Utah Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 944

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: OSM is announcing receipt of revisions 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). The revisions for Utah's proposed

rules pertain to normal husbandry practices and Utah's ``Vegetation

Information Guidelines.''

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The amendment is intended to improve operational efficiency.

DATES: Written comments must be received by 4 p.m., m.d.t., July 21,

1995.

ADDRESSES: Written comments should be mailed or hand delivered to

Richard J. Seibel 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

Western Regional Coordinating Center.

Richard J. Seibel, Regional Director, Western Regional Coordinating

Center, Office of Surface Mining Reclamation and Enforcement, 1999

Broadway, Suite 3320, Denver, Colorado 80202-5733

Utah Coal Regulatory Program, 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: Richard J. Seibel, Telephone: (303)

672-5501.

SUPPLEMENTARY INFORMATION:

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 February 6, 1995, Utah submitted a proposed

amendment to its program (administrative record No. UT-1025) pursuant

to SMCRA (30 U.S.C. 1201 et seq.). Utah submitted the proposed

amendment at its own initiative.

OSM announced receipt of the proposed amendment in the March 15,

1995, Federal Register (60 FR 13935), provided an opportunity for a

public hearing or meeting on its substantive adequacy, and invited

public comment on its adequacy (administrative record No. UT-1034).

Because no one requested a public hearing or meeting, none was held.

The public comment period ended on April 14, 1995.

During its review of the amendment, OSM identified concerns

relating to the provisions of the Utah Coal Mining Rules at Utah

Administrative Rule (Utah Admin. R.) 645-301-357.340, concerning those

activities that cause the need for repair of revegetation after phase

II bond release that would not restart the liability period; Utah

Admin. R. 645-301-357.350, concerning clarification that the rule

applies to irrigation of transplanted trees and shrubs that would not

restart the liability period; and Appendix C of Utah's ``Vegetation

Information Guidelines,'' concerning references to manuals it submitted

to support the reestablishment of vegetation after wildfires that would

not restart the liability period proposed at Utah Admin. R. 645-301-

357.340. OSM notified Utah of the concerns by letter dated May 23, 1995

(administrative record No. UT-1054.

Utah responded in a letter dated June 5, 1995, by submitting a

revised amendment (administrative record No. UT-1059). Utah proposes to

revise: Utah Admin. R. 645-301-357.340, to include as an activity that

would not restart the liability period, repair of revegetation after

phase II bond release necessitated by illegal activities, such as

vandalism, which are not caused by any lack of planning, design, or

implementation of the mining and reclamation plan; Utah Admin. R. 645-

301-357.350, to clarify that irrigation of transplanted trees and

shrubs would not restart the liability period; and Appendix C of Utah's

``Vegetation Information Guidelines,'' to include references to manuals

that support the reestablishment of vegetation after wildfires.

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 Western Regional

Coordinating Center will not necessarily be considered in the final

rulemaking or included in the administrative record.

IV. Procedural Determinations

1. Executive Order 12866

This 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 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.

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 no 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 that 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.

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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: June 28, 1995.

James F. Fulton,

Acting Regional Director, Western Regional Coordinating Center.

[FR Doc. 95-16544 Filed 7-5-95; 8:45 am]

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