[Federal Register Volume 60, Number 58 (Monday, March 27, 1995)]
[Rules and Regulations]
[Pages 15680-15682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7436]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 944
Utah Permanent Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: OSM is approving a proposed amendment to the Utah permanent
regulatory program (hereinafter referred to as the ``Utah program'')
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA, 30
U.S.C. 1201 et seq.). Utah proposed revisions to its rules pertaining
to the confidentiality of coal exploration information. The amendment
is intended to revise the Utah program to be consistent with the
corresponding Federal regulations.
EFFECTIVE DATE: March 27, 1995.
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 for the regulation of coal exploration and
coal mining and reclamation operations on non-Federal and non-Indian
lands. General background information on the Utah program, including
the Secretary's findings, the disposition of comments, and an
explanation of the conditions of approval of the Utah program can be
found in the January 21, 1981, Federal [[Page 15681]] Register (46 FR
5899). Actions taken subsequent to approval of the Utah program are
codified at 30 CFR 944.15, 944.16, and 944.30.
II. Submission of Proposed Amendment
By letter dated September 9, 1994, Utah submitted a proposed
amendment to its program pursuant to SMCRA and the Federal regulations
at 30 CFR chapter VII (administrative record No. UT-971). Utah
submitted the proposed amendment in response to the required program
amendment at 30 CFR 944.16(a) (59 FR 35255, 35258-9, July 11, 1994).
The provisions of the Utah Coal Mining Rules that Utah proposed to
revise were at Utah Administrative Rule (Utah Admin. R.) 645-203-200
and pertain to the public availability and confidentiality of coal
exploration information.
OSM announced receipt of the proposed amendment in the September
27, 1994, Federal Register (59 FR 49227), provided an opportunity for a
public hearing or meeting on its substantive adequacy, and invited
public comment on its adequacy (Administrative Record No. UT-976).
Because no one requested a public hearing or meeting, none was held.
The public comment period ended on October 27, 1994.
During its review of the amendment, OSM identified concerns
relating to the proposed provisions of Utah's rule. OSM notified Utah
of the concerns by letter dated November 15, 1994 (administrative
record No. UT-991). Utah responded in a letter dated January 5, 1995,
by submitting a revised amendment and additional explanatory
information (Administrative Record No. UT-1003).
Based upon the revisions of and the additional explanatory
information for the proposed amendment submitted by Utah, OSM reopened
the public comment period in the January 24, 1995, Federal Register (60
FR 4581, Administrative Record No. UT-1009). The public comment period
ended February 8, 1995.
III. Director's Findings
As discussed below, the Director, in accordance with SMCRA and 30
CFR 732.15 and 732.17, finds that the proposed program amendment
submitted by Utah on September 9, 1994, and as revised by it and
supplemented with additional explanatory information on January 5,
1995, is no less effective than the corresponding Federal regulations.
Accordingly, the Director approves the proposed amendment.
Utah Admin. R. 645-203-200, Public Availability and Confidentiality of
Coal Exploration Information
In response to the required amendment at 30 CFR 944.16(a) Utah
proposed to revise its coal exploration rule at Utah Admin. R. 645-203-
200 concerning the obligation of the State to keep information
submitted with a coal exploration permit application confidential. As
proposed, the rule would provide that--
[T]he Division [of Oil, Gas and Mining] will not make
information available for public inspection, if the person
submitting it requests in writing, at the time of submission, that
it not be disclosed and the information concerns trade secrets or is
privileged commercial or financial information relating to the
competitive rights of the persons intending to conduct coal
exploration.
(emphasis added).
Proposed Utah Admin. R. 645-203-200 includes two confidentiality
criteria that are joined by the word ``and.'' The first criteria is
that the person submitting the information request that the information
be kept confidential. The second criterion is that the information
concern trade secrets or other privileged commercial or financial
information relating to the competitive rights of the person intending
to conduct coal exploration operations. Both criteria must be satisfied
before Utah would keep coal exploration confidential. Proposed Utah
Admin. R. 645-203-200 contains the same confidentiality requirements as
are contained in the counterpart Federal regulation at 30 CFR
772.15(b).
However, the second criterion of proposed Utah Admin. R. 645-203-
200, which requires that the information the applicant wishes to remain
confidential must concern trade secrets or other privileged commercial
information, is already present in the Utah program at existing Utah
Admin. R. 645-203-210. This provision of the Utah program provides
that--
[T]he Division will keep information confidential if it concerns
trade secrets or is privileged commercial or financial information
which relates to the competitive rights of the person intending to
conduct coal exploration.
By letter dated November 15, 1994, OSM asked Utah to clarify what
effect, if any, the similarity between these two provisions would have
on the implementation of Utah's coal exploration rules. By letter dated
January 5, 1995, Utah responded that the existing rule at Utah Admin.
R. 645-203-210 would only apply in situations where the first criterion
of Utah Admin. R. 645-203-200 also applied. Under this interpretation,
the existing provision at Utah Admin. R. 645-203-210 is simply extra
regulatory language that is redundant with the second criterion in
proposed Utah Admin. R. 645-203-200. This redundant language does not
render proposed Utah Admin. R. 645-203-200 less effective than the
corresponding Federal regulation at 30 CFR 772.15(b).
Because proposed Utah Admin. R. 645-203-200 and existing Utah
Admin. R. 645-203-210, concerning the public availability and
confidentiality of coal exploration information, require the same
criteria in determining whether coal exploration information is to be
kept confidential and provide for the same responsibility in keeping
such information confidential as does 30 CFR 772.15(b), the Director
finds that proposed Utah Admin. R. 645-203-200 is no less effective
than 30 CFR 772.15(b). The Director approves the proposed rule and
removes the required amendment at 30 CFR 944.16(a).
IV. Summary and Disposition of Comments
Following are summaries of all oral and written comments on the
proposed amendment that were received by OSM, and OSM's responses to
them.
1. Public Comments
OSM invited public comments on the proposed amendment, but none
were received.
2. Federal Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(i), OSM solicited comments on the
proposed amendment from various Federal agencies with an actual or
potential interest in the Utah program.
The U.S. Army Corps of Engineers responded on October 12, 1994, and
January 31, 1995, that it found the changes to be satisfactory
(administrative record Nos. UT-981 and UT-1018).
By memorandum dated October 26, 1994, the U.S. Fish and Wildlife
Service stated that it had reviewed the changes and had found nothing
that would be detrimental to fish and wildlife resources
(administrative record No. UT-986).
By letter dated January 6, 1995, the Mine Safety and Health
Administration (MSHA) stated that MSHA personnel had reviewed the
amendment and that there appeared to be no conflicts with the
requirements of 30 CFR pertaining to coal mine safety and health
(administrative record No. UT-1004).
The Bureau of Mines responded in a telephone conversation on
January 18, 1995, that it had no comments on the
[[Page 15682]] proposed amendment (administrative record No. UT-1007).
3. Environmental Protection Agency (EPA) Concurrence and Comments
Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to solicit
the written concurrence of EPA with respect to those provisions of the
proposed program amendment that relate to air or water quality
standards promulgated under the authority of the Clean Water Act (33
U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).
None of the revisions that Utah proposed to make in its amendment
pertain to air or water quality standards. Therefore, OSM did not
request EPA's concurrence.
Pursuant to 30 CFR 732.17(h)(11)(i), OSM solicited comments on the
proposed amendment from EPA (administrative record Nos. UT-972 and UT-
1008). It responded on September 29, 1994, and February 1, 1995
(administrative record Nos. UT-975 and UT-1017), that it had no
comments on the amendment and that it believed there would be no
impacts to water quality standards promulgated under authority of the
Clean Water Act, as amended (33 U.S.C. 1251 et seq.).
4. State Historic Preservation Officer (SHPO)
Pursuant to 30 CFR 732.17(h)(4), OSM solicited comments on the
proposed amendment from the SHPO (administrative record Nos. UT-972 and
UT-1008). The SHPO did not respond to OSM's requests.
V. Director's Decision
Based on the above finding, the Director approves Utah's proposed
amendment as submitted on September 9, 1994, and as revised by it and
supplemented with additional explanatory information on January 5,
1995.
The Director approves Utah Admin. R. 645-203-200, concerning the
confidentiality of coal exploration information, and removes 30 CFR
944.16(a), which required Utah to revise this rule. The Director
approves the rule as proposed by Utah with the provision that it be
fully promulgated in identical form to the rule submitted to and
reviewed by OSM and the public.
The Federal regulations at 30 CFR part 944, codifying decisions
concerning the Utah program, are being amended to implement this
decision. This final rule is being made effective immediately to
expedite the State program amendment process and to encourage States to
bring their programs into conformity with the Federal standards without
undue delay. Consistency of State and Federal standards is required by
SMCRA.
VI. Procedural Determinations
1. Executive Order 12866
This final rule is exempted from review by the Office of Management
and Budget (OMB) under Executive Order 12886 (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 1255) 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 of 1969 (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.
List of Subjects in 30 CFR Part 944
Intergovernmental relations, Surface mining, Underground mining.
Dated: March 20, 1995.
Charles E. Sandberg,
Acting Assistant Director, Western Support Center.
For the reasons set out in the preamble, title 30, chapter VII,
subchapter T of the Code of Federal Regulations is amended as set forth
below:
PART 944--UTAH
1. The authority citation for part 944 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 944.15 is amended by adding paragraph (cc) to read as
follows:
Sec. 944.15 Approval of amendments to State regulatory program.
* * * * *
(cc) Revisions to Utah Admin. R. 645-203-200, confidentiality of
coal exploration information, as submitted to OSM on September 9, 1994,
and as revised and supplemented with additional explanatory information
on January 5, 1995, are approved effective March 27, 1995.
Sec. 944.16 [Amended]
3. Section 944.16 is amended by removing and reserving paragraph
(a).
[FR Doc. 95-7436 Filed 3-24-95; 8:45 am]
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