[Federal Register Volume 61, Number 143 (Wednesday, July 24, 1996)]
[Proposed Rules]
[Pages 38420-38422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18783]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 943
[SPATS No. TX-31-FOR]
Texas Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
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SUMMARY: OSM is announcing receipt of a proposed amendment to the Texas
regulatory program (hereinafter the ``Texas program'') under the
Surface Mining Control and Reclamation Act of 1977 (SMCRA). Texas
proposed revisions to its regulations pertaining to rough backfilling
and grading performance standards for cyclic and continuous excavation
area strip mining operations. The amendments is intended to revise the
Texas program to take into consideration the two types of area strip
mining excavation operations conducted in the State of Texas and to
clarify the time and distance standards for cyclic excavation area
strip mining.
DATES: Written comments must be received by 4:00 p.m. c.d.t., August
23, 1996. If requested, a public hearing on the proposed amendment will
be held on August 19, 1996. Requests to speak at the hearing must be
received by 4:00 p.m., c.d.t. August 8, 1996.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Jack R. Carson, Acting Director, Tulsa
Field Office, at the address listed below.
Copies of the Texas program, the proposed amendment, a listing of
any scheduled public hearings, 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.
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.
Surface Mining and Reclamation Division, Railroad Commission of Texas,
1701 North Congress Avenue, P.O. Box 12967, Austin, Texas,
[[Page 38421]]
78711-2967, Telephone: (512) 463-6900.
FOR FURTHER INFORMATION CONTACT:
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 can be found at 30 CFR 943.10, 943.15, and 943.16.
II. Description of the Proposed Amendment
By letter dated July 11, 1996 (Administrative Record No. TX-617),
Texas submitted a proposed amendment to its program pursuant to SMCRA.
Texas submitted the proposed amendment at its own initiative. Texas
proposes to amend Texas Coal Mining Regulations (TCMR) 816.384
(Backfilling and Grading--General Requirements) by providing rough
backfilling and grading timing provisions for two types of area strip
mining operations, cyclic excavation and continuous excavation. Texas
also proposes to clarify that time and distance variances may be
approved for cyclic excavation area strip mining operations.
1. TCMR 816.384(a)(3) Timing of Backfilling and Grading for Cyclic
Excavation Area Strip Mining
Texas proposes to limit its rough backfilling and grading
provisions at TCMR 816.384(a)(3) to the cyclic excavation method of
area strip mining. Texas also proposes to clarify that time and
distance variances may be approved for cyclic excavation area strip
mining operations by providing for an exception to its four spoil ridge
limitation. The permittee must demonstrate that additional time and/or
distance is necessary.
2. TCMR 816.384(a)(4) Timing of Backfilling and Grading for Continuous
Excavation Area Strip Mining
Texas proposes to add the following provision at TCMR 816.384(a)(4)
concerning rough backfilling and grading timing requirements for
continuous excavation area strip mining.
Area strip mining (continuous excavation). Rough backfilling and
grading shall occur in accordance with the time schedule approved by
the Commission, on the basis of a detailed written analysis by the
permittee under Section .145(b)(3) and any additional information
which the Commission may require.
III. Public Comment Procedures
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.
Public Hearing
Persons wishing to speak at the public hearing should contact the
person listed under for further information contact by 4:00 p.m.,
c.d.t. on August 8, 1996. The location and time of the hearing will be
arranged with those persons requesting the hearing. Any disabled
individual who has need for a special accommodation to attend a public
hearing should contact the individual listed under for further
information contact. If no one requests an opportunity to speak at the
public hearing, the hearing will not be held.
Filing of a written statement at the time of the hearing is
requested as it will greatly assist the transcriber. Submission of
written statements in advance of the hearing will allow OSM officials
to prepare adequate responses and appropriate questions.
The public hearing will continue on the specified date until all
persons scheduled to speak have been heard. Persons in the audience who
have not been scheduled to speak, and who wish to do so, will be heard
following those who have been scheduled. The hearing will end after all
persons scheduled to speak and persons present in the audience who wish
to speak have been heard.
Public Meeting
If only one person requests an opportunity to speak at a hearing, a
public meeting, rather than a public hearing, may be held. Persons
wishing to meet with OSM representatives to discuss the proposed
amendment may request a meeting by contacting the person listed under
for further information contact. All such meetings will be open to the
public and, if possible, notices of meetings will be posted at the
locations listed under addressees. A written summary of each meeting
will be made a part of 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 12988
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 (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 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 programs 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 contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior has determined that this rule will
not have a significant economic impact on a
[[Page 38422]]
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 States. In making the determination as to whether
this rule would have a significant economic impact, the Department
relied on the data and assumptions for the counterpart Federal
regulations.
Unfunded Mandates
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
List of Subjects in 30 CFR Part 943
Intergovernmental relations, Surface mining, Underground mining.
Dated: July 17, 1996.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 96-18783 Filed 7-23-96; 8:45 am]
BILLING CODE 4310-05-M
