[Federal Register Volume 77, Number 239 (Wednesday, December 12, 2012)]
[Proposed Rules]
[Pages 73966-73967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29970]



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; reopening and extension of public comment period 
on proposed amendment.


SUMMARY: We are announcing receipt of revisions 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 or the Act). Utah proposes to revise 
references to Federal regulations specifying abandoned mine land 
reclamation contractor eligibility criteria. These changes relate to 
the Ownership and Control required amendments. Utah intends to revise 
its program to be consistent with the corresponding Federal 

DATES: We will accept written comments on this amendment until 4:00 
p.m., [m.s.t.] December 27, 2012.

ADDRESSES: You may submit comments, identified by ``SATS UT-
049-FOR'' or ``Docket ID OSM-2012-0015,'' by any of the following 
     Email: cbelka@OSMRE.gov. Please include ``Docket ID OSM-
2012-0015'' in the subject line of the message.
     Mail/Hand Delivery/Courier: Kenneth Walker, Chief, Denver 
Field Division, Office of Surface Mining Reclamation and Enforcement, 
1999 Broadway, Suite 3320, Denver, CO, 80202, (303)293-5012, 
     Fax: (303) 293-5017.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and Docket ID OSM-2012-0015. For detailed instructions on submitting 
comments and additional information on the rulemaking process, see the 
``Public Comment Procedures'' heading of the SUPPLEMENTARY INFORMATION 
section of this document.
    Docket: Access to the docket, to review copies of the Utah program, 
this amendment, a listing of any scheduled public hearings, and all 
written comments received in response to this document, may be obtained 
at the addresses listed below during normal business hours, Monday 
through Friday, excluding holidays. You may receive one free copy of 
the amendment by contacting Office of Surface Mining Reclamation and 
Enforcement (OSM's) Denver Field Division. In addition, you may review 
a copy of the amendment during regular business hours at the following 

 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, 

FOR FURTHER INFORMATION CONTACT: Kenneth Walker, Chief, Denver Field 
Division, Telephone: (303)293-5012, Internet address: 


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

[[Page 73967]]

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 (SATS UT-049-FOR, Administrative Record No. OSM-
2012-0015-0002) under SMCRA (30 U.S.C. 1201 et seq.). Utah sent the 
proposed amendment in response to an October 2, 2009 letter 
(Administrative Record No. OSM-2012-0015-0003) that OSM sent to Utah 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 
    We announced receipt of the proposed amendment in the September 5, 
2012, Federal Register (77 FR 54491), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (Administrative Record No. OSM-2012-
0015-0001). Because no one requested a public hearing or meeting, none 
was held. The public comment period ended on October 5, 2012. We 
received comments from three Federal agencies.
    During our review of the amendment, we identified concerns relating 
to two provisions of the Utah Administrative Code (UAC) at R643-874-160 
and R643-875-200. Both provisions specify contractor eligibility 
criteria for abandoned mine land reclamation projects (general 
requirements and noncoal reclamation requirements, respectively). The 
UAC references Federal regulations for those contractor eligibility 
criteria. The references are currently incorrect due to changes in the 
Federal Program approved on December 3, 2007 (72 FR 68029) and November 
14, 2008 (73 FR 67630). We notified Utah of the concerns by email dated 
October 4, 2012 (Administrative Record No. OSM-2012-0015-0009). Utah 
responded in a letter dated November 2, 2012, by submitting a 
supplemental amendment proposal (Administrative Record No. OSM-2012-
    Utah now proposes revisions to update R643-874-160 and R643-875-200 
to reference the current Federal contractor eligibility requirements. 
Specifically, Utah proposes to replace its reference to 30 CFR 
``773.15(b)(1),'' which no longer exists, with reference to 30 CFR 
``773.12 through 773.14.''

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 State or 
Federal laws or regulations, technical literature, or other relevant 
    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 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.

VI. 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 

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 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: November 7, 2012.
Allen D. Klein,
Director, Western Region.
[FR Doc. 2012-29970 Filed 12-11-12; 8:45 am]