[Federal Register Volume 62, Number 35 (Friday, February 21, 1997)]
[Proposed Rules]
[Pages 7965-7966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4340]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement

30 CFR Part 943

[SPATS No. TX-033-FOR]


Texas Regulatory Program and Abandoned Mine Land Reclamation Plan

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.

ACTION: Proposed rule; public comment period and opportunity for public 
hearing.

-----------------------------------------------------------------------

SUMMARY: OSM is announcing receipt of a proposed amendment to the Texas 
regulatory program and abandoned mine land reclamation plan 
(hereinafter the ``Texas program'') under the Surface Mining Control 
and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of 
codification of the Texas Coal Mining Regulations in the Texas 
Administrative Code at Part 16, Economic Regulation, Chapter 12. The 
amendment is intended to conform the Texas Coal Mining Regulations to 
Texas Administrative Code formatting syntax, to correct typographical 
errors, and to allow for the publication of the rules in the Texas 
Administrative Code in full text rather than by reference.

DATES: Written comments must be received by 4:00 p.m., c.s.t, March 24, 
1997. If requested, a public hearing on the proposed amendment will be 
held on March 18, 1997. Requests to speak at the hearing must be 
received by 4:00 p.m., c.s.t. on March 10, 1997.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Ervin J. Barchenger, 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.
    Ervin J. Barchenger, 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, 
78711-2967, Telephone: (512) 463-6900.

FOR FURTHER INFORMATION CONTACT:
Ervin J. Barchenger, 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 January 30, 1997 (Administrative Record No. TX-
633), Texas submitted a proposed amendment to its program pursuant to 
SMCRA. Texas submitted the proposed amendment at its own initiative. 
Texas proposes to codify the Texas Coal Mining Regulations (TCMR) in 
the Texas Administrative Code (TAC) at Part 16, Economic Regulation, 
Chapter 12 in full text rather than by reference.
    Specifically, Texas proposes to codify TCMR Parts 700 through 850, 
pertaining to surface coal mining and reclamation operations, at TAC 
Secs. 12.1 through 12.710. Texas also proposes to codify TCMR 
Secs. 051.800 through 051.817, pertaining to the Texas abandoned mine

[[Page 7966]]

land reclamation program, at TAC Secs. 12.800 through 12.817. The 
codification proposal includes conforming Texas' regulations to the 
Texas Administrative Code formatting syntax, correcting typographical 
errors, and making other editorial changes.

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 p.m., c.s.t. 
on March 10, 1997. 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 ADDRESSES. 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 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 
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.

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: February 7, 1997.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 97-4340 Filed 2-20-97; 8:45 am]
BILLING CODE 4310-05-M