[Federal Register Volume 65, Number 186 (Monday, September 25, 2000)]
[Notices]
[Pages 57618-57619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24529]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[UT-930-07-1320-00]


Release of Coal Exploration License Data, UTU-48608

ACTION: Notice of determination to allow public access to data from 
coal exploration license UTU-48608.

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SUMMARY: BLM regulations at 43 CFR 2.22 and 3410.4(b) provide that data 
obtained under an exploration license will be kept confidential until 
the lands have been leased or BLM determines that public access to the 
data would not damage the competitive position of the licensee, 
whichever comes first. Coal exploration License UTU-48068 was issued to 
Royal Land Company on August 4, 1981. Exploration on this license 
included drilling 15 holes in the vicinity of North Horn Mountain, 
Emery County, Utah. The lands covered by this license were offered for 
lease on May 29, 1982, and no bids were received. Since May 29, 1982, 
no application has been made for a lease on these lands in accordance 
with 43 CFR 3425. The coal interests in part of the lands contained 
within UTU-48068 were transferred to the State of Utah pursuant to the 
provisions of the Utah Schools and Lands Exchange Act of 1998.

[[Page 57619]]

    On December 19, 1996, BLM published its preliminary determination 
that release of the data would not damage the competitive position of 
the licensee or any participants in the Federal Register (61 FR 67061). 
Only one company responded with an assertion that their competitive 
position would be harmed by the release of the data. Shortly after this 
response, the respondent divested themselves of their coal interests. 
On August 18, 1999, a letter was sent to their apparent successor-in-
interest to enable them to provide any further information in support 
of an assertion that they might be harmed by BLM's release of the data. 
Their August 29, 1999, response expressed a desire to maintain 
confidentiality of the data but provided no information to support any 
assertion that their competitive position would be harmed by BLM 
allowing the data to become public. Therefore, in accordance with 43 
CFR 3410.4(b), BLM has determined that the data acquired by Royal Land 
Company and any participants in coal exploration license UTU-48608 can 
be made public without damage to the competitive position of the 
licensee or any participants. The coal exploration data, including 
drill hole logs and coal quality analyses, will be made public 
effective 30 days from publication of this notice. This decision may be 
appealed to the Interior Board of Land Appeals, Office of the 
Secretary, in accordance with the regulations contained in 43 CFR, Part 
4. If an appeal is taken, your notice of appeal must be filed with the 
Bureau of Land Management, Utah State Office, P.O. Box 45155, Salt Lake 
City, Utah 84145-0155 within 30 days from publication of this notice. 
The appellant has the burden of showing that the decision appealed from 
is in error. If you wish to file a petition (pursuant to regulation 43 
CFR 4.21)(58 FR 4939, January 19, 1993)(request) for a stay 
(suspension) of the effectiveness of this decision during the time that 
your appeal is being reviewed by the Board, the petition for a stay 
must accompany your notice of appeal. A petition for a stay is required 
to show sufficient justification based on the standards listed below. 
Copies of the notice of appeal and petition for a stay must be 
submitted to the Interior Board of Land Appeals and to the appropriate 
Office of the Solicitor (see 43 CFR 4.413) at the same time the 
original documents are filed in this office. If you request a stay, you 
have the burden of proof to demonstrate that a stay should be granted.

Standards for Obtaining a Stay

    Except as otherwise provided by law or other pertinent regulation, 
a petition for a stay of a decision pending appeal shall show 
sufficient justification based on the following standards:
    (1) The relative harm to the parties if the stay is granted or 
denied,
    (2) The likelihood of the appellant's success on the merits,
    (3) The likelihood of immediate and irreparable harm if the stay is 
not granted, and
    (4) Whether the public interest favors granting the stay.

FOR FURTHER INFORMATION CONTACT: Douglas M. Koza, Deputy State Director 
Natural Resources, U.S. Bureau of Land Management, Utah State Office, 
P.O. Box 45155, Salt Lake City, Utah 84145-0155.

    Dated: September 19, 2000.
Robert Lopez,
(Acting) Deputy State Director Natural Resources.
[FR Doc. 00-24529 Filed 9-22-00; 8:45 am]
BILLING CODE 4310-DQ-$$-M