This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

13367

Vol. 60, No. 48

Monday, March 13, 1995

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 944

Utah Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Notice of informal conference.

SUMMARY: On January 21, 1981, the

Secretary of the Interior conditionally

approved Utah’s program under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA) (see

46 FR 5899). On February 7, 1995, OSM

notified the Director of the Utah

Division of Oil, Gas and Mining

(DOGM) that it had reason to believe

that violations of the Utah surface coal

mining regulatory program approved

under SMCRA were resulting from the

failure of the State to enforce all or any

part of the program effectively with

respect to the State’s regulation of mine

access and haul roads (see

‘‘Supplementary Information’’ below).

Under the provisions of OSM’s

regulations at 30 CFR 733.12(c), OSM

will hold an informal conference to

discuss the facts surrounding such a

notification if an informal conference is

requested by the State. By letter dated

February 22, 1995, DOGM requested an

informal conference. Accordingly, OSM

hereby notifies Utah and the public that

it will hold an informal conference. All

interested persons may attend the

informal conference.

DATES: OSM has scheduled an informal

conference on Tuesday, March 14, 1995,

beginning at 10:00 a.m, m.s.t.

ADDRESSES: The conference will be held

in the Red Butte Room on the second

floor of the Double Tree Hotel, 215 West

South Temple, Salt Lake City, Utah

84180.

Copies of the Administrative Record

documents referenced in this notice are

available for public inspection and

copying during normal business hours

at: Office of Surface Mining Reclamation

and Enforcement, Albuquerque Field

Office, 505 Marquette Avenue NW.,

Suite 1200, Albuquerque, New Mexico

87102.

FOR FURTHER INFORMATION CONTACT:

Mr. Thomas E. Ehmett, Acting Assistant

Director, Albuquerque Field Office,

Office of Surface Mining Reclamation

and Enforcement, 505 Marquette

Avenue NW., Suite 1200, Albuquerque,

New Mexico 87102. Telephone: (505)

766–1486.

SUPPLEMENTARY INFORMATION: On

January 21, 1981, the Secretary of the

Interior conditionally approved the

Utah program (46 FR 5899).

On February 7, 1995, OSM notified

the Director of the Utah Division of Oil,

Gas and Mining (DOGM) that it had

reason to believe that violations of the

Utah surface coal mining regulatory

program approved under SMCRA were

resulting from the failure of the State to

enforce all or any part of the program

effectively with respect to the State’s

regulation of mine access and haul

roads (administrative record No. UT–

1023).

Since the approval of Utah’s program,

and in keeping with its policy of

working closely with the State, OSM has

had numerous discussions with DOGM

officials about the State’s performance.

Recent discussions and investigations

have centered on inadequacies of

DOGM’s implementation of the

approved program in areas set forth

below.

1. Mine Access and Haul Roads:

Failure to regulate mine access and haul

roads included within the Utah program

definition of ‘‘coal mining and

reclamation operations’’ at Utah

Administrative Rule (Utah Admin. R.)

645–100–200 and the virtually identical

Federal definition of ‘‘surface coal

mining and reclamation operations’’ at

30 CFR 700.5.

2. Exclusion of Public Roads From

Regulation: Both the State and Federal

definitions include all lands affected by

the construction of new roads or the

improvement or use of existing roads to

gain access to the site of mining-related

activities and for haulage or excavation

purposes. Contrary to the manner in

which Utah is implementing its

program, the corresponding Federal

definition of ‘‘surface coal mining

operations’’ in section 701(28) of

SMCRA does not exclude, as asserted by

Utah, all roads designated as public

roads or open to public use except when

deeded by mine operators to public

entities to avoid compliance with

SMCRA.

In the February 7, 1995, notification,

OSM specified a date for DOGM to

present a plan to correct the deficiencies

in the implementation of its program.

On February 22, 1995, DOGM

responded that its position with regard

to OSM’s wish to have the Division

reconsider its permitting decisions is set

forth in the complaint filed in Utah v.

Lujan, 92–C–063–G (D. Utah). DOGM

also responded that the facts and legal

argument set forth in the complaint

were being incorporated as its response

to OSM’s February 7, 1995, letter.

Lastly, DOGM requested that OSM hold

an informal conference to discuss the

facts supporting the assertions of the

February 7, 1995, letter (administrative

record No. UT–1024).

Section 733.12(c) of 30 CFR requires

OSM to provide the State regulatory

authority an opportunity for an informal

conference.

The informal conference may pertain

to the facts of the deficiencies or the

time period for accomplishing remedial

actions.

Conference Rules

The informal conference is an

opportunity for OSM to discuss the

status of the implementation of Utah’s

program with Utah officials.

No testimony from the public will be

taken but a verbatim transcript of the

meeting will be kept.

Dated: March 2, 1995.

Peter A. Rutledge,

Acting Assistant Director, Western Support

Center.

[FR Doc. 95–5923 Filed 3–10–95; 8:45 am]

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