15680 Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Rules and Regulations

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 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

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 (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 effect on a

substantial number of a 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.

Hence, 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 943

Intergovernmental relations, Surface

mining, Underground mining.

Dated: March 21, 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 943—TEXAS

1. The authority citation for part 943

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 943.15 is amended by

adding a new paragraph (j) as follows:

§ 943.15 Approval of amendments to the

Texas regulatory program.

* * * * *

(j) The revisions to 16 Texas

Administrative Code 11.221, the Coal

Mining Regulations of the Railroad

Commission of Texas, as submitted on

May 24, 1994, and as further revised on

October 6, 1994, are approved effective

March 27, 1995.

Revisions to the following regulations

are approved:

TCMR 778.116(m), identification of interests

and compliance information.

TCMR 786.215(e)(1), review of violations.

TCMR 786.215(f), patterns of willful

violations.

TCMR 786.216(i), existing paragraph deleted.

TCMR 786.216(j) through (o), recodified as (i)

through (n).

TCMR 786.225(f)(3) and (4), Commission

review of outstanding permits: remedial

measures.

TCMR 786.225(g), (g)(1), (g)(1) (i) through

(iv), rescission procedures.

TCMR 786.225(g)(2), cessation of operations.

TCMR 786.225(h), recodification.

3. Section 943.16 is amended by

removing and reserving paragraphs (c),

(d), (f), (j), and (s), and adding

paragraphs (t) and (u) to read as follows:

§ 943.16 Requried program amendments.

* * * * *

(a)–(j) [Reserved]

* * * * *

(s) [Reserved]

(t) By September 25, 1995, Texas shall

formally propose an amendment to

OSM for TCMR 778.116(m) to require a

permit application to include

information on all violations of any

State law, rule, or regulation that

pertains to air or water environmental

protection, not just those violations that

were enacted pursuant to Federal law,

rule, or regulation.

(u) By September 25, 1995, Texas

shall formally propose an amendment to

OSM for TCMR 788.225(g)(1) or

otherwise revise the Texas program to

require that the Commission’s findings

with regard to the permittee’s challenge

of the Commission’s decision to

suspend and rescind an improvidently

issued permit must be consistent with

the provisions of the Federal

requirements at 30 CFR 773.25.

[FR Doc. 95–7440 Filed 3–24–95; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 944

Utah Permanent Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of

amendment.

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
Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Rules and Regulations 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
15682 Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Rules and Regulations

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:

§ 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.

§ 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]

BILLING CODE 4310–05–M

SELECTIVE SERVICE SYSTEM

32 CFR Part 1690

Selective Service Regulations; Post

Employment Conflict of Interest

AGENCY: Selective Service System.

ACTION: Fianl rule.

SUMMARY: 32 CFR part 1690—Post

Employment Conflict of Interest is being

removed from the Code of Federal

Regulations because it has been made

obsolete by the revocation of 5 CFR part

737 and the issuance by the United

States Office of Government Ethics of 5