[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Rules and Regulations]
[Pages 63988-63990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29108]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 944
[SATS No. UT-046-FOR; Docket ID No. OSM-2009-0005]
Utah Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: We are approving an amendment to the Utah regulatory program
(the ``Utah program'') under the Surface Mining Control and Reclamation
Act of 1977 (``SMCRA'' or ``the Act''). Utah proposed revisions to
statutes pertaining to remining. Utah revised its program to remain
consistent with the Federal Program.
DATES: Effective Date: December 7, 2009.
FOR FURTHER INFORMATION CONTACT: James F. Fulton, Denver Field Division
Chief. Telephone: (303) 293-5015. Internet address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Utah Program
II. Submission of the Proposed Amendment
III. Office of Surface Mining Reclamation and Enforcement's (OSM's)
Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. 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 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. Submission of the Proposed Amendment
By letter dated May 19, 2009, Utah sent us an amendment to its
program (SATS number: UT-046-FOR, Administrative Record ID number: OSM-
2009-0005-0002) under SMCRA (30 U.S.C. 1201 et seq.). Utah sent the
amendment at its own initiative. The provisions of the Utah Code
Annotated that Utah proposed to revise were: Sec. 40-10-11(5) and
Sec. 40-10-17(6).
We announced receipt of the proposed amendment in the July 7, 2009,
Federal Register (74 FR 32089). In the same document, we opened the
public comment period and provided an opportunity for a public hearing
or meeting on the amendment's adequacy (Administrative Record No. OSM-
2009-0005-0001). We did not hold a public hearing or meeting because no
one requested one. The public comment period ended on August 6, 2009.
We received one comment from a Federal agency (discussed under ``IV.
Summary and Disposition of Comments'').
III. OSM's Findings
Following are the findings we made concerning the amendment under
SMCRA and the Federal regulations at 30 CFR 732.15 and 732.17. We are
approving the amendment.
Utah proposed deletions from two statutory provisions at UCA Sec.
40-10-11(5)(c) and Sec. 40-10-17(6). These deletions correspond to
revisions that were made to SMCRA on December 20, 2006 (HR 6111, Tax
Relief and Health Care Act of 2006). The language deleted from SMCRA
contained a termination date for two remining provisions. Utah has
proposed to delete its corresponding termination dates, thereby
retaining its remining provisions which were also slated to expire. As
a result of these changes, Utah's Program remains consistent with the
Federal Program.
Deleted UCA subsection 40-10-11(5)(c) corresponded to prior SMCRA
Sec. 510(e). In the December 20, 2006 revisions to SMCRA, Congress
deleted the termination provision in Sec. 510(e) pertaining to both
Sec. 510(e) and 515(b)(20)(B). The Utah remining provision to be
retained through the deletion of this termination date is UCA Sec. 40-
10-11(5), which corresponds to the remaining portions of SMCRA section
510(e).
Deleted UCA subsection 40-10-17(6) also corresponded to the
termination date under prior SMCRA Sec. 510(e). The Utah remining
provision to be retained through the deletion of this termination date
is UCA Sec. 40-10-17(2)(t)(ii). This part corresponds to SMCRA Sec.
515(b)(20)(B).
[[Page 63989]]
These changes directly correspond to revisions made to SMCRA on
December 20, 2006. The language retained through these changes is the
same as or similar to the corresponding Federal language. For these
reasons, we find these changes to be in accordance with SMCRA and
approve them.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment (Administrative
Record Document ID No. OSM-2009-0005-0001), but did not receive any.
Federal Agency Comments
Under 30 CFR 732.17(h)(11)(i) and section 503(b) of SMCRA, we
requested comments on the amendment from various Federal agencies with
an actual or potential interest in the Utah program (Administrative
Record Document ID No. OSM-2009-0005-0003).
We received one comment from the Bureau of Land Management (BLM)
dated June 4, 2009 (Administrative Record Document ID No. OSM-2009-
0005-0004). The BLM reviewed the amendment and found it to be
acceptable because the changes would modify the Utah Program to match
the current provisions of SMCRA.
Environmental Protection Agency (EPA) Concurrence and Comments
Under 30 CFR 732.17(h)(11)(i), OSM requested comments on the
amendment from the EPA (Administrative Record Document ID No. OSM-2009-
0005-0003). The EPA did not respond to our request.
State Historic Preservation Officer (SHPO) and the Advisory Council on
Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are required to request comments from
the SHPO and ACHP on amendments that may have an effect on historic
properties. On May 22, we requested comments on Utah's amendment
(Administrative Record Document ID No. OSM-2009-0005-0003). By letter
dated June 10, 2009, the Utah State Historic Preservation Officer
stated that he had no comment concerning the proposed regulation
changes (Administrative Record ID No. OSM-2009-0005-0005).
V. OSM's Decision
Based on the above findings, we approve Utah's May 19, 2009
amendment.
To implement this decision, we are amending the Federal regulations
at 30 CFR Part 944, which codify decisions concerning the Utah program.
We find that good cause exists under 5 U.S.C. 553(d)(3) to make this
final rule effective immediately. Section 503(a) of SMCRA requires that
the State's program demonstrates that the State has the capability of
carrying out the provisions of the Act and meeting its purposes. Making
this regulation effective immediately will expedite that process. SMCRA
requires consistency of State and Federal standards.
Effect of OSM's Decision
Section 503 of SMCRA provides that a State may not exercise
jurisdiction under SMCRA unless the State program is approved by the
Secretary. Similarly, 30 CFR 732.17(a) requires that any change of an
approved State program be submitted to OSM for review as a program
amendment. The Federal regulations at 30 CFR 732.17(g) prohibit any
changes to approved State programs that are not approved by OSM. In the
oversight of the Utah program, we will recognize only the statutes,
regulations and other materials we have approved, together with any
consistent implementing policies, directives and other materials. We
will require Utah to enforce only approved provisions.
VI. 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 (Regulatory Planning and
Review).
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, and 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 CFR U.S.C. 1292(d)) provides that
agency decisions on proposed State regulatory program provisions do not
[[Page 63990]]
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) 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: September 18, 2009.
Allen D. Klein,
Regional Director, Western Region.
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For the reasons set out in the preamble, 30 CFR part 944 is amended as
set forth below:
PART 944--UTAH
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1. The authority citation for part 944 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
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2. Section 944.15 is amended in the table by adding a new entry in
chronological order by ``Date of Final Publication'' to read as
follows:
Sec. 944.15 Approval of Utah regulatory program amendments.
* * * * *
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Original amendment submission Date of final
date publication Citation/description
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* .................
May 19, 2009.................. December 7, 2009. UCA Sec. 40-10-11,
40-10-17/Deletion of
repeal dates for
remining provisions.
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[FR Doc. E9-29108 Filed 12-4-09; 8:45 am]
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