[Federal Register Volume 66, Number 34 (Tuesday, February 20, 2001)]
[Proposed Rules]
[Pages 10866-10868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4113]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 944

[SPATS No. UT-037-FOR]


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: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is announcing receipt of revisions and additional explanations 
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). Utah proposes to revise 
its amendment to change proposed rules concerning pre-subsidence 
surveys and the contents of subsidence control plans. The State also 
provided additional explanation of the term ``State-appropriated 
water,'' the proposed definitions of ``State-appropriated water 
supply'' and ``replacement of water supply,'' and of the proposed scope 
of water replacement. Utah intends to revise its program to be 
consistent with the corresponding Federal regulations and SMCRA.

DATES: We will accept written comments on this amendment until 4 p.m., 
mountain standard time, March 7, 2001.

ADDRESSES: You should mail, hand deliver or e-mail your written 
comments to James F. Fulton, Denver Field Division Chief, at the 
address listed below.
    You may review copies of the Utah program, this amendment, and all 
written comments received in response to this document at the addresses 
listed below during normal business hours, Monday through Friday, 
excluding holidays. You may receive one free copy of the amendment by 
contacting OSM's Denver Field Division.

James F. Fulton, Denver Field Division Chief, Office of Surface Mining, 
Western Regional Coordinating Center, 1999 Broadway, Suite 3320, 
Denver, Colorado 80202-5733, telephone (303) 844-1400, extension 1424.
Lowell P. Braxton, Director, Division of Oil, Gas and Mining, 1594 West 
North Temple, Suite 1210, P.O. Box 145801, Salt Lake City, Utah 84114-
5801, telephone (801) 538-5370.

FOR FURTHER INFORMATION CONTACT: James F. Fulton, Denver Field Division 
Chief, telephone (303) 844-1400, extension 1424; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:   

I. Background on the Utah Program
II. Description of the 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. You can find background information on the 
Utah program, including the Secretary's findings, the disposition of 
comments, and the conditions of approval of the Utah program in the 
January 21, 1981, Federal Register (46 FR 5899). You can also find 
later actions concerning Utah's program and program amendments at 30 
CFR 944.15 and 944.30.

II. Description of the Proposed Amendment

    By letter dated March 20, 1998 (administrative record No. 1103), 
Utah sent to us a proposed amendment (UT-037-FOR) to its program under 
SMCRA (30 U.S.C. 1201 et seq.). It sent the proposed amendment in 
response to a June 5, 1996, letter (administrative record No. UT-1083) 
that we sent to the State under 30 CFR 732.17(c) and at its own 
initiative.
    Changes to the Utah Administrative Rules (Utah Admin. R.) that the 
State originally proposed included: Adding definitions for ``material 
damage,'' ``non-commercial building,'' ``occupied residential dwelling 
and structures related thereto,'' ``replacement of water supply,'' and 
``State-appropriated water supply'' at Utah Admin. R. 645-100-200; 
adding requirements at Utah Admin. R. 645-301-525.100 through -525.130 
for pre-subsidence surveys; removing existing requirements for 
subsidence control plans at Utah Admin. R. 645-301-525 through -
525.170; recodifying rules at Utah Admin. R. 645-301-525.200 through -
525.240 pertaining to protected areas; removing existing requirements 
for subsidence control at Utah Admin. R. 645-301-525.200 through -
525.232; adding requirements at Utah Admin. R. 645-301-525.300 through 
-525.490 for subsidence control and subsidence control plans; adding 
requirements for subsidence damage repair at Utah Admin. R. 645-301-
525.500 through -525.530; adding a rebuttable presumption of causation 
by subsidence at Utah Admin. R. 645-301-525.540 through -525.545; 
adding provisions at Utah Admin. R. 645-301-525.550 for adjusting bond 
amounts for subsidence damage; recodifying rules at Utah Admin. R. 645-
301-525.600 and 645-301-525.700 that require compliance with approved 
subsidence control plans and public notice of proposed mining, 
respectively; removing existing provisions for surveys of renewable 
resource lands at Utah Admin. R. 645-301-724.600; adding a provision at 
Utah Admin. R. 645-301-728.350 for finding whether underground coal 
mining and reclamation activities might contaminate, diminish or 
interrupt State-appropriated water; and adding a requirement at Utah 
Admin. R. 645-301-731.530 for replacing State-appropriated water 
supplies that are contaminated, diminished, or interrupted by 
underground coal mining activities.
    We announced receipt of the proposed amendment in the April 8, 
1998, Federal Register (63 FR 17138; administrative record No. UT-
1108), provided an opportunity for a public hearing or meeting, and 
invited public comment on its adequacy. We did not hold a public 
hearing or meeting because nobody requested either one. The public 
comment period ended on May 8, 1998.
    During our review of the amendment, we identified concerns relating 
to the provisions for pre-subsidence surveys at Utah Admin. R. 645-301-
525.130 and for the content of subsistence control plans at Utah Admin. 
R. 645-301-525.490. We also asked Utah to provide additional 
clarification on: The scope of the terms ``State-appropriated water'' 
and the proposed definition of ``State-appropriated water supply'' as 
used in the amendment; the scope of water replacement with respect to 
``developed'' water supplies; and clarification of Utah's proposed 
definition of the term ``replacement of water supply.'' We notified 
Utah of our concerns and the need for additional clarification by 
letter dated October 1, 1998 (administrative record No. UT-1125). Utah 
responded in a letter dated

[[Page 10867]]

October 31, 2000 (administrative record No. 1145).
    Utah now proposes two specific changes in its amendment. First, it 
proposes to change Utah Admin. R. 645-301-525.130 to cross-reference 
Utah Admin. R. R645-301-525.543. That referenced rule specifically 
states that there will be no presumption that subsidence caused damage 
to structures if the owners deny applicants access to perform pre-
subsidence surveys. Second, at Utah Admin. R. 645-301-525.490, the 
State proposes to add references to Utah Admin. R. 645-301-525.200, -
525.500, and -525.600. Those rules cover the range of information Utah 
requires to be included in subsidence control plans to demonstrate that 
an operation will be conducted in accordance with all applicable 
provisions for subsidence control.
    Utah's response also provided additional explanation of the scope 
of the term ``State-appropriated water'' and the definition of ``State-
appropriated water supply,'' the scope of water replacement under its 
proposed rules with respect to ``developed'' water supplies, and its 
proposed definition of the term ``replacement of water supply.''

III. Public Comment Procedures

Written Comments

    Send your written comments to OSM at the address given above. Your 
written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of 
your recommendations. In the final rulemaking, we will not necessarily 
consider or include in the administrative record any comments received 
after the time indicated under Dates or at locations other than the 
Denver Field Division.

Electronic Comments

    Please submit Internet comments as an ASCII file and do not use 
special characters or any form of encryption. Please also include 
``Attn: SPATS No. UT-037-FOR'' and your name and return address in your 
Internet message. If you do not receive a confirmation that we have 
received your Internet message, contact the Denver Field Division at 
telephone number (303) 844-1400, extension 1424.

Availability of Comments

    We will make comments, including names and addresses of 
respondents, available for public review during normal business hours. 
We will not consider anonymous comments. If individual respondents 
request confidentiality, we will honor their request to the extent 
allowable by law. Individual respondents who wish to withhold their 
name or address from public review, except for the city or town, must 
state this prominently at the beginning of their comments. We will make 
all submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public review in their entirety.

IV. Procedural Determinations

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the counterpart Federal 
regulations.

Executive Order 12866--Regulatory Planning and Review

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior conducted the reviews required by 
section 3 of Executive Order 12988 and determined that, to the extent 
allowable by law, 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.

Executive Order 13132--Federalism

    This rule does not have Federalism implications. SMCRA delineates 
the roles of the Federal and State governments with regard to the 
regulation of surface coal mining and reclamation operations. One of 
the purposes of SMCRA is to ``establish a nationwide program to protect 
society and the environment from the adverse effects of surface coal 
mining operations.'' Section 503(a)(1) of SMCRA requires that State 
laws regulating surface coal mining and reclamation operations be ``in 
accordance with'' the requirements of SMCRA. Section 503(a)(7) requires 
that State programs contain rules and regulations ``consistent with'' 
regulations issued by the Secretary pursuant to SMCRA

National Environmental Policy Act

    Section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that a 
decision on a proposed State regulatory program provision does not 
constitute a major Federal action within the meaning of section 
102(2)(C) of the National Environmental Policy Act (42 U.S.C. 
4332(2)(C)). A determination has been made that such decisions are 
categorically excluded from the NEPA process (516 DM 8.4.A).

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.).

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 on 
counterpart Federal regulations for which an economic analysis was 
prepared and certification made that such regulations would not have a 
significant economic effect on 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 where this rule would have a significant 
economic impact, the Department relied upon the data and assumptions 
for the counterpart Federal regulations.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not 
have an annual effect on the economy of $100 million; (b) will not 
cause a major increase in costs or prices for consumers, individual 
industries, geographic regions, or Federal, State or local governmental 
agencies; and (c) does not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S. based enterprises to compete with foreign-based 
enterprises. This determination is based on the fact that

[[Page 10868]]

the State submittal which is the subject of this rule is based on 
counterpart Federal regulations for which an analysis was prepared and 
a determination made that the Federal regulation was not considered a 
major rule.

Unfunded Mandates

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 944

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: January 12, 2001.
Brent Wahlquist,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 01-4113 Filed 2-16-01; 8:45 am]
BILLING CODE 4310-05-M