Utah Permanent Regulatory Program

DEPARTMENT OF THE INTERIOR

30 CFR Part 944

Utah Permanent Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; reopening and extension of public comment period

on proposed amendment.

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SUMMARY: OSM is announcing receipt of additional revisions pertaining

to a previously proposed amendment to the Utah permanent regulatory

program (hereinafter, the ``Utah program'') under the Surface Mining

Control and Reclamation Act of 1977 (SMCRA). The additional revisions

for Utah's proposed rules pertain to the scope of rulemaking and

promulgation of rules, hearing requirements for designating areas

unsuitable for coal mining, confidentiality of coal exploration

information, and mining in special areas, specifically prime farmland.

The amendment is intended to incorporate the additional flexibility

afforded by the revised Federal regulations, clarify ambiguities, and

improve operational efficiency.

This document sets forth the times and locations that the Utah

program and proposed amendment to that program are available for public

inspection and the dates and times of the reopened comment period

during which interested persons may submit written comments on the

proposed amendment.

DATES: Written comments must be received by 4 p.m., m.s.t., February 8,

1994.

ADDRESSES: Written comments should be mailed or hand delivered to

Robert H. Hagen 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

Albuquerque Field Office.

Robert H. Hagen, Director, Albuquerque Field Office, Office of Surface

Mining Reclamation and Enforcement, 505 Marquette Avenue NW., Suite

1200, Albuquerque, New Mexico 87102, Telephone: (505) 766-1486

Utah Division of Oil, Gas and Mining, 355 West North Temple, 3 Triad

Center, Suite 350, Salt Lake City, Utah 84180-1203, Telephone: (801)

538-5340

FOR FURTHER INFORMATION CONTACT: Robert H. Hagen, Telephone: (505) 766-

1486.

SUPPLEMENTARY INFORMATION:

I. Background on the Utah Program

II. 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. 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 August 2, 1993, Utah submitted a proposed amendment

to its program pursuant to SMCRA (administrative record No. UT-851).

Utah submitted the proposed amendment at its own initiative. Utah

proposed revisions to the Utah Rules of Practice and Procedure of the

Board of Oil, Gas and Mining (Board) at Utah Administrative Rules (Utah

Admin. R.) 641-112-100, scope of rulemaking, and 641-112-200,

promulgation of rules. Utah also proposed revisions to the Utah Coal

Mining Rules at Utah Admin. R. 645-100-500, petitions to initiate

rulemaking; 645-103-441, hearing requirements for designating areas

unsuitable for coal mining and reclamation operations; 645-203-200,

confidentiality of coal exploration information; 645-301-524.661,

permit application blasting level chart; 645-301-731.760, permit

application cross sections and maps showing hydrologic information; and

645-302-314.110 and 645-302-323.310, special areas of mining,

specifically prime farmland and alluvial valley floors.

OSM published a document in the August 27, 1993 Federal Register

(58 FR 45305) announcing receipt of the amendment and inviting public

comment on its adequacy (administrative record No. UT-865). The public

comment period ended September 27, 1993.

During its review of the amendment, OSM identified concerns for (1)

Utah Admin. R. 641-112, regarding the incorrect reference to its

rulemaking authority at Utah Code Annotated (UCA) 40-9-3.5(2), which

was repealed by Utah in 1993; (2) Utah Admin. R. 645-103-441, regarding

the need for agreement between the petitioners and intervenors to

change the location of a public hearing on a petition to designate

lands unsuitable for mining; (3) Utah Admin. R. 645-203-200, regarding

the proposed deletion of the phrase ``and the information is

confidential'' which would impart a change in the criteria for

determining coal exploration information that is or is not allowed to

be held confidential under the Utah program, and the proposed reference

to Utah's Government Records Access and Management Act (GRAMA) in that

certain aspects of GRAMA were previously found to be less effective

than the Federal regulations with regard to the restrictions it imposes

on the availability of coal exploration information; and (4) Utah

Admin. R. 645-302-314.110, regarding the need to use the prime farmland

soil survey standards in U.S. Department of Agriculture (USDA) Handbook

436, as it existed on October 5, 1982, and USDA Handbook 18, as it

existed on November 16, 1982.

OSM notified Utah of the concerns by letter dated December 9, 1993

(administrative record No. UT-878). Utah responded in a letter dated

January 7, 1994, by submitting a revised amendment (administrative

record No. UT-881).

Utah proposes the following additional revisions to its existing

rules. At Utah Admin. R. 641-112, Utah proposes to reference UCA 40-8-

6(1), which applies to rulemaking authority under the Utah Mined Land

Reclamation Act. At Utah Admin. R. 645-103-441, Utah proposes (1) that

unless the petitioners and intervenors agree otherwise, the Board shall

hold a public hearing within 10 months after receipt of a complete

petition to designate lands unsuitable for mining; (2) if all

petitioners and intervenors agree that a public hearing is not needed,

the hearing need not be held; and (3) all hearings held under Utah

Admin. R. 645-103-441 will be held in the locality of the area covered

by the petition. At Utah Admin. R. 645-203-200, Utah proposes to

require that the Utah Division of Oil, Gas and Mining will not make

coal information available for public inspection if the person

submitting it requests in writing , at the time of submission, that it

not be disclosed and the information is confidential under the

standards of the Federal Act (SMCRA). At Utah Admin. R. 645-302-

314.110, Utah proposes to require that USDA soils Handbooks 436 and 18

are incorporated by reference as they respectively existed on October

5, 1982, and November 16, 1982.

III. Public Comment Procedures

OSM is reopening the comment period on the proposed Utah program

amendment to provide the public an opportunity to reconsider the

adequacy of the proposed amendment in light of the additional materials

submitted. 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.

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 Albuquerque Field Office

will not necessarily be considered in the final rulemaking or included

in the administrative record.

IV. Procedural Determinations

1. Executive Order 12866

This proposed 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 12550) 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

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 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. 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: January 14, 1994.

Raymond L. Lowrie,

Assistant Director, Western Support Center.

[FR Doc. 94-1558 Filed 1-21-94 10:00 am]

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