[Federal Register Volume 60, Number 38 (Monday, February 27, 1995)]
[Proposed Rules]
[Pages 10531-10533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4682]



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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 (30 U.S.C. 1201 et 
seq., SMCRA). The proposed amendment consists of revisions to rules 
pertaining to civil penalties. The amendment is intended to revise 
Utah's rules to be consistent with recently promulgated revisions to 
the Utah Coal Reclamation Act of 1979 (Utah Administrative Code (UCA) 
40-10 et seq.).

DATES: Written comments must be received by 4:00 p.m., m.s.t., March 
29, 1995. If requested, a public hearing on the proposed amendment will 
be held on March 24, 1995. Requests to present oral testimony at the 
hearing must be received by 4:00 p.m., m.s.t. on March 14, 1995.

ADDRESSES: Written comments should be mailed or hand delivered to 
Thomas E. Ehmett 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 
pubic 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, [[Page 10532]] 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 February 10, 1995, Utah submitted a proposed 
amendment to its program pursuant to SMCRA (administrative record No. 
UT-1019). Utah submitted the proposed amendment at its own initiative. 
The provisions of Utah Coal Maining Rules that Utah proposes to revise 
are: Utah Administrative Rules (Utah Adm. R.) 645-401-100, 400, 700, 
800, and 900, concerning civil penalties, and Utah Admin. R. 645-402-
100 and 400, concerning individual civil penalties.
    Specifically, Utah proposes to revise Utah Admin. R. 645-401-120, 
645-401-410, 645-401-721, 645-401-723.100, 645-401-742, 645-401-910, 
645-402-120, 645-402-420, and 645-402-422 by replacing the term 
``Board'' with the term ``Division,'' so that the responsibilities for 
procedures involving the assessment of civil penalties, informal 
assessment conferences, and lien waivers are shifted from the Utah 
Board of Oil, Gas, and Mining to the Utah Division of Oil, Gas, and 
Mining; Utah Admin. R. 645-401-430 by adding the acronym ``UCA'' prior 
to references to UCA 40-10 et seq.; Utah Admin. R. 645-401-810 by 
adding the phrase ``of receipt'' in order to clarify that a permittee 
may contest a proposed civil penalty or fact of violation within 30 
days of receipt of the proposed assessment or reassessment; Utah Admin. 
R. 645-401-830 by stating that the formal review of the violation fact 
or penalty will be conducted by the Board under the provisions of the 
procedural rules of the Board; and Utah Admin. R. 645-401-910 by 
clarifying that, if the permittee fails to request a formal hearing, 
the penalty assessed will become due and payable after, among other 
things, the Division fulfills its responsibilities under UCA 40-10-
20(3)(e);

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.s.t. on March 14, 1995. 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. 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 SMRCA 
(30 U.S.C. 1253 and 1255) 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 State 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 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 
[[Page 10533]] 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: February 21, 1995.
Peter A. Rutledge,
Acting Assistant Director, Western Support Center.
[FR Doc. 95-4682 Filed 2-24-95; 8:45 am]
BILLING CODE 4310-05-M