[Federal Register Volume 59, Number 38 (Friday, February 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4280]


[[Page Unknown]]

[Federal Register: February 25, 1994]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 944

 

Utah Permanent 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 
permanent regulatory program (hereinafter, the ``Utah program'') under 
the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The 
proposed amendment consists of revisions to Utah's rules pertaining to 
coal exploration. Utah proposed the amendment with the intent of 
streamlining the Utah program and making the exploration process more 
responsive to field needs for coal seam information.
    This document sets forth the times and locations that the Utah 
program and proposed amendment to that program are available for public 
inspection, the dates and times of the comment period during which 
interested persons may submit written comments on the proposed 
amendment, and the procedures that will be followed regarding the 
public hearing, if one is requested.

DATES: Written comments must be received by 4 p.m., m.s.t. on March 28, 
1994. If requested, a public hearing on the proposed amendment will be 
held on March 22, 1994. Requests to present oral testimony at the 
hearing must be received by 4 p.m., m.s.t. on March 14. 1994. Any 
disabled individual who has a need for a special accommodation to 
attend a public hearing should contact the individual listed under FOR 
FURTHER INFORMATION CONTACT.

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 January 27, 1994, Utah submitted a proposed 
amendment to its program pursuant to SMCRA (administrative record No. 
UT-888). Utah submitted the proposed amendment at its own initiative to 
``streamline the Utah program and make the exploration process more 
responsive to field needs for coal seam information.'' The sections of 
the Utah Coal Mining Rules that Utah proposes to amend are: Utah 
Administrative Rule (Utah Admin. R.) 645-200-100, scope of rules for 
coal exploration; Utah Admin. R. 645-200-200, responsibilities of the 
Division concerning (1) notice of intention to conduct minor coal 
exploration and (2) major coal exploration permits; Utah Admin. R. 645-
201-100, requirements for coal exploration approval; Utah Admin. R. 
645-201-200, notices of intention to conduct minor coal exploration; 
and Utah Admin. R. 645-202-100, required documents for notice of 
intention to conduct minor coal exploration and major coal exploration 
permits.
    Specifically, Utah proposes to revise its rules describing the 
scope of its coal exploration rules at (1) Utah Admin. R. 645-200-121 
to provide a coal exploration category for exploration that is subject 
to 43 CFR parts 3480 through 3487 and to require that this category of 
exploration be conducted according to the procedures set forth in 43 
CFR parts 3480 through 3487; (2) Utah Admin. R. 645-200-122 to require, 
for coal exploration operations that will remove 250 tons or less of 
coal, the Division of Oil, Gas and Mining (Division) to review the 
operator's notice of intention to conduct minor coal exploration under 
the requirements of Utah Admin. R. 645-201-200; and (3) Utah Admin. R. 
645-200-123 to require, for coal exploration operations that will 
remove more than 250 tons of coal, the Division's approval and issuance 
of a major coal exploration permit under the requirements of Utah 
Admin. R. 645-201-300.
    Utah proposes to revise its rules pertaining to the Division's 
responsibilities for coal exploration at (1) Utah Admin. R. 645-200-220 
to provide that the Division will receive and review notices of 
intention to conduct minor coal exploration and enforce the terms of 
each notice; receive, review, and approve or disapprove applications 
for major coal exploration permits as well as issue, condition, 
suspend, revoke and enforce these permits under the Utah program; and 
review and respond to notices of intention to conduct minor coal 
exploration and initial applications for major coal exploration permits 
within 15 days of receipt; and (2) Utah Admin. R. 645-200-230 to 
provide that the Division will coordinate review of notices of 
intention for minor coal exploration and review, approval, or 
disapproval of major coal exploration permit applications with other 
government agencies, as appropriate.
    Utah proposes to revise its rules for coal exploration plan review 
at (1) Utah Admin. R. 645-201-110 to provide that the Division will be 
responsible for coal exploration plan review on lands not subject to 43 
CFR parts 3480 through 3487; (2) Utah Admin. R. 645-201-120 to provide 
that the review of coal exploration plans on lands subject to 43 CFR 
parts 3480 through 3487 will be guided by the direction provided in 43 
CFR parts 3480 through 3487; and (3) Utah Admin. R. 645-201-130 to 
provide that the Division will coordinate as appropriate its activities 
in reviewing coal exploration projects with other agencies in order to 
reduce duplication of agency and operator effort and maximize 
protection of the State from the environmental effects of coal 
exploration activities.
    Utah proposes to revise its rules for notices of intention to 
conduct minor coal exploration at Utah Admin. R. 645-201-210 to provide 
that notices of intention to conduct minor coal exploration when 250 
tons or less of coal will be removed will require Division review prior 
to conducting exploration.
    Utah proposes to revise its rules for coal exploration compliance 
duties and required documents at Utah Admin. R. 645-202-100 to provide 
that each person who conducts coal exploration that substantially 
disturbs the natural land surface will, while in the exploration area, 
have available a copy of the approved minor coal exploration notice of 
intention or approved major coal exploration permit for review by an 
authorized representative of the Division upon request.
    Utah proposes editorial revisions to its rules for minor coal 
exploration at Utah Admin. R. 645-200-122, 645-200-220, 645-201-210 and 
-220, and 645-202-100 to replace ``application'' and ``permit'' as they 
pertain to minor coal exploration with the phrase ``notice of intention 
to conduct,'' and to provide that the Division ``reviews'' rather than 
``approves and issues'' these notices. Utah proposes to eliminate the 
distinction between coal exploration ``outside an approved permit 
area'' and ``within an approved permit area'' at Utah Admin. R. 645-
200-100, 645-201-100, and 645-202-100. Utah proposes to delete parts of 
Utah Admin. R. 645-201-100 through 140, revise the language as it 
pertains to responsibilities for coal exploration, and recodify the 
remaining provisions of this section as Utah Admin. R. 645-201-100 
through 130.

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 specified, 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 14, 1994. 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 specific 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 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 (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

    Intergovrnmental relations, Surface mining, Underground mining.

    Dated: February 17, 1994.
Raymond L. Lowrie,
Assistant Director, Western Support Center.
[FR Doc. 94-4280 Filed 2-24-94; 8:45 am]
BILLING CODE 4310-05-M