[Federal Register Volume 77, Number 172 (Wednesday, September 5, 2012)]
[Proposed Rules]
[Pages 54491-54493]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21857]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 944
[SATS No. UT-049-FOR; Docket ID OSM-2012-0015]
Utah Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, 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 and additions of rules pertaining to
ownership and control. Utah intends to revise its program to be
consistent with the corresponding Federal regulations.
This document gives the times and locations that the Utah program
and proposed amendment to that program are available for your
inspection, the comment period during which you may submit written
comments on the amendment, and the procedures that we will follow for
the public hearing, if one is requested.
DATES: We will accept written comments on this amendment until 4 p.m.,
m.d.t. October 5, 2012. If requested, we will hold a public hearing on
the amendment on October 1, 2012. We will accept requests to speak
until 4 p.m., m.d.t. on September 20, 2012.
ADDRESSES: You may submit comments by either of the following two
methods:
Federal eRulemaking Portal: www.regulations.gov. This
proposed rule has been assigned Docket ID: OSM-2012-0015. If you would
like to submit comments through the Federal eRulemaking Portal, go to
www.regulations.gov and do the following. Click in the SEARCH box and
type in Docket ID ``OSM-2012-0015'' then click the ``Search'' button.
The next screen will display the Docket Search Results for the
rulemaking. You may comment from this screen by clicking the ``Comment
Now!'' button. If you click on ``OSM-2012-0015,'' you can view the
proposed rule as well as supporting material and any comments submitted
by others.
Mail/Hand Delivery/Courier: Kenneth Walker, Chief, Denver
Field Division, Office of Surface Mining Reclamation and Enforcement,
1999 Broadway, Suite 3320, Denver, CO 80202.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see the ``III. Public Comment
Procedures'' in the SUPPLEMENTARY INFORMATION section of this document.
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 Office.
Kenneth Walker, Chief, Denver Field Division, Office of Surface Mining
Reclamation and Enforcement, 1999 Broadway, Suite 3320, Denver, CO
80202, (303) 293-5012, kwalker@OSMRE.gov.
John R. Baza, Director, Utah Division of Oil, Gas and Mining, 1594 West
North Temple, Suite 1210, Salt Lake City, UT 84116, (801) 538-5334,
johnbaza@utah.gov.
FOR FURTHER INFORMATION CONTACT: Kenneth Walker, Telephone: (303) 293-
5012, Internet: kwalker@OSMRE.gov.
SUPPLEMENTARY INFORMATION:
[[Page 54492]]
Table of Contents
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 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 June 25, 2012, Utah sent us a proposed amendment to
its program (Administrative Record Document ID No. OSM-2012-0015-0002)
under SMCRA (30 U.S.C. 1201 et seq.). Utah sent the amendment in
response to our October 2, 2009, letter (Administrative Record Document
ID No. OSM-2012-0015-0003) sent in accordance with 30 CFR 732.17(c).
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 Code that Utah proposes
to revise, delete and/or add are: R645-100-200, Definitions of
Applicant/Violator System (AVS); Control or Controller; Knowingly;
Knowing or Knowingly; Owned or Controlled; Own, Owner, or Ownership;
Transfer, Assignment, or Sale of Permit Rights; Violation; Violation
Notice; Willful or Willfully; Willful Violation; R645-300-132 through -
132.520.3, Review of compliance and entry of information into the AVS;
R645-300-148.100, Updating personnel info; R645-300-161, Review
procedures and preliminary findings on improvidently issued permits;
R645-300-162 and -162.300 through -162.320, Review criteria for
improvidently issued permits; R645-300-164 through -164.200, Rescission
procedures for improvidently issued permits; R645-300-171 through -173,
Certifying and updating existing permit application information; R645-
300-180 through -185, Post permit issuance requirements for the
Division and other actions based on ownership, control, and violation
information; R645-301-111.400, Applicant submittal requirements; R645-
301-111.500 Division AVS data entry requirements; R645-301-112 through
-112.420, Identification of interests; R645-301-113.100, -113.120, -
113.300, and -113.340 through -113.360, Violation information required
in a permit application; R645-302-240 through -242, -245.210, and -
245.300, Permit application requirements for auger mining and remining
operations; R645-301-245.410 through -245.420, auger mining and
remining backfilling and grading requirements; R645-303-310, Transfer,
assignment, or sale of permit rights; R645-400-319, Cessation order
notification procedures; R645-403-100 through -133, Criminal penalties
and civil actions.
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.
Electronic or 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, email 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 at anytime. 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
September 20, 2012. If you are disabled and need reasonable
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 the 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 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 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).
Other Laws and Executive Orders Affecting Rulemaking
When a State submits a program amendment to OSM for review, our
regulations at 30 CFR 732.17(h) require
[[Page 54493]]
us to publish a notice in the Federal Register indicating receipt of
the proposed amendment, its text or a summary of its terms, and an
opportunity for public comment. We conclude our review of the proposed
amendment after the close of the public comment period and determine
whether the amendment should be approved, approved in part, or not
approved. At that time, we will also make the determinations and
certifications required by the various laws and executive orders
governing the rulemaking process and include them in the final rule.
List of Subjects in 30 CFR Part 944
Intergovernmental relations, Surface mining, Underground mining.
Dated: July 2, 2012.
Billie E. Clark,
Acting Director, Western Region.
[FR Doc. 2012-21857 Filed 9-4-12; 8:45 am]
BILLING CODE 4310-05-P