[Federal Register Volume 72, Number 111 (Monday, June 11, 2007)]
[Proposed Rules]
[Pages 32049-32052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11193]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 943

[Docket No. TX-057-FOR]


Texas Regulatory Program and Abandoned Mine Land Reclamation Plan

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

ACTION: Proposed rule; reopening and extension 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) and the Texas 
abandoned mine land plan (Texas plan) under the Surface Mining Control 
and Reclamation Act of 1977 (SMCRA or the Act). The revisions concern 
``determination of amount of penalty'' in the Texas regulations and 
``administrative penalties for violation of permit conditions'' in the 
Texas statute. Texas intends to improve operational efficiency.
    This document gives the times and locations that the Texas program 
and Texas plan and proposed amendments to that program and plan 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., June 26, 
2007.

ADDRESSES: You may submit comments, identified by Docket No. TX-057-
FOR, by any of the following methods:
     E-mail: [email protected]. Include ``Docket No. TX-057-
FOR'' in the subject line of the message.
     Mail/Hand Delivery: A. Dwight Thomas, Acting 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.
     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

[[Page 32050]]

of the SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to review copies of the Texas 
program and Texas plan, 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: A. Dwight Thomas, Acting 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: A. Dwight Thomas, Acting Director, 
Tulsa Field Office. Telephone: (918) 581-6430. E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:
I. Background on the Texas Program and Texas Plan
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

I. Background on the Texas Program and Texas Plan

    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.
    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 February 14, 2007 (Administrative Record No. TX-
662), and at its own initiative, Texas sent us an amendment to its 
program and plan under SMCRA (30 U.S.C. 1201 et seq.). We announced 
receipt of the proposed amendment in the April 30, 2007, Federal 
Register (72 FR 21185) and invited public comment on its adequacy. The 
public comment period ended May 30, 2007.
    During our review of the amendment, the Railroad Commission of 
Texas notified us that the Texas legislation that would raise the 
State's administrative penalty for violations had been capped at 
$10,000 instead of the $13,000 as proposed in the amendment to the 
Texas program submitted to us on February 14, 2007 (Administrative 
Record No. TX-662). On May 7, 2007, Texas sent us a revision to its 
amendment that pertains to its regulatory program (Administrative 
Record No. TX-662.03).
    Texas submitted additional revisions for the following provisions 
of the amendment:

A. Revisions to Texas' Regulations, Title 16 Texas Administrative Code 
(TAC)

Section 12.688 Determination of Amount of Penalty
    Texas' penalty schedule currently begins with a minimum penalty of 
$20 and increases to a maximum penalty of $5,000. Texas proposes to 
change the penalty schedule so that it begins with a minimum penalty of 
$550 and increases to a maximum penalty of $10,000. Texas proposes to 
increase the penalties to reflect the decreased value in the dollar 
since the penalty schedule was promulgated in 1979.

B. Revisions to Texas' Statute, Chapter 134 Texas Natural Resources 
Code

Section 134.174 Administrative Penalty for Violation of Permit 
Condition of this Chapter
    Texas proposes to revise subsection (b) to read as follows:

    (b) The penalty may not exceed $10,000 for each violation. Each 
day a violation continues may be considered a separate violation for 
purposes of penalty assessments.

III. Public Comment Procedures

    We are reopening the comment period on the proposed Texas program 
and Texas plan 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) and 30 CFR 884.15(a), we are seeking comments on whether the 
proposed amendment satisfies the applicable program and plan approval 
criteria of 30 CFR 732.15 and 30 CFR 884.14, respectively. If we 
approve the amendment, it will become part of the Texas program and 
Texas plan, as appropriate.

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

[[Page 32051]]

encryption. Please also include ``Attn: Docket No. TX-057-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.

Public Availability of Comments

    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

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 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.

[[Page 32052]]

List of Subjects in 30 CFR Part 943

    Intergovernmental relations, Surface mining, Underground mining.

     Dated: May 25, 2007.
Ervin J. Barchenger,
Acting Regional Director, Mid-Continent Region.
 [FR Doc. E7-11193 Filed 6-8-07; 8:45 am]
BILLING CODE 4310-05-P