Section 11-8-2.3-31-3111 - Public Availability of Information in Permit Applications on File with the Office(a) General Availability. Except as provided in § 53-9-43 and §§ 3111(b), all applications for permits, modifications of a permit, revisions, renewal of a permit, and transfers, assignments or sales of permit rights, information pertaining to coal seams, test borings, core sampling or soil samples in an application on file with the Permit Board shall be available, at reasonable times, for public inspection and copying.(b)(1) Information submitted to the Department, Commission or Permit Board in an application and concerning trade secrets or privileged commercial or financial information relating to the competitive rights of an applicant and which is specifically identified as confidential, shall not be available for public examination and shall not be considered as a public record if: (A) The applicant submits a written confidentiality claim to the Commission before the submission of the information; and(B) The Commission determines the confidentiality claim to be valid in accordance with § 3111(b)(2).(2) Only the following types of information submitted in an application may be held confidential:(A) Information that pertains only to the analysis of the chemical and physical properties of the coal to be mined, except information on components of such coal which are potentially toxic in the environment;(B) Information required under §§ 2715-2727 that is not otherwise on public file pursuant to state law; and(C) Information on the nature and location of archeological resources on public land and Indian land as required under the Archeological Resources Protection Act of 1979 ( Pub. L. 96-95, 93 Stat.721, 16 U.S.C. 470) .(3) The confidentiality claim shall include a generic description of the nature of the information included in the submission. Any information for which a confidentiality claim is asserted shall not be disclosed pending the outcome of any formal hearing and all appeals concerning the confidentiality of the information.(4) Information on the nature and location of archaeological resources on public land and Indian land as required under the Archaeological Resources Protection Act of 1979 ( Pub. L. 96-95, 93 Stat. 721, 16 U.S.C. 470) shall be treated by the Commission, Permit Board and Department as required under these Acts.11 Miss. Code. R. § 8-2.3-31-3111