[Federal Register Volume 70, Number 168 (Wednesday, August 31, 2005)]
[Proposed Rules]
[Page 51689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17336]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / 
Proposed Rules  

[[Page 51689]]



DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 943

[Docket No. TX-052-FOR]


Texas Regulatory Program

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

ACTION: Proposed rule; withdrawal of proposed amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are announcing the withdrawal of an amendment to the Texas 
regulatory program (Texas program) under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA or the Act). Texas proposed to add a new 
policy document to its program that describes mine permit 
implementation actions that would not, in the opinion of the Railroad 
Commission of Texas (Commission), be considered permit revisions and as 
such would not be subject to Commission review and approval. Texas 
intended to revise its program to improve operational efficiency. Texas 
is withdrawing the amendment at its own initiative.

DATES: This withdrawal is made on August 31, 2005.

FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa 
Field Office. Telephone: (918) 581-6430. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:
I. Background on the Texas Program
II. Submission of the Proposed Amendment

I. Background on the Texas Program

    Section 503(a) of the Act permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that 
its program includes, among other things, ``a State law which provides 
for the regulation of surface coal mining and reclamation operations in 
accordance with the requirements of this Act * * *; and rules and 
regulations consistent with regulations issued by the Secretary 
pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On the basis 
of these criteria, the Secretary of the Interior conditionally approved 
the Texas program effective February 16, 1980. You can find background 
information on the Texas program, including the Secretary's findings, 
the disposition of comments, and the conditions of approval of the 
Texas program in the February 27, 1980, Federal Register (45 FR 12998). 
You can also find later actions concerning the Texas program and 
program amendments at 30 CFR 943.10, 943.15 and 943.16.

II. Submission of the Proposed Amendment

    By letter dated December 23, 2003 (Administrative Record No. TX-
657), Texas sent us an amendment to its program under SMCRA (30 U.S.C. 
1201 et seq.). Texas sent the amendment at its own initiative. Texas 
proposed to add a new policy document to its program that describes 
mine permit implementation actions that would not, in the opinion of 
the Commission, be considered permit revisions and as such would not be 
subject to Commission review and approval. If approved, the 
implementation of this policy would impact the way current mine permit 
applications are prepared and how revisions are processed. We announced 
receipt of the proposed amendment in the February 9, 2004, Federal 
Register (69 FR 5942). In the same document, we opened the public 
comment period and provided an opportunity for a public hearing or 
meeting on the amendments adequacy. We held a public meeting in Mount 
Pleasant, Texas, on March 11, 2004, and entered a summary of this 
meeting into the administrative record (Administrative Record No. TX-
657.14). The public comment period ended on March 10, 2004. We received 
comments from one industry group and one private citizen.
    During our review of the amendment, we identified concerns 
regarding incomplete permit renewal applications and the revision of 
these permits without regulatory authority review and approval. We 
notified Texas of these concerns by fax dated April 19, 2004, 
(Administrative Record No. TX-657.15). In a letter dated July 12, 2005, 
(Administrative Record No. TX-657.17), Texas notified us that it was 
withdrawing the proposed amendment. Because the proposed amendment is 
not necessary to make the State's program consistent with SMCRA, we 
accepted the withdrawal. Therefore, the proposed amendment announced in 
the February 9, 2004, Federal Register is withdrawn.

List of Subjects in 30 CFR Part 943

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: August 17, 2005.
Ervin J. Barchenger,
Acting Regional Director, Mid-Continent Region.
[FR Doc. 05-17336 Filed 8-30-05; 8:45 am]
BILLING CODE 4310-05-P