[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]


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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.

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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]
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