[Federal Register Volume 71, Number 218 (Monday, November 13, 2006)]
[Proposed Rules]
[Pages 66150-66153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19084]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 943

[Docket No. TX-056-FOR]


Texas Abandoned Mine Land Reclamation Plan

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

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

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are announcing receipt of a proposed amendment to the Texas 
abandoned mine land reclamation plan (Texas plan) under the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The 
Railroad Commission of Texas, Surface Mining and Reclamation Division 
(RCT or commission) proposes to assume responsibility of the abandoned 
mine land reclamation (AMLR) emergency program in Texas. The RCT also 
proposes to revise its AMLR plan to reflect current practices and to 
update information regarding procedures for rights of entry, staffing, 
and emergency purchases. Texas intends to revise the Texas plan to be 
consistent with the corresponding Federal regulations and to improve 
operational efficiency.
    This document gives the times and locations that the Texas plan and 
the amendment to that plan are available for your inspection, the 
comment period during which you may submit written comments on the 
amendment, and the procedures that will be followed for the public 
hearing, if one is requested.

DATES: We will accept written comments on this amendment until 4 p.m., 
c.t., December 13, 2006. If requested, we will hold a public hearing on 
the amendment on December 8, 2006. We will accept requests to speak at 
a hearing until 4 p.m., c.t. on November 28, 2006.

ADDRESSES: You may submit comments, identified by Docket No. TX-056-
FOR, by any of the following methods:
     E-mail: [email protected]. Include ``Docket No. TX-056-
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, 
1645 South 101st East Avenue, Suite 145, Tulsa, Oklahoma 74128.
     Fax: (918) 581-6419.

[[Page 66151]]

     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, 1645 South 101st East Avenue, Suite 
145, Tulsa, Oklahoma 74128, 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 Plan
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

I. Background on the Texas Plan

    The Abandoned Mine Land Reclamation Program was established by 
Title IV of the Act (30 U.S.C. 1201 et seq.) in response to concerns 
over extensive environmental damage caused by past coal mining 
activities. The program is funded by a reclamation fee collected on 
each ton of coal that is produced. The money collected is used to 
finance the reclamation of abandoned coal mines and for other 
authorized activities. Section 405 of the Act allows States and indian 
tribes to assume exclusive responsibility for reclamation activity 
within the State or on indian lands if they develop and submit to the 
Secretary of the Interior (Secretary) for approval, a program (often 
referred to as a plan) for the reclamation of abandoned coal mines. On 
the basis of these criteria, the Secretary approved the Texas plan on 
June 23, 1980. You can find background information on the Texas plan, 
including the Secretary's findings, the disposition of comments, and 
the approval of the plan in the June 23, 1980, Federal Register (45 FR 
41937). You can find later actions concerning the Texas plan and 
amendments to the plan at 30 CFR 943.25.

II. Description of the Proposed Amendment

    By letter dated October 11, 2006 (Administrative Record No. TAML-
661), Texas sent us a proposed amendment to its plan under SMCRA (30 
U.S.C. 1201 et seq.). Texas sent the amendment at its own initiative. 
Texas proposes to assume the AMLR emergency program. Below is a summary 
of the changes proposed by Texas. The full text of the amendment is 
available for your inspection at the locations listed above under 
ADDRESSES.

Texas' Proposed AMLR Plan Revisions

    Section 410 of SMCRA authorizes the Secretary to use funds under 
the AMLR program to abate or control emergency situations in which 
adverse effects of past coal mining pose an immediate danger to the 
public health, safety, or general welfare. On September 29, 1982 (47 FR 
42729), we invited states to amend their AMLR plans for the purpose of 
undertaking emergency reclamation programs on our behalf. States would 
have to demonstrate that they have the statutory authority to undertake 
emergencies, the technical capability to design and supervise the 
emergency work, and the administrative mechanisms to quickly respond to 
emergencies either directly or through contractors.
    The RCT submitted documentation to demonstrate the statutory 
authority, the technical capability, and the administrative mechanisms 
to quickly respond to emergencies either directly or through 
contractors to meet our requirements.
    Texas proposes changes to its AMLR plan narrative at 884.13(c)(6), 
rights of entry; 884.13(d)(2), staffing; and 884.13(d)(3), purchasing 
and procurement. Texas also proposes to add a new section at 
884.13(d)(3) for emergency purchases.
    1. In the first paragraph of 884.13(c)(6), Texas proposes to update 
the references to its old regulations at Texas Coal Mining Regulations 
(TCMR) sections 806, 807, and 807(b) to its recodified regulations at 
16 Texas Administrative Code (TAC) sections 12.813, 12.814, and 
12.814(c).
    In the second paragraph of 884.13(c)(6), Texas proposes to remove 
the phrase, ``[i]f requested by OSM to perform as its agent or 
contractor.'' The revised paragraph reads as follows:

    The Commission will enter upon any land where an emergency 
exists and on any other land to have access to the land where the 
emergency exists to restore, reclaim, abate, control or prevent the 
adverse effects of coal mining practices and to do all things 
necessary or expedient to protect the public health, safety, or 
general welfare.

    2. Texas proposes to change its AMLR plan narrative at 884.13(d)(2) 
regarding ``staffing'' to demonstrate Texas'' technical capability to 
design and supervise the emergency work. Texas also proposes to include 
an organizational chart. The proposed narrative for this section reads 
as follows:

    The Surface Mining and Reclamation Division's Abandoned Mine 
Land Reclamation Program staff has demonstrated experience in 
developing and managing AML projects. Areas of expertise include 
realty (rights of entry, appraisal and liens), environmental 
assessment, engineering design, construction and contract management 
and revegetation and erosion control.
    The Division's Administration and Records Section also provides 
administrative support. The Commission's Finance and Accounting 
Division provides purchasing and contracting support and legal 
support is provided by the Commission's Office of General Counsel.

    3. Texas proposes to update its purchasing and procurement 
procedures at 884.13(d)(3) and to include a new section, emergency 
purchases.
    a. Texas proposes a new introductory paragraph for its general 
purchasing and procurement procedures as follows:

    The Railroad Commission adheres to purchasing and procurement 
procedures and regulations established by the Texas Building and 
Procurement Commission (TBPC). Purchasing and procurement authority 
has been delegated to the Railroad Commission by TBPC. The 
appropriate bidding processes are established by TBPC for various 
purchase amounts (Texas Administrative Code, Title 1, Part 5, 
Chapter 113, Subchapter A, Section 113.11(e)(4)(C)). The Railroad 
Commission has correspondingly established purchase authority levels 
associated with those purchase amount thresholds.

    b. Texas also proposes to add a new section regarding emergency 
purchases.
    (1) The new introductory paragraph reads as follows:

    The Texas Building and Procurement Commission authorizes state 
agencies to make emergency purchases and has established procedures 
for doing so (Texas Government Code, Title 10, Subtitle D, Section 
2155.137, and Title 1, Texas Administrative Code, Title 1, Part 5, 
Chapter

[[Page 66152]]

113, Subchapter A, Section 113.11(e)(4)(C)). Section 2.18 of the 
State of Texas Procurement Manual reads as follows:

    (2) The paragraph on ``agency responsibility'' states that Texas 
Building and Procurement Commission (TBPC) has delegated to all State 
agencies the authority to make emergency purchases with the proviso 
that emergency procurements are subject to TBPC's rules and procedures.
    (3) The paragraph on ``solicitation procedures'' allows State 
agencies to make emergency purchases of at least $25,000 without 
posting them in the Electronic State Business Daily.
    (4) The paragraph on ``justification requirements'' requires State 
agencies to send a letter of justification to TBPC documenting the 
emergency.
    (5) The paragraph on ``audit requirements'' states that emergency 
purchases of goods and services over $25,000 are subject to pre-payment 
audits by TBPC.

III. Public Comment Procedures

    Under the provisions of 30 CFR 884.15(a), we are requesting 
comments on whether the amendment satisfies the applicable State 
reclamation plan approval criteria of 30 CFR 884.14. If we approve the 
amendment, it will become part of the Texas plan and Texas will be 
eligible to receive funding to conduct the AMLR Emergency Program in 
Texas.

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-056-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. 
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.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., c.t. on 
November 28, 2006. If you are disabled and need special accommodations 
to attend a public hearing, contact the person listed under FOR FURTHER 
INFORMATION CONTACT. We will arrange the location and time of the 
hearing with those persons requesting the hearing. If no one requests 
an opportunity to speak, we will not hold a hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at the public hearing 
provide us with a written copy of his or her comments. The public 
hearing will continue on the specified date until everyone scheduled to 
speak has been given an opportunity to be heard. If you are in the 
audience and have not been scheduled to speak and wish to do so, you 
will be allowed to speak after those who have been scheduled. We will 
end the hearing after everyone scheduled to speak and others present in 
the audience who wish to speak, have been heard.

Public Meeting

    If only one person requests an opportunity to speak, we may hold a 
public meeting rather than a public hearing. If you wish to meet with 
us to discuss the amendment, please request a meeting by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings 
are open to the public and, if possible, we will post notices of 
meetings at the locations listed under ADDRESSES. We will make a 
written summary of each meeting a part of the administrative record.

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, to the 
extent required 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 and tribal abandoned 
mine land reclamation plans and plan amendments because each program is 
drafted and promulgated by a specific State or tribe, not by OSM. 
Decisions on proposed abandoned mine land reclamation plans and plan 
amendments submitted by a State or tribe are based solely on a 
determination of whether the submittal meets the requirements of Title 
IV of SMCRA (30 U.S.C. 1231-1243) and 30 CFR part 884 of the Federal 
regulations.

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 abandoned mine land reclamation programs. 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 405(d) of SMCRA requires State abandoned 
mine land reclamation programs to be in compliance with the procedures, 
guidelines, and requirements established under 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 plan does not 
provide for reclamation and restoration of land and water resources 
adversely affected by

[[Page 66153]]

past coal mining on indian lands. Therefore, the Texas plan 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 agency decisions on proposed State and tribal abandoned mine 
land reclamation plans and plan amendments are categorically excluded 
from compliance with the National Environmental Policy Act (42 U.S.C. 
4332) by the Manual of the Department of the Interior (516 DM 
13.5B(29)).

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: October 24, 2006.
Ervin J. Barchenger,
Acting Regional Director, Mid-Continent Region.
[FR Doc. E6-19084 Filed 11-9-06; 8:45 am]
BILLING CODE 4310-05-P