[Federal Register Volume 73, Number 122 (Tuesday, June 24, 2008)]
[Proposed Rules]
[Pages 35607-35609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14267]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 944
[SATS No. UT-045-FOR; Docket ID: OSM-2008-0011]
Utah Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; opening of 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 additions and revisions to its rules regarding
Division of Oil Gas and Mining (``DOGM'' or ``Division'') requests for
additional information required to complete the review of a coal mining
permit application, change, or renewal; the casing and sealing of
underground openings; the definition of ``intermittent stream'' and
related performance standards. Utah intends to revise its program to
clarify Division responsibilities and improve operational efficiency.
DATES: We will accept written comments on this amendment until 4 p.m.,
m.d.t. July 24, 2008. If requested, we will hold a public hearing on
the amendment on July 21, 2008. We will accept requests to speak until
4 p.m., m.d.t. on July 9, 2008.
ADDRESSES: You may submit comments by any of the following methods:
Federal eRulemaking Portal: www.regulations.gov. The
proposed rule has been assigned Docket ID: OSM-2008-0011. If you would
like to submit comments through the Federal eRulemaking Portal, go to
www.regulations.gov and do the following. Click on the ``Advanced
Docket Search'' button on the right side of the screen. Type in the
Docket ID ``OSM-2008-0011'' and click the ``Submit'' button at the
bottom of the page. The next screen will display the Docket Search
Results for the rulemaking. If you click on OSM-2008-0011, you can view
the proposed rule and submit a comment. You can also view supporting
material and any comments submitted by others.
Mail: James F. Fulton, Chief, Denver Field Division Office
of Surface Mining Reclamation and Enforcement, P.O. Box 46667, Denver,
CO 80201-6667.
Hand Delivery/Courier: James F. Fulton, Chief, Denver
Field Division Office of Surface Mining Reclamation and Enforcement,
1999 Broadway, Suite 3320, Denver, CO 80202-5733.
Instructions: All submissions received must include the agency name
(OSM) and either the Docket ID ``OSM-2008-0011'' or SATS No. ``UT-045-
FOR''. For detailed instructions on submitting comments and additional
information on the rulemaking process, see the ``III. Public Comment
Procedures'' heading under the SUPPLEMENTARY INFORMATION section of
this document.
Docket: In addition to viewing the docket and obtaining copies of
documents at 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 Field Division.
James F. Fulton, Chief, Denver Field Division, Office of Surface Mining
Reclamation and Enforcement, 1999 Broadway, suite 3320, Denver, CO
80202-5733, Telephone: (303) 293-5015, E-mail: [email protected].
John R. Baza, Director, Division of Oil, Gas and Mining, 1594 West
North Temple, suite 1210, Salt Lake City, UT 84114-5801, Telephone:
(801) 538-5340, Internet: http://www.ogm.utah.gov.
FOR FURTHER INFORMATION CONTACT: James F. Fulton, 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
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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 May 28, 2008, Utah sent us a proposed amendment to
its program under SMCRA (30 U.S.C. 1201 et seq.). Utah sent the
amendment at its own initiative. The full text of the program amendment
is available for you to read at the locations listed above under
ADDRESSES.
The provisions of the Utah Administrative Rules proposed for
revision and addition are: (1) Requests for Additional Information,
R645-300-131.300 (addition of new section); (2) Sealing of Underground
Openings, R645-301-551, R645-301-631, and R645-301-765; and (3)
Intermittent Streams, R645-100-200, R645-301-535.210, R645-301-535.223,
R645-301-731.610, R645-301-742.320 through R645-301-742.324 R645-301-
742.330 through R645-301-742.333, and R645-301-742.412.
Specifically, Utah proposes to add a provision requiring the
Division to issue a written decision and justification if additional
information is required to complete the review of a coal mining permit
application, change, or renewal. Utah also proposes to expand its rules
pertaining to the sealing of underground openings to include additional
specifications for sealing drill holes and to reference other
regulations which contain more specific guidance. Additionally, Utah
proposes to adopt a more hydrologically accurate definition of
``intermittent stream''. In order to remain no less effective than
Federal regulations, numerous performance standards are proposed for
revision due to this proposed definition change.
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
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 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 July
9, 2008. If you are disabled and need reasonable accommodation 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 there is only
limited interest in participating at a public hearing, a public meeting
or teleconference rather than a hearing may be held. If we hold a
public meeting or teleconference, a notice of the event will be posted
to the docket for this rulemaking at www.regulations.gov, and a summary
of the event will be 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 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal regulation.
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
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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 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. 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.
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.
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 upon the fact that the State submittal
which is the subject of this rule is based upon 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 upon the fact that the State
submittal, which is the subject of this rule, is based upon 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: June 5, 2008.
Allen D. Klein,
Regional Director, Western Region.
[FR Doc. E8-14267 Filed 6-23-08; 8:45 am]
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