[Federal Register Volume 60, Number 199 (Monday, October 16, 1995)]
[Proposed Rules]
[Pages 53567-53569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25560]



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DEPARTMENT OF THE INTERIOR
30 CFR Part 943

[TX-024-FOR]


Texas 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 a revision 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 proposed revision to the 
proposed amendment pertains to self-bonding. The proposed amendment is 
intended to revise the State program to be consistent with the 
corresponding Federal regulations.
    This notice sets forth the times and locations that the Texas 
program and 

[[Page 53568]]
revisions to the proposed amendment to that program are available for 
public inspection, and the reopened comment period during which 
interested persons may submit written comments on the proposed 
amendment.

dates: Written comments must be received by 4 p.m., c.s.t., October 31, 
1995.

addresses: Written comments should be mailed or hand delivered to Mr. 
Jack R. Carson, Acting Director, Tulsa Field Office, at the address 
listed below.
    Copies of the Texas program, the proposed amendment, and all 
written comments received in response to this notice 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.
Railroad Commission of Texas, Surface Mining and Reclamation Division, 
1701 North Congress Avenue, P.O. Box 12967, Austin, Texas, 78711-2967, 
Telephone: (512) 463-6900.

for further information contact: Mr. 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 amendments can be found at 30 CFR 943.10, 943.15, and 
943.16.

II. 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 
proposed to amend the Texas Administrative Code (TAC) at 16 TAC 11.221, 
Texas Coal Mining Regulations (TCMR) Sec. 806.309(j)(2)(C), concerning 
the criteria for acceptance of self-bonds to ensure reclamation 
performance.
    OSM announced receipt of the proposed amendment in the September 
12, 1995, Federal Register (60 FR 47316), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on the adequacy of the amendment. The public comment 
period would have ended October 12, 1995.
    On September 23, 1995 (Administrative Record No. TX-593.03), OSM 
contacted Texas for clarification on the amendment. Specifically, OSM 
needed to know what effect Texas' existing 25 percent of net worth 
limitation provision at TCMR Sec. 806.309(j)(5)(A) would have on the 
proposed 16\2/3\ percent net worth limitation provision at TCMR 
Sec. 806.309(j)(2)(C)(iv)(II)(C). TCMR Sec. 806.309(j)(5)(A) limits the 
total amount of the applicant's outstanding and proposed self-bonds for 
surface coal mining and reclamation operations to 25 percent of the 
applicant's tangible net worth in the United States. While TCMR 
Sec. 806.309(j)(2)(C)(iv)(II)(C) limits the total amount of the 
applicant's outstanding and proposed self-bonds for surface coal mining 
and reclamation operations to 16\2/3\ percent of the applicant's net 
worth in the United States.
    On September 25, 1995, Texas clarified its proposed provision at 
TCMR 806.309(j)(2)(C)(iv)(II)(C) by submitting a revised amendment 
package (Administrative Record No. TX-593.02). Specifically, Texas 
proposes to add the following new provision at TCMR 
806.309(j)(2)(C)(iv).

    The limitation contained in subparagraph (II)(C) of this section 
applies to applicants or guarantors qualifying pursuant to 
subparagraph (II) only and does not affect the limitation set out in 
Section 806.309(j)(5)(A) for applicants or guarantors seeking 
acceptance of a self-bond pursuant to paragraphs i-iii or 
subparagraph (I) of this section.

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 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

    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.

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 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.

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 (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.).

[[Page 53569]]


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 3, 1995.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 95-25560 Filed 10-13-95; 8:45 am]
BILLING CODE 4310-05-M