[Federal Register Volume 60, Number 129 (Thursday, July 6, 1995)]
[Proposed Rules]
[Pages 35158-35160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16544]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 944


Utah Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Proposed rule; reopening and extension of public comment period 
on proposed amendment.

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SUMMARY: OSM is announcing receipt of revisions pertaining to a 
previously proposed amendment to the Utah regulatory program 
(hereinafter, the ``Utah program'') under the Surface Mining Control 
and Reclamation Act of 1977 (SMCRA). The revisions for Utah's proposed 
rules pertain to normal husbandry practices and Utah's ``Vegetation 
Information Guidelines.'' 

[[Page 35159]]
The amendment is intended to improve operational efficiency.

DATES: Written comments must be received by 4 p.m., m.d.t., July 21, 
1995.

ADDRESSES: Written comments should be mailed or hand delivered to 
Richard J. Seibel 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 
Western Regional Coordinating Center.

Richard J. Seibel, Regional Director, Western Regional Coordinating 
Center, Office of Surface Mining Reclamation and Enforcement, 1999 
Broadway, Suite 3320, Denver, Colorado 80202-5733
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: Richard J. Seibel, Telephone: (303) 
672-5501.

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 February 6, 1995, Utah submitted a proposed 
amendment to its program (administrative record No. UT-1025) pursuant 
to SMCRA (30 U.S.C. 1201 et seq.). Utah submitted the proposed 
amendment at its own initiative.
    OSM announced receipt of the proposed amendment in the March 15, 
1995, Federal Register (60 FR 13935), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (administrative record No. UT-1034). 
Because no one requested a public hearing or meeting, none was held.
    The public comment period ended on April 14, 1995.
    During its review of the amendment, OSM identified concerns 
relating to the provisions of the Utah Coal Mining Rules at Utah 
Administrative Rule (Utah Admin. R.) 645-301-357.340, concerning those 
activities that cause the need for repair of revegetation after phase 
II bond release that would not restart the liability period; Utah 
Admin. R. 645-301-357.350, concerning clarification that the rule 
applies to irrigation of transplanted trees and shrubs that would not 
restart the liability period; and Appendix C of Utah's ``Vegetation 
Information Guidelines,'' concerning references to manuals it submitted 
to support the reestablishment of vegetation after wildfires that would 
not restart the liability period proposed at Utah Admin. R. 645-301-
357.340. OSM notified Utah of the concerns by letter dated May 23, 1995 
(administrative record No. UT-1054.
    Utah responded in a letter dated June 5, 1995, by submitting a 
revised amendment (administrative record No. UT-1059). Utah proposes to 
revise: Utah Admin. R. 645-301-357.340, to include as an activity that 
would not restart the liability period, repair of revegetation after 
phase II bond release necessitated by illegal activities, such as 
vandalism, which are not caused by any lack of planning, design, or 
implementation of the mining and reclamation plan; Utah Admin. R. 645-
301-357.350, to clarify that irrigation of transplanted trees and 
shrubs would not restart the liability period; and Appendix C of Utah's 
``Vegetation Information Guidelines,'' to include references to manuals 
that support the reestablishment of vegetation after wildfires.
    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 Western Regional 
Coordinating Center will not necessarily be considered in the final 
rulemaking or included in 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 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 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 no 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. 

[[Page 35160]]
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: June 28, 1995.
James F. Fulton,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 95-16544 Filed 7-5-95; 8:45 am]
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