[Federal Register Volume 60, Number 176 (Tuesday, September 12, 1995)]
[Proposed Rules]
[Pages 47316-47317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22517]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 943
[SPATS No. TX-024-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). The
proposed amendment consists of revisions to the Texas Coal Mining
Regulations (TCMR) pertaining to self-bonding. The amendment is
intended to revise the Texas program to be consistent with the
corresponding Federal regulations, provide additional safeguards, and
improve operational efficiency.
DATES: Written comments must be received by 4:00 p.m., c.d.t., October
12, 1995. If requested, a public hearing on the proposed amendment will
be held on October 10, 1995. Requests to speak at the hearing must be
received by 4:00 p.m., c.d.t., on September 27, 1995.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Mr. Tim L. Dieringer, 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.
Tim L. Dieringer, 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,
78711-2967, Telephone: (512) 463-6900.
FOR FURTHER INFORMATION CONTACT:
Mr. Tim L. Dieringer, 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 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 proposes to amend the Texas Coal Mining Regulations at subsection
806.309(j)(2)(C)(iv) concerning the criteria for acceptance of self-
bonds to ensure reclamation performance.
Texas proposes to include an indicator ratio of total liability to
net worth of 2.5 or less as an alternative to its existing self-bonding
requirement for a ratio of total liabilities to net worth that is equal
to or less than the industry median reported by the Dun and
[[Page 47317]]
Bradstreet Corporation for the applicant's primary standard industry
classification code.
Texas also proposes to add new criteria which applicants can meet
to qualify for self-bonding as an alternative to Texas' existing
criteria. This alternative method of self-bonding includes a specific
requirement for net worth of at least $100 million, a requirement for
fixed assets in the United States totaling at least $200 million, a
requirement for issued and outstanding securities pursuant to the
Securities Act of 1933 subject to the periodic financial reporting
requirements of the Securities and Exchange Act of 1934, and a
requirement that the total amount of the applicant's outstanding and
proposed self-bonds for surface coal mining and reclamation operations
shall not exceed 16\2/3\ percent of the applicant's net worth in the
United States.
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 September 27, 1995. The location and time of the hearing
will be arranged with those persons requesting the hearing. Of 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.
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.
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 ADDRESSES. 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 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 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
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.).
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, Surfacing mining, Underground mining.
Dated: August 24, 1995.
Russell Frum,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 95-22517 Filed 9-11-95; 8:45 am]
BILLING CODE 4310-05-M
