[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