[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 
[email protected].

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