[Federal Register Volume 75, Number 189 (Thursday, September 30, 2010)]
[Proposed Rules]
[Pages 60375-60377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24599]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 944

[SATS No. UT-047-FOR; Docket ID OSM-2010-0012]


Utah Regulatory Program

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

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ACTION: Proposed rule; 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 revisions to and additions of rules about Valid 
Existing Rights (``VER''). Utah intends to revise its program to be 
consistent with the corresponding Federal regulations.
    This document gives the times and locations that the Utah program 
and 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. November 1, 2010. If requested, we will hold a public hearing on 
the amendment on October 25, 2010. We will accept requests to speak 
until 4 p.m., m.d.t. on October 15, 2010.

ADDRESSES: You may submit comments by either of the following two 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
This proposed rule has been assigned Docket ID: OSM-2010-0012. If you 
would like to submit comments through the Federal eRulemaking Portal, 
go to http://www.regulations.gov and follow the instructions.
     Mail/Hand Delivery/Courier: James F. Fulton, Chief Denver 
Field Division, Office of Surface Mining Reclamation and Enforcement, 
1999 Broadway, Suite 3320, Denver, CO 80202.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see the ``III. Public Comment 
Procedures'' in the SUPPLEMENTARY INFORMATION section of this document.
    In addition to viewing the docket and obtaining copies of documents 
at http://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 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 R. 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 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 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 August 9, 2010, Utah sent us a proposed amendment 
to its program (Administrative Record No. UT-1224) under SMCRA (30 
U.S.C. 1201 et seq.). Utah sent the amendment in response to a February 
1, 2008, letter (Administrative Record No. UT-1223) that we sent to 
Utah. The letter notified Utah that OSM's December 17, 2000, Valid 
Existing Rights rule changes had been upheld in court and the State 
should respond to our September 19, 2000, letter (Administrative Record 
No. UT-1149) sent in accordance with 30 CFR 732.17(c). That letter 
required Utah to submit amendments to ensure its program remains 
consistent with the Federal program. This amendment package is intended 
to address all required rule changes pertaining to Valid Existing 
Rights.
    Specifically, Utah proposes to amend its administrative rules at 
R645-100-200 (Definitions); R645-103-224; R645-103-225; R645-103-230 
through R645-103-240; R645-201-328; R645-201-342; R645-300-133; R645-
301-115; and R645-301-411. The full text of the program amendment is 
available for you to read at the locations listed above under 
ADDRESSES.

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

    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 
October 15, 2010. If you are disabled and need reasonable

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accommodations 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 12866--Regulatory Planning and Review

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

Other Laws and Executive Orders Affecting Rulemaking

    When a State submits a program amendment to OSM for review, our 
regulations at 30 CFR 732.17(h) require us to publish a notice in the 
Federal Register indicating receipt of the proposed amendment, its text 
or a summary of its terms, and an opportunity for public comment. We 
conclude our review of the proposed amendment after the close of the 
public comment period and determine whether the amendment should be 
approved, approved in part, or not approved. At that time, we will also 
make the determinations and certifications required by the various laws 
and executive orders governing the rulemaking process and include them 
in the final rule.

List of Subjects in 30 CFR Part 944

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: August 12, 2010.
Allen D. Klein,
Director, Western Region.
[FR Doc. 2010-24599 Filed 9-29-10; 8:45 am]
BILLING CODE 4310-05-P