Utah Permanent Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

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, with an additional requirement, 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). Utah proposes revisions to its

rules pertaining to the scope of rulemaking and promulgation of rules,

petitions to initiate rulemaking, hearing requirements for designating

areas unsuitable for coal mining, confidentiality of coal exploration

information, permit application requirements pertaining to blasting and

hydrology, and mining in special areas, specifically prime farmland and

alluvial valley floors. The amendment incorporates the additional

flexibility afforded by the revised Federal regulations, clarifies

ambiguities, and improves operational efficiency.

EFFECTIVE DATE: July 11, 1994.

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 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 August 2, 1993 (administrative record No. UT-851),

Utah submitted to OSM a proposed amendment to its program pursuant to

SMCRA, 30 U.S.C. 1201-1328, and the Federal regulations at 30 CFR

Chapter VII (the Federal regulations). Utah submitted the proposed

amendment at its own initiative. Utah proposed revisions to the Utah

Rules of Practice and Procedure of the Board of Oil, Gas and Mining

(Board) at Utah Administrative Rules (Utah Admin. R.) 641-112-100,

scope of rulemaking, and 641-112-200, promulgation of rules. Utah also

proposed revisions to the Utah Coal Mining Rules at Utah Admin. R. 645-

100-500, petitions to initiate rulemaking; 645-103-441, hearing

requirement for designating areas unsuitable for coal mining and

reclamation operations; 645-203-200, confidentiality of coal

exploration information; 645-301-524.661, permit application blasting

level chart; 645-301-731.760, permit application cross sections and

maps showing hydrologic information; and 645-302-314.110 and 645-302-

323.310, special areas of mining, specifically prime farmland and

alluvial valley floors.

Utah proposed to delete the scope of rulemaking provision at Utah

Admin. R. 641-112-100 that requires the Board to promulgate such

procedural and substantive rules it deems useful or necessary to

implement statutory duties, fulfill its statutory obligations, or

interpret the statutory authority under which it operates. At Utah

Admin. R. 641-112-200, Utah proposed to revise the procedures for

promulgation of rules to provide that the Board will promulgate rules

under the authority provided at Utah Code Annotated (UCA) Sections 40-

6-5, 40-9-3.5(2), and 40-10-6(1). At Utah Admin. R. 645-100-500, Utah

proposed that persons other than the Division of Oil, Gas and Mining

(Division) or the Board may petition to initiate rulemaking pursuant to

Utah Admin. R. 641 and the Utah Administrative Rulemaking Act, UCA 63-

46-8. At Utah Admin. R. 645-103-441, Utah proposed that within 10

months after receipt of a complete petition to designate an area

unsuitable for coal mining, the Board shall hold a public hearing in

the locality of the area covered by the petition ``unless the

petitioners and intervenors agree.'' At Utah Admin. R. 645-203-200,

Utah proposed to revise its coal exploration confidentiality provision

to require that the Division 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 is

classified as being protected, private, or controlled under the Utah

Government Records Access and Management Act (GRAMA) or confidential

under other applicable State or Federal laws, rules, or regulations. At

Utah Admin. R 645-301-524.661, Utah proposed to delete the reference to

UCA 63-46a-3(7)(a) and reference only Figure 1 in the Federal

regulations at 30 CFR 817.67, which shows the maximum allowable ground

particle velocity for blasting operations. At Utah Admin. R. 645-301-

731.760, Utah proposed to add to its hydrology permit application

requirements that the Division may, depending on the structures and

facilities located in the permit area, require other relevant cross

sections and maps, in addition to those cross sections and maps already

specifically required by the State's existing rules. At Utah Admin. R.

645-302-314.110, Utah proposed to revise its prime farmland permit

application content requirements to indicate that U.S. Department of

Agriculture (USDA) Soils Handbooks 436 (Soil Taxonomy) and 18 (Soil

Survey Manual) are incorporated on the effective date, rather than the

date of adoption, of Utah Admin. R. 645. Also, at Utah Admin. R. 645-

302-314.110, Utah proposed to delete the statement that notices of

changes made to the USDA handbooks will be periodically published in

the Federal Register. At Utah Admin. R. 645-302-323.310, Utah proposed

to revise its alluvial valley floor water quality requirement by adding

language that incorporates by reference the specific publication by

Maas and Hoffman, ``Crop Salt Tolerance--Current Assessment,'' Table 1,

``Salt Tolerance of Agricultural Crops.''

OSM announced receipt of the proposed amendment in the August 27,

1993, Federal Register (58 FR 45305, administrative record No. UT-865),

and in the same document, opened the public comment period and provided

an opportunity for a public hearing on the substantive adequacy of the

proposed amendment. The public comment period closed on September 27,

1993. The public hearing, scheduled for September 21, 1993, was not

held because no one requested an opportunity to testify.

During its review of the amendment, OSM identified concerns for (1)

Utah Admin. R. 641-112, regarding the incorrect reference to its

rulemaking authority at UCA 40-9-3.5(2), which was repealed by Utah in

1993; (2) Utah Admin. R. 645-103-441, regarding the need for agreement

between the petitioners and intervenors to change the location of a

public hearing on a petition to designate lands unsuitable for mining;

(3) Utah Admin. R. 645-203-200, regarding the proposed deletion of the

phrase ``and the information is confidential,'' which would impart a

change in the criteria for determining coal exploration information

that is or is not allowed to be held confidential under the Utah

program, and the proposed reference to Utah's GRAMA in that certain

aspects of GRAMA were previously found to be less effective than the

Federal regulations with regard to the restrictions Utah's GRAMA

imposes on the availability of coal exploration information; and (4)

Utah Admin. R. 645-302-314.110, regarding the need to use the prime

farmland soil survey standards in USDA Handbook 436, as it existed on

October 5, 1982, and USDA Handbook 18, as it existed on November 16,

1982. OSM notified Utah of these concerns by letter dated December 9,

1993 (administrative record No. UT-878).

By letter dated January 7, 1994, Utah responded to OSM's concerns

by submitting revisions to its proposed program amendment

(administrative record No. UT-881). Utah proposed the following

revisions to its existing rules. At Utah Admin. R. 641-112, Utah

proposed to reference UCA 40-8-6(1), which applies to rulemaking

authority under the Utah Mined Land Reclamation Act. At Utah Admin. R.

645-103-441, Utah proposed that (1) unless the petitioners and

intervenors agree otherwise, the Board shall hold a public hearing

within 10 months after receipt of a complete petition to designate

lands unsuitable for mining; (2) if all petitioners and intervenors

agree that a public hearing is not needed, the hearing need not be

held; and (3) all hearings held under Utah Admin. R. 645-103-441 will

be held in the locality of the area covered by the petition. At Utah

Admin. R. 645-203-200, Utah proposed to require that the Division will

not make coal 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 is confidential under the

standards of the Federal Act (SMCRA). At Utah Admin. R. 645-302-

314.110, Utah proposed to require that USDA Soils Handbooks 436 and 18

are incorporated by reference as they respectively existed on October

5, 1982, and November 16, 1982.

OSM announced receipt of the revised amendment in the January 24,

1994, Federal Register (59 FR 3530, administrative record No. UT-887)

and in the same document, reopened and extended the public comment

period. The comment period closed February 8, 1994.

III. Director's Findings

As discussed below, the Director, in accordance with SMCRA and the

Federal regulations at 30 CFR 732.15 and 732.17, finds, with an

additional requirement, that the proposed program amendment as

submitted by Utah on August 2, 1993, and as revised on January 7, 1994,

is no less effective than the corresponding Federal regulations.

1. Nonsubstantive Revisions to Utah's Rules

Utah proposed revisions to the following previously-approved rules

that are nonsubstantive in nature and consist of minor editorial and

punctuation changes (corresponding Federal regulations are listed in

parentheses):

Utah Admin. R. 645-103-441 (30 CFR 764.17), hearing requirements

for designating areas unsuitable for coal mining and reclamation

operations,

Utah Admin. R. 645-301-731.760 (30 CFR 779.24, 779.25, and 780.14

for surface mining, and 783.24, 783.25, and 784.23 for underground

mining), permit application cross sections and maps showing hydrologic

information, and

Utah Admin. R. 645-302-323.310 (30 CFR 785.19), special areas of

mining, specifically alluvial valley floors.

Because the proposed revisions to these previously-approved Utah

rules are nonsubstantive in nature, the Director finds that these

proposed Utah rules are no less effective than the Federal regulations.

The Director approves these proposed rules.

2. Substantive Revisions to Utah's Rules That Are Substantively

Identical to the Corresponding Provisions of the Federal Regulations

In a parenthetical note, existing Utah Admin. R. 645-301-524.661

(1) incorporates by reference Figure 1 in the Federal regulations at 30

CFR 817.67, which shows the maximum allowable ground vibration for

blasting operations, (2) cites its administrative procedures statute at

UCA 63-46a-3(7)(a) as the authority for incorporating this figure into

its rules, and (3) indicates that the figure can be viewed in the

Division's office.

Utah proposed to delete the reference to its statutory authority

for incorporating the figure from the Federal regulations into its

rules. This deletion does not render Utah Admin. R. 645-301-524.661

less effective than the Federal regulations at 30 CFR 816.67(d)(4)(i).

In fact, the proposed State rule includes requirements that are

substantively identical to the requirements of the Federal regulation.

Therefore, the Director approves the proposed rule.

3. Utah Admin. R. 641-112, Scope of Rulemaking and Promulgation of

Rules

Utah proposed to delete Utah Admin. R. 641-112-100, relating to

scope of rulemaking. The effect of this proposed deletion on the Utah

program is nonsubstantive because (1) this rule only generally

described Utah's authority to promulgate rules for its statutes and (2)

the concepts contained in this rule are repeated with more specificity

at Utah Admin. R. 641-112-200, which Utah proposed to recodify as Utah

Admin. R. 641-112.

Utah proposed to revise recodified Utah Admin. R. 641-112, to

indicate that the Board will promulgate rules under the authority of

UCA 40-6-5, 40-8-6(1), and 40-10-6(1).

UCA 40-6-5, a provision of the Utah Oil and Gas Conservation Act,

provides the statutory authority for jurisdiction of the Board over

oil, gas, and mining operations. UCA 40-8-6(1), a provision of the Utah

Mined Land Reclamation Act, provides that, in addition to the powers,

functions, and duties provided to the Board in UCA 40-6, the Board has

the power, function, and duty ``to enact rules according to the

procedures and requirements of Title 63, Chapter 46a, that are

reasonably necessary to carry out the purposes of this chapter.'' UCA

40-10-6(1), a provision of the Utah Coal Mining and Reclamation Act,

provides that, in addition to the powers, functions, and duties of the

Board and Division provided in UCA 40-8, the Board and Division have

the power, function and duty ``to make and promulgate in accordance

with Title 63, Chapter 46a, the Utah Administrative Rulemaking Act,

such rules as are specifically necessary for the regulation of coal

mining operations and reclamation operations.''

The proposed references in Utah Admin. R. 641-112 to UCA 40-6-5,

40-8-6(1), and 40-10-6(1), which give the Board the necessary powers to

enact rules regulating oil, gas and mining operations, are consistent

with the Federal regulation at 30 CFR 732.15(b), which requires a State

regulatory authority to possess the authority, under State law, to

implement, administer, and enforce all of the applicable requirements

of Subchapter K of the Federal regulations. Therefore, the Director

approves the proposed rule.

4. Utah Admin. R. 645-100-500, Petition to Initiate Rulemaking

Utah proposed to revise Utah Admin. R. 645-100-500 to provide that

``persons other than the Division or Board'' may petition to initiate

rulemaking pursuant to the Rules of Practice and Procedure of the Board

at Utah Admin. R. 641 and the Utah Administrative Rulemaking Act at UCA

63-46-8.

Utah's definition of ``person'' at UCA 40-10-3(14) is substantively

identical to the definition of ``person'' at section 701(19) of SMCRA.

Also, Utah's definition of ``person'' at Utah Admin. R. 645-100-200 is

substantively identical to the definition of ``person'' in the Federal

regulations at 30 CFR 700.5. Both definitions include units and

instrumentalities ``of Federal, State, or local government,'' such as

the Board and the Division.

The Federal regulations at 30 CFR 700.12 provide that any person

may petition the Director to initiate a proceeding for the issuance,

amendment, or repeal of any regulation under SMCRA. Utah's proposed

revision would appear to prohibit the Division or Board from

petitioning to initiate rulemaking. There is no similar prohibition

provided in the Federal regulations at 30 CFR 700.12, which allow any

person, including groups, organizations, and other entities, regardless

of affiliation, to petition to initiate rulemaking.

However, at UCA 40-10-6(1) (Powers, Functions, and Duties of the

Board and Division), the Board and Division have the authority to make

and promulgate rules for the regulation of coal mining operations and

reclamation operations. Therefore, it is not necessary for either the

Board or the Division to have the right to petition to initiate

rulemaking. Under UCA 40-10-6(1), the Board and Division, as the

governmental entities entrusted with the regulation of surface coal

mining in Utah, are the initiators of rulemaking.

OSM specifically interprets the proposed amendment, however, to

allow an individual member of the Board or employee of the Division, in

his or her capacity as an individual, to petition the Board to initiate

rulemaking. Section 102(i) of SMCRA provides that one of its purposes

is the protection of the right of the public to participate in the

rulemaking process. Utah may not deny any member of the Board or any

employee of the Division the right to petition the Board for

rulemaking, as such a denial would render the State program

inconsistent with section 102(i) of SMCRA.

On this basis, the Director (1) finds that Utah Admin. R. 645-100-

500 is no less effective than the Federal regulations at 30 CFR 700.12

and (2) approves the proposed rule.

5. Utah Admin. R. 645-302-314.110, Permit Application Contents for

Prime Farmland

Utah proposed to revise Utah Admin. R. 645-302-314.110 to provide

that, with respect to prime farmland soil survey standards, the U.S.

Department of Agriculture Handbooks 436 and 18 are incorporated by

reference as they respectively existed on October 5, 1982, and November

16, 1982.

The Federal regulation at 30 CFR 785.17(c)(1)(i) provides that U.S.

Department of Agriculture Handbooks 436 and 18 are incorporated by

reference as they existed on October 5, 1982, and November 16, 1982.

Therefore, the USDA handbooks incorporated by reference into Utah

Admin. R. 645-302-314.110, and handbooks incorporated by reference into

the Federal regulation, are the same. On the basis, the Director (1)

finds that Utah Admin. R. 645-302-314.110 is no less effective than the

Federal regulation at 30 CFR 785.17(c) (1)(i) and (2) approves the

proposed rule.

6. Utah Admin. R. 645-203-200, Confidentiality of Coal Exploration

Information

Utah proposed to revise Utah Admin. R. 645-203-200 to provide that

the information submitted as part of a coal exploration permit is

confidential (1) if the person submitting it requests in writing at the

time of submission that it not be disclosed and (2) the information is

confidential under the standards of the ``Federal Act.''

At Utah Admin. R. 645-100-200, Utah defines the ``Federal Act'' to

mean SMCRA. The Federal regulation at 30 CFR 772.15(b), which

implements SMCRA and corresponds to Utah's proposed rule, provides that

information shall be kept confidential if (1) the person submitting it

requests in writing at the time of submission that it not be disclosed

and (2) 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.

The reference to the ``Federal Act'' in proposed Utah Admin. R.

645-203-200 lacks specificity and could be interpreted in a manner that

is inconsistent with the second part of 30 CFR 772.15(b), which

requires that information can be kept confidential only if it concerns

trade secrets or is privileged commercial or financial information

relating to the competitive rights of the persons intending to conduct

coal exploration.

The Director, for the reasons stated above, approves proposed Utah

Admin. R. 645-203-200, but requires Utah to submit an additional

amendment providing that coal exploration permit application

information may not be kept confidential unless it concerns trade

secrets or is privileged commercial or financial information relating

to the competitive rights of the persons intending to conduct coal

exploration.

IV. Summary and Disposition of Comments

1. Public Comments

The Director solicited public comments and provided an opportunity

for a public hearing on the proposed amendment. No public comments were

received, and because no one requested an opportunity to testify at a

public hearing, no hearing was held.

2. Agency Comments

Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited

comments on Utah's proposed amendment from the Administrator of the

U.S. Environmental Protection Agency (EPA), the Secretary of the U.S.

Department of Agriculture, and various other Federal agencies with an

actual or potential interest in the Utah program.

Mine Safety and Health Administration (MSHA).--By letter dated

October 7, 1993, MSHA raised a concern that in one area Utah's proposed

rules may conflict with MSHA's 30 CFR part 77 regulations

(administrative record No. UT-873). MSHA stated that the proposed rules

refer to tables and charts regarding allowable airblast, ground

vibration, and particle velocity due to surface blasting but that

MSHA's regulations do not specify and/or limit these values for surface

blasting. MSHA also stated that, in addition, its regulation at 30 CFR

77.1303(j) provides for the protection of underground miners when

surface blasting occurs.

With respect to MSHA's statement that its regulations at 30 CFR

part 77 do not limit surface mines for airblast, ground vibration, and

particle velocity, the Director, as discussed in finding No. 2, finds

that Utah's surface mining blasting limitations at Utah Admin. R. 645-

301-524.661 are substantively identical to, and no less effective than,

OSM's regulations at 30 CFR 816.67(d).

With respect to MSHA's statement that its regulation at 30 CFR

77.1303(j) provides for the protection of underground miners when

surface blasting occurs, the Director notes that existing rules in the

Utah program, and the corresponding Federal regulations, provide for

such protection.

With respect to MSHA's implication that Utah's surface mine

blasting rules should also provide protection for underground miners,

Utah Admin. R. 645-301-524 and 524.641, and the Federal regulations at

30 CFR 816.61(d)(1)(ii) and 816.67(d)(1), require that (1) blasting

operations conducted within 500 feet of active underground mines must

have MSHA approval and (2) underground mines must be protected from

damage by establishment of a maximum allowable limit for ground

vibration before initiation of blasting.

For the reasons discussed above, the Director is not requiring Utah

to modify its rules in response to MSHA's comments.

By letter dated February 28, 1994 (administrative record No. UT-

896), MSHA responded to the revisions proposed by Utah in its January

7, 1994, submittal (administrative record No. UT-881), by stating that

``it appears there is no conflict with the requirements of 30 CFR.''

Other Agencies.--By letters dated August 25, 1993, and January 27,

1994, the U.S. Army Corps of Engineers stated that it found the changes

to Utah's regulatory program to be satisfactory (administrative record

Nos. UT-863 and UT-890).

By letter dated August 26, 1993, the Bureau of Mines stated that it

had no comment because the amendment would not affect minerals other

than coal (administrative record No. UT-864).

By letters dated August 27, 1993, and February 1, 1994

(administrative record Nos. UT-867 and UT-892), EPA stated that it had

no comments on the proposed amendment.

By letter dated February 14, 1994, the U.S. Fish and Wildlife

Service stated it found nothing of significant concern to the Fish and

Wildlife Service (administrative record No. UT-895).

3. Environmental Protection Agency (EPA) Concurrence

Pursuant to 30 CFR 732.17(h)(11)(ii), the Director is required to

solicit the written concurrence of the Administrator 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 rules

pertain to air or water quality standards. Therefore, OSM did not

request EPA's concurrence with the proposed amendment (administrative

record No. UT-857).

4. State Historic Preservation Officer (SHPO) and the Advisory Council

on Historic Preservation (ACHP)

Pursuant to 30 CFR 732.17(h)(4), the Director provided the proposed

amendment to the SHPO and the ACHP for comment. Neither the SHPO nor

the ACHP provided any comments to OSM.

V. Director's Decision

Based on the above findings, the Director approves, with an

additional requirement, the proposed amendment that Utah submitted on

August 2, 1993, as subsequently revised on January 7, 1994.

As discussed in finding Nos. 1, 2, 3, 4, and 5, the Director

approves Utah Admin. R. 645-103-441, 645-301-731.760, 645-302-323.310;

645-301-524.661; 641-112; 645-100-500; and 645-302-314.110.

As discussed in finding No. 6, the Director approves Utah Admin. R.

645-203-200 but requires Utah to revise it to provide that coal

exploration permit application information may not be kept confidential

unless it concerns trade secrets or is privileged commercial or

financial information relating to the competitive rights of the persons

intending to conduct coal exploration.

The Director approves the rules as proposed by Utah with the

provision that they be fully promulgated in identical form to the rules

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 12550) 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. 1291(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 impact on a substantial number of small

entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

The State submittal which 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.

VII. List of Subjects in 30 CFR 944

Intergovernmental relations, Surface mining, Underground mining.

Dated: July 1, 1994.

Russell F. Price,

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 (z) to read as

follows:

Sec. 944.15 Approval of amendments to State regulatory program.

* * * * *

(z) Revisions to the following Utah Administrative Rules, as

submitted to OSM on August 2, 1993, and revised on January 7, 1994, are

approved effective July 11, 1994.

641-112 Promulgation of Rules

645-100-500 Petitions to Initiate Rulemaking

645-103-441 Hearing Requirements for Designating Areas Unsuitable for

Coal Mining and Reclamation Operations

645-203-200 Confidentiality of Coal Exploration Information

645-301-524.661 Permit Application Blasting Level Chart

45-301-731.760 Permit Application Cross Sections and Maps Showing

Hydrologic Information

645-302-314.110 Permit Application Contents for Prime Farmland

645-302-323.310 Special Areas of Mining, Specifically Alluvial Valley

Floors

3. Section 944.16 is amended by adding paragraph (a) to read as

follows:

Sec. 944.16 Required program amendments.

* * * * *

(a) By September 9, 1994, Utah shall submit a proposed amendment

for Utah Admin. R. 645-203-200 to specify that coal exploration permit

application information may not be kept confidential unless it concerns

trade secrets or is privileged commercial or financial information

relating to the competitive rights of the persons intending to conduct

coal exploration.

* * * * *

[FR Doc. 94-16656 Filed 7-8-94; 8:45 am]

BILLING CODE 4310-05-M