Utah Regulatory Program

DEPARTMENT OF THE INTERIOR

30 CFR Part 944

Utah Regulatory Program

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

on proposed amendment.

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SUMMARY: OSM is announcing receipt of additional explanatory

information 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

additional explanatory information for Utah's proposed rule pertains to

liability self-insurance requirements for coal mining operations. The

amendment is intended to allow coal mining operators who qualify as

government entities under the Utah Interlocal Cooperation Act and the

Utah Governmental Immunity Act to provide a certain amount of their

liability insurance through self-insurance.

DATES: Written comments must be received by 4:00 p.m., m.s.t., January

25, 1995.

ADDRESSES: Written comments should be mailed or hand delivered to

Thomas E. Ehmett at the address listed below.

[[Page 2521]] 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.

Thomas E. Ehmett, Acting Director, Albuquerque Field Office, Office of

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

Suite 1200, Albuquerque, New Mexico 87102

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:

Thomas E. Ehmett, Telephone: (505) 766-1486.

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 October 4, 1994, Utah submitted a proposed

amendment to its program pursuant to SMCRA (administrative record No.

UT-979). Utah submitted the proposed amendment at its own initiative

with the intention of allowing companies in the coal industry, if they

so desire, to provide a certain amount of their liability insurance

through self-insurance. The provision of the Utah Coal Mining Rules

that Utah proposes to revise is Utah Administrative Rule (Utah Admin.

R.) 645-301-890.400, Terms and Conditions for Liability Insurance.

OSM announced receipt of the proposed amendment in the October 21,

1994, Federal Register (59 FR 53123), provided an opportunity for a

public hearing or meeting on its substantive adequacy, and invited

public comment on its adequacy (administrative record No. UT-982).

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

The public comment period ended on November 21, 1994.

During its review of the amendment, OSM identified concerns

relating to the provision of Utah's Coal Mining Rules at Utah Admin. R.

645-301-890.400. OSM notified Utah of the concerns by letter dated

November 30, 1994 (administrative record No. UT-992). Utah responded in

a letter dated December 16, 1994, by submitting additional explanatory

information (administrative record No. UT-999).

In response to the issue letter, Utah proposes additional

explanatory information with the intention of clarifying that Utah's

proposed revision to Utah Admin. R. 645-301-890.400 will allow

companies in the coal industry to provide a certain amount of their

liability insurance through self-insurance only if they qualify as

government entities under (1) a Utah statutory provision allowing for

the creation by two or more public agencies of a separate legal or

administrative entity at Utah Code Annotated (U.C.A.) Sec. 11-13-

5.5(2)(a) of the Utah Interlocal Cooperation Act and (2) a Utah self-

insurance statutory provision at U.C.A. Sec. 63-30-28 of the Utah

Governmental Immunity Act.

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 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 (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 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. 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. [[Page 2522]]

V. List of Subjects in 30 CFR Part 944

Intergovernmental relations, Surface mining, Underground mining.

Dated: January 3, 1995.

Charles E. Sandberg,

Acting Assistant Director, Western Support Center.

[FR Doc. 95-569 Filed 1-9-95; 8:45 am]

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