[Federal Register Volume 59, Number 207 (Thursday, October 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26603]
[[Page Unknown]]
[Federal Register: October 27, 1994]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 943
Texas Permanent 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 additional explanatory
information and revisions 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 additional explanatory information and revisions for Texas'
proposed rules and statute pertain to ownership and control. The
amendment is intended to revise the Texas program to be consistent with
the corresponding Federal regulations and SMCRA.
This document sets forth the times and locations that the Texas
program and proposed amendment to that program are available for public
inspection and dates and times of the reopened comment period during
which interested persons may submit written comments on the proposed
amendment.
DATES: Written comments must be received by 4:00 p.m., c.s.t., November
14, 1994.
ADDRESSES: Written comments should be mailed or hand delivered to James
H. Moncrief at the address listed below.
Copies of the Texas program, the proposed amendment, and all
written comments received in response to this document 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.
James H. Moncrief, Director, Tulsa Field Office, Office of Surface
Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 550,
Tulsa, OK 74135, Telephone: (918) 581-6430;
Railroad Commission of Texas, Surface Mining and Reclamation Division,
Capitol Station, P.O. Drawer 12967, Austin, TX 78711, Telephone: (512)
463-6900.
FOR FURTHER INFORMATION CONTACT:
James H. Moncrief, 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 of the Texas program can be
found in the February 27, 1980, Federal Register (45 FR 12998).
Subsequent actions concerning Texas' program and program amendments can
be found at 30 CFR 943.15 and 943.16.
II. Submission of Proposed Amendment
By letter dated May 24, 1994, (Administrative Record No. TX-576),
Texas submitted a proposed amendment to its program pursuant to SMCRA.
Texas submitted the proposed amendment in response to required program
amendments at 30 CFR 943.16(c) (1) and (2), (d), (f), (j)(1), (2), (3),
and (4), (r), and (s) (59 FR 13200, March 21, 1994). The ownership and
control provisions of the Texas Coal Mining Regulations (TCMR) at 16
Texas Administrative Code (TAC) Sec. 11.221 and of the Texas Surface
Coal Mining and Reclamation Act (TSCMRA) at Article 5920-11 of the
Texas Revised Civil Statutes Annotated that Texas proposed to amend
were: TCMR Sec. 778.116(m), identification of interests and compliance
information; TCMR Sec. 786.215(e) and (f), review of permit
applications; TCMR 786.216(i) through (n), criteria for permit approval
or denial; TCMR Sec. 788.225(f), (g), and (h), commission review of
outstanding permits; and section 21(c) of TSCMRA, reporting notices of
violations in permit applications.
OSM announced receipt of the proposed amendment in the June 30,
1994, Federal Register (59 FR 33705) and invited public comment on its
adequacy (Administrative Record No. TX-576.07). The public comment
period ended August 1, 1994.
During its review of the amendment, OSM identified concerns
relating to the provisions of the rules and statute at TCMR
Sec. 778.116(m), identification of interests and compliance
information; TCMR Sec. 786.215(e)(1), review of permit applications;
TCMR Sec. 788.225(g), commission review of outstanding permits; and
section 21(c) of TSCMRA, reporting notices of violations in permit
applications. OSM notified Texas of the concerns by letter dated August
11, 1994 (Administrative Record No. TX-576.12). In response to OSM's
concerns for these provisions, Texas, in a letter dated October 6,
1994, submitted a revised amendment (Administrative Record No. TX-
576.13).
Texas proposes to additionally (1) revise TCMR Sec. 778.116(m) and
TCMR Sec. 786.215(e)(1) so that each requires an application to list
violations incurred by the applicant under all SMCRA-approved State
programs, including the Texas program; (2) recodify the previously
proposed second sentence of TCMR Sec. 788.225(g) as (g)(1) and
subparagraphs (g) (1) through (4) as (g)(1) (i) through (iv); (3)
revise TCMR Sec. 788.225(g) to provide that if the Commission elects to
rescind an improvidently issued permit it must serve the permittee with
a notice of the proposed rescission and include the reasons under TCMR
Sec. 788.225(e) for the Commission's findings; (4) revise TCMR
Sec. 788.225(g)(g)(1)(iv) to require the Commission to find that, in
addition to severing any ownership or control link with the responsible
person, the permittee does not continue to be responsible for the
violation, penalty, or fee; and (5) recodify previously proposed TCMR
Sec. 788.225(h) and (i), respectively, as TCMR Sec. 788.225(g)(2) and
(h).
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 proposed 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 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 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
1. 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).
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. 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 of 1969 (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.
List of Subjects in 30 CFR Part 943
Intergovernmental relations, Surface mining, Underground mining.
Dated: October 21, 1994.
Charles E. Sandberg,
Acting Assistant Director, Western Support Center.
[FR Doc. 94-26603 Filed 10-26-94; 8:45 am]
BILLING CODE 4310-05-M
