[Federal Register Volume 64, Number 116 (Thursday, June 17, 1999)]
[Notices]
[Pages 32520-32521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15400]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
Notice of Proposed Information Collection
AGENCY: Office of Surface Mining Reclamation and Enforcement.
ACTION: Notice and request for comments.
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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
Office of Surface Mining Reclamation and Enforcement (OSM) is
announcing that the information collection request for 30 CFR Part 778,
Permit Applications--Minimum Requirements for Legal, Financial,
Compliance, and Related Information, has been forwarded to the Office
of Management and Budget (OMB) for review and reauthorization. This
information collection was previously approved and assigned clearance
number 1029-0034. This notice describes the nature of the information
collection and the expected burden and cost.
DATES: OMB has up to 60 days to approved or disapprove the information
collection but may respond after 30 days. Therefore, public comments
should be submitted to OMB by July 19, 1999, in order to be assured of
consideration.
FOR FURTHER INFORMATION CONTACT: To request a copy of the information
collection request, explanatory information and related form, contact
John A. Trelease at (202) 208-2783, or electronically to
jtreleas@osmre.gov.
SUPPLEMENTARY INFORMATION: The Office of Management and Budget (OMB)
regulations at 5 CFR 1320, which implement provisions of the Paperwork
Reduction Act of 1995 (Pub. L. 104-13), require that interested members
of the public and affected agencies have an opportunity to comment on
information collection and recordkeeping activities (see 5 CFR
1320.8(d)). OSM has submitted a request to OMB to renew its approval of
the collection of information for 30 CFR Part 778, Permit
Applications--Minimum Requirements for Legal, Financial, Compliance,
and Related Information. OSM is requesting a 3-year term of approval
for this information collection activity.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control number for this
collection of information is listed in 30 CFR Part 778, which is 1029-
0034.
As required under 5 CFR 1320.8(d), a Federal Register notice
soliciting comments on the collection of information was published on
January 13, 1999 (64 FR 2231). This notice gave the public 60 days in
which to comment on the need for the collection of information, the
accuracy of the burden estimate, ways to enhance the information
collection, and ways to minimize the burden of respondents.
OSM received one comment from an industry group. Although afforded
the opportunity, this commenter did not provide any substantive
suggestions regarding the need for the collection, accuracy of the
estimated burden, or methods to improve the collection. However, the
commenter did state that OMB should disapprove the information
collection request. OSM published an Interim Final rule on April 21,
1997 (62 FR 19540), which altered regulatory language at 30 CFR Part
778. The commenter stated that, since OSM did not prepare an
information collection package with a notice and comment period ``OMB
should disapprove the ICs [information collections] contained in the
IFR (interim final rule], until such time as OSM publishes the ICs in
the Federal Register for public comment, as required by the Paperwork
Reduction Act (PRA] and OMB regulations.''
When it promulgated the IFR on April 21, 1997, OSM explained that
the IFR ``does not contain collections of information which require
approval by [OMB] under [the PRA]. OMB has previously approved the
collection activities and assigned clearance numbers. * * *'' 62 FR
19450, 19457, 19459 (April 21, 1997). OSM based this statement on the
good faith belief that, for PRA purposes, the collections of
information contained in the IFR do not represent ``material or
substantive'' modifications to the currently approved collections of
information which were associated with the prior ownership and control
rules, and therefore, did not require notice and comment from the
public, nor OMB approval. (Importantly, the IFR impose no new
information requirements on permit applicant's rather, the IFR actually
pose less of a burden to applicants, as they require submission of
slightly less, though largely the same, information as the prior permit
information rule. Indeed, all of the information called for in Part
[[Page 32521]]
778 of the IFR was covered by the currently valid OMB control number
associated with the prior rule.)
Even if the IFR's collections of information were material or
substantive, OSM's current renewal effort relative to 30 CFR Part 778
will cure any procedural or technical defects by affording the
respondent pool with the same notice and opportunity to comment that
would have been provided had OSM submitted the IFR to the PRA's notice
and comment procedures; the notice and comment provisions for renews
are substantially identical to the provisions for collections for
information contained in an interim final rule. 5 CFR 1320.10, 120.12.
Furthermore, this renewal package reflects all changes in the IFR from
the prior permit information rule, so the respondents will have a full
and fair opportunity to comment on the collections of information
embodied in the IFR. OSM believes that the collections of information
contained in the IFR should in any case remain valid pending OMB's
review of the approval package.
As required by the PRA, OSM will seek an additional 30-day comment
period regarding this information collection activity upon OSM
submission of this clearance request to OMB for review. All interested
parties will have another opportunity in which to submit substantive
comments on the following information collection activity:
Title: Permit Applications--Minimum Requirements for Legal,
Financial, Compliance, and Related Information--30 CFR 778.
OMB Control Number: 1029-0034.
Summary: Section 507(b) of P.L. 95-87 provides persons conducting
coal mining activities submit to the regulatory authority all relevant
information regarding ownership and control of the property affected,
their compliance status and history. This information is used to insure
all legal, financial and compliance requirements are satisfied prior to
issuance or denial of a permit.
Bureau Form Number: None.
Frequency of Collection: Once.
Description of Respondents: Surface coal mining permit applicants
and State regulatory authorities.
Total Annual Responses: 420.
Total Annual Burden Hours: 16,261.
Send comments on the need for the collection of information for the
performance of the functions of the agency; the accuracy of the
agency's burden estimates; ways to enhance the quality, utility and
clarity of the information collection; and ways to minimize the
information collection burden on respondents, such as use of automated
means of collection of the information, to the following address.
Please refer to OMB control number 1029-0034 in all correspondence.
ADDRESSES: Office of Information and Regulatory Affairs, Office of
Management and Budget, Attention: Department of Interior Desk Officer,
725 17th Street, NW, Washington, DC 20503, and to John A. Trelease,
Office of Surface Mining Reclamation and Enforcement, 1951 Constitution
Ave, NW, Room 210-SIB, Washington, DC 20240.
Dated: June 14, 1999.
Richard G. Bryson,
Chief, Division of Regulatory Support.
[FR Doc. 99-15400 Filed 6-16-99; 8:45 am]
BILLING CODE 4310-05-M
