[Federal Register Volume 59, Number 15 (Monday, January 24, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-1558] [[Page Unknown]] [Federal Register: January 24, 1994] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR 30 CFR Part 944 Utah Permanent Regulatory Program AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), Interior. ACTION: Proposed rule; reopening and extension of public comment period on proposed amendment. ----------------------------------------------------------------------- SUMMARY: OSM is announcing receipt of additional revisions pertaining to a previously proposed amendment to the Utah permanent regulatory program (hereinafter, the ``Utah program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The additional revisions for Utah's proposed rules pertain to the scope of rulemaking and promulgation of rules, hearing requirements for designating areas unsuitable for coal mining, confidentiality of coal exploration information, and mining in special areas, specifically prime farmland. The amendment is intended to incorporate the additional flexibility afforded by the revised Federal regulations, clarify ambiguities, and improve operational efficiency. This document sets forth the times and locations that the Utah program and proposed amendment to that program are available for public inspection and the dates and times of the reopened comment period during which interested persons may submit written comments on the proposed amendment. DATES: Written comments must be received by 4 p.m., m.s.t., February 8, 1994. 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 August 2, 1993, Utah submitted a proposed amendment to its program pursuant to SMCRA (administrative record No. UT-851). Utah submitted the proposed amendment at its own initiative. Utah proposed revisions to the Utah Rules of Practice and Procedure of the Board of Oil, Gas and Mining (Board) at Utah Administrative Rules (Utah Admin. R.) 641-112-100, scope of rulemaking, and 641-112-200, promulgation of rules. Utah also proposed revisions to the Utah Coal Mining Rules at Utah Admin. R. 645-100-500, petitions to initiate rulemaking; 645-103-441, hearing requirements for designating areas unsuitable for coal mining and reclamation operations; 645-203-200, confidentiality of coal exploration information; 645-301-524.661, permit application blasting level chart; 645-301-731.760, permit application cross sections and maps showing hydrologic information; and 645-302-314.110 and 645-302-323.310, special areas of mining, specifically prime farmland and alluvial valley floors. OSM published a document in the August 27, 1993 Federal Register (58 FR 45305) announcing receipt of the amendment and inviting public comment on its adequacy (administrative record No. UT-865). The public comment period ended September 27, 1993. During its review of the amendment, OSM identified concerns for (1) Utah Admin. R. 641-112, regarding the incorrect reference to its rulemaking authority at Utah Code Annotated (UCA) 40-9-3.5(2), which was repealed by Utah in 1993; (2) Utah Admin. R. 645-103-441, regarding the need for agreement between the petitioners and intervenors to change the location of a public hearing on a petition to designate lands unsuitable for mining; (3) Utah Admin. R. 645-203-200, regarding the proposed deletion of the phrase ``and the information is confidential'' which would impart a change in the criteria for determining coal exploration information that is or is not allowed to be held confidential under the Utah program, and the proposed reference to Utah's Government Records Access and Management Act (GRAMA) in that certain aspects of GRAMA were previously found to be less effective than the Federal regulations with regard to the restrictions it imposes on the availability of coal exploration information; and (4) Utah Admin. R. 645-302-314.110, regarding the need to use the prime farmland soil survey standards in U.S. Department of Agriculture (USDA) Handbook 436, as it existed on October 5, 1982, and USDA Handbook 18, as it existed on November 16, 1982. OSM notified Utah of the concerns by letter dated December 9, 1993 (administrative record No. UT-878). Utah responded in a letter dated January 7, 1994, by submitting a revised amendment (administrative record No. UT-881). Utah proposes the following additional revisions to its existing rules. At Utah Admin. R. 641-112, Utah proposes to reference UCA 40-8- 6(1), which applies to rulemaking authority under the Utah Mined Land Reclamation Act. At Utah Admin. R. 645-103-441, Utah proposes (1) that unless the petitioners and intervenors agree otherwise, the Board shall hold a public hearing within 10 months after receipt of a complete petition to designate lands unsuitable for mining; (2) if all petitioners and intervenors agree that a public hearing is not needed, the hearing need not be held; and (3) all hearings held under Utah Admin. R. 645-103-441 will be held in the locality of the area covered by the petition. At Utah Admin. R. 645-203-200, Utah proposes to require that the Utah Division of Oil, Gas and Mining will not make coal information available for public inspection if the person submitting it requests in writing , at the time of submission, that it not be disclosed and the information is confidential under the standards of the Federal Act (SMCRA). At Utah Admin. R. 645-302- 314.110, Utah proposes to require that USDA soils Handbooks 436 and 18 are incorporated by reference as they respectively existed on October 5, 1982, and November 16, 1982. 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. 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 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 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 Intergovernmental relations, Surface mining, Underground mining. Dated: January 14, 1994. Raymond L. Lowrie, Assistant Director, Western Support Center. [FR Doc. 94-1558 Filed 1-21-94 10:00 am] BILLING CODE 4310-05-M