[Federal Register Volume 61, Number 168 (Wednesday, August 28, 1996)]
[Proposed Rules]
[Pages 44260-44264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21861]


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DEPARTMENT OF THE INTERIOR
30 CFR Part 943

[SPATS No. TX-017-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 revisions 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 revisions of Texas' proposed 
rules pertain to exemption for coal extraction incidental to the 
extraction of other minerals; surface water information; protection of 
hydrologic balance; permitting; siltation structures; impoundments; 
revegetation; definitions; lands unsuitable for mining; areas 
designated by act of congress; prime farmland; notices of violation, 
hydrology and geology requirements; use of explosives; bond release; 
assessment of civil penalties; and individual civil penalties. Texas 
also proposed nonsubstantive changes in wording, numbering, and 
punctuation of its rules. The 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 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 4:00 p.m., c.d.t., 
September 27, 1996.

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 and program amendments can be found at 30 CFR 943.10, 
943,15, and 943.16.

II. Proposed Amendment

    By letter dated May 13, 1993 (Administrative Record No. TX-551), 
Texas submitted a proposed amendment to its program pursuant to SMCRA. 
Texas submitted the proposed amendment in response to letters dated May 
20, 1985; June 9, 1987; October 20, 1988; February 7, 1990; and 
February 21, 1990 (Administrative Record Nos. TX-358, TX-388, TX-417, 
TX-472, and TX-476), that OSM sent to Texas in accordance with 30 CFR 
732.17(c) and in response to the required program amendments at 30 CFR 
943.16(k) through (q). OSM announced receipt of the proposed amendment 
in the June 21, 1993, Federal Register (58 FR 33785), provided an 
opportunity for a public hearing or meeting on its substantive 
adequacy, and invited public comment on the adequacy of the amendment 
(Administrative Record No. TX-556). The public comment period would 
have closed July 21, 1993. However, by letter dated July 16, 1993, the 
Texas Mining and Reclamation Association requested a 30-day extension 
of time in which to review and provide comments on the proposed 
amendment (Administrative Record No. TX-563). OSM announced receipt of 
the extension request and reopened the comment period in the August 16, 
1993, Federal Register (58 FR 43308). The extended public comment 
period ended August 20, 1993.
    During its review of the May 13, 1993, proposed amendment, OSM 
identified concerns relating to several of the proposed regulations. 
OSM notified Texas of its concerns by letter dated July 25, 1994 
(Administrative Record No. TX-578). Further Clarification of OSM's 
concerns were provided to Texas by letters dated November 4, 1994, 
November 21, 1994, and January 18, 1995 (Administrative Record Nos. TX-
581, TX-589, and TX-585). Texas responded in a letter dated September 
18, 1995, by submitting a revised amendment package (Administrative 
Record No. TX-598). OSM announced receipt of the proposed amendment in 
the October 25, 1995, Federal Register (60 FR 54620) and invited public 
comment on the adequacy of the amendment. The public comment period 
closed November 9, 1995.
    During its review of the September 18, 1995, revised amendment, OSM 
identified concerns relating to several of the proposed regulations. 
OSM notified Texas of its concerns by letter dated June 18, 1996, 
(Administrative Record No. TX-614). Texas responded in a letter dated 
July 31, 1996, by submitting a revised amendment package 
(Administrative Record No. TX-621). Texas proposed revisions to its 
September 18, 1995, revised amendment submittal; proposed to include in 
its approved program new and revised regulations that were adopted in 
State rulemaking at Surface Mining and Reclamation Division (SMRD) 1-
87, SMRD 2-87, and SMRD 2-88; and proposed editorial corrections 
throughout its regulations. The substantive proposals are discussed 
below.

A. Revisions to September 18, 1995, Revised Amendment

1. TCMR Part 709 Exemption for Coal Extraction Incidental to the 
Extraction of Other Minerals
    a. At TCMR 709.027(f) [originally proposed as TCMR 702.11(f)], 
Texas proposes to revise the provisions pertaining to administrative 
review of its determinations on exemptions for coal extraction 
incidental to the extraction of other minerals by deleting paragraph 
(f)(2) and revising paragraph (f)(1) as follows:

    (f) Appeal and review. Any adversely affected person may request 
appeal or review of a determination under Paragraph (e) of this 
Section in accordance with procedures established under Section 
787.222 of this chapter.

    b. At TCMR 709.033(c) [originally proposed as TCMR 702.17(c)], 
Texas proposes to revise the provisions pertaining to revocation of an

[[Page 44261]]

exemption for coal extraction incidental to the extraction of other 
minerals by deleting paragraph (c)(3) and revising paragraph (c)(2) as 
follows:

    Any adversely affected person may request appeal or review of a 
decision whether to revoke an exemption in accordance with 
procedures established under Section 787.222 of this chapter.
2. TCMR 779.129 (Surface) and TCMR 783.175 (Underground) Surface Water 
Information
    At TCMR 779.129 and 783.175, Texas proposes to require the name, 
location, ownership, and description of all surface water bodies in the 
proposed permit and adjacent areas. Texas also proposes to require 
information on surface-water quantity and quality sufficient to 
demonstrate seasonal variation and water usage.
3. TCMR 780.146 (Surface) and TCMR 784.188 (Underground) Reclamation 
Plan: Protection of Hydrologic Balance
    a. At TCMR 780.146(a), Texas proposed to add references to Sections 
816.340 and 816.341. At TCMR 784.188(a), Texas proposes to add 
references to sections 817.509-.511, 817.516, and 817.518-23.
    b. At TCMR 780.146(d)(5), Texas proposes to add references to 
Sections 779.128 and 779.129. At TCMR 784.188(d)(5) Texas proposes to 
add references to Sections 783.174 and 783.175. The following provision 
was added to both TCMR 780.146(d)(5) and 784.188(d)(5).

    Information shall be provided on water availability and 
alternative water sources, including the suitability of alternative 
water sources for existing premining uses and approved postmining 
land uses.
4. TCMR 786.220 Conditions of Permits: General and Right of Entry
    At TCMR 786.220(d), Texas proposes to add language that requires 
operators to pay all reclamation fees required by 30 CFR Subchapter R.
5. TCMR 817.514 (Underground) Hydrologic Balance: Siltation Structures
    At TCMR 817.514, Texas proposes to remove the language ``in 
Paragraph (c)(2)(ii) of this section, except as set forth.''
6. TCMR 816.347 (Surface) and TCMR 817.517 (Underground) Hydrologic 
Balance: Permanent and Temporary Impoundments
    Texas proposes to revise TCMR 816.347(a)(5) and 817.517(a)(5) to 
add language requiring impoundments to have adequate freeboard so as to 
resist overtopping by waves and by sudden increases in storage volume.
7. TCMR 816.390 (Surface) and TCMR 817.555 (Underground) Revegetation: 
General Requirements
    Texas proposes to remove the current language from these sections 
and add the following new language.

    (a) The permittee shall establish on regraded areas and on all 
other disturbed areas except water areas and surface areas of roads 
that are approved as part of the postmining land use, a vegetative 
cover that is in accordance with the approved permit and reclamation 
plan and that is--
    (1) Diverse, effective, and permanent;
    (2) Comprised of species native to the area, or of introduced 
species where desirable and necessary to achieve the approved 
postmining land use and approved by the Commission;
    (3) At least equal in extent of cover to the natural vegetation 
of the area; and
    (4) Capable of stabilizing the soil surface from erosion.
    (b) The reestablished plan species shall--
    (1) Be compatible with the approved postmining land use;
    (2) Have the same seasonal characteristics of growth as the 
original vegetation;
    (3) Be capable of self-regeneration and plant succession;
    (4) Be compatible with the plant and animal species of the area; 
and
    (5) Meet the requirements of applicable State and Federal seed, 
poisonous and noxious plant, and introduced species laws or 
regulations.
    (c) The Commission may grant exception to the requirements of 
Paragraphs (b)(2) and (b)(3) of this Section when the species are 
necessary to achieve a quick-growing, temporary, stabilizing cover, 
and measures to establish permanent vegetation are included in the 
approved permit and reclamation plan.
    (d) When the Commission approves a cropland postmining land use, 
the Commission may grant exception to the requirements of Paragraphs 
(a)(1), (a)(3), (b)(2), and (b)(3) of this Section. The requirements 
of Part 823 of this Chapter apply to areas identified as prime 
farmland.

    8. Texas is withdrawing its proposed revegetation guidelines 
entitled ``Field Sampling Procedures for Determining Ground Cover, 
Productivity, and Woody-Plant Stocking Success of Reclaimed Surface 
Mined Land Uses; Revegetation Success Standards for Reclaimed Surface 
Mined Land Uses; and Normal Husbandry Practices on Unmined Land.''
    B. SMRD 1-87. Texas proposes to include in its approved program the 
following regulations as added or revised in State rulemaking SMRD 1-
87.
1. TCMR 701.008 Definitions
    The definitions for ``cropland'' at TCMR 701.008(25), 
``historically used for cropland'' at TCMR 701.008(41), ``prime 
farmland'' at TCMR 701.008(67), ``soil horizons'' at TCMR 701.008(84), 
and ``topsoil'' at TCMR 701.008(95) were revised.
2. TCMR Part 760 Lands Unsuitable for Mining--General
    a. TCMR 760.069, Objectives. Texas replaced the currently approve 
language in TCMR 760.069 with the following language.

    This Subchapter establishes the procedures and standards to be 
followed in determining whether a proposed surface coal mining and 
reclamation operation can be authorized in light of the prohibitions 
and limitations in Section 33 of the Act for those types of 
operations on certain public and private lands.

    b. TCMR 760.070, Definitions. Texas numbered its definitions TCMR 
760.070 (1) through (14); added a new definition for ``owner of 
record'' or ``ownership interest of record'' at TCMR 760.070(5) and 
``publicly-owned park'' at TCMR 760.070(9); and made nonsubstantive 
paragraph notation and wording changes to its definitions for ``public 
building'' at TCMR 760.070(6), ``public park'' at TCMR 760.070(7), and 
``significant recreational, timber, economic, or other values 
incompatible with surface coal mining operations'' at TCMR 760.070(11).
3. TCMR Part 761 Areas Designated by Act of Congress
    a. TCMR 761.071, Areas Where Mining is Prohibited or Limited. Texas 
added a new provision at TCMR 761.071(b) concerning prohibition of 
mining on Federal lands; added a new provision at TCMR 761.071(e)(2) 
concerning an exception to the prohibition of mining within 300 feet of 
an occupied dwelling for specific haul roads or access roads; and made 
nonsubstantive editorial or wording changes at redesignated TCMR 
761.071(c), (d)(2), (e), (e)(1), (f), and (g).
    b. TCMR 761.072 Procedures for Determining Whether Surface Mining 
Operations are Limited or Prohibited. Texas made nonsubstantive 
editorial and wording changes to TCMR 761.072(a), (b), (c), (d)(1), 
(d)(2), (d)(3), (g), and (h); made substantive revisions to TCMR 
761.072(d)(4) concerning a written finding as to whether the interest 
of the public and affected landowners will be protected from the 
proposed mining operation; added a new provision at TCMR 761.072(d)(4) 
pertaining to mining within 100 feet of the outside right-of-way line 
of a road and relocation or closure of a road; made substantive 
revisions to TCMR 761.072(e) concerning a written waiver for conducting 
mining within 300 feet of an occupied dwelling; and made substantive 
revisions to TCMR 761.072(f) concerning the Commission's determination 
that a proposed surface coal mining operation will adversely

[[Page 44262]]

affect any publicly owned park or any place included in the National 
Register of Historic Places.
4. TCMR Part 762 Criteria for Designating Areas as Unsuitable for 
Surface Coal Mining Operations
    Texas made nonsubstantive editorial and wording changes throughout 
this part and substantive revisions or additions to the following 
provisions.
    a. TCMR 762.074, Definitions. Texas added a definition at TCMR 
762.074(4) for ``renewable resource lands'' and made substantive 
revisions to its definition at TCMR 762.072(5) for ``substantial legal 
and financial commitments in a surface coal mining operation.''
    b. TCMR 762.076, Land Exempt From Designation as Unsuitable for 
Surface Coal Mining Operations. Texas revised TCMR 762.076(a) by 
changing the date of exemption from August 3, 1977, to ``the date of 
enactment of the Act.''
5. TCMR Part 764 Process for Designating Areas Unsuitable for Surface 
Coal Mining Operations
    Texas made nonsubstantive editorial and wording changes and 
clarifying language changes throughout this part. Texas made 
substantive revisions or additions to the following provisions.
    a. TCMR 764.079, Procedures: Petitions. Texas added a new provision 
at TCMR 764.079(a) pertaining to an ``injury in fact'' test for persons 
petitioning the Commission to have an area designated as unsuitable for 
mining.
    Texas made substantive revisions at TCMR 764.079(b) pertaining to 
the Commission's determination of the information that must be provided 
by the petitioner for designations of lands as unsuitable for surface 
coal mining operations and at TCMR 764.079(c) pertaining to the 
Commission's determination of the information that must be provided by 
petitioner to terminate designations of lands as unsuitable for mining.
    b. TCMR 764.080 Procedures: Initial Processing, Recordkeeping, and 
Notification Requirements. Texas revised TCMR 764.080(a)(1) by changing 
the time for notifying the petitioner of whether the petition is 
complete from 90 days to 60 days. Texas also added a definition for 
``complete, for a designation or termination petition.''
    At TCMR 764.080(a)(4), Texas added ``or that the petitioner does 
not meet the requirement of Section .079(a)'' to its list of reasons 
for returning the petition to the petitioner. Texas also defined 
``frivolous petition.''
    Texas made a substantive revision to TCMR 764.080(a)(7) concerning 
the Commission's determination not to process a petition pertaining to 
lands for which an administratively complete permit application had 
been filed and the first newspaper notice had been published.
    Texas made a substantive revision to TCMR 764.080(b)(1) concerning 
notification of the general public of the receipt of a petition and to 
TCMR 764.080(b)(2) concerning provision for a hearing or a period of 
written comments on completeness of petitions.
    At TCMR 764.080(d), Texas added a new provision that requires the 
Commission to maintain information at or near the area in which the 
petitioned land is located.
    c. TCMR 764.081 Procedures: Hearing Requirements. At TCMR 
764.081(a), Texas clarified an expanded it provisions concerning the 
procedures for a public hearing on petitions.
    At TCMR 764.081(b)(1)(C), Texas proposes to also give notice of the 
date, time, and location of a hearing to ``any person known by the 
Commission to have a property interest in the petitioned area'' via 
regular mail. At TCMR 764.081(b)(2), Texas proposes to send notice to 
petitioners and intervenors by certified mail and to government 
agencies and property owners by regular mail.
    d. TCMR 764.082 Procedures: Decision. At TCMR 764.082(b), Texas 
proposes to send the decision ``by certified mail to the petitioner and 
intervenors and by regular mail to all other persons with an ownership 
interest of record and persons known to the Commission to have an 
interest in the property as evidenced by the hearing registration 
forms.''
    At TCMR 764.082(c), Texas clarifies that ``all relevant portions of 
the data base, inventory system, and public comments received during 
the public comment period set by the Commission shall be considered and 
included in the record of the administrative proceeding.''
    e. TCMR 764.084 Public Information. At TCMR 764.084, Texas 
specifies that it will make information in the data base and inventory 
system available to the public ``except that specific information 
relating to location of properties proposed to be nominated to, or 
listed in, the National Register of Historic Places need not be 
disclosed if the Commission determines that the disclosure of such 
information could create a risk of destruction or harm to such 
properties.''
6. TCMR 785.201 Prime Farmland
    Texas revised its prime farmland plan provisions at TCMR 
785.201(b)(1) concerning the requirement for a soil survey; TCMR 
785.201(b)(2) concerning the requirement for a plan for soil 
reconstruction, replacement, and stabilization; TCMR 785.201(b)(3) 
concerning a requirement for scientific data; and TCMR 785.201(b)(4) 
concerning a requirement for the productivity data prior to mining. 
Texas also revised its provision for consultation with the Secretary of 
Agriculture at TCMR 785.201(c) and its provision for permit issuance at 
TCMR 785.201(d)(2).
7. TCMR Part 823 Special Permanent Program Performance Standards--
Operations on Prime Farmland
    Texas proposes to revise TCMR 823.620 pertaining to prime farmland 
applicability and special requirements by adding new paragraphs (a)(1) 
and (a)(2); redesignating the introductory paragraph as (b), paragraph 
(a) as (b)(1), and (b) as (b)(2); and removing old paragraph (c). New 
paragraphs (a)(1) and (a)(2) pertain to prime farmland areas that are 
not subject to the requirements of Part 823.
    Texas proposes to amend TCMR 823.621 pertaining to prime farmland 
soil removal by revising paragraphs (a)(1), (a)(2), and (b) and 
removing paragraph (a)(3). The substantive revision to this section 
concerns the requirement that other suitable soil materials have a 
``greater'', rather than ``equal or greater,'' productive capacity than 
the topsoil which existed prior to mining.
    Texas proposes to amend TCMR 823.622 pertaining to prime farmland 
soil stockpiling by reorganizing the existing requirements into 
paragraphs (a), (b), and (c).
    Texas proposes to delete TCMR 823.623 pertaining to an alternative 
to separate soil horizon removal and stockpiling.
    At TCMR 823.624 pertaining to prime farmland soil replacement, 
Texas proposes to add new paragraph (a) and to redesignate existing 
paragraphs (a) through (f) as (b) through (g). New paragraph (a) 
concerns soil reconstruction specification established by the U.S. Soil 
Conservation Service. Editorial and nonsubstantive language changes 
were made to the existing paragraphs.
    At TCMR 823.625, Texas proposes to expand and clarify its 
requirements for prime farmland revegetation and restoration of soil 
productivity.
8. TCMR 843.681 Notices of Violation
    At TCMR 843.681(c), Texas added an exception to the requirement 
that the total time for abatement of a notice of violation shall not 
exceed 90 days from the date of issuance. New paragraph (f)

[[Page 44263]]

provides the circumstances that would be considered for an extension to 
the abatement period. New paragraph (g) provides that interim abatement 
measures shall be imposed when an abatement time in excess of 90 days 
is allowed. New paragraph (h) provides procedures for the authorized 
representative's determination on a request for extension of the 
abatement period. New paragraph (i) provides that the determination 
under paragraph (h) shall be in writing and contain a right of review. 
New paragraph (j) specifies that an extension may not exceed 90 days 
and allows the permittee to request further extension.
    C. SMRD 2-87. Texas proposes to include in its approved program the 
following regulations as added or reviewed in State rulemaking SMRD 2-
87.
    1. TCMR 701.008 Definitions. The definitions for ``coal mine 
waste'' at TCMR 701.008(18), ``coal preparation'' at TCMR 701.008(19), 
``experimental practice'' at TCMR 701.008(34), ``professional 
specialist'' at TCMR 701.008(69), ``registered professional engineer'' 
at TCMR 701.008(76), ``unwarranted failure to comply'' at TCMR 
701.008(102), and ``willful violation'' at TCMR 701.008(107) were added 
to the definition section.
    2. TCMR 779.127 Geology Description. Texas revised TCMR 779.127(a) 
by expanding and clarifying the geology information that must be 
included in a permit application.
    3. TCMR 780.141 Operations Plan: Blasting. Texas added two 
additional requirements for permit application blasting plans: a 
description of ground vibration and airblast limitations at TCMR 
780.141(g) and a description of the methods to be used in controlling 
adverse effects of blasting at TCMR 780.141(h).
    4. TCMR 780.146 (Surface) and TCMR 784.188 (Underground) 
Reclamation Plan: Protection of Hydrologic Balance. Texas revised TCMR 
780.146(a) and 784.188(a) by expanding and clarifying the hydrologic 
information that must be included in permit applications; added TCMR 
780.146(d) and 784.188(d) to require a probable hydrologic consequences 
determination be included in permit applications; and added TCMR 
780.146(e) and 784.188(e) concerning the requirement for a cumulative 
hydrologic impact assessment.
    5. TCMR 788.232 Transfer, Assignment or Sale of Permit Rights: 
Obtaining Approval. Texas revised TCMR 788.232(c)(2) by changing the 
term ``person seeking approval'' to ``applicant.''
    6. TCMR 806.311 Terms and Conditions for Liability Insurance. Texas 
revised TCMR 806.311(d) by adding language concerning what is required 
for an applicant to meet self-insurance requirements.
    7. TCMR 807.312 Procedure for Seeking Release of Performance Bond. 
Texas revised TCMR 807.312 (b) and (c) concerning the Commission's 
inspection and revaluation of the reclamation on areas required to be 
released from bond.
    8. TCMR 816.357 and TCMR 817.526 Use of Explosives: General 
Requirements. Texas revised TCMR 816.357(c) and 817.526(c) concerning 
responsibilities of the person responsible for blasting operations by 
adding two additional responsibilities at (c)(1) and (c)(2). Texas also 
added TCMR 816.357(d) and 817.526(d) concerning submittal of an 
anticipated blast design under specified circumstances.
    9. TCMR 816.358 and TCMR 817.527 Use of Explosives: Pre-Blasting 
Survey. Texas revised TCMR 816.358(a) and 817.527(a) by adding the 
requirement that the operator notify residents or owners of dwellings 
or other structures of how to request a preblasting survey. Texas also 
added TCMR 816.358(d) and 817.527(d) to require that pre-blasting 
surveys requested before the tenth day of planned blasting be completed 
before the blasting.
    10. TCMR 817.500 Signs and Markers. Texas revised TCMR 817.500(f) 
concerning warning signs of surface blasting incidental to underground 
mining activities.
    11. TCMR 817.528 Use of Explosives: Control of Adverse Effects. 
Texas made substantive revisions to TCMR 817.528(a) concerning general 
requirements for controlling adverse effects of blasting; TCMR 
817.528(b) concerning scheduled blasting; TCMR 817.528(e) concerning 
access control; TCMR 817.528(f) concerning airblast limits and 
monitoring; and TCMR 817.528(g) concerning flyrock limitations. Texas 
added provisions at TCMR 817.528(c) concerning unscheduled blasting; 
TCMR 817.528(d) concerning blasting signs, warnings, and access 
control; and TCMR 817.528(h) concerning ground vibration.
    12. TCMR 817.529 Use of Explosives; Seismographic Measurements. 
Texas deleted this section in State rulemaking SMRD 2-87.
    13. TCMR 817.530 Use of Explosives: Records of Blasting Operations. 
Texas revised and clarified the existing provisions concerning the 
requirement for operator's to retain a record of each blast.
    14. TCMR 843.682 Suspension or Revocation of Permits. Texas deleted 
the definitions for ``willful violation'' and ``unwarranted failure to 
comply'' from TCMR 843.682(a)(1) and added them to TCMR 701.008.
    15. TCMR 845.695 Procedures for Assessment of Civil Penalties. 
Texas revised TCMR 845.695(b) by adding a provision at (b)(1) 
concerning service of proposed assessments. Tendering a proposed 
assessment at the address of the person to whom it was issued, even if 
the person refuses to accept delivery, meets the requirements of 
service.
    D. SMRD 2-88. Texas proposes to include in its approved program the 
following regulations as added or revised in State rulemaking SMRD 2-
88.
    1. TCMR 807.312 Procedure for Seeking Release of Performance Bond. 
Texas included revisions to TCMR 807.312(a) concerning the filing of a 
request for release of performance bond or deposit.
    2. TCMR Part 846 Individual Civil Penalties. Texas included new 
regulations at TCMR 846.001 concerning definitions for ``knowingly'', 
``violation, failure, or refusal'', and ``willfully''; TCMR 846.002 
concerning when an individual civil penalty may be assessed; TCMR 
846.003 concerning the criteria used in determining the amount of an 
individual civil penalty; TCMR 846.004 concerning procedures for 
service of a notice of proposed individual civil penalty assessment and 
the opportunity for review; and TCMR 846.005 concerning requirements 
for payment of a penalty.

E. Additional Proposed Changes

    1. TCMR 701.003(1). Texas proposes to change the definitions of 
``Act'' to reflect recent recodification of the Texas Surface Coal 
Mining and Reclamation Act at Chapter 134 of the Texas Natural 
Resources Code.
    2. TCMR 701.003(3). Texas proposes to change the definition of 
``APTRA'' to reflect recent recodification of its Administrative 
Procedure Act (APA) at Chapter 2001, Texas Government Code.

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 issue 
proposed in this rulemaking, and include explanations in support of the 
commenter's recommendations. Comments received after the time

[[Page 44264]]

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 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 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 (54 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 
entitles. 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.

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: August 16, 1996.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 96-21861 Filed 8-27-96; 8:45 am]
BILLING CODE 4310-05-M