[Federal Register Volume 73, Number 122 (Tuesday, June 24, 2008)]
[Proposed Rules]
[Pages 35607-35609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14267]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 944

[SATS No. UT-045-FOR; Docket ID: OSM-2008-0011]


Utah Regulatory Program

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

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

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SUMMARY: We are 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'' or ``the 
Act''). Utah proposes additions and revisions to its rules regarding 
Division of Oil Gas and Mining (``DOGM'' or ``Division'') requests for 
additional information required to complete the review of a coal mining 
permit application, change, or renewal; the casing and sealing of 
underground openings; the definition of ``intermittent stream'' and 
related performance standards. Utah intends to revise its program to 
clarify Division responsibilities and improve operational efficiency.

DATES: We will accept written comments on this amendment until 4 p.m., 
m.d.t. July 24, 2008. If requested, we will hold a public hearing on 
the amendment on July 21, 2008. We will accept requests to speak until 
4 p.m., m.d.t. on July 9, 2008.

ADDRESSES: You may submit comments by any of the following methods:
     Federal eRulemaking Portal: www.regulations.gov. The 
proposed rule has been assigned Docket ID: OSM-2008-0011. If you would 
like to submit comments through the Federal eRulemaking Portal, go to 
www.regulations.gov and do the following. Click on the ``Advanced 
Docket Search'' button on the right side of the screen. Type in the 
Docket ID ``OSM-2008-0011'' and click the ``Submit'' button at the 
bottom of the page. The next screen will display the Docket Search 
Results for the rulemaking. If you click on OSM-2008-0011, you can view 
the proposed rule and submit a comment. You can also view supporting 
material and any comments submitted by others.
     Mail: James F. Fulton, Chief, Denver Field Division Office 
of Surface Mining Reclamation and Enforcement, P.O. Box 46667, Denver, 
CO 80201-6667.
     Hand Delivery/Courier: James F. Fulton, Chief, Denver 
Field Division Office of Surface Mining Reclamation and Enforcement, 
1999 Broadway, Suite 3320, Denver, CO 80202-5733.
    Instructions: All submissions received must include the agency name 
(OSM) and either the Docket ID ``OSM-2008-0011'' or SATS No. ``UT-045-
FOR''. For detailed instructions on submitting comments and additional 
information on the rulemaking process, see the ``III. Public Comment 
Procedures'' heading under the SUPPLEMENTARY INFORMATION section of 
this document.
    Docket: In addition to viewing the docket and obtaining copies of 
documents at www.regulations.gov, you may review copies of the Utah 
program, this amendment, a listing of any public hearings, 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 also receive one free copy of the amendment 
by contacting OSM's Denver Field Division.

James F. Fulton, Chief, Denver Field Division, Office of Surface Mining 
Reclamation and Enforcement, 1999 Broadway, suite 3320, Denver, CO 
80202-5733, Telephone: (303) 293-5015, E-mail: [email protected].
John R. Baza, Director, Division of Oil, Gas and Mining, 1594 West 
North Temple, suite 1210, Salt Lake City, UT 84114-5801, Telephone: 
(801) 538-5340, Internet: http://www.ogm.utah.gov.

FOR FURTHER INFORMATION CONTACT: James F. Fulton, Telephone: (303) 293-
5015, Internet: [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

    Section 503(a) of the Act permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that 
its State program includes, among other things, ``a State law which 
provides for the regulation of

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surface coal mining and reclamation operations in accordance with the 
requirements of this Act * * *; and rules and regulations consistent 
with regulations issued by the Secretary pursuant to this Act.'' See 30 
U.S.C. 1253(a)(1) and (7). On the basis of these criteria, the 
Secretary of the Interior conditionally approved the Utah program on 
January 21, 1981. 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 May 28, 2008, Utah sent us a proposed amendment to 
its program under SMCRA (30 U.S.C. 1201 et seq.). Utah sent the 
amendment at its own initiative. The full text of the program amendment 
is available for you to read at the locations listed above under 
ADDRESSES.
    The provisions of the Utah Administrative Rules proposed for 
revision and addition are: (1) Requests for Additional Information, 
R645-300-131.300 (addition of new section); (2) Sealing of Underground 
Openings, R645-301-551, R645-301-631, and R645-301-765; and (3) 
Intermittent Streams, R645-100-200, R645-301-535.210, R645-301-535.223, 
R645-301-731.610, R645-301-742.320 through R645-301-742.324 R645-301-
742.330 through R645-301-742.333, and R645-301-742.412.
    Specifically, Utah proposes to add a provision requiring the 
Division to issue a written decision and justification if additional 
information is required to complete the review of a coal mining permit 
application, change, or renewal. Utah also proposes to expand its rules 
pertaining to the sealing of underground openings to include additional 
specifications for sealing drill holes and to reference other 
regulations which contain more specific guidance. Additionally, Utah 
proposes to adopt a more hydrologically accurate definition of 
``intermittent stream''. In order to remain no less effective than 
Federal regulations, numerous performance standards are proposed for 
revision due to this proposed definition change.

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking your 
comments on whether the amendment satisfies the applicable program 
approval criteria of 30 CFR 732.15. If we approve the amendment, it 
will become part of the Utah program.

Written Comments

    If you submit written comments, they should be specific, confined 
to issues pertinent to the proposed regulations, and explain the reason 
for any recommended change(s). We appreciate any and all comments, but 
those most useful and likely to influence decisions on the final 
regulations will be those that either involve personal experience or 
include citations to and analyses of SMCRA, its legislative history, 
its implementing regulations, case law, other pertinent Tribal or 
Federal laws or regulations, technical literature, or other relevant 
publications.
    We cannot ensure that comments received after the close of the 
comment period (see DATES) or sent to an address other than those 
listed above (see ADDRESSES) will be included in the docket for this 
rulemaking and considered.

Public Availability of Comments

    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available in the electronic docket 
for this rulemaking at www.regulations.gov. While you can ask us in 
your comment to withhold your personal identifying information from 
public review, we cannot guarantee that we will be able to do so.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., m.d.t. on July 
9, 2008. If you are disabled and need reasonable accommodation to 
attend a public hearing, contact the person listed under FOR FURTHER 
INFORMATION CONTACT. We will arrange the location and time of the 
hearing with those persons requesting the hearing. If no one requests 
an opportunity to speak, we will not hold the hearing. If there is only 
limited interest in participating at a public hearing, a public meeting 
or teleconference rather than a hearing may be held. If we hold a 
public meeting or teleconference, a notice of the event will be posted 
to the docket for this rulemaking at www.regulations.gov, and a summary 
of the event will be included in the docket for this rulemaking.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at a public hearing 
provide us with a written copy of his or her comments. The public 
hearing will continue on the specified date until everyone scheduled to 
speak has been given an opportunity to be heard. If you are in the 
audience and have not been scheduled to speak and wish to do so, you 
will be allowed to speak after those who have been scheduled. We will 
end the hearing after everyone scheduled to speak and others present in 
the audience who wish to speak, have been heard.

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 regulation.

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 has conducted the reviews required 
by section 3 of Executive Order 12988 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 because 
each 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

[[Page 35609]]

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.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have evaluated the 
potential effects of this rule on Federally recognized Indian Tribes 
and have determined that the rule does not have substantial direct 
effects on one or more Indian Tribes, on the relationship between the 
Federal government and Indian Tribes, or on the distribution of power 
and responsibilities between the Federal government and Indian Tribes. 
The rule does not involve or affect Indian Tribes in any way.

Executive Order 13211--Regulations That Significantly Affect the 
Supply, Distribution, or Use of Energy

    On May 18, 2001, the President issued Executive Order 13211 which 
requires agencies to prepare a Statement of Energy Effects for a rule 
that is (1) considered significant under Executive Order 12866, and (2) 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Because this rule is exempt from review 
under Executive Order 12866 and is not expected to have a significant 
adverse effect on the supply, distribution, or use of energy, a 
Statement of Energy Effects is not required.

National Environmental Policy Act

    This rule does not require an environmental impact statement 
because 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 (42 U.S.C. 4321 et 
seq.).

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. 
3501 et seq.).

Regulatory Flexibility Act

    The Department of the Interior certifies 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, which 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. 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.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), of 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, Federal, State, or local government 
agencies, or geographic regions.
    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 upon the fact that the State submittal 
which is the subject of this rule is based upon 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 an unfunded Mandate on State, local, or 
tribal governments or the private sector of $100 million or more in any 
given year. This determination is based upon the fact that the State 
submittal, which is the subject of this rule, is based upon counterpart 
Federal regulations for which an analysis was prepared and a 
determination made that the federal regulation did not impose an 
unfunded mandate.

List of Subjects in 30 CFR Part 944

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: June 5, 2008.
Allen D. Klein,
Regional Director, Western Region.
[FR Doc. E8-14267 Filed 6-23-08; 8:45 am]
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