[Federal Register Volume 59, Number 203 (Friday, October 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26065]


[[Page Unknown]]

[Federal Register: October 21, 1994]


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DEPARTMENT OF THE INTERIOR
30 CFR Part 944

 

Utah 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 
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 required liability insurance for coal mining operations. The 
amendment is intended to allow coal mining operators to provide a 
certain amount of their liability insurance through self-insurance.

DATES: Written comments must be received by 4:00 p.m., m.d.t., November 
21, 1994. If requested, a public hearing on the proposed amendment will 
be held on November 15, 1994.
    Requests to present oral testimony at the hearing must be received 
by 4:00 p.m., m.d.t., November 7, 1994.

ADDRESSES: Written comments should be mailed or hand delivered to 
Thomas E. Ehmett at the address listed below.
    Any disabled individual who has need for a special accommodation to 
attend a public hearing should contact the individual listed under FOR 
FURTHER INFORMATION CONTACT.
    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.

Thomas E. Ehmett, Acting Director, Albuquerque Field Office, Office of 
Surface Mining Reclamation and Enforcement, 505 Marquette Avenue NW., 
Suite 1200, Albuquerque, New Mexico 87102.
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:
Thomas E. Ehmett, Telephone: (505) 766-1486.

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 October 4, 1994, Utah submitted a proposed 
amendment to its program pursuant to SMCRA (administrative record No. 
UT-979). Utah submitted the proposed amendment at its own initiative 
with the intention of allowing companies in the coal industry, if they 
so desire, to provide a certain amount of their liability insurance 
through self-insurance. The provision of the Utah Coal Mining Rules 
that Utah proposes to revise is Utah Administrative Rule (Utah Admin. 
R.) 645-301-890.400, Terms and Conditions for Liability Insurance.
    Specifically, Utah proposed to revise Utah Admin. R. 645-301-
890.400 by cross-referencing a Utah self-insurance statutory provision 
at Utah Code Annotated (U.C.A.) 63-30-28. This provision authorizes 
governmental entities to purchase liability or liability self-
insurance, and to establish trust accounts for self-insurance. Utah's 
proposed revision at Utah Admin. R. 645-301-890.400 reads as follows, 
with the italicized language representing wording that is being added 
to the existing rule, and the capitalized language in brackets 
representing wording that is being deleted.

    890.400  The Division [of Oil, Gas and Mining] may accept from 
the applicant, in lieu of a certificate for a public liability 
insurance policy, satisfactory evidence from the applicant that it 
satisfies applicable state self-insurance requirements Section 63-
30-28, U.C.A. [Approved as part of the state program] and the 
requirements of R645-301-890.100 through R645-301-890.300.

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 4:00 p.m., 
m.d.t., November 7, 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 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 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 930 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 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.

    Dated: October 14, 1994.
Charles E. Sandberg,
Acting Assistant Director, Western Support Center.
[FR Doc. 94-26065 Filed 10-20-94; 8:45 am]
BILLING CODE 4310-05-M