[Federal Register Volume 60, Number 50 (Wednesday, March 15, 1995)]
[Proposed Rules]
[Pages 13935-13936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6301]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 944
Utah 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
regulatory program (hereinafter, the ``Utah program'') under the
Surface Mining Control and Reclamation Act of 1977 (SMCRA). The
proposed amendment consists of revisions to rules pertaining to permit
application requirements and normal husbandry practices and Utah's
``Vegetation Information Guidelines.'' The amendment is intended to
improve operational efficiency.
DATES: Written comments must be received by 4:00 p.m., m.d.t. April 14,
1995. If requested, a public hearing on the proposed amendment will be
held on April 10, 1995. Requests to present oral testimony at the
hearing must be received by 4:00 p.m., m.s.t. on March 30, 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 February 6, 1995, Utah submitted a proposed
amendment to its program pursuant to SMCRA (administrative record No.
UT-1025). Utah submitted the proposed amendment at its own initiative.
Utah proposes to revise its Coal Mining Rules at Utah Administrative
(Utah Admin. R.) 645-301-321.100 and .200, 645-301-322.332, and 645-
301-342.352, concerning permit application requirements, and Utah
Admin. R. 645-301-357.300 through 365, concerning normal husbandry
practices. Utah also proposes to revise its ``Vegetation Information
Guidelines,'' concerning a Bibliography of referenced publications for
the proposed normal husbandry practices.
Specifically, Utah proposes to revise Utah Admin. R. 645-301-
321.100 and .200, 645-301-322.332, and 645-301-342.352 by adding the
terms ``surface coal mining and reclamation activities'' and/or
``underground coal mining and reclamation activities;'' Utah Admin. R.
645-301-357.300 by deleting existing general information concerning
Utah's authority to approve selective husbandry practices; and Utah
Admin. R. 645-301-357.301 through .365 by adding, as proposed normal
husbandry practices, (1) Limited reseeding or replanting of trees or
shrubs, (2) chemical, mechanical , and biological weed control and
associated revegetation, (3) control of pests including big game, small
mammals, and insects, (4) reseeding and/or replanting as a result of
third-party interference or natural disasters, excluding climatic
variation and including vandalism which is not caused by any lack of
planning, design, or implementation of the mining and reclamation plan,
wildfires, earth quakes, and mass movement originating outside the
disturbed area, (5) limited irrigation, and (6) limited repair of
highly erodible areas and rills and gullies. Utah also proposes to
revise its ``Vegetation Information Guidelines'' by adding Appendix C,
a bibliography of referenced publications supporting the proposed
normal husbandry practices.
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 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.
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 30, 1995. 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. 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 specified date until all
persons scheduled to testify have been heard. Persons in the audience
who have not been scheduled to testify, and who wish [[Page 13936]] 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 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 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 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: March 7, 1995.
Charles E. Sandberg,
Acting Assistant Director, Western Support Center.
[FR Doc. 95-6301 Filed 3-14-95; 8:45 am]
BILLING CODE 4310-05-M
