``not make'' information available.
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. [[Page 4582]]
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 1255) 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.
List of Subjects in 30 CFR Part 944
Intergovernmental relations, Surface mining, Underground mining.
Dated: January 13, 1995.
Charles E. Sandberg,
Acting Assistant Director, Western Support Center.
[FR Doc. 95-1708 Filed 1-23-95; 8:45 am]
BILLING CODE 4310-05-M
