[Federal Register Volume 59, Number 38 (Friday, February 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4280]
[[Page Unknown]]
[Federal Register: February 25, 1994]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 944
Utah Permanent Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: OSM is announcing receipt of a proposed amendment to the Utah
permanent regulatory program (hereinafter, the ``Utah program'') under
the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The
proposed amendment consists of revisions to Utah's rules pertaining to
coal exploration. Utah proposed the amendment with the intent of
streamlining the Utah program and making the exploration process more
responsive to field needs for coal seam information.
This document sets forth the times and locations that the Utah
program and proposed amendment to that program are available for public
inspection, the dates and times of the comment period during which
interested persons may submit written comments on the proposed
amendment, and the procedures that will be followed regarding the
public hearing, if one is requested.
DATES: Written comments must be received by 4 p.m., m.s.t. on March 28,
1994. If requested, a public hearing on the proposed amendment will be
held on March 22, 1994. Requests to present oral testimony at the
hearing must be received by 4 p.m., m.s.t. on March 14. 1994. Any
disabled individual who has a need for a special accommodation to
attend a public hearing should contact the individual listed under FOR
FURTHER INFORMATION CONTACT.
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 January 27, 1994, Utah submitted a proposed
amendment to its program pursuant to SMCRA (administrative record No.
UT-888). Utah submitted the proposed amendment at its own initiative to
``streamline the Utah program and make the exploration process more
responsive to field needs for coal seam information.'' The sections of
the Utah Coal Mining Rules that Utah proposes to amend are: Utah
Administrative Rule (Utah Admin. R.) 645-200-100, scope of rules for
coal exploration; Utah Admin. R. 645-200-200, responsibilities of the
Division concerning (1) notice of intention to conduct minor coal
exploration and (2) major coal exploration permits; Utah Admin. R. 645-
201-100, requirements for coal exploration approval; Utah Admin. R.
645-201-200, notices of intention to conduct minor coal exploration;
and Utah Admin. R. 645-202-100, required documents for notice of
intention to conduct minor coal exploration and major coal exploration
permits.
Specifically, Utah proposes to revise its rules describing the
scope of its coal exploration rules at (1) Utah Admin. R. 645-200-121
to provide a coal exploration category for exploration that is subject
to 43 CFR parts 3480 through 3487 and to require that this category of
exploration be conducted according to the procedures set forth in 43
CFR parts 3480 through 3487; (2) Utah Admin. R. 645-200-122 to require,
for coal exploration operations that will remove 250 tons or less of
coal, the Division of Oil, Gas and Mining (Division) to review the
operator's notice of intention to conduct minor coal exploration under
the requirements of Utah Admin. R. 645-201-200; and (3) Utah Admin. R.
645-200-123 to require, for coal exploration operations that will
remove more than 250 tons of coal, the Division's approval and issuance
of a major coal exploration permit under the requirements of Utah
Admin. R. 645-201-300.
Utah proposes to revise its rules pertaining to the Division's
responsibilities for coal exploration at (1) Utah Admin. R. 645-200-220
to provide that the Division will receive and review notices of
intention to conduct minor coal exploration and enforce the terms of
each notice; receive, review, and approve or disapprove applications
for major coal exploration permits as well as issue, condition,
suspend, revoke and enforce these permits under the Utah program; and
review and respond to notices of intention to conduct minor coal
exploration and initial applications for major coal exploration permits
within 15 days of receipt; and (2) Utah Admin. R. 645-200-230 to
provide that the Division will coordinate review of notices of
intention for minor coal exploration and review, approval, or
disapproval of major coal exploration permit applications with other
government agencies, as appropriate.
Utah proposes to revise its rules for coal exploration plan review
at (1) Utah Admin. R. 645-201-110 to provide that the Division will be
responsible for coal exploration plan review on lands not subject to 43
CFR parts 3480 through 3487; (2) Utah Admin. R. 645-201-120 to provide
that the review of coal exploration plans on lands subject to 43 CFR
parts 3480 through 3487 will be guided by the direction provided in 43
CFR parts 3480 through 3487; and (3) Utah Admin. R. 645-201-130 to
provide that the Division will coordinate as appropriate its activities
in reviewing coal exploration projects with other agencies in order to
reduce duplication of agency and operator effort and maximize
protection of the State from the environmental effects of coal
exploration activities.
Utah proposes to revise its rules for notices of intention to
conduct minor coal exploration at Utah Admin. R. 645-201-210 to provide
that notices of intention to conduct minor coal exploration when 250
tons or less of coal will be removed will require Division review prior
to conducting exploration.
Utah proposes to revise its rules for coal exploration compliance
duties and required documents at Utah Admin. R. 645-202-100 to provide
that each person who conducts coal exploration that substantially
disturbs the natural land surface will, while in the exploration area,
have available a copy of the approved minor coal exploration notice of
intention or approved major coal exploration permit for review by an
authorized representative of the Division upon request.
Utah proposes editorial revisions to its rules for minor coal
exploration at Utah Admin. R. 645-200-122, 645-200-220, 645-201-210 and
-220, and 645-202-100 to replace ``application'' and ``permit'' as they
pertain to minor coal exploration with the phrase ``notice of intention
to conduct,'' and to provide that the Division ``reviews'' rather than
``approves and issues'' these notices. Utah proposes to eliminate the
distinction between coal exploration ``outside an approved permit
area'' and ``within an approved permit area'' at Utah Admin. R. 645-
200-100, 645-201-100, and 645-202-100. Utah proposes to delete parts of
Utah Admin. R. 645-201-100 through 140, revise the language as it
pertains to responsibilities for coal exploration, and recodify the
remaining provisions of this section as Utah Admin. R. 645-201-100
through 130.
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 Utah program.
1. Written Comments
Written comments should be specified, 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.
2. Public Hearing
Persons wishing to testify at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
m.s.t. on March 14, 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 held.
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 specific date until all
persons scheduled to testify have been heard. Persons in the audience
who have not been scheduled to testify, and who wish to do so, will be
heard following those who have been scheduled. The hearing will end
after all persons scheduled to testify and persons present in the
audience who wish to testify have been heard.
3. Public Meeting
If only one person requests an opportunity to testify 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 at the
locations listed under ADDRESSES. A written summary of each meeting
will be made a part of 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 (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
Intergovrnmental relations, Surface mining, Underground mining.
Dated: February 17, 1994.
Raymond L. Lowrie,
Assistant Director, Western Support Center.
[FR Doc. 94-4280 Filed 2-24-94; 8:45 am]
BILLING CODE 4310-05-M
