[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

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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