[Federal Register Volume 61, Number 55 (Wednesday, March 20, 1996)]
[Proposed Rules]
[Pages 11350-11352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6678]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 944

[SPATS No. UT-033]


Utah Regulatory Program

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

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

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (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 rules pertaining to petitions to initiate 
rulemaking, backfilling and grading, and highwall retention. The 
amendment is intended to revise the Utah program to be consistent with 
the corresponding Federal regulations.

DATES: Written comments must be received by 4:00 p.m., m.s.t., on April 
19, 1996. If requested, a public hearing on the proposed amendment will 
be held on April 15, 1996. Requests to present oral testimony at the 
hearing must be received by 4:00 p.m., m.s.t., on April 4, 1996.

ADDRESSES: Written comments should be mailed or hand delivered to James 
F. Fulton 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 
Denver Field Division.

James F. Fulton, Chief, Denver Field Division, Western Regional 
Coordinating Center, Office of Surface Mining Reclamation and 
Enforcement, 1999 Broadway, Suite 3320, Denver, Colorado 80202
James W. Carter, Director, Division of Oil, Gas & Mining, 3 Triad 
Center, Suite 350, 355 West North Temple, Salt Lake City, Utah 84180-
1230

FOR FURTHER INFORMATION CONTACT:
James F. Fulton, Telephone: (303) 672-5524.
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 November 30, 1995, and March 11, 1996, Utah 
submitted to OSM rules that it had promulgated for its program 
(administrative record Nos. UT-1079 and UT-1081) pursuant to SMCRA (30 
U.S.C. 1201 et seq.). With three exceptions, these rules are

[[Page 11351]]

substantively identical to rules that Utah had previously submitted to 
OSM and for which the Director made a decision in the May 30, 1995, 
Federal Register (60 FR 28040, administrative record No. UT-1057). The 
three exceptions are rules that Utah is revising response to required 
amendments and in response to a disapproval that OSM set forth in the 
May 30, 1995, notice.
    In response to the required program amendments at 30 CFR 944.16(c) 
and (d) (May 30, 1995, 60 FR 28040, 28043-4, finding Nos. 4 and 5), 
Utah proposes to revise Utah Admin. R. 645-301-553.110 and Utah Admin. 
R. 534-301-553.120. Specifically, Utah proposes to revise Utah Admin. 
R. 645-301-553.110 to reference ``R645-301-553.500 through R645-301-
553.540'' (emphasis added) instead of ``R645-301-500 through R645-301-
540.'' It also proposes to revise Utah Admin. R. 645-301-553.120 to 
reference ``R645-301-553.500 through R645-301-553.540'' (emphasis 
added) instead of ``R645-301-553.500 through R645-301-540'' and to 
reference ``R645-301-553.650'' instead of ``R645-301-553.650 through 
R645-301-553.651.'' In both of the revised rules, Utah indicates that 
the referenced rules contain exceptions to the requirements for 
operators to backfill and grade disturbed areas to approximate original 
contour. The referenced rules pertain to previously mined areas, 
continuously mined areas, areas with remaining highwalls subject to the 
approximate original contour provisions, and highwall management under 
the approximate original contour provisions.
    In response to the Director not approving proposed Utah Admin. R. 
645-301-553.651 (May 30, 1995, 60 FR 28040, 28046-7, finding No. 15), 
Utah did not promulgate the rule. The rule concerned a proposed 
applicability date for the backfilling and grading of highwalls. 
Specifically, it would have provided that where an operator had 
completed final backfilling and grading and Utah had released the phase 
one bond prior to June 2, 1992, Utah would not require the operator to 
redisturb the reclaimed highwall to bring it into compliance with Utah 
Admin. R. 645-301-552.650.
    In addition to the aforementioned revisions, Utah by letter dated 
December 4, 1995, submitted to OSM a proposed revision to one of its 
other rules (administrative record No. UT-1080). Utah submitted the 
proposed revision in response to a November 22, 1995, OSM letter 
(administrative record No. UT-1078) notifying Utah of a needed revision 
to Utah's rule pertaining to petitions to initiate rulemaking. 
Specifically, Utah proposes to revise Utah Admin. R. 645-100-500 to 
require that persons other than the Division or Board of Oil, Gas and 
Mining may petition to initiate rulemaking pursuant to Utah Admin. R. 
Part 641 and the Utah Administrative Rulemaking Act at Utah Code 
Annotated ``63-46a-1, et seq.'' instead of ``63-46a-8.''
    Collectively, these revisions constitute a proposed amendment to 
Utah's program.

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 Denver Field Division 
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 April 4, 1996. 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 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 not contain information collection requirements that

[[Page 11352]]

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: March 13, 1996.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 96-6678 Filed 3-19-96; 8:45 am]
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