[Federal Register Volume 59, Number 131 (Monday, July 11, 1994)]
[Unknown Section]
[Page 0]
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