[Federal Register Volume 60, Number 6 (Tuesday, January 10, 1995)]
[Rules and Regulations]
[Pages 2520-2522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-569]



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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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