[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