Notice of Proposed Information Collection

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

Notice of Proposed Information Collection

AGENCY: Office of Surface Mining Reclamation and Enforcement.

ACTION: Notice and request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the

Office of Surface Mining Reclamation and Enforcement (OSM) is

announcing that the information collection request for 30 CFR Part 778,

Permit Applications--Minimum Requirements for Legal, Financial,

Compliance, and Related Information, has been forwarded to the Office

of Management and Budget (OMB) for review and reauthorization. This

information collection was previously approved and assigned clearance

number 1029-0034. This notice describes the nature of the information

collection and the expected burden and cost.

DATES: OMB has up to 60 days to approved or disapprove the information

collection but may respond after 30 days. Therefore, public comments

should be submitted to OMB by July 19, 1999, in order to be assured of

consideration.

FOR FURTHER INFORMATION CONTACT: To request a copy of the information

collection request, explanatory information and related form, contact

John A. Trelease at (202) 208-2783, or electronically to

[email protected].

SUPPLEMENTARY INFORMATION: The Office of Management and Budget (OMB)

regulations at 5 CFR 1320, which implement provisions of the Paperwork

Reduction Act of 1995 (Pub. L. 104-13), require that interested members

of the public and affected agencies have an opportunity to comment on

information collection and recordkeeping activities (see 5 CFR

1320.8(d)). OSM has submitted a request to OMB to renew its approval of

the collection of information for 30 CFR Part 778, Permit

Applications--Minimum Requirements for Legal, Financial, Compliance,

and Related Information. OSM is requesting a 3-year term of approval

for this information collection activity.

An agency may not conduct or sponsor, and a person is not required

to respond to, a collection of information unless it displays a

currently valid OMB control number. The OMB control number for this

collection of information is listed in 30 CFR Part 778, which is 1029-

0034.

As required under 5 CFR 1320.8(d), a Federal Register notice

soliciting comments on the collection of information was published on

January 13, 1999 (64 FR 2231). This notice gave the public 60 days in

which to comment on the need for the collection of information, the

accuracy of the burden estimate, ways to enhance the information

collection, and ways to minimize the burden of respondents.

OSM received one comment from an industry group. Although afforded

the opportunity, this commenter did not provide any substantive

suggestions regarding the need for the collection, accuracy of the

estimated burden, or methods to improve the collection. However, the

commenter did state that OMB should disapprove the information

collection request. OSM published an Interim Final rule on April 21,

1997 (62 FR 19540), which altered regulatory language at 30 CFR Part

778. The commenter stated that, since OSM did not prepare an

information collection package with a notice and comment period ``OMB

should disapprove the ICs [information collections] contained in the

IFR (interim final rule], until such time as OSM publishes the ICs in

the Federal Register for public comment, as required by the Paperwork

Reduction Act (PRA] and OMB regulations.''

When it promulgated the IFR on April 21, 1997, OSM explained that

the IFR ``does not contain collections of information which require

approval by [OMB] under [the PRA]. OMB has previously approved the

collection activities and assigned clearance numbers. * * *'' 62 FR

19450, 19457, 19459 (April 21, 1997). OSM based this statement on the

good faith belief that, for PRA purposes, the collections of

information contained in the IFR do not represent ``material or

substantive'' modifications to the currently approved collections of

information which were associated with the prior ownership and control

rules, and therefore, did not require notice and comment from the

public, nor OMB approval. (Importantly, the IFR impose no new

information requirements on permit applicant's rather, the IFR actually

pose less of a burden to applicants, as they require submission of

slightly less, though largely the same, information as the prior permit

information rule. Indeed, all of the information called for in Part

[[Page 32521]]

778 of the IFR was covered by the currently valid OMB control number

associated with the prior rule.)

Even if the IFR's collections of information were material or

substantive, OSM's current renewal effort relative to 30 CFR Part 778

will cure any procedural or technical defects by affording the

respondent pool with the same notice and opportunity to comment that

would have been provided had OSM submitted the IFR to the PRA's notice

and comment procedures; the notice and comment provisions for renews

are substantially identical to the provisions for collections for

information contained in an interim final rule. 5 CFR 1320.10, 120.12.

Furthermore, this renewal package reflects all changes in the IFR from

the prior permit information rule, so the respondents will have a full

and fair opportunity to comment on the collections of information

embodied in the IFR. OSM believes that the collections of information

contained in the IFR should in any case remain valid pending OMB's

review of the approval package.

As required by the PRA, OSM will seek an additional 30-day comment

period regarding this information collection activity upon OSM

submission of this clearance request to OMB for review. All interested

parties will have another opportunity in which to submit substantive

comments on the following information collection activity:

Title: Permit Applications--Minimum Requirements for Legal,

Financial, Compliance, and Related Information--30 CFR 778.

OMB Control Number: 1029-0034.

Summary: Section 507(b) of P.L. 95-87 provides persons conducting

coal mining activities submit to the regulatory authority all relevant

information regarding ownership and control of the property affected,

their compliance status and history. This information is used to insure

all legal, financial and compliance requirements are satisfied prior to

issuance or denial of a permit.

Bureau Form Number: None.

Frequency of Collection: Once.

Description of Respondents: Surface coal mining permit applicants

and State regulatory authorities.

Total Annual Responses: 420.

Total Annual Burden Hours: 16,261.

Send comments on the need for the collection of information for the

performance of the functions of the agency; the accuracy of the

agency's burden estimates; ways to enhance the quality, utility and

clarity of the information collection; and ways to minimize the

information collection burden on respondents, such as use of automated

means of collection of the information, to the following address.

Please refer to OMB control number 1029-0034 in all correspondence.

ADDRESSES: Office of Information and Regulatory Affairs, Office of

Management and Budget, Attention: Department of Interior Desk Officer,

725 17th Street, NW, Washington, DC 20503, and to John A. Trelease,

Office of Surface Mining Reclamation and Enforcement, 1951 Constitution

Ave, NW, Room 210-SIB, Washington, DC 20240.

Dated: June 14, 1999.

Richard G. Bryson,

Chief, Division of Regulatory Support.

[FR Doc. 99-15400 Filed 6-16-99; 8:45 am]

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