Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Proposed Rules 15729

disturbances from surface mining have

ceased; (5) require that the permit shall

terminate on all areas where all bonds

have been released; and (6) require at

Phase III release that the operator

provide evidence that an affidavit has

been recorded at the county lands

affected by underground mining,

augering, covered slurry ponds, or other

underground activities that could

impact future land use for lands where

Phase I reclamation was completed on

or after September 1, 1992.

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

Missouri 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 Kansas City 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., c.s.t.

on April 11, 1995. Any disabled

individual who has need for a special

accommodation to attend a public

hearing should contact the individual

listing 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

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 925

Intergovernmental relations, Surface

mining, Underground mining.

Dated: March 16, 1995.

Charles E. Sandberg,

Acting Assistant Director, Western Support

Center.

[FR Doc. 95–7437 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: Withdrawal of proposed

amendment.

SUMMARY: OSM is announcing the

withdrawal of a proposed amendment to

the Utah permanent regulatory program

(hereinafter, the ‘‘Utah program’’) under

the Surface Mining Control and

Reclamation Act of 1977 (SMCRA, 30

U.S.C. 1201 et seq.). The amendment

consisted of revisions that Utah

proposed to its liability self-insurance

rule.

EFFECTIVE DATE: This withdrawal is

effective March 27, 1995.

FOR FURTHER INFORMATION CONTACT:

Thomas E. Ehmett, Telephone: (505)

766–1486.

SUPPLEMENTARY INFORMATION: By letter

dated October 4, 1994, Utah submitted

a proposed amendment to its program

pursuant to SMCRA (administrative

record No. UT–979). Utah submitted the
15730 Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Proposed Rules

proposed amendment at its own

initiative with the intention of allowing

companies in the coal industry, if they

so desired, to provide a certain amount

of their liability insurance through selfinsurance. The provision of the Utah

Coal Mining Rules that Utah proposed

to revise was Utah Administrative Rule

(Utah Admin. R.) 645–301–890.400,

Terms and Conditions for Liability

Insurance.

OSM announced receipt of the

proposed amendment in the October 21,

1994, Federal Register (59 FR 53123),

provided an opportunity for a public

hearing or meeting on its substantive

adequacy, and invited public comment

on its adequacy (administrative record

No. UT–982). Because no one requested

a public hearing or meeting, none was

held. The public comment period ended

on November 21, 1994.

During its review of the amendment,

OSM identified concerns relating to

Utah’s proposed rule and notified Utah

of the concerns by letter dated

November 30, 1994 (administrative

record No. UT–992).

In response to OSM’s concerns, Utah

by letter dated December 16, 1994,

submitted copies of the Utah Interlocal

Cooperation Act and Utah

Governmental Immunity Act that were

intended to clarify Utah’s proposed rule

revisions (administrative record No.

UT–999).

OSM announced receipt of the

additional explanatory information in

the January 10, 1995, Federal Register

(60 FR 2520), and reopened and

extended the comment period

(administrative record No. UT–1005).

The public comment period ended on

January 25, 1995.

During its review of the amendment,

OSM identified concerns relating to the

additional explanatory information as it

applied to Utah’s proposed rule and

notified Utah of the concerns by letter

dated February 14, 1995 (administrative

record No. UT–1020).

By letter dated February 24, 1995,

Utah requested that the proposed

amendment be withdrawn

(administrative record No. UT–1026).

Utah indicated that it intends to

conduct additional research on the

issues before resubmitting the

amendment at a later date for approval

as part of the Utah program.

Therefore, the proposed amendment

announced in the October 21, 1994, and

January 10, 1995, publications of the

Federal Register is withdrawn.

List of Subjects in 30 CFR Part 944

Intergovernmental relations, Surface

mining, Underground mining.

Dated: March 10, 1995.

Charles E. Sandberg,

Acting Assistant Director, Western Support

Center.

[FR Doc. 95–7438 Filed 3–24–95; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE TREASURY

Office of Thrift Supervision

31 CFR Part 1

[No. 94–260]

Privacy Act of 1974; Implementation

AGENCY: Office of Thrift Supervision,

Treasury.

ACTION: Proposed rule.

SUMMARY: The Office of Thrift

Supervision (OTS) is proposing to

exempt a system of records from certain

provisions of the Privacy Act of 1974, 5

U.S.C. 552a (Privacy Act), to the extent

the system contains investigatory

material pertaining to the enforcement

of laws or compiled for law enforcement

purposes. The OTS is also proposing to

add a Privacy Act exemption to an

existing exempt system.

DATES: Comments must be received no

later than April 26, 1995.

ADDRESSES: Send comments to: Director,

Information Services Division, Public

Affairs, Office of Thrift Supervision,

1700 G Street, NW., Washington, DC

20552, Attention Docket No. 94–260.

These submissions may be hand

delivered to 1700 G Street, NW., from 9

a.m. to 5 p.m. on business days; they

may be sent by facsimile transmission to

FAX number (202) 906–7753 or (202)

906–7755. Submissions must be

received by 5 p.m. on the day that they

are due in order to be considered by the

OTS. Comments will be available for

inspection at 1700 G Street, NW., from

1 p.m. until 4 p.m. on business days.

Visitors will be escorted to and from the

Public Reading Room at established

intervals.

FOR FURTHER INFORMATION CONTACT:

Mary Ann Reinhart, Chief, Disclosure

Branch, (202) 906–5896, 1700 G Street,

NW., Washington, DC 20552.

SUPPLEMENTARY INFORMATION: The OTS

is proposing to exempt the Criminal

Referral Database system of records from

specified provisions of the Privacy Act

and to add an exemption to the

Confidential Individual Information

System. Subsection (j)(2) of the Privacy

Act provides that an agency may

promulgate rules to exempt any system

of records within the agency from any

section of part 552a except subsections

(b), (c) (1) and (2), (e)(4) (A) through (F),

(e) (6), (7), (9), (10), and (11), and (i),

provided that the system of records is

maintained by ‘‘the agency or

component thereof which performs as

its principal function any activity

pertaining to enforcement of criminal

laws’’ and includes: ‘‘(A) Information

compiled for the purpose of identifying

individual criminal offenders and

alleged offenders and consisting only of

identifying data and notations of arrests,

the nature and disposition of criminal

charges, sentencing, confinement,

release and parole and probation status;

(B) information compiled for the

purpose of a criminal investigation,

including reports of informants and

investigators and associated with an

identifiable individual; or (C) reports

identifiable to an individual compiled at

any stage of the process of enforcement

of the criminal laws from arrest or

indictment through release from

supervision.’’ Section 552a(k) of the

Privacy Act provides that an agency

may promulgate rules to exempt any

system of records within the agency

from sections 552a (c)(3), (d), (e)(1),

(e)(4) (G) through (I), and (f) of the Act,

pursuant to 5 U.S.C. 552a(k)(2), if the

system of records is ‘‘investigatory

material compiled for the law

enforcement purposes, other than

material within the scope of subsection

(j)(2) * * *.’’

If a system of records is not exempted

from these sections, the Privacy Act

generally requires the agency to: Make

an accounting of disclosures to the

individual named in the record of their

request; permit individuals access to

their records; permit individuals to

request amendment to their records;

maintain only relevant or necessary

information in its system of records;

publish certain information in the

Federal Register; and promulgate rules

that establish procedures for notice and

disclosure of records. The exemptions

that may be asserted with respect to

investigatory systems of record permit

an agency to protect information when

disclosure would interfere with the

conduct of the agency’s investigations.

Exemptions under subsections

552a(j)(2) and (k)(2) are necessary to

maintain the integrity and

confidentiality of these investigative

files. These systems contain information

on possible criminal investigations and

may indicate current administrative

investigations by OTS. The disclosure of

this information would significantly

impair the enforcement activities and

coordinated proceedings of OTS, other

financial institution regulatory agencies,

and the Justice Department. Disclosure

form these systems would give