764cf.07

SUPPORTING STATEMENT FOR REPORTING REQUIREMENTS FOR:

30 CFR 764 – State Process for Designating Areas Unsuitable for

Surface Coal Mining Operations

OMB Control Number 1029-0030

Terms of Clearance: None

Introduction

The Office of Surface Mining Reclamation and Enforcement (OSM) is submitting this information collection clearance package to request OMB approval to continue collecting information under 30 CFR Part 764 of the OSM permanent regulatory program. This part implements the requirement of section 522 of the Surface Mining Control and Reclamation Act of 1977 (SMCRA), P.L. 95-87, which provides authority for citizens to petition States to designate lands unsuitable for surface coal mining operations, or to terminate such designation.

OMB reviewed and approved this information collection previously, and assigned it clearance number 1029-0030. OSM is seeking permission for State regulatory authorities to continue to collect this information.

SUMMARY OF 30 CFR 764

Section	Annual Responses	Hours per Respondent	Total Hours	Current ICB Hours	Change to ICB
764.13	3	300	900	600	+300
764.15	3	40	120	180	-60
764.17	3	500	1,500	1,500	0
764.19	3	700	2,100	2,100	0
764.21, .25	3	100	300	300	0
Total			4,920	4,680	+240

General Instructions

A Supporting Statement, including the text of the notice to the public required by 5 CFR 1320.5(a)(i)(iv) and its actual or estimated date of publication in the Federal Register, must accompany each request for approval of a collection of information. The Supporting Statement must be prepared in the format described below, and must contain the information specified in Section A below. If an item is not applicable, provide a brief explanation. When Item 17 of the OMB Form 83-I is checked "Yes", Section B of the Supporting Statement must be completed. OMB reserves the right to require the submission of additional information with respect to any request for approval.

Specific Instructions

A. Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection. [Be specific. If this collection is a form or a questionnaire, every question needs to be justified.]

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden [and specifically how this collection meets GPEA requirements.].

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-I), describe any methods used to minimize burden.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

* requiring respondents to report information to the agency more often than quarterly;

* requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

* requiring respondents to submit more than an original and two copies of any document;

* requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;

* in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;

* requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

* that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

* requiring respondents to submit proprietary trade secrets, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice [and in response to the PRA statement associated with the collection over the past three years] and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported. [Please list the names, titles, addresses, and phone numbers of persons contacted.]

Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years — even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

12. Provide estimates of the hour burden of the collection of information. The statement should:

* Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.

* If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens in Item 13 of OMB Form 83-I.

* Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included in Item 14.

13. Provide an estimate of the total annual [non-hour] cost burden to respondents or recordkeepers resulting from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14).

* The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information [including filing fees paid]. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.

* If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

* Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.

14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.

15. Explain the reasons for any program changes or adjustments reported in Items 13 or 14 of the OMB Form 83-I.

16. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

18. Explain each exception to the certification statement identified in Item 19, "Certification for Paperwork Reduction Act Submissions," of OMB Form 83-I.

B. Collections of Information Employing Statistical Methods

Not applicable. Statistical methods are not employed.

IDENTICAL RESPONSES TO STATEMENTS

3. This information is unique to each respondent who submits a petition to have lands designated unsuitable for surface coal mining operations, or to have such designation terminated, or the State regulatory authorities that process the requests. Limiting respondents to electronic submissions would be contrary to SMCRA principles of public participation in the petition process. However, petitioners may submit petitions electronically at the States’ discretion. No electronic submissions of petitions were received and although several States have expressed an interest in receiving electronic submissions. It is up to the petitioner to submit electronically.

4. No similar information is collected by OSM or by other Federal agencies. Also, circumstances vary with each respondent who files an unsuitability petition, or the State that processes the request. Therefore, there is no available information that can be used in lieu of that supplied on each respondent.

5. The information requested is the minimum necessary to determine the area and justification to designate areas as unsuitable for mining.

6. This information is collected only when a petition is filed. Therefore, frequency of collection does not apply here.

7. This information collection is consistent with the guidelines in 5 CFR 1320.5(d)(2).

8. OSM published a proposed regulation in the Federal Register on June 10, 1982 (47 FR 25278), with a 75-day comment period. No comments concerning the information collection requirements were received.

In March 2007, OSM consulted with an expert on the preparation of petitions to designate lands unsuitable for coal mining, and a State regulatory authority with experience in processing these petitions. The persons contacted were:

Adam Babich

Director, Tulane Environmental Law Clinic

6329 Freret St. Suite 130B

(504)865-5789

Dale Berquist

Geologist Supervisor

Louisiana Office of Conservation

P.O. Box 94275

Baton Rouge, LA

(225) 342-5586

Based on discussions with these two individuals, to the best of their knowledge, it was agreed that approximately 300 hours were required to complete the information for each petition. Neither one of them expressed concern with the availability of data, frequency of collection, clarity of instructions, nor data elements reported.

On April 17, 2007, OSM published in the Federal Register (72 FR 19215) a notice requesting comments from the public regarding 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 on respondents. This notice gave the public 60 days in which to comment. However, no comments were received.

9. Payments or gifts are not provided to respondents.

10. Not applicable. OSM does not solicit confidential information.

11. Not applicable. No sensitive questions are asked.

16. Not applicable. OSM has no plans for publication of this information.

17. Not applicable. OSM is not seeking a waiver from the requirement to display the collection expiration date.

18. Not applicable. There are no exceptions to the certification statement.

Supporting Statement for Reporting Requirements

in 30 CFR 764.13(b) and 764.13(c)

A. Justification

1. Section 522(c) of SMCRA specifies that any person who is or may be adversely affected by mining operations shall have the right to petition the regulatory authority to have an area designated as unsuitable for surface coal mining operations, or to have such a designation terminated. The petition must contain allegations of facts with supporting evidence that tend to establish the allegations.

2. Section 764.13(b) requires the regulatory authority to determine what information petitioners must provide to have an area designated as unsuitable for surface coal mining operations and specifies the minimum amount of information the petitioner must provide.

Unsuitability Petition: The regulatory authority uses the following information to identify, locate, compare and evaluate the area requested to be designated as unsuitable for surface coal mining operations.

(a) Petitioner's name, address, telephone number and notarized signature are needed to identify the person requesting the designation.

(b) Identification of the petitioned area including its location and size and a U.S. Geological Survey topographic map outlining the perimeter of the petitioned area is needed to locate and evaluate the land.

(c) The interest of the petitioner that is or may be affected is needed to determine the right of the petitioner to petition under section 522.

(d) A description of how mining in the area has affected or may adversely affect people, land air or water, or other resources, including the petitioner's interest.

(e) Allegations of facts and supporting evidence are needed to justify a designation of unsuitability under sections 522(a)(2) and (3).

Section 764.13(c) requires the regulatory authority to determine what information a petitioner must submit to terminate a designation of unsuitability, and specifies the minimum amount of information needed.

Petition to Terminate Unsuitability: The regulatory authority will use the following information to identify, locate, compare and evaluate the area for which a petition to terminate the designation of unsuitability has been filed.

(a) Petitioner's name, address, telephone number and notarized signature are needed to identify the person requesting the termination.

(b) Identification of the petitioned area including its location and size and a U.S. Geological Survey topographic map outlining the perimeter of the petitioned area is needed to locate and evaluate the land.

(c) The interest of the petitioner that is or may be affected if the designation of unsuitability is not terminated is needed to determine the right of the petitioner to petition under section 522.

(d) Allegations of facts and supporting evidence which tend to establish that the designation should be terminated because the justification for the termination no longer exists. Supporting evidence is required as follows: (1) The nature or abundance of the protected resource or condition if the designation was based on criteria found in section 522(a)(3) concerning the substantial loss or reduction of such resource;(2) That reclamation is now technologically and economically feasible if the designation was based on the criteria found in section 522(a)(2); or (3) That resources or conditions will not be affected by surface coal mining operations, or in the case of land use plans, will not be incompatible with surface coal mining operations during and after mining if the designation was based on the criteria found in section 522(a)(3).

3. See Identical Responses to Statements.

4. See Identical Responses to Statements.

5. See Identical Responses to Statements.

6. See Identical Responses to Statements.

7. See Identical Responses to Statements.

8. See Identical Responses to Statements.

9. See Identical Responses to Statements.

10. See Identical Responses to Statements.

11. See Identical Responses to Statements.

12. Reporting and Reviewing Burden

a. Estimate of Respondent Reporting Burden

OSM estimates, based on information obtained from the Evaluation Year 2005 annual oversight reports, that 3 petitions to designate lands unsuitable for mining are submitted annually. Based on discussions with the individuals identified in item 8 above, it will take each respondent 300 hours to complete the petition to designate lands unsuitable or terminate such designation. 3 petitions x 300 hours = 900 hours.

b. Estimated Wage Cost to Respondents

Using $60 per hour, the annual cost for each respondent would be 300 hours x $60 or $18,000. The total cost for all respondents filing a petition would be 3 petitions x 300 hours x $60 per hour or $54,000.

13. a. Annualized Capital and Start-up Costs

Capital and start-up costs are minimal to complete this information collection beyond that incurred by normal business activities.

b. Operation and Maintenance Costs

There are no operations or maintenance costs associated with the information collection requirements for sections 764.13(b) and(c).

14. Estimate of Cost to the Federal Government

The Federal government will not incur any cost for this section of the regulation. OSM has no direct oversight responsibility for the designation of lands unsuitable under this part. During the annual review of the State Regulatory Program, OSM staff may review the process used by the State to evaluate the petitions, but not the petitions themselves.

15. The previously approved burden estimate for section 764.13(b) and (c) estimated the burden to be 600 hours. This information collection request increases the burden to 900 hours. This 300-hour increase is attributed to a re-estimate of respondent burden. The burden under this section will change as follows:

600 hours currently approved

+ 300 hours due to an adjustment

900 hours requested

16. See Identical Responses to Statements.

16. See Identical Responses to Statements.

16. See Identical Responses to Statements.

Supporting Statement for Reporting Requirements in

30 CFR 764.15

A. Justification

1. Section 522(a) of the Act requires the regulatory authority to provide notice to the public in a local newspaper of receipt of a petition to designate lands unsuitable and request relevant information from the public concerning the petition.

2. Section 764.15(a) of the regulations require that within 30 days of receipt of a petition, the regulatory authority must provide written notification to the petitioner of whether the petition is complete.

Section 764.15(b) requires that the regulatory authority post a newspaper advertisement in a local paper announcing receipt of the petition and requesting factual comments from the general public regarding the petition.

Section 764.15(d) requires that the regulatory authority maintain a record of the petition and all records received pertaining to the petition, for public inspection.

3. See Identical Responses to Statements.

4. See Identical Responses to Statements.

5. See Identical Responses to Statements.

6. See Identical Responses to Statements.

7. See Identical Responses to Statements.

8. See Identical Responses to Statements.

9. See Identical Responses to Statements.

10. See Identical Responses to Statements.

11. See Identical Responses to Statements.

12. Reporting and Reviewing Burden

a. Estimate of Burden to Respondents

OSM estimates that annually 3 petitions will be filed in States with primacy. This estimate is based on information obtained from the Evaluation Year 2005 annual oversight reports. Based on the interviews performed in March 2007, it will take the regulatory authority an average of 40 hours to review each petition for completeness, prepare and submit the newspaper advertisement, and create a petition file for public inspection. 3 petitions x 40 hours = 120 hours.

b. Estimate of Cost to Respondents

Using $45 per hour, the annual cost for each respondent would be 40 hours x $45 or $1,800. Therefore, total cost for all respondents to comply with section 764.15 would be 3 petitions in primacy States x 40 hours x $45 per hour or $5,400.

13. a. Annualized Capital and Start-up Costs

OSM estimates that the regulatory authorities would spend $50 per newspaper advertisement announcing receipt of a petition to designate lands unsuitable and request relevant information from the public concerning the petition. Therefore, the cost would be $50 x 3 newspaper ads = $150.

b. Operation and Maintenance Costs

There are no distinct operations or maintenance costs associated with the information collection requirements for section 764.15.

14. Estimate of Cost to the Federal Government

The Federal government will not incur cost under 764.15. The cost to the Federal government to process unsuitability petitions under SMCRA is discussed under Part 769.

15. The previously approved OSM inventory for section 764.15 estimated the burden to be 180 hours. This information collection request will change the currently approved burden estimate to 120 hours for this section. This 60-hour reduction is attributed to use of a more efficient administrative review process by the States.

180 hours currently approved

- 60 hours due to a burden adjustment

120 hours requested

16. See Identical Responses to Statements.

17. See Identical Responses to Statements.

18. See Identical Responses to Statements.

Supporting Statement for Reporting Requirements in

30 CFR 764.17

A. Justification

1. Section 522(c) of the Act requires the regulatory authority to hold a public hearing in the locality of the area covered by the petition and to issue a written decision. Section 522(d) requires that, prior to designating lands unsuitable, the regulatory authority prepare a detailed statement concerning the potential coal resources of the area, the demand for coal resources and the impact of any designation on the environment, the economy and the supply of coal.

2. Section 764.17(a) - (d) of the regulations implement the requirements of section 522(c) pertaining to announcing and holding hearings. Regulatory authorities are required to notify individuals of the public hearing by mail and newspaper advertisements prior to the date of the hearing.

Section 764.17(e) of the regulations implements the requirements of section 522(d) pertaining to preparing a detailed statement on the potential coal resources of the area and the impacts of any designation upon the economy, the environment and the supply of coal. This statement is used as part of the basis for the decision on the petition.

3. See Identical Responses to Statements.

4. See Identical Responses to Statements.

5. See Identical Responses to Statements.

6. See Identical Responses to Statements.

7. See Identical Responses to Statements.

8. See Identical Responses to Statements.

9. See Identical Responses to Statements.

10. See Identical Responses to Statements.

11. See Identical Responses to Statements.

12. Reporting and Reviewing Burden

a. Estimate of Burden to Respondents

OSM estimates that 3 petitions to designate lands unsuitable for surface coal mining operations will be filed annually and processed by State regulatory authorities. This estimate is based on data obtained from the Evaluation Year 2005 annual oversight reports. Based on information obtained during interviews conducted with an expert on the preparation of petitions and also a State regulatory authority with experience in processing petitions, OSM estimates it will take each State regulatory authority an average of 500 hours to process each petition, or 3 petitions x 500 hours = 1,500 total hours.

b. Estimated Cost to Respondents

Using $45 per hour, the annual cost for each respondent would be 500 hours x $45 or $22,500. The total cost for all State regulatory authorities to process the petitions would be 3 petitions x 500 hours x $45 per hour or $67,500.

13. a. Annualized Capital and Start-up Costs

There are no capital or start-up costs to complete this information collection beyond that incurred by normal business activities.

b. Operation and Maintenance Costs

There are no distinct operations or maintenance costs associated with the information collection requirements for section 764.17.

14. Estimate of Cost to the Federal Government

The Federal government will not incur cost under 764.17. The cost to the Federal government to process unsuitability petitions under SMCRA is discussed under Part 769.

15. Not applicable. No changes were recorded.

16. See Identical Responses to Statements.

17. See Identical Responses to Statements.

18. See Identical Responses to Statements.

Supporting Statement for Reporting Requirements in

30 CFR 764.19

A. Justification

1. Section 522(c) of the Act requires the regulatory authorities to issue and furnish, within 60 days after the hearing, to the petitioner and any other person at the hearing a written decision regarding the petition and the reasons for the approval or denial.

2. Section 764.19(b) implements the requirement in section 522(c) to issue a final written decision within 60 days of completion of the public hearing or if no public hearing is held, within 12 months after receipt of the complete petition. This decision of the regulatory authority will inform persons of the official action taken on the petition.

3. See Identical Responses to Statements.

4. See Identical Responses to Statements.

5. See Identical Responses to Statements.

6. See Identical Responses to Statements.

7. See Identical Responses to Statements.

8. See Identical Responses to Statements.

9. See Identical Responses to Statements.

10. See Identical Responses to Statements.

11. See Identical Responses to Statements.

12. Reporting and Reviewing Burden

a. Estimate of Burden to Respondents

Based on information obtained from the Evaluation Year 2005 annual oversight reports, OSM estimates that 3 petitions will be filed annually which will require a final written decision to be made by State regulatory authorities. Those contacted in item 8 above indicated that it will take the regulatory authority an average of 700 hours to review all of the allegations received during the public comment period and public hearing, and prepare its written decision, or 3 petitions x 700 hours = 2,100 hours.

b. Estimated Cost to Respondents

Using $45 per hour, the annual cost for each respondent would be 700 hours x $45 = $31,500. The total cost for all respondents to process the petitions would be 3 petitions x 700 hours x $45 per hour = $94,500.

13. a. Annualized Capital and Start-up Costs

There are no capital or start-up costs to complete this information collection beyond that incurred by normal business activities.

b. Operating and Maintenance Costs

There are no distinct operations or maintenance costs associated with the information collection requirements for section 764.19.

14. Estimate of Cost to the Federal Government

The Federal government will not incur cost under 764.19.

The cost to the Federal government to process under SMCRA is discussed under Part 769.

15. Not applicable. No changes were recorded.

16. See Identical Responses to Statements.

17. See Identical Responses to Statements.

18. See Identical Responses to Statements.

Supporting Statement for Recordkeeping Requirements

764.21 and 764.25

A. Justification

1. Section 522(a)(4)(B) requires the State to develop a data base and an inventory system which will permit proper evaluation of the capacity of different land areas of the State to support and permit reclamation of surface coal mining operations.

2. Sections 764.21(a), (b) and (c) of the regulations implement section 522(a)(4)(B) of SMCRA. These paragraphs of the regulations require the regulatory authority to develop a database and inventory system and specify what information must be added to it. Section 764.21(b) requires the regulatory authority to include in the database, information relevant to the criteria specified in section 522(b) and (c) of the Act. Section 764.21(c) requires the regulatory authority to add to the database and inventory system information on potential coal resources of the State, the environment, the economy, data that becomes available from petitions, and other data used in reaching decisions on unsuitability petitions.

The database and inventory system will be used by the regulatory authority to make a proper evaluation of the capacity of different land areas of the State to support and permit reclamation of surface coal mining operations and to aid in the evaluation of petitions filed under section 522(c) of SMCRA.

Section 764.25(b) requires the regulatory authority to maintain a map or a unified and cumulative record of areas designated as unsuitable for all or certain types of surface coal mining operations. This information will be used as a basis for making determinations on unsuitability petitions and for determining, when a permit application is filed, whether it includes any area designated as unsuitable for surface coal mining.

Because the requirement to maintain the database and the map or record of areas designated as unsuitable are similar and would normally be maintained in the same location at the same time, they are being considered together.

3. See Identical Responses to Statements.

4. See Identical Responses to Statements.

5. See Identical Responses to Statements.

6. See Identical Responses to Statements.

7. See Identical Responses to Statements.

8. See Identical Responses to Statements.

9. See Identical Responses to Statements.

10. See Identical Responses to Statements.

11. See Identical Responses to Statements.

12. Recordkeeping Burden

a. Estimate of Respondent Recordkeeping Burden

OSM estimates that it will take 99 hours to add information to the data base system and 1 hour to maintain the map requirement for a total of 100 hours for each petition for which a designation of unsuitability or termination of designation is granted. 3 petitions x 100 hours = 300 hours to file petitions.

b. Estimated Cost to Respondents

Using $45 per hour, the annual cost for each respondent would be 100 hours x $45 = $4,500. The total cost for all respondents would be 100 hours x 3 x $45 = $13,500.

13. a. Annualized Capital and Start-up Costs

Capital and start-up costs are minimal to complete this information collection beyond that incurred by normal business activities.

b. Operation and Maintenance Costs

There are no distinct operations or maintenance costs associated with the information collection requirements for sections 764.21 and .25.

14. Estimate of Cost to the Federal Government

The Federal government will not incur cost under 764.21 and 764.25. The cost to the Federal government to process unsuitability petitions under SMCRA is discussed under Part

769.

The Federal government will not incur any cost for this section through oversight.

15. Not applicable. No changes were recorded.

16. See Identical Responses to Statements.

17. See Identical Responses to Statements.

18. See Identical Responses to Statements.

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