Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Proposed Rules 13935

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 926

Intergovernmental relations, Surface

mining, Underground mining.

Dated: March 8, 1995.

Charles E. Sandberg,

Acting Assistant Director, Western Support

Center.

[FR Doc. 95–6302 Filed 3–14–95; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 944

Utah Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing on proposed amendment.

SUMMARY: OSM is announcing receipt of

a proposed amendment to the Utah

regulatory program (hereinafter, the

‘‘Utah program’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). The proposed

amendment consists of revisions to

rules pertaining to permit application

requirements and normal husbandry

practices and Utah’s ‘‘Vegetation

Information Guidelines.’’ The

amendment is intended to improve

operational efficiency.

DATES: Written comments must be

received by 4:00 p.m., m.d.t. April 14,

1995. If requested, a public hearing on

the proposed amendment will be held

on April 10, 1995. Requests to present

oral testimony at the hearing must be

received by 4:00 p.m., m.s.t. on March

30, 1995.

ADDRESSES: Written comments should

be mailed or hand delivered to Thomas

E. Ehmett at the address listed below.

Copies of the Utah program, the

proposed amendment, and all written

comments received in response to this

document will be available for public

review at the addresses listed below

during normal business hours, Monday

through Friday, excluding holidays.

Each requester may receive one free

copy of the proposed amendment by

contacting OSM’s Albuquerque Field

Office.

Thomas E. Ehmett, Acting Director,

Albuquerque Field Office, Office of

Surface Mining Reclamation and

Enforcement, 505 Marquette Avenue,

NW., Suite 1200, Albuquerque, New

Mexico 87102

Utah Coal Regulatory Program, Division

of Oil, Gas, and Mining, 355 West

North Temple, 3 Triad Center, Suite

350, Salt Lake City, Utah 84180–1203,

Telephone: (801) 538–5340.

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. General background

information on the Utah program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval of the Utah

program can be found in the January 21,

1981, Federal Register (46 FR 5899).

Subsequent actions concerning Utah’s

program and program amendments can

be found at 30 CFR 944.15, 944.16, and

944.30.

II. Proposed Amendment

By letter dated February 6, 1995, Utah

submitted a proposed amendment to its

program pursuant to SMCRA

(administrative record No. UT–1025).

Utah submitted the proposed

amendment at its own initiative. Utah

proposes to revise its Coal Mining Rules

at Utah Administrative (Utah Admin.

R.) 645–301–321.100 and .200, 645–

301–322.332, and 645–301–342.352,

concerning permit application

requirements, and Utah Admin. R. 645–

301–357.300 through 365, concerning

normal husbandry practices. Utah also

proposes to revise its ‘‘Vegetation

Information Guidelines,’’ concerning a

Bibliography of referenced publications

for the proposed normal husbandry

practices.

Specifically, Utah proposes to revise

Utah Admin. R. 645–301–321.100 and

.200, 645–301–322.332, and 645–301–

342.352 by adding the terms ‘‘surface

coal mining and reclamation activities’’

and/or ‘‘underground coal mining and

reclamation activities;’’ Utah Admin. R.

645–301–357.300 by deleting existing

general information concerning Utah’s

authority to approve selective

husbandry practices; and Utah Admin.

R. 645–301–357.301 through .365 by

adding, as proposed normal husbandry

practices, (1) Limited reseeding or

replanting of trees or shrubs, (2)

chemical, mechanical , and biological

weed control and associated

revegetation, (3) control of pests

including big game, small mammals,

and insects, (4) reseeding and/or

replanting as a result of third-party

interference or natural disasters,

excluding climatic variation and

including vandalism which is not

caused by any lack of planning, design,

or implementation of the mining and

reclamation plan, wildfires, earth

quakes, and mass movement originating

outside the disturbed area, (5) limited

irrigation, and (6) limited repair of

highly erodible areas and rills and

gullies. Utah also proposes to revise its

‘‘Vegetation Information Guidelines’’ by

adding Appendix C, a bibliography of

referenced publications supporting the

proposed normal husbandry practices.

III. Public Comment Procedures

In accordance with the provisions of

30 CFR 732.17(h), OSM is seeking

comments on whether the proposed

amendment satisfies the applicable

program approval criteria of 30 CFR

732.15. If the amendment is deemed

adequate, it will become part of the

Utah program.

1. Written Comments

Written comments should be specific,

pertain only to the issues proposed in

this rulemaking, and include

explanations in support of the

commenter’s recommendations.

Comments received after the time

indicated under DATES or at locations

other than the Albuquerque Field Office

will not necessarily be considered in the

final rulemaking or included in the

administrative record.

2. Public Hearing

Persons wishing to testify at the

public hearing should contact the

person listed under FOR FURTHER

INFORMATION CONTACT by 4:00 p.m.,

m.s.t. on March 30, 1995. Any disabled

individual who has need for a special

accommodation to attend a public

hearing should contact the individual

listed under FOR FURTHER INFORMATION

CONTACT. The location and time of the

hearing will be arranged with those

persons requesting the hearing. If no one

requests an opportunity to testify at the

public hearing, the hearing will not be

held.

Filing of a written statement at the

time of the hearing is requested as it

will greatly assist the transcriber.

Submission of written statements in

advance of the hearing will allow OSM

officials to prepare adequate responses

and appropriate questions.

The public hearing will continue on

the specified date until all persons

scheduled to testify have been heard.

Persons in the audience who have not

been scheduled to testify, and who wish
13936 Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Proposed Rules

to do so, will be heard following those

who have been scheduled. The hearing

will end after all persons scheduled to

testify and persons present in the

audience who wish to testify have been

heard.

3. Public Meeting

If only one person requests an

opportunity to testify at a hearing, a

public meeting, rather than a public

hearing, may be held. Persons wishing

to meet with OSM representatives to

discuss the proposed amendment may

request a meeting by contacting the

person listed under FOR FURTHER

INFORMATION CONTACT. All such meetings

will be open to the public and, if

possible, notices of meetings will be

posted at the locations listed under

ADDRESSES. A written summary of each

meeting will be made a part of the

administrative record.

IV. Procedural Determinations

1. Executive Order 12866

This rule is exempted from review by

the Office of Management and Budget

(OMB) under Executive Order 12866

(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 7, 1995.

Charles E. Sandberg,

Acting Assistant Director, Western Support

Center.

[FR Doc. 95–6301 Filed 3–14–95; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 311

Privacy Program

AGENCY: Office of the Secretary, DOD.

ACTION: Proposed rule.

SUMMARY: The Office of the Secretary of

Defense proposes to exempt a system of

records identified as DGC 16, entitled

Political Appointment Vetting Files.

The DoD General Counsel performs

suitability screening of individuals

seeking, or who have been

recommended for, non-career positions

within the DoD.

EFFECTIVE DATE: Comments must be

received no later than May 15, 1995, to

be considered by the agency.

ADDRESSES: Send comments to the OSD

Privacy Act Officer, Washington

Headquarter Services, Correspondence

and Directives Division, Records

Management Division, 1155 Defense

Pentagon, Washington, DC 20301–1155.

FOR FURTHER INFORMATION CONTACT: Mr.

Dan Cragg at (703) 695–0970.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

The Director, Administration and

Management, Office of the Secretary of

Defense has determined that this

proposed Privacy Act rule for the

Department of Defense does not

constitute ’significant regulatory action’.

Analysis of the rule indicates that it

does not have an annual effect on the

economy of $100 million or more; does

not create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency; does not

materially alter the budgetary impact of

entitlements, grants, user fees, or loan

programs or the rights and obligations of

recipients thereof; does not raise novel

legal or policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in Executive

Order 12866 (1993).

Regulatory Flexibility Act of 1980

The Director, Administration and

Management, Office of the Secretary of

Defense certifies that this Privacy Act

rule for the Department of Defense does

not have significant economic impact on

a substantial number of small entities

because it is concerned only with the

administration of Privacy Act systems of

records within the Department of

Defense.

Paperwork Reduction Act

The Director, Administration and

Management, Office of the Secretary of

Defense certifies that this Privacy Act

proposed rule for the Department of

Defense imposes no information

requirements beyond the Department of

Defense and that the information

collected within the Department of

Defense is necessary and consistent

with 5 U.S.C. 552a, known as the

Privacy Act of 1974.

The DoD General Counsel performs

suitability screening of individuals

seeking, or who have been

recommended for, non-career positions

within the DoD. Confidentialilty is

needed to maintain the Government’s

continued access to information from

persons who otherwise might refuse to

give it. During the screening process,

investigatory material is compiled for

the purpose of determining the

suitability of candidates for Schedule ‘C’

positions, taking character, security and

other personal suitability factors into

account. This exemption is limited to

disclosures that would reveal the

identity of a confidential source.