[Federal Register Volume 59, Number 59 (Monday, March 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7198]

[Federal Register: March 28, 1994]


30 CFR Part 944

Utah Permanent Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 

ACTION: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendment.


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 the Utah rules pertaining 
to significant permit revisions. The amendment is intended to improve 
operational efficiency and simplify the processing and approval of coal 
permit changes ordered by the Utah Division of Oil, Gas and Mining 
    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 April 27, 
1994. If requested, a public hearing on the proposed amendment will be 
held on April 22, 1994. Requests to present oral testimony at the 
hearing must be received by 4 p.m., m.s.t. on April 12, 1994. Any 
disabled individual who has a need for a special accommodation to 
attend a public hearing should contact the individual listed under 

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, Alburquerque Field Office, Office of Surface 
Mining Reclamation and Enforcement, 505 Marquette Avenue, NW., suite 
1200, Albuquerque, New Mexico 87102, Telephone: (505) 766-1486
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.

Rober H. Hagen, Telephone: (505) 766-1486.


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 March 7, 1994, Utah submitted a proposed amendment 
to its program pursuant to SMCRA (administrative record No. UT-899). 
Utah submitted the proposed amendment at its own initiative to 
``streamline the Utah program and to simplify the process for revising 
permits.'' The provisions of the Utah Coal Mining Rules that Utah 
proposes to amend are: Utah Administrative Rules (Utah Admin. R.) 645-
303-224.400, .500, and .600, regarding the requirements for significant 
permit revisions.
    Specifically, Utah proposes to delete Utah Admin. R. 645-303-
224.400, which requires that permit changes ordered by the Division in 
accordance with Utah Admin. R. 645-303-212 and 213 (the provisions 
authorizing the Division to order permit changes) must always be 
processed as significant permit revisions. In addition, Utah proposes 
to recodify the existing provisions at Utah Admin. R. 645-303-224.500 
and .600, regarding additional criterion for categorizing and 
processing proposed permit changes as significant permit revisions, as 
Utah Admin. R. 645-303-224.400 and .500 respectively.

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 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 p.m., m.s.t. 
on April 12, 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 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 meeting 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. 

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 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.
Raymond L. Lowrie,
Assistant Director, Western Support Center.
[FR Doc. 94-7198 Filed 3-25-94; 8:45 am]