[Federal Register Volume 61, Number 55 (Wednesday, March 20, 1996)]
[Proposed Rules]
[Pages 11350-11352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6678]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 944
[SPATS No. UT-033]
Utah Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (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 petitions to initiate
rulemaking, backfilling and grading, and highwall retention. 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., on April
19, 1996. If requested, a public hearing on the proposed amendment will
be held on April 15, 1996. Requests to present oral testimony at the
hearing must be received by 4:00 p.m., m.s.t., on April 4, 1996.
ADDRESSES: Written comments should be mailed or hand delivered to James
F. Fulton 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
Denver Field Division.
James F. Fulton, Chief, Denver Field Division, Western Regional
Coordinating Center, Office of Surface Mining Reclamation and
Enforcement, 1999 Broadway, Suite 3320, Denver, Colorado 80202
James W. Carter, Director, Division of Oil, Gas & Mining, 3 Triad
Center, Suite 350, 355 West North Temple, Salt Lake City, Utah 84180-
1230
FOR FURTHER INFORMATION CONTACT:
James F. Fulton, Telephone: (303) 672-5524.
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 November 30, 1995, and March 11, 1996, Utah
submitted to OSM rules that it had promulgated for its program
(administrative record Nos. UT-1079 and UT-1081) pursuant to SMCRA (30
U.S.C. 1201 et seq.). With three exceptions, these rules are
[[Page 11351]]
substantively identical to rules that Utah had previously submitted to
OSM and for which the Director made a decision in the May 30, 1995,
Federal Register (60 FR 28040, administrative record No. UT-1057). The
three exceptions are rules that Utah is revising response to required
amendments and in response to a disapproval that OSM set forth in the
May 30, 1995, notice.
In response to the required program amendments at 30 CFR 944.16(c)
and (d) (May 30, 1995, 60 FR 28040, 28043-4, finding Nos. 4 and 5),
Utah proposes to revise Utah Admin. R. 645-301-553.110 and Utah Admin.
R. 534-301-553.120. Specifically, Utah proposes to revise Utah Admin.
R. 645-301-553.110 to reference ``R645-301-553.500 through R645-301-
553.540'' (emphasis added) instead of ``R645-301-500 through R645-301-
540.'' It also proposes to revise Utah Admin. R. 645-301-553.120 to
reference ``R645-301-553.500 through R645-301-553.540'' (emphasis
added) instead of ``R645-301-553.500 through R645-301-540'' and to
reference ``R645-301-553.650'' instead of ``R645-301-553.650 through
R645-301-553.651.'' In both of the revised rules, Utah indicates that
the referenced rules contain exceptions to the requirements for
operators to backfill and grade disturbed areas to approximate original
contour. The referenced rules pertain to previously mined areas,
continuously mined areas, areas with remaining highwalls subject to the
approximate original contour provisions, and highwall management under
the approximate original contour provisions.
In response to the Director not approving proposed Utah Admin. R.
645-301-553.651 (May 30, 1995, 60 FR 28040, 28046-7, finding No. 15),
Utah did not promulgate the rule. The rule concerned a proposed
applicability date for the backfilling and grading of highwalls.
Specifically, it would have provided that where an operator had
completed final backfilling and grading and Utah had released the phase
one bond prior to June 2, 1992, Utah would not require the operator to
redisturb the reclaimed highwall to bring it into compliance with Utah
Admin. R. 645-301-552.650.
In addition to the aforementioned revisions, Utah by letter dated
December 4, 1995, submitted to OSM a proposed revision to one of its
other rules (administrative record No. UT-1080). Utah submitted the
proposed revision in response to a November 22, 1995, OSM letter
(administrative record No. UT-1078) notifying Utah of a needed revision
to Utah's rule pertaining to petitions to initiate rulemaking.
Specifically, Utah proposes to revise Utah Admin. R. 645-100-500 to
require that persons other than the Division or Board of Oil, Gas and
Mining may petition to initiate rulemaking pursuant to Utah Admin. R.
Part 641 and the Utah Administrative Rulemaking Act at Utah Code
Annotated ``63-46a-1, et seq.'' instead of ``63-46a-8.''
Collectively, these revisions constitute a proposed amendment to
Utah's program.
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 Denver Field Division
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 April 4, 1996. 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 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
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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 13, 1996.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 96-6678 Filed 3-19-96; 8:45 am]
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