[Federal Register Volume 60, Number 199 (Monday, October 16, 1995)]
[Proposed Rules]
[Pages 53567-53569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25560]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 943
[TX-024-FOR]
Texas Regulatory Program
agency: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
action: Proposed rule; reopening and extension of public comment period
on proposed amendment.
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summary: OSM is announcing receipt of a revision pertaining to a
previously proposed amendment to the Texas regulatory program
(hereinafter, the ``Texas program'') under the Surface Mining Control
and Reclamation Act of 1977 (SMCRA). The proposed revision to the
proposed amendment pertains to self-bonding. The proposed amendment is
intended to revise the State program to be consistent with the
corresponding Federal regulations.
This notice sets forth the times and locations that the Texas
program and
[[Page 53568]]
revisions to the proposed amendment to that program are available for
public inspection, and the reopened comment period during which
interested persons may submit written comments on the proposed
amendment.
dates: Written comments must be received by 4 p.m., c.s.t., October 31,
1995.
addresses: Written comments should be mailed or hand delivered to Mr.
Jack R. Carson, Acting Director, Tulsa Field Office, at the address
listed below.
Copies of the Texas program, the proposed amendment, and all
written comments received in response to this notice will be available
for public review at the addresses listed below during normal business
hours, Monday through Friday, excluding holidays. Each requester may
receive one free copy of the proposed amendment by contacting OSM's
Tulsa Field Office.
Jack R. Carson, Acting Director, Tulsa Field Office, Office of Surface
Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470,
Tulsa, Oklahoma, 74135-6547, Telephone: (918) 581-6430.
Railroad Commission of Texas, Surface Mining and Reclamation Division,
1701 North Congress Avenue, P.O. Box 12967, Austin, Texas, 78711-2967,
Telephone: (512) 463-6900.
for further information contact: Mr. Jack R. Carson, Acting Director,
Tulsa Field Office, Telephone: (918) 581-6430.
SUPPLEMENTARY INFORMATION:
I. Background on the Texas Program
On February 16, 1980, the Secretary of the Interior conditionally
approved the Texas program. General background information on the Texas
program, including the Secretary's findings, the disposition of
comments, and the conditions of approval, can be found in the February
27, 1980, Federal Register (45 FR 12998). Subsequent actions concerning
the Texas program amendments can be found at 30 CFR 943.10, 943.15, and
943.16.
II. Proposed Amendment
By letter dated August 11, 1995 (Administrative Record No. TX-593),
Texas submitted a proposed amendment to its program pursuant to SMCRA.
Texas submitted the proposed amendment at its own initiative. Texas
proposed to amend the Texas Administrative Code (TAC) at 16 TAC 11.221,
Texas Coal Mining Regulations (TCMR) Sec. 806.309(j)(2)(C), concerning
the criteria for acceptance of self-bonds to ensure reclamation
performance.
OSM announced receipt of the proposed amendment in the September
12, 1995, Federal Register (60 FR 47316), provided an opportunity for a
public hearing or meeting on its substantive adequacy, and invited
public comment on the adequacy of the amendment. The public comment
period would have ended October 12, 1995.
On September 23, 1995 (Administrative Record No. TX-593.03), OSM
contacted Texas for clarification on the amendment. Specifically, OSM
needed to know what effect Texas' existing 25 percent of net worth
limitation provision at TCMR Sec. 806.309(j)(5)(A) would have on the
proposed 16\2/3\ percent net worth limitation provision at TCMR
Sec. 806.309(j)(2)(C)(iv)(II)(C). TCMR Sec. 806.309(j)(5)(A) limits the
total amount of the applicant's outstanding and proposed self-bonds for
surface coal mining and reclamation operations to 25 percent of the
applicant's tangible net worth in the United States. While TCMR
Sec. 806.309(j)(2)(C)(iv)(II)(C) limits the total amount of the
applicant's outstanding and proposed self-bonds for surface coal mining
and reclamation operations to 16\2/3\ percent of the applicant's net
worth in the United States.
On September 25, 1995, Texas clarified its proposed provision at
TCMR 806.309(j)(2)(C)(iv)(II)(C) by submitting a revised amendment
package (Administrative Record No. TX-593.02). Specifically, Texas
proposes to add the following new provision at TCMR
806.309(j)(2)(C)(iv).
The limitation contained in subparagraph (II)(C) of this section
applies to applicants or guarantors qualifying pursuant to
subparagraph (II) only and does not affect the limitation set out in
Section 806.309(j)(5)(A) for applicants or guarantors seeking
acceptance of a self-bond pursuant to paragraphs i-iii or
subparagraph (I) of this section.
III. Public Comment Procedures
OSM is reopening the comment period on the proposed Texas program
amendment to provide the public an opportunity to reconsider the
adequacy of the amendment in light of the additional materials
submitted. 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 Texas program.
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 Tulsa Field Office will not
necessarily be considered in the final rulemaking or included in the
administrative record.
IV. Procedural Determinations
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).
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, to the extent allowed by law, 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.
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 (42 U.S.C.
4332(2)(C)).
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.).
[[Page 53569]]
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.
List of Subjects in 30 CFR Part 943
Intergovernmental relations, Surface mining, Underground mining.
Dated: October 3, 1995.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 95-25560 Filed 10-13-95; 8:45 am]
BILLING CODE 4310-05-M
