[Federal Register Volume 61, Number 143 (Wednesday, July 24, 1996)]
[Proposed Rules]
[Pages 38420-38422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18783]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 943

[SPATS No. TX-31-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). Texas 
proposed revisions to its regulations pertaining to rough backfilling 
and grading performance standards for cyclic and continuous excavation 
area strip mining operations. The amendments is intended to revise the 
Texas program to take into consideration the two types of area strip 
mining excavation operations conducted in the State of Texas and to 
clarify the time and distance standards for cyclic excavation area 
strip mining.

DATES: Written comments must be received by 4:00 p.m. c.d.t., August 
23, 1996. If requested, a public hearing on the proposed amendment will 
be held on August 19, 1996. Requests to speak at the hearing must be 
received by 4:00 p.m., c.d.t. August 8, 1996.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Jack R. Carson, 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.

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.
Surface Mining and Reclamation Division, Railroad Commission of Texas, 
1701 North Congress Avenue, P.O. Box 12967, Austin, Texas,

[[Page 38421]]

78711-2967, Telephone: (512) 463-6900.

FOR FURTHER INFORMATION CONTACT:
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 can be found at 30 CFR 943.10, 943.15, and 943.16.

II. Description of the Proposed Amendment

    By letter dated July 11, 1996 (Administrative Record No. TX-617), 
Texas submitted a proposed amendment to its program pursuant to SMCRA. 
Texas submitted the proposed amendment at its own initiative. Texas 
proposes to amend Texas Coal Mining Regulations (TCMR) 816.384 
(Backfilling and Grading--General Requirements) by providing rough 
backfilling and grading timing provisions for two types of area strip 
mining operations, cyclic excavation and continuous excavation. Texas 
also proposes to clarify that time and distance variances may be 
approved for cyclic excavation area strip mining operations.

1. TCMR 816.384(a)(3)  Timing of Backfilling and Grading for Cyclic 
Excavation Area Strip Mining

    Texas proposes to limit its rough backfilling and grading 
provisions at TCMR 816.384(a)(3) to the cyclic excavation method of 
area strip mining. Texas also proposes to clarify that time and 
distance variances may be approved for cyclic excavation area strip 
mining operations by providing for an exception to its four spoil ridge 
limitation. The permittee must demonstrate that additional time and/or 
distance is necessary.

2. TCMR 816.384(a)(4)  Timing of Backfilling and Grading for Continuous 
Excavation Area Strip Mining

    Texas proposes to add the following provision at TCMR 816.384(a)(4) 
concerning rough backfilling and grading timing requirements for 
continuous excavation area strip mining.

    Area strip mining (continuous excavation). Rough backfilling and 
grading shall occur in accordance with the time schedule approved by 
the Commission, on the basis of a detailed written analysis by the 
permittee under Section .145(b)(3) and any additional information 
which the Commission may require.

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 August 8, 1996. The location and time of the hearing will be 
arranged with those persons requesting the hearing. 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. If 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.

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 addressees. 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 12988

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 (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 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 programs 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 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

[[Page 38422]]

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 States. In making the determination as to whether 
this rule would have a significant economic impact, the Department 
relied on the data and assumptions for the counterpart Federal 
regulations.

Unfunded Mandates

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 943

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: July 17, 1996.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 96-18783 Filed 7-23-96; 8:45 am]
BILLING CODE 4310-05-M