[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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