[Federal Register Volume 71, Number 77 (Friday, April 21, 2006)]
[Proposed Rules]
[Pages 20602-20604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5972]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 943

[Docket No. TX-054-FOR]


Texas Regulatory Program

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

ACTION: Proposed rule; reopening of public comment period on proposed 
amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are announcing receipt of revisions to a previously proposed 
amendment to the Texas regulatory program (Texas program) under the 
Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). 
The revisions concern technical standards and normal husbandry 
practices regarding habitat for bobwhite quail and other grassland bird 
species. Texas intends to revise its program to encourage reclamation 
practices that are suitable for grassland bird species.
    This document gives the times and locations that the Texas program 
and proposed amendment to that program are available for your 
inspection and the comment period during which you may submit written 
comments on the revisions to the amendment.

DATES: We will accept written comments until 4 p.m., c.t., May 8, 2006.

ADDRESSES: You may submit comments, identified by Docket No. TX-054-
FOR, by any of the following methods:
     E-mail: [email protected]. Include ``Docket No. TX-054-
FOR'' in the subject line of the message.
     Mail/Hand Delivery: Michael C. Wolfrom, Director, Tulsa 
Field Office, Office of Surface Mining Reclamation and Enforcement, 
5100 East Skelly Drive, Suite 470, Tulsa, Oklahoma 74135-6547.
     Fax: (918) 581-6419.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. For detailed instructions on 
submitting comments and additional information on the rulemaking 
process, see the ``Public Comment Procedures'' heading of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to review copies of the Texas 
program, this amendment, a listing of any scheduled public hearings, 
and all written comments received in response to this document, you 
must go to the address listed below during normal business hours, 
Monday through Friday, excluding holidays. You may receive one free 
copy of the amendment by contacting OSM's Tulsa Field Office.
    Michael C. Wolfrom, 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. E-mail: 
[email protected].
    In addition, you may review a copy of the amendment during regular 
business hours at the following location: Surface Mining and 
Reclamation Division, Railroad Commission of Texas, 1701 North Congress 
Avenue, Austin, Texas 78711-2967. Telephone: (512) 463-6900.

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. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

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. Description of the Proposed Amendment

    By letter dated July 26, 2005 (Administrative Record No. TX-659),

[[Page 20603]]

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.
    We announced receipt of the proposed amendment in the August, 31, 
2005, Federal Register (70 FR 51689) and invited public comment on its 
adequacy. The public comment period ended September 30, 2005.
    During our review of the amendment, we identified concerns relating 
to Section V.D.1., Fish and Wildlife Habitat; Section V.D.2., Woody-
Plant Stocking; Appendix B, Summary of Revegetation Success Standards 
(Fish and Wildlife Habitat Only); and Attachment 2, Minimum Woody 
Vegetation Stocking Rates. We notified Texas of the concerns by letters 
dated October 17, 2005, and February 8, 2006 (Administrative Record 
Nos. TX-659.07 and TX-659.13). On January 12 and March 10, 2006, Texas 
sent us revisions to its amendment (Administrative Record Nos. TX-
659.11 and TX-650.12)
    Texas submitted revisions for the following provisions of the 
amendment:
    1. Texas proposes to revise typographical errors and make minor 
wording changes at D.1., Ground Cover; D.2., Woody-Plant Stocking; and 
Attachment 2, Minimum Woody Vegetation Stocking Rates.
    2. Procedures and Standards for Determining Revegetation Success on 
Surface-Mined Lands in Texas--Table of Contents.
    Texas proposes to add, to the Table of Contents, ``Bobwhite Quail 
and Other Grassland Bird Species'' as a sub-category of ``D. Fish and 
Wildlife Habitat.''
    3. D. Fish and Wildlife Habitat--Ground Cover.
    a. Texas proposes to revise its original 70 percent ground cover 
technical standard for bobwhite quail and other grassland bird species 
habitat by changing it to 63-70 percent.
    b. In the statistical comparison section, Texas proposes to add the 
lowest acceptable value of 57 percent (63% x 0.9) and the highest 
acceptable value of 77 percent (70% x 1.1) for ground cover on bobwhite 
quail and other grassland bird species habitat.
    4. Appendix B Summary of Revegetation Success Standards (Fish and 
wildlife Habitat Only).
    a. Texas proposes to revise the ground cover technical standard for 
bobwhite quail and other grassland bird species habitat by changing it 
from 70 percent ground cover to 63-70 percent ground cover.
    b. Texas proposes to revise the woody-plant stocking rate exception 
clause as follows:

    90% of the Following Technical Standard except for mottes used 
to support Bobwhite Quail and [Other] Grassland Bird Species, the 
standard for which is based on meeting or exceeding the following 
Technical Standard:
    Site-specific success standards will be developed by the 
permittee through consultation with the Texas Parks and Wildlife 
Department. Standards will be approved by the Texas Parks and 
Wildlife Dept.

    5. Attachment 2--Minimum Woody Vegetation Stocking Rates.
    Texas proposes to revise the headings ``General Land Use Category'' 
and ``Planting Standards'' by changing them to ``General Wildlife Land 
Type Category'' and ``Stocking Rates/Planting Standards.''
    6. Normal Husbandry Practices for Surface-Mined Lands in Texas.
    a. Texas proposes to revise the Table of Contents by adding 
``Bobwhite Quail and Other Grassland Bird Species Habitat Management 
Practices'' to Section E. Fish and Wildlife Habitat.
    b. Texas proposes to revise Section E. Fish and Wildlife Habitat by 
adding ``Bobwhite Quail and Other Grassland Bird Species Habitat 
Management Practices'' concerning Native Grass and Forb Restoration, 
Grazing, Patch Burning, Strip Discing, Brush Management, Prescribed 
Burning, Bobwhite Ecology and Management.

III. Public Comment Procedures

    We are reopening the comment period on the proposed Texas program 
amendment to provide the public an opportunity to reconsider the 
adequacy of the proposed amendment in light of the additional materials 
submitted. Under the provisions of 30 CFR 732.17(h), we are seeking 
comments on whether the proposed amendment satisfies the applicable 
program approval criteria of 30 CFR 732.15. If we approve the 
amendment, it will become part of the Texas program.

Written Comments

    Send your written or electronic comments to OSM at the address 
given above. Your written comments should be specific, pertain only to 
the issues proposed in this rulemaking, and include explanations in 
support of your recommendations. We will not consider or respond to 
your comments when developing the final rule if they are received after 
the close of the comment period (see DATES). We will make every attempt 
to log all comments into the administrative record, but comments 
delivered to an address other than the Tulsa Field Office may not be 
logged in.

Electronic Comments

    Please submit Internet comments as an ASCII or Word file avoiding 
the use of special characters and any form of encryption. Please also 
include Attn: TX-054-FOR and your name and return address in your 
Internet message. If you do not receive a confirmation that we have 
received your Internet message, contact the Tulsa Field Office at (918) 
581-6430.

Availability of Comments

    We will make comments, including names and addresses of 
respondents, available for public review during normal business hours. 
We will not consider anonymous comments. If individual respondents 
request confidentiality, we will honor their request to the extent 
allowable by law. Individual respondents who wish to withhold their 
name or address from public review, except for the city or town, must 
state this prominently at the beginning of their comments. We will make 
all submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public review in their entirety.

IV. Procedural Determinations

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the counterpart Federal regulation.

Executive Order 12866--Regulatory Planning and Review

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 and has determined that 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 because 
each 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

[[Page 20604]]

its implementing Federal regulations and whether the other requirements 
of 30 CFR parts 730, 731, and 732 have been met.

Executive Order 13132--Federalism

    This rule does not have Federalism implications. SMCRA delineates 
the roles of the Federal and State governments with regard to the 
regulation of surface coal mining and reclamation operations. One of 
the purposes of SMCRA is to ``establish a nationwide program to protect 
society and the environment from the adverse effects of surface coal 
mining operations.'' Section 503(a)(1) of SMCRA requires that State 
laws regulating surface coal mining and reclamation operations be ``in 
accordance with'' the requirements of SMCRA, and section 503(a)(7) 
requires that State programs contain rules and regulations ``consistent 
with'' regulations issued by the Secretary pursuant to SMCRA.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have evaluated the 
potential effects of this rule on Federally-recognized Indian tribes 
and have determined that the rule does not have substantial direct 
effects on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes. 
This determination is based on the fact that the Texas program does not 
regulate coal exploration and surface coal mining and reclamation 
operations on Indian lands. Therefore, the Texas program has no effect 
on Federally-recognized Indian tribes.

Executive Order 13211--Regulations That Significantly Affect the 
Supply, Distribution, or Use of Energy

    On May 18, 2001, the President issued Executive Order 13211 which 
requires agencies to prepare a Statement of Energy Effects for a rule 
that is (1) considered significant under Executive Order 12866, and (2) 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Because this rule is exempt from review 
under Executive Order 12866 and is not expected to have a significant 
adverse effect on the supply, distribution, or use of energy, a 
Statement of Energy Effects is not required.

National Environmental Policy Act

    This rule does not require an environmental impact statement 
because 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 certifies 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. 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.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not 
have an annual effect on the economy of $100 million; (b) Will not 
cause a major increase in costs or prices for consumers, individual 
industries, Federal, State, or local government agencies, or geographic 
regions; and (c) Does not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises. This determination is based upon the fact that the State 
submittal, which is the subject of this rule, is based upon counterpart 
Federal regulations for which an analysis was prepared and a 
determination made that the Federal regulation was not considered a 
major rule.

Unfunded Mandates

    This rule will not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of $100 million or more in any 
given year. This determination is based upon the fact that the State 
submittal, which is the subject of this rule, is based upon counterpart 
Federal regulations for which an analysis was prepared and a 
determination made that the Federal regulation did not impose an 
unfunded mandate.

List of Subjects in 30 CFR Part 943

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 28, 2006.
Charles E. Sandberg,
Regional Director, Mid-Continent Region.
 [FR Doc. E6-5972 Filed 4-20-06; 8:45 am]
BILLING CODE 4310-05-P