[Federal Register Volume 60, Number 129 (Thursday, July 6, 1995)]
[Proposed Rules]
[Pages 35158-35160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16544]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 944
Utah Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; reopening and extension of public comment period
on proposed amendment.
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SUMMARY: OSM is announcing receipt of revisions 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 revisions for Utah's proposed
rules pertain to normal husbandry practices and Utah's ``Vegetation
Information Guidelines.''
[[Page 35159]]
The amendment is intended to improve operational efficiency.
DATES: Written comments must be received by 4 p.m., m.d.t., July 21,
1995.
ADDRESSES: Written comments should be mailed or hand delivered to
Richard J. Seibel 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
Western Regional Coordinating Center.
Richard J. Seibel, Regional Director, Western Regional Coordinating
Center, Office of Surface Mining Reclamation and Enforcement, 1999
Broadway, Suite 3320, Denver, Colorado 80202-5733
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: Richard J. Seibel, Telephone: (303)
672-5501.
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 (administrative record No. UT-1025) pursuant
to SMCRA (30 U.S.C. 1201 et seq.). Utah submitted the proposed
amendment at its own initiative.
OSM announced receipt of the proposed amendment in the March 15,
1995, Federal Register (60 FR 13935), provided an opportunity for a
public hearing or meeting on its substantive adequacy, and invited
public comment on its adequacy (administrative record No. UT-1034).
Because no one requested a public hearing or meeting, none was held.
The public comment period ended on April 14, 1995.
During its review of the amendment, OSM identified concerns
relating to the provisions of the Utah Coal Mining Rules at Utah
Administrative Rule (Utah Admin. R.) 645-301-357.340, concerning those
activities that cause the need for repair of revegetation after phase
II bond release that would not restart the liability period; Utah
Admin. R. 645-301-357.350, concerning clarification that the rule
applies to irrigation of transplanted trees and shrubs that would not
restart the liability period; and Appendix C of Utah's ``Vegetation
Information Guidelines,'' concerning references to manuals it submitted
to support the reestablishment of vegetation after wildfires that would
not restart the liability period proposed at Utah Admin. R. 645-301-
357.340. OSM notified Utah of the concerns by letter dated May 23, 1995
(administrative record No. UT-1054.
Utah responded in a letter dated June 5, 1995, by submitting a
revised amendment (administrative record No. UT-1059). Utah proposes to
revise: Utah Admin. R. 645-301-357.340, to include as an activity that
would not restart the liability period, repair of revegetation after
phase II bond release necessitated by illegal activities, such as
vandalism, which are not caused by any lack of planning, design, or
implementation of the mining and reclamation plan; Utah Admin. R. 645-
301-357.350, to clarify that irrigation of transplanted trees and
shrubs would not restart the liability period; and Appendix C of Utah's
``Vegetation Information Guidelines,'' to include references to manuals
that support the reestablishment of vegetation after wildfires.
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 Western Regional
Coordinating Center will not necessarily be considered in the final
rulemaking or included in 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 no 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.
[[Page 35160]]
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: June 28, 1995.
James F. Fulton,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 95-16544 Filed 7-5-95; 8:45 am]
BILLING CODE 4310-05-M
