[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Rules and Regulations]
[Pages 15380-15382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8631]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 943
[SPATS No. TX-029-FOR]
Texas Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: OSM is approving a proposed amendment to the Texas regulatory
program (hereinafter referred to as the ``Texas program'') under the
Surface Mining Control and Reclamation Act of 1977 (SMCRA). Texas
proposed revisions to rules pertaining to road systems, support
facilities, and utility installations. The amendment is intended to
revise the Texas program to be consistent with the corresponding
Federal regulations and incorporate the additional flexibility afforded
by the revised Federal regulations.
EFFECTIVE DATE: April 8, 1996.
FOR FURTHER INFORMATION CONTACT:
Jack R. Carson, Acting Director, Tulsa Field Office, Office of Surface
Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470,
Tulsa, Oklahoma 74135-6548, Telephone: (918) 581-6430.
SUPPLEMENTARY INFORMATION:
I. Background on the Texas Program
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations
I. Background on the Texas Program
On February 16, 1980, the Secretary of the Interior conditionally
approved the Texas program. 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 conditions of approval and program amendments can be found at 30
CFR 943.10, 943.15, and 943.16.
II. Submission of the Proposed Amendment
By letter dated December 20, 1995 (Administrative Record No. TX-
608), Texas submitted a proposed amendment to its program pursuant to
SMCRA. Texas submitted the proposed amendment in response to a February
21, 1990, letter (Administrative Record No. TX-476) that OSM sent to
Texas in accordance with 30 CFR 732.17(c), and at its own initiative.
Texas proposed to revise Texas Coal Mining Regulations (TCMR)
708.008(71), definition of road; 780.154, road systems and support
facilities; 816.400-403, roads, primary roads, utility installations,
and support facilities (surface); 784.198, road systems and support
facilities (underground); 817.569-572, roads, primary roads, utility
installations, and support facilities (underground); 815.327, coal
exploration performance standards; and 827.651, coal processing plants
performance standards.
OSM announced receipt of the proposed amendment in the February 1,
1996, Federal Register (61 FR 3628), and in the same document opened
the public comment period and provided an opportunity for a public
hearing on the adequacy of the proposed amendment. The public comment
period closed on March 4, 1996.
By letter dated February 14, 1996 (Administrative Record No. TX-
608.04), Texas notified OSM that the references to Sections 780.154 and
784.198 at the end of proposed new subsections 816.401(b) and
817.570(b) were in error and removed the provisions.
III. Director's Findings
Set forth below, pursuant to SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17, are the Director's findings concerning the
proposed amendment.
Revisions not specifically discussed below concern nonsubstantive
wording changes, or revised cross-references and
[[Page 15381]]
paragraph notations to reflect organizational changes resulting from
this amendment.
A. Revisions to Texas' Regulations That Are Substantively Identical to
the Corresponding Provisions of the Federal Regulations
TCMR 701.008(71), Definition of ``Road'' (30 CFR 701.5); TCMR
780.154(a) (Surface Mining) and TCMR 784.198(a) (Underground Mining),
Plans and drawings (30 CFR 780.37(a) (Surface Mining) and 30 CFR
784.24(a) (Underground Mining)); TCMR 780.154(b) (Surface Mining) and
TCMR 784.198(b) (Underground Mining), Primary road certification (30
CFR 780.37(b) (Surface Mining) and 30 CFR 784.24(b) (Underground
Mining)); TCMR 780.154(c) (Surface Mining) and TCMR 784.198(c)
(Underground Mining), Support facilities (30 CFR 780.38 (Surface
Mining) and 30 CFR 784.30 (Underground Mining)); TCMR 816.400 (Surface
Mining) and TCMR 817.569 (Underground Mining), Roads: General (30 CFR
816.150 (Surface Mining) and 30 CFR 817.150 (Underground Mining)); TCMR
816.402 (Surface Mining) and TCMR 817.571 (Underground Mining), Utility
installations (30 CFR 816.180 (Surface Mining) and 30 CFR 817.180
(Underground Mining)); TCMR 816.403 (Surface Mining) and TCMR 817.572
(Underground Mining), Support facilities (30 CFR 816.181 (Surface
Mining) and 30 CFR 817.181 (Underground Mining)); TCMR 815.327(c),
Performance standards for coal exploration (30 CFR 815.15(b)); and TCMR
827.651(b), Coal processing plants: Performance standards (30 CFR
872.12(h)).
Because the above proposed revisions are identical in meaning to
the corresponding Federal regulations, the Director finds that Texas'
proposed rules are no less effective than the Federal rules.
B. TCMR 816.401 (Surface Mining) and TCMR 817.570 (Underground Mining)
At TCMR 816.401 (Surface Mining) and TCMR 817.570 (Underground
Mining), Texas proposed revisions that are substantively identical to
the corresponding provisions of the Federal regulations at 30 CFR
816.151 (Surface Mining) and 30 CFR 817.151 (Underground Mining),
except that at TCMR 816.401(b) and TCMR 817.570(b), Texas proposed to
include the language, ``or meet the requirements established under
Section 780.154 (784.198) of this chapter.'' By letter dated February
14, 1996 (Administrative Record No. TX-608.04), Texas notified OSM that
the references to Sections 780.154 and 784.198 at the end of proposed
new subsections 816.401(b) and 817.570(b) were in error and modified
its submittal to remove those references. Therefore, the revised
language is substantively identical to the corresponding Federal
regulations, and the Director finds that Texas' proposed rules are no
less effective than the Federal rules.
IV. Summary and Disposition of Comments
Public comments
The Director solicited public comments and provided an opportunity
for a public hearing on the proposed amendment. The Texas Mining and
Reclamation Association responded by letter dated February 29, 1996,
and stated its Board of Directors and its operating companies ``fully
support the amendment'' (Administrative Record No. 608.07). Texas
Utilities Services, Inc., in a letter dated March 1, 1996, noted the
state language ``vehicle travel on other than established graded and
surfaced roads shall be limited by the person who conducts coal
exploration to that absolutely necessary to conduct the exploration''
has been deleted (Administrative Record No. 608.08). OSM acknowledges
this language has been deleted from TCMR 815.327(c)(1).
Because no one requested an opportunity to speak at a public
hearing, no hearing was held.
Federal Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited
comments on the proposed amendment from various Federal agencies with
an actual or potential interest in the Texas program. The U.S. Army
Corps of Engineers responded by letter dated February 27, 1996, and
stated the proposed amendments to Texas Coal Mining Regulations were
satisfactory to the agency (Administrative Record No. TX-608.06). No
other Federal agency comments were received.
Environmental Protection Agency (EPA)
Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the
written concurrence of the EPA with respect to those provisions of the
proposed program amendment that relate to air or water quality
standards promulgated under the authority of the Clean Water Act (33
U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).
None of the revisions that Texas proposed to make in this amendment
pertain to air or water quality standards. Therefore, OSM did not
request EPA's concurrence.
Pursuant to 732.17(h)(11)(i), OSM solicited comments on the
proposed amendment from EPA (Administrative Record No. TX-608.03). EPA
responded by letter dated February 23, 1996, and stated the agency had
no comments (Administrative Record No. TX-608.05).
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Pursuant to 30 CFR 732.17(h)(4), OSM is required to solicit
comments on proposed amendments which may have an effect on historic
properties from the SHPO and ACHP. OSM solicited comments on the
proposed amendment from the SHPO and ACHP (Administrative Record No.
TX-608.01). ACHP did not respond to OSM's request. The SHPO responded
on February 12, 1996, that the proposed amendment would have no effect
on National Register-eligible or listed properties or State
Archaeological Landmarks (Administrative Record No. TX-608.03).
V. Director's Decision
Based on the above findings, the Director approves the proposed
amendment as submitted by Texas on December 20, 1995, and as revised on
February 14, 1996.
The Director approves the rules as proposed by Texas with the
provision that they be fully promulgated in identical form to the rules
submitted to and reviewed by OSM.
The Federal regulations at 30 CFR Part 943, codifying decisions
concerning the Texas program, are being amended to implement this
decision. This final rule is being made effective immediately to
expedite the State program amendment process and to encourage States to
bring their programs into conformity with the Federal standards without
undue delay. Consistency of State and Federal standards is required by
SMCRA.
VI. 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
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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.).
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
corresponding 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 corresponding Federal regulations.
List of Subjects in 30 CFR Part 943
Intergovernmental relations, Surface mining, Underground mining.
Dated: March 29, 1996.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
For the reasons set out in the preamble, Title 30, Chapter VII,
Subchapter T, part 943 of the Code of Federal Regulations is amended as
set forth below:
PART 943--TEXAS
1. The authority citation for Part 943 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 943.15 is amended by adding paragraph (m) to read as
follows:
Sec. 943.15 Approval of regulatory program amendments.
* * * * *
(m) The amendment submitted to OSM on December 20, 1995, and as
revised on February 14, 1996, is approved effective April 8, 1996.
[FR Doc. 96-8631 Filed 4-5-96; 8:45 am]
BILLING CODE 4310-05-M