[Federal Register Volume 71, Number 29 (Monday, February 13, 2006)]
[Proposed Rules]
[Pages 7489-7491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1974]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 944
[UT-043-FOR]
Utah Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
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 the Utah Administrative Rules concerning
permit change, renewal, transfer, sale and assignment, cross sections
and maps, processing and approval of extensions to the approved permit
area, determining civil penalty amounts, and assessing daily civil
penalties. Utah intends to revise its program to clarify and strengthen
certain parts of the rules.
DATES: We will accept written comments on this amendment until 4 p.m.,
m.s.t. March 15, 2006. If requested, we will hold a public hearing on
the amendment on March 10, 2006. We will accept requests to speak until
4 p.m., m.s.t. on February 28, 2006.
ADDRESSES: You may submit comments, identified by docket number UT-043-
FOR, by any of the following methods:
E-mail: [email protected]. Include ``UT-043-FOR'' in the
subject line of the message;
Mail: James F. Fulton, Chief, Denver Field Division,
Western Region, Office of Surface Mining, P.O. Box 46667, 1999
Broadway, Suite 3320, Denver, Colorado 80201-6667;
Courier/Hand Delivery: James F. Fulton, Chief, Denver
Field Division, Office of Surface Mining, 1999 Broadway, Suite 3320,
Denver, Colorado 80202-5733; and
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency name
and docket number UT-043-FOR. 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: For access to the docket to review copies of the Utah
program, this amendment, a listing of any scheduled public hearings,
and all written comments received in response to this document, you
must go to 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 Field Division. In
addition, you may review a copy of the amendment during regular
business hours at the following locations:
James F. Fulton, Chief, Denver Field Division, Office of Surface
Mining, 1999 Broadway, Suite 3320, Denver, Colorado 80202-5733.
Telephone: (303) 844-1400, extension 1424. E-mail: [email protected].
John R. Baza, Director, Division of Oil, Gas and Mining, 1594 West
North Temple, Suite 1210, P.O. Box 145801, Salt Lake City, Utah 84114-
5801. Telephone: (801) 538-5340. Internet: http://www.ogm.utah.gov.
FOR FURTHER INFORMATION CONTACT: James F. Fulton, Chief, Denver Field
Division; Telephone: (303) 844-1400, extension 1424; E-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
[[Page 7490]]
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 also can 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 November 28, 2005, Utah sent to us a proposed
amendment to its program (Utah administrative record No. UT-1181) under
SMCRA (30 U.S.C. 1201 et seq.). We received the amendment on December
28, 2005. Utah sent the amendment to make the changes 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 revise five sections of its rules.
In a revision of Utah Administrative Rule (Utah Admin. R.) 645-301-160,
the State proposes to add a heading that reads, ``Permit change,
renewal, transfer, sale, and assignment.'' Following that heading is a
proposed reference to procedures to change, renew, transfer, assign, or
sell existing coal mining and reclamation permit rights that are found
at Utah Admin. R. 645-303.
The amendment also proposes to change Utah's permit application
requirements for cross sections and maps at Utah Admin. R. 645-301-
512.100. This change would allow preparation of certain cross sections
and maps by a professional geologist or a qualified, registered,
professional land surveyor. The State also proposes editorial changes
to this section to make it read more clearly with the proposed
substantive revisions described above.
A proposed revision to Utah Admin. R. 645-303-222 would allow
applications for extensions to the approved permit area to be processed
and approved using the procedural requirements of Utah Admin. R. 645-
303-226 for review and processing of significant permit revisions. As
part of this proposed change, the State also proposes to remove the
requirement at Utah Admin. R. 645-303-222 that extensions to the
approved permit area, except for incidental boundary changes, be
processed and approved as new permit applications and not be approved
under Utah Admin. R. 645-303-221 through R. 645-303-228.
Another revision proposed in this amendment would change Utah's
schedule of points and corresponding dollar amounts for civil penalty
assessments found at Utah Admin. R. 645-401-330. As proposed, the
revision would result in civil penalty ranges of 1 through 64 points
and $22 through $4,840, and remove the existing ranges of 1 through 87
points and $10 through $3,560.
Finally, the State's amendment proposes a change at Utah Admin. R.
645-401-410 that would require an assessment officer to assess a civil
penalty for a minimum of two separate days for any violation that
continues for two or more days and is assigned more than 64 points.
This proposed change also would remove the existing threshold of 80
points.
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.
Written Comments
Send your written or electronic comments to OSM at the address
given above. Your comments should be specific, pertain only to the
issues proposed in this rulemaking, and include explanations in support
of your recommendations. We will not consider or respond to your
written comments when developing the final rule if they are received
after the close of the comment period (see Dates). We will make every
attempt to log all comments into the administrative record, but
comments delivered to an address other than the Denver Field Division
may not be logged in.
Electronic Comments
Please submit Internet comments as an ASCII file or Word file
avoiding the use of special characters and any form of encryption.
Please also include ``Attn: SATS No. UT-043-FOR'' and your name and
return address in your Internet message. If you do not receive a
confirmation that we have received your Internet message, contact the
Denver Field Division at (303) 844-1400, extension 1424. In the final
rulemaking, we will not consider or include in the administrative
record any electronic comments received after the time indicated under
DATES or at e-addresses other than the Denver Field Division.
Availability of Comments
We will make comments, including names and addresses of
respondents, available for public review during normal business hours.
We will not consider anonymous comments. If individual respondents
request confidentiality, we will honor their request to the extent
allowable by law. Individual respondents who wish to withhold their
name or address from public review, except for the city or town, must
state this prominently at the beginning of their comments. We will make
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public review in their entirety.
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.s.t. on
February 28, 2006. If you are disabled and need special 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 a hearing.
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
[[Page 7491]]
present in the audience who wish to speak, have been heard.
Public Meeting
If only one person requests an opportunity to speak, we may hold a
public meeting rather than a public hearing. If you wish to meet with
us to discuss the amendment, please request a meeting by contacting the
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings
are open to the public and, if possible, we will post notices of
meetings at the locations listed under ADDRESSES. We will make a
written summary of each meeting a part of the administrative record.
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
regulations.
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 under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The State submittal, which is the subject of this rule, is based on
counterpart Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect on a substantial number of small entities.
In making the determination as to whether this rule would have a
significant economic impact, the Department relied on 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; and
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 on the fact that the State submittal
which is the subject of this rule is based on 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 on the fact that the State
submittal, which is the subject of this rule, is based on 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: January 6, 2006.
Allen D. Klein,
Regional Director, Western Region.
[FR Doc. E6-1974 Filed 2-10-06; 8:45 am]
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