Utah Regulatory Program, 73966-73967 [2012-29970]
Download as PDF
73966
Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Proposed Rules
emcdonald on DSK67QTVN1PROD with
amendments at 30 CFR 926.15, 926.16,
and 926.30.
II. Submission of the Withdrawal
By letter dated July 20, 2011, Montana
sent us an amendment to its program
(SATS No. MT–033–FOR,
Administrative Record Docket ID No.
OSM–2011–0012) under SMCRA (30
U.S.C. 1201 et seq.). Montana submitted
the amendment to include changes
made to the Montana Strip and
Underground Mine Reclamation Act
(MSUMRA) as a result of the 2011
Montana Legislature passage of Senate
Bill 286 relating to coal prospecting.
Montana sent the amendment to include
the changes made at its own initiative.
We announced receipt of the
proposed amendment in the October 17,
2011, Federal Register (76 FR 64047). 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 ID No. OSM–
2011–0012–0004). We did not hold a
public hearing or meeting because no
one requested one. We received
comments from the Montana Historical
Society, Westmoreland Resources Inc.,
the Bureau of Land Management, and
the Mine Safety and Health
Administration (Administrative Record
ID No. OSM–2011–0012–0010).
During our review of the amendment,
we identified areas needing clarification
at MSUMRA Section 82–4–226. We
notified Montana of our concerns by
letter dated November 22, 2011
(Administrative Record ID No. OSM–
2011–0012–0005).
We delayed final rulemaking to afford
Montana the opportunity to submit new
material to address the concerns.
Montana responded in a letter dated
December 22, 2011, by submitting
additional explanatory information
(Administrative Record ID No. OSM–
2011–0012–0006). Based upon
Montana’s additional explanatory
information for its amendment, we
reopened the public comment period in
the March 27, 2012, Federal Register
[(77 FR 18149); (Administrative Record
Document ID No. OSM–2011–0012–
0007)] and provided an opportunity for
a public hearing or meeting on the
adequacy of the revised amendment. We
did not hold a public hearing or meeting
because no one requested one. We
received comments from the State
Historic Preservation Office, the Mine
Safety and Health Administration, the
US Geological Survey, and the Bureau
of Land Management (Administrative
Record ID No. OSM–2011–0012–0011).
In a letter dated October 5, 2012
(Administrative Record Document ID
VerDate Mar<15>2010
15:25 Dec 11, 2012
Jkt 229001
No. OSM–2011–0012–0013), Montana
notified us that they were withdrawing
the proposed amendment at this time.
Montana stated in the letter that they
were submitting additional rule
language to be reviewed informally by
OSM in anticipation of promulgation of
the revised rule through the Montana
State Legislature sometime around April
2013.
List of Subjects in 30 CFR Part 926
Intergovernmental relations, Surface
mining, Underground mining.
Accordingly, the proposed rule
published October 17, 2011, at 76 FR
64047, is withdrawn December 12,
2012.
Dated: October 16, 2012.
Allen D. Klein,
Regional Director, Western Region.
[FR Doc. 2012–30031 Filed 12–11–12; 8:45 am]
BILLING CODE 4310–05–P
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
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; reopening and
extension of public comment period on
proposed amendment.
AGENCY:
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 regulations.
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 methods:
• 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
SUMMARY:
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
Division, Office of Surface Mining
Reclamation and Enforcement, 1999
Broadway, Suite 3320, Denver, CO,
80202, (303)293–5012,
kwalker@OSMRE.gov.
• Fax: (303) 293–5017.
• Federal eRulemaking Portal: https://
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 locations:
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, Chief, Denver Field
Division, Telephone: (303)293–5012,
Internet address: kwalker@OSMRE.gov.
SUPPLEMENTARY INFORMATION:
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
E:\FR\FM\12DEP1.SGM
12DEP1
Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Proposed Rules
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.
emcdonald on DSK67QTVN1PROD with
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 under
ADDRESSES.
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–2012–0015–0008).
VerDate Mar<15>2010
15:25 Dec 11, 2012
Jkt 229001
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.
73967
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.
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 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.
List of Subjects in 30 CFR Part 944
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.
AGENCY:
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 Review).
Other Laws and Executive Orders
Affecting Rulemaking
When a State submits a program
amendment to OSM for review, our
PO 00000
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Fmt 4702
Sfmt 4702
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]
BILLING CODE 4310–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2011–1062]
RIN 1625–AA09
Drawbridge Operation Regulation;
Bear Creek, Dundalk, MD
ACTION:
Coast Guard, DHS.
Proposed rule; withdrawal.
The Coast Guard is
withdrawing its proposed rule
concerning the proposed change to
regulations governing the operation of
the Baltimore County highway bridge at
Wise Avenue across Bear Creek, mile
3.4, between Dundalk and Sparrows
Point, MD. The proposed change would
have altered the current four hour
advance notice requirement for a bridge
opening to a 48-hour advance notice for
a bridge opening.
DATES: The notice of proposed
rulemaking is withdrawn on December
12, 2012.
ADDRESSES: The docket for this
withdrawn rulemaking is available for
inspection or copying at the Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
SUMMARY:
E:\FR\FM\12DEP1.SGM
12DEP1
Agencies
[Federal Register Volume 77, Number 239 (Wednesday, December 12, 2012)]
[Proposed Rules]
[Pages 73966-73967]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29970]
-----------------------------------------------------------------------
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; 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
regulations.
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
methods:
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,
kwalker@OSMRE.gov.
Fax: (303) 293-5017.
Federal eRulemaking Portal: https://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
locations:
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, Chief, Denver Field
Division, Telephone: (303)293-5012, Internet address:
kwalker@OSMRE.gov.
SUPPLEMENTARY INFORMATION:
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
under ADDRESSES.
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-
0015-0008).
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
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 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
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 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]
BILLING CODE 4310-05-P