[Federal Register Volume 59, Number 131 (Monday, July 11, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16656]
[[Page Unknown]]
[Federal Register: July 11, 1994]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
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, with an additional requirement, 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). Utah proposes revisions to its
rules pertaining to the scope of rulemaking and promulgation of rules,
petitions to initiate rulemaking, hearing requirements for designating
areas unsuitable for coal mining, confidentiality of coal exploration
information, permit application requirements pertaining to blasting and
hydrology, and mining in special areas, specifically prime farmland and
alluvial valley floors. The amendment incorporates the additional
flexibility afforded by the revised Federal regulations, clarifies
ambiguities, and improves operational efficiency.
EFFECTIVE DATE: July 11, 1994.
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 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 August 2, 1993 (administrative record No. UT-851),
Utah submitted to OSM a proposed amendment to its program pursuant to
SMCRA, 30 U.S.C. 1201-1328, and the Federal regulations at 30 CFR
Chapter VII (the Federal regulations). Utah submitted the proposed
amendment at its own initiative. Utah proposed revisions to the Utah
Rules of Practice and Procedure of the Board of Oil, Gas and Mining
(Board) at Utah Administrative Rules (Utah Admin. R.) 641-112-100,
scope of rulemaking, and 641-112-200, promulgation of rules. Utah also
proposed revisions to the Utah Coal Mining Rules at Utah Admin. R. 645-
100-500, petitions to initiate rulemaking; 645-103-441, hearing
requirement for designating areas unsuitable for coal mining and
reclamation operations; 645-203-200, confidentiality of coal
exploration information; 645-301-524.661, permit application blasting
level chart; 645-301-731.760, permit application cross sections and
maps showing hydrologic information; and 645-302-314.110 and 645-302-
323.310, special areas of mining, specifically prime farmland and
alluvial valley floors.
Utah proposed to delete the scope of rulemaking provision at Utah
Admin. R. 641-112-100 that requires the Board to promulgate such
procedural and substantive rules it deems useful or necessary to
implement statutory duties, fulfill its statutory obligations, or
interpret the statutory authority under which it operates. At Utah
Admin. R. 641-112-200, Utah proposed to revise the procedures for
promulgation of rules to provide that the Board will promulgate rules
under the authority provided at Utah Code Annotated (UCA) Sections 40-
6-5, 40-9-3.5(2), and 40-10-6(1). At Utah Admin. R. 645-100-500, Utah
proposed that persons other than the Division of Oil, Gas and Mining
(Division) or the Board may petition to initiate rulemaking pursuant to
Utah Admin. R. 641 and the Utah Administrative Rulemaking Act, UCA 63-
46-8. At Utah Admin. R. 645-103-441, Utah proposed that within 10
months after receipt of a complete petition to designate an area
unsuitable for coal mining, the Board shall hold a public hearing in
the locality of the area covered by the petition ``unless the
petitioners and intervenors agree.'' At Utah Admin. R. 645-203-200,
Utah proposed to revise its coal exploration confidentiality provision
to require that the Division 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 is
classified as being protected, private, or controlled under the Utah
Government Records Access and Management Act (GRAMA) or confidential
under other applicable State or Federal laws, rules, or regulations. At
Utah Admin. R 645-301-524.661, Utah proposed to delete the reference to
UCA 63-46a-3(7)(a) and reference only Figure 1 in the Federal
regulations at 30 CFR 817.67, which shows the maximum allowable ground
particle velocity for blasting operations. At Utah Admin. R. 645-301-
731.760, Utah proposed to add to its hydrology permit application
requirements that the Division may, depending on the structures and
facilities located in the permit area, require other relevant cross
sections and maps, in addition to those cross sections and maps already
specifically required by the State's existing rules. At Utah Admin. R.
645-302-314.110, Utah proposed to revise its prime farmland permit
application content requirements to indicate that U.S. Department of
Agriculture (USDA) Soils Handbooks 436 (Soil Taxonomy) and 18 (Soil
Survey Manual) are incorporated on the effective date, rather than the
date of adoption, of Utah Admin. R. 645. Also, at Utah Admin. R. 645-
302-314.110, Utah proposed to delete the statement that notices of
changes made to the USDA handbooks will be periodically published in
the Federal Register. At Utah Admin. R. 645-302-323.310, Utah proposed
to revise its alluvial valley floor water quality requirement by adding
language that incorporates by reference the specific publication by
Maas and Hoffman, ``Crop Salt Tolerance--Current Assessment,'' Table 1,
``Salt Tolerance of Agricultural Crops.''
OSM announced receipt of the proposed amendment in the August 27,
1993, Federal Register (58 FR 45305, administrative record No. UT-865),
and in the same document, opened the public comment period and provided
an opportunity for a public hearing on the substantive adequacy of the
proposed amendment. The public comment period closed on September 27,
1993. The public hearing, scheduled for September 21, 1993, was not
held because no one requested an opportunity to testify.
During its review of the amendment, OSM identified concerns for (1)
Utah Admin. R. 641-112, regarding the incorrect reference to its
rulemaking authority at UCA 40-9-3.5(2), which was repealed by Utah in
1993; (2) Utah Admin. R. 645-103-441, regarding the need for agreement
between the petitioners and intervenors to change the location of a
public hearing on a petition to designate lands unsuitable for mining;
(3) Utah Admin. R. 645-203-200, regarding the proposed deletion of the
phrase ``and the information is confidential,'' which would impart a
change in the criteria for determining coal exploration information
that is or is not allowed to be held confidential under the Utah
program, and the proposed reference to Utah's GRAMA in that certain
aspects of GRAMA were previously found to be less effective than the
Federal regulations with regard to the restrictions Utah's GRAMA
imposes on the availability of coal exploration information; and (4)
Utah Admin. R. 645-302-314.110, regarding the need to use the prime
farmland soil survey standards in USDA Handbook 436, as it existed on
October 5, 1982, and USDA Handbook 18, as it existed on November 16,
1982. OSM notified Utah of these concerns by letter dated December 9,
1993 (administrative record No. UT-878).
By letter dated January 7, 1994, Utah responded to OSM's concerns
by submitting revisions to its proposed program amendment
(administrative record No. UT-881). Utah proposed the following
revisions to its existing rules. At Utah Admin. R. 641-112, Utah
proposed to reference UCA 40-8-6(1), which applies to rulemaking
authority under the Utah Mined Land Reclamation Act. At Utah Admin. R.
645-103-441, Utah proposed that (1) unless the petitioners and
intervenors agree otherwise, the Board shall hold a public hearing
within 10 months after receipt of a complete petition to designate
lands unsuitable for mining; (2) if all petitioners and intervenors
agree that a public hearing is not needed, the hearing need not be
held; and (3) all hearings held under Utah Admin. R. 645-103-441 will
be held in the locality of the area covered by the petition. At Utah
Admin. R. 645-203-200, Utah proposed to require that the Division will
not make coal 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 is confidential under the
standards of the Federal Act (SMCRA). At Utah Admin. R. 645-302-
314.110, Utah proposed to require that USDA Soils Handbooks 436 and 18
are incorporated by reference as they respectively existed on October
5, 1982, and November 16, 1982.
OSM announced receipt of the revised amendment in the January 24,
1994, Federal Register (59 FR 3530, administrative record No. UT-887)
and in the same document, reopened and extended the public comment
period. The comment period closed February 8, 1994.
III. Director's Findings
As discussed below, the Director, in accordance with SMCRA and the
Federal regulations at 30 CFR 732.15 and 732.17, finds, with an
additional requirement, that the proposed program amendment as
submitted by Utah on August 2, 1993, and as revised on January 7, 1994,
is no less effective than the corresponding Federal regulations.
1. Nonsubstantive Revisions to Utah's Rules
Utah proposed revisions to the following previously-approved rules
that are nonsubstantive in nature and consist of minor editorial and
punctuation changes (corresponding Federal regulations are listed in
parentheses):
Utah Admin. R. 645-103-441 (30 CFR 764.17), hearing requirements
for designating areas unsuitable for coal mining and reclamation
operations,
Utah Admin. R. 645-301-731.760 (30 CFR 779.24, 779.25, and 780.14
for surface mining, and 783.24, 783.25, and 784.23 for underground
mining), permit application cross sections and maps showing hydrologic
information, and
Utah Admin. R. 645-302-323.310 (30 CFR 785.19), special areas of
mining, specifically alluvial valley floors.
Because the proposed revisions to these previously-approved Utah
rules are nonsubstantive in nature, the Director finds that these
proposed Utah rules are no less effective than the Federal regulations.
The Director approves these proposed rules.
2. Substantive Revisions to Utah's Rules That Are Substantively
Identical to the Corresponding Provisions of the Federal Regulations
In a parenthetical note, existing Utah Admin. R. 645-301-524.661
(1) incorporates by reference Figure 1 in the Federal regulations at 30
CFR 817.67, which shows the maximum allowable ground vibration for
blasting operations, (2) cites its administrative procedures statute at
UCA 63-46a-3(7)(a) as the authority for incorporating this figure into
its rules, and (3) indicates that the figure can be viewed in the
Division's office.
Utah proposed to delete the reference to its statutory authority
for incorporating the figure from the Federal regulations into its
rules. This deletion does not render Utah Admin. R. 645-301-524.661
less effective than the Federal regulations at 30 CFR 816.67(d)(4)(i).
In fact, the proposed State rule includes requirements that are
substantively identical to the requirements of the Federal regulation.
Therefore, the Director approves the proposed rule.
3. Utah Admin. R. 641-112, Scope of Rulemaking and Promulgation of
Rules
Utah proposed to delete Utah Admin. R. 641-112-100, relating to
scope of rulemaking. The effect of this proposed deletion on the Utah
program is nonsubstantive because (1) this rule only generally
described Utah's authority to promulgate rules for its statutes and (2)
the concepts contained in this rule are repeated with more specificity
at Utah Admin. R. 641-112-200, which Utah proposed to recodify as Utah
Admin. R. 641-112.
Utah proposed to revise recodified Utah Admin. R. 641-112, to
indicate that the Board will promulgate rules under the authority of
UCA 40-6-5, 40-8-6(1), and 40-10-6(1).
UCA 40-6-5, a provision of the Utah Oil and Gas Conservation Act,
provides the statutory authority for jurisdiction of the Board over
oil, gas, and mining operations. UCA 40-8-6(1), a provision of the Utah
Mined Land Reclamation Act, provides that, in addition to the powers,
functions, and duties provided to the Board in UCA 40-6, the Board has
the power, function, and duty ``to enact rules according to the
procedures and requirements of Title 63, Chapter 46a, that are
reasonably necessary to carry out the purposes of this chapter.'' UCA
40-10-6(1), a provision of the Utah Coal Mining and Reclamation Act,
provides that, in addition to the powers, functions, and duties of the
Board and Division provided in UCA 40-8, the Board and Division have
the power, function and duty ``to make and promulgate in accordance
with Title 63, Chapter 46a, the Utah Administrative Rulemaking Act,
such rules as are specifically necessary for the regulation of coal
mining operations and reclamation operations.''
The proposed references in Utah Admin. R. 641-112 to UCA 40-6-5,
40-8-6(1), and 40-10-6(1), which give the Board the necessary powers to
enact rules regulating oil, gas and mining operations, are consistent
with the Federal regulation at 30 CFR 732.15(b), which requires a State
regulatory authority to possess the authority, under State law, to
implement, administer, and enforce all of the applicable requirements
of Subchapter K of the Federal regulations. Therefore, the Director
approves the proposed rule.
4. Utah Admin. R. 645-100-500, Petition to Initiate Rulemaking
Utah proposed to revise Utah Admin. R. 645-100-500 to provide that
``persons other than the Division or Board'' may petition to initiate
rulemaking pursuant to the Rules of Practice and Procedure of the Board
at Utah Admin. R. 641 and the Utah Administrative Rulemaking Act at UCA
63-46-8.
Utah's definition of ``person'' at UCA 40-10-3(14) is substantively
identical to the definition of ``person'' at section 701(19) of SMCRA.
Also, Utah's definition of ``person'' at Utah Admin. R. 645-100-200 is
substantively identical to the definition of ``person'' in the Federal
regulations at 30 CFR 700.5. Both definitions include units and
instrumentalities ``of Federal, State, or local government,'' such as
the Board and the Division.
The Federal regulations at 30 CFR 700.12 provide that any person
may petition the Director to initiate a proceeding for the issuance,
amendment, or repeal of any regulation under SMCRA. Utah's proposed
revision would appear to prohibit the Division or Board from
petitioning to initiate rulemaking. There is no similar prohibition
provided in the Federal regulations at 30 CFR 700.12, which allow any
person, including groups, organizations, and other entities, regardless
of affiliation, to petition to initiate rulemaking.
However, at UCA 40-10-6(1) (Powers, Functions, and Duties of the
Board and Division), the Board and Division have the authority to make
and promulgate rules for the regulation of coal mining operations and
reclamation operations. Therefore, it is not necessary for either the
Board or the Division to have the right to petition to initiate
rulemaking. Under UCA 40-10-6(1), the Board and Division, as the
governmental entities entrusted with the regulation of surface coal
mining in Utah, are the initiators of rulemaking.
OSM specifically interprets the proposed amendment, however, to
allow an individual member of the Board or employee of the Division, in
his or her capacity as an individual, to petition the Board to initiate
rulemaking. Section 102(i) of SMCRA provides that one of its purposes
is the protection of the right of the public to participate in the
rulemaking process. Utah may not deny any member of the Board or any
employee of the Division the right to petition the Board for
rulemaking, as such a denial would render the State program
inconsistent with section 102(i) of SMCRA.
On this basis, the Director (1) finds that Utah Admin. R. 645-100-
500 is no less effective than the Federal regulations at 30 CFR 700.12
and (2) approves the proposed rule.
5. Utah Admin. R. 645-302-314.110, Permit Application Contents for
Prime Farmland
Utah proposed to revise Utah Admin. R. 645-302-314.110 to provide
that, with respect to prime farmland soil survey standards, the U.S.
Department of Agriculture Handbooks 436 and 18 are incorporated by
reference as they respectively existed on October 5, 1982, and November
16, 1982.
The Federal regulation at 30 CFR 785.17(c)(1)(i) provides that U.S.
Department of Agriculture Handbooks 436 and 18 are incorporated by
reference as they existed on October 5, 1982, and November 16, 1982.
Therefore, the USDA handbooks incorporated by reference into Utah
Admin. R. 645-302-314.110, and handbooks incorporated by reference into
the Federal regulation, are the same. On the basis, the Director (1)
finds that Utah Admin. R. 645-302-314.110 is no less effective than the
Federal regulation at 30 CFR 785.17(c) (1)(i) and (2) approves the
proposed rule.
6. Utah Admin. R. 645-203-200, Confidentiality of Coal Exploration
Information
Utah proposed to revise Utah Admin. R. 645-203-200 to provide that
the information submitted as part of a coal exploration permit is
confidential (1) if the person submitting it requests in writing at the
time of submission that it not be disclosed and (2) the information is
confidential under the standards of the ``Federal Act.''
At Utah Admin. R. 645-100-200, Utah defines the ``Federal Act'' to
mean SMCRA. The Federal regulation at 30 CFR 772.15(b), which
implements SMCRA and corresponds to Utah's proposed rule, provides that
information shall be kept confidential if (1) the person submitting it
requests in writing at the time of submission that it not be disclosed
and (2) 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.
The reference to the ``Federal Act'' in proposed Utah Admin. R.
645-203-200 lacks specificity and could be interpreted in a manner that
is inconsistent with the second part of 30 CFR 772.15(b), which
requires that information can be kept confidential only if it concerns
trade secrets or is privileged commercial or financial information
relating to the competitive rights of the persons intending to conduct
coal exploration.
The Director, for the reasons stated above, approves proposed Utah
Admin. R. 645-203-200, but requires Utah to submit an additional
amendment providing that coal exploration permit application
information may not be kept confidential unless it concerns trade
secrets or is privileged commercial or financial information relating
to the competitive rights of the persons intending to conduct coal
exploration.
IV. Summary and Disposition of Comments
1. Public Comments
The Director solicited public comments and provided an opportunity
for a public hearing on the proposed amendment. No public comments were
received, and because no one requested an opportunity to testify at a
public hearing, no hearing was held.
2. Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited
comments on Utah's proposed amendment from the Administrator of the
U.S. Environmental Protection Agency (EPA), the Secretary of the U.S.
Department of Agriculture, and various other Federal agencies with an
actual or potential interest in the Utah program.
Mine Safety and Health Administration (MSHA).--By letter dated
October 7, 1993, MSHA raised a concern that in one area Utah's proposed
rules may conflict with MSHA's 30 CFR part 77 regulations
(administrative record No. UT-873). MSHA stated that the proposed rules
refer to tables and charts regarding allowable airblast, ground
vibration, and particle velocity due to surface blasting but that
MSHA's regulations do not specify and/or limit these values for surface
blasting. MSHA also stated that, in addition, its regulation at 30 CFR
77.1303(j) provides for the protection of underground miners when
surface blasting occurs.
With respect to MSHA's statement that its regulations at 30 CFR
part 77 do not limit surface mines for airblast, ground vibration, and
particle velocity, the Director, as discussed in finding No. 2, finds
that Utah's surface mining blasting limitations at Utah Admin. R. 645-
301-524.661 are substantively identical to, and no less effective than,
OSM's regulations at 30 CFR 816.67(d).
With respect to MSHA's statement that its regulation at 30 CFR
77.1303(j) provides for the protection of underground miners when
surface blasting occurs, the Director notes that existing rules in the
Utah program, and the corresponding Federal regulations, provide for
such protection.
With respect to MSHA's implication that Utah's surface mine
blasting rules should also provide protection for underground miners,
Utah Admin. R. 645-301-524 and 524.641, and the Federal regulations at
30 CFR 816.61(d)(1)(ii) and 816.67(d)(1), require that (1) blasting
operations conducted within 500 feet of active underground mines must
have MSHA approval and (2) underground mines must be protected from
damage by establishment of a maximum allowable limit for ground
vibration before initiation of blasting.
For the reasons discussed above, the Director is not requiring Utah
to modify its rules in response to MSHA's comments.
By letter dated February 28, 1994 (administrative record No. UT-
896), MSHA responded to the revisions proposed by Utah in its January
7, 1994, submittal (administrative record No. UT-881), by stating that
``it appears there is no conflict with the requirements of 30 CFR.''
Other Agencies.--By letters dated August 25, 1993, and January 27,
1994, the U.S. Army Corps of Engineers stated that it found the changes
to Utah's regulatory program to be satisfactory (administrative record
Nos. UT-863 and UT-890).
By letter dated August 26, 1993, the Bureau of Mines stated that it
had no comment because the amendment would not affect minerals other
than coal (administrative record No. UT-864).
By letters dated August 27, 1993, and February 1, 1994
(administrative record Nos. UT-867 and UT-892), EPA stated that it had
no comments on the proposed amendment.
By letter dated February 14, 1994, the U.S. Fish and Wildlife
Service stated it found nothing of significant concern to the Fish and
Wildlife Service (administrative record No. UT-895).
3. Environmental Protection Agency (EPA) Concurrence
Pursuant to 30 CFR 732.17(h)(11)(ii), the Director is required to
solicit the written concurrence of the Administrator 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 rules
pertain to air or water quality standards. Therefore, OSM did not
request EPA's concurrence with the proposed amendment (administrative
record No. UT-857).
4. State Historic Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Pursuant to 30 CFR 732.17(h)(4), the Director provided the proposed
amendment to the SHPO and the ACHP for comment. Neither the SHPO nor
the ACHP provided any comments to OSM.
V. Director's Decision
Based on the above findings, the Director approves, with an
additional requirement, the proposed amendment that Utah submitted on
August 2, 1993, as subsequently revised on January 7, 1994.
As discussed in finding Nos. 1, 2, 3, 4, and 5, the Director
approves Utah Admin. R. 645-103-441, 645-301-731.760, 645-302-323.310;
645-301-524.661; 641-112; 645-100-500; and 645-302-314.110.
As discussed in finding No. 6, the Director approves Utah Admin. R.
645-203-200 but requires Utah to revise it to provide that coal
exploration permit application information may not be kept confidential
unless it concerns trade secrets or is privileged commercial or
financial information relating to the competitive rights of the persons
intending to conduct coal exploration.
The Director approves the rules as proposed by Utah with the
provision that they be fully promulgated in identical form to the rules
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 12550) 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. 1291(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 (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 which 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.
VII. List of Subjects in 30 CFR 944
Intergovernmental relations, Surface mining, Underground mining.
Dated: July 1, 1994.
Russell F. Price,
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 (z) to read as
follows:
Sec. 944.15 Approval of amendments to State regulatory program.
* * * * *
(z) Revisions to the following Utah Administrative Rules, as
submitted to OSM on August 2, 1993, and revised on January 7, 1994, are
approved effective July 11, 1994.
641-112 Promulgation of Rules
645-100-500 Petitions to Initiate Rulemaking
645-103-441 Hearing Requirements for Designating Areas Unsuitable for
Coal Mining and Reclamation Operations
645-203-200 Confidentiality of Coal Exploration Information
645-301-524.661 Permit Application Blasting Level Chart
45-301-731.760 Permit Application Cross Sections and Maps Showing
Hydrologic Information
645-302-314.110 Permit Application Contents for Prime Farmland
645-302-323.310 Special Areas of Mining, Specifically Alluvial Valley
Floors
3. Section 944.16 is amended by adding paragraph (a) to read as
follows:
Sec. 944.16 Required program amendments.
* * * * *
(a) By September 9, 1994, Utah shall submit a proposed amendment
for Utah Admin. R. 645-203-200 to specify that coal exploration permit
application information may not be kept confidential unless it concerns
trade secrets or is privileged commercial or financial information
relating to the competitive rights of the persons intending to conduct
coal exploration.
* * * * *
[FR Doc. 94-16656 Filed 7-8-94; 8:45 am]
BILLING CODE 4310-05-M
