[Federal Register Volume 74, Number 128 (Tuesday, July 7, 2009)]
[Proposed Rules]
[Pages 32089-32091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15971]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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 

  Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / 
Proposed Rules  

[[Page 32089]]



DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 944

[SATS No. UT-046-FOR; Docket ID No. OSM-2009-0005]


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 the 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 to delete repeal dates for statutory provisions 
pertaining to permit eligibility and revegetation requirements on lands 
eligible for remining. Utah intends to revise its program to remain 
consistent with the Federal Program under SMCRA.
    This document gives the times and locations that the Utah program 
and the proposed amendment to that program are available for your 
inspection, the comment period during which you may submit written 
comments on the amendment, and the procedures that we will follow for 
the public hearing, if one is requested.

DATES: We will accept written comments on this amendment until 4 p.m. 
[m.d.t.], August 6, 2009. If requested, we will hold a public hearing 
on the amendment on August 3, 2009. We will accept requests to speak 
until 4 p.m. [m.d.t.] on July 22, 2009.

ADDRESSES: You may submit comments by any of the following three 
methods:
    Federal eRulemaking Portal: http://www.regulations.gov. The 
proposed rule has been assigned Docket ID: OSM-2009-0005. If you would 
like to submit comments through the Federal eRulemaking Portal, go to 
http://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-2009-0005'' and click the ``Submit'' button at 
the bottom of the page. The next screen will display the Docket Search 
results. If you click on ``OSM-2009-0005'' you can view the proposed 
rule and submit a comment. You can also view supporting material and 
any comments submitted by others.
    Hand Delivery/Courier: James F. Fulton, Chief, Denver Field 
Division, Office of Surface Mining Reclamation and Enforcement, 1999 
Broadway, Suite 3320, Denver, CO 80202.
    U.S. Postal Service: James F. Fulton, Chief, Denver Field Division, 
Office of Surface Mining Reclamation and Enforcement, P.O. Box 46667, 
Denver, CO 80201-46667.
    Instructions: For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the ``Public 
Comment Procedures'' heading of the SUPPLEMENTARY INFORMATION section 
of this document.
    Docket: In addition to obtaining copies of documents at http://www.regulations.gov, information may also be obtained 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 Office.
    James F. Fulton, Chief, Denver Field Division, Office of Surface 
Mining Reclamation and Enforcement, 1999 Broadway, Suite 3320, Denver, 
CO 80202, (303) 293-5015, [email protected].
    John Baza, Director, Utah Division of Oil, Gas and Mining, 1594 
West North Temple, Suite 1210, Salt Lake City, UT 84116, 801-538-5334, 
[email protected].

FOR FURTHER INFORMATION CONTACT: James F. Fulton, Chief, Denver Field 
Division, Office of Surface Mining Reclamation and Enforcement, 1999 
Broadway, Suite 3320, Denver, CO 80202, (303) 293-5015, 
[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 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 19, 2009, Utah sent us a proposed amendment to 
its program (SATS  UT-046-FOR; Docket ID No. OSM-2009-0005) 
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.
    Specifically, Utah proposes to delete Utah Code Annotated (UCA) 40-
10-11(5)(c) and UCA 40-10-17(6). These subsections contain repeal dates 
for UCA 40-10-11(5) and UCA 40-10-17(2)(t)(ii). By deleting these 
repeal dates, the Division would retain provisions that are slated to 
expire. These provisions pertain to permit eligibility and revegetation 
requirements on lands eligible for remining.
    OSM deleted corresponding repeal dates in the December 20, 2006 
changes to SMCRA (H.R. 6111, Tax Relief and Health Care Act of 2006). 
Through the deletion in SMCRA Sec. 510(e), OSM retained the authority 
of 510(e) and 515(b)(20)(B), which were also slated to expire.

[[Page 32090]]

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.

Electronic or Written Comments

    Send your written or electronic comments to OSM at the address 
given above. 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 http://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 
22, 2009. 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 only one 
person expresses an interest, a public meeting rather than a hearing 
may be held, with the results 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 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

[[Page 32091]]

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: May 29, 2009.
Allen D. Klein,
Regional Director, Western Region.
[FR Doc. E9-15971 Filed 7-6-09; 8:45 am]
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