67596 Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Proposed Rules

Dated: December 18, 1997.

Charles E. Sandberg,

Acting Regional Director, Mid-Continent

Regional Coordinating Center.

[FR Doc. 97–33662 Filed 12–24–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 943

[SPATS No. TX–036–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 revisions to

Texas’ statutes pertaining to small

operator assistance, definitions,

exemptions, applicability to

governmental units, coal exploration

operations, prohibition on surface and

coal mining, notices of violation,

improvidently issued permits,

performance standards, eligibility of

land and water, and cessation orders.

The amendment is intended to revise

the Texas program to be consistent with

SMCRA.

This document sets forth the times

and locations that the Texas program

and proposed amendment to that

program are available for public

inspection, the comment period during

which interested persons may submit

written comments on the proposed

amendment, and the procedures that

will be followed regarding the public

hearing, if one is requested.

DATES: Written comments must be

received by 4:00 p.m., c.s.t., January 28,

1998. If requested, a public hearing on

the proposed amendment will be held

on January 28, 1998. Requests to speak

at the hearing must be received by 4:00

p.m., c.s.t. on January 13, 1998.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to Michael

C. Wolfrom, Director, Tulsa Field Office,

at the address listed below.

Copies of 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 address 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.

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.

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:

Michael C. Wolfrom, 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 regulatory 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 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.

On June 23, 1980, the Secretary of the

Interior approved the Texas abandoned

mine land reclamation plan.

Background information on the Texas

plan, including the Secretary’s findings,

the disposition of comments, and the

approval of the plan can be found in the

June 23, 1980, Federal Register (45 FR

41937). Subsequent actions concerning

the Texas plan and amendments to the

plan can be found at 30 CFR 943.25.

II. Description of the Proposed

Amendment

By letter dated December 1, 1997

(Administrative Record No. TX–643),

Texas submitted a proposed amendment

to its program pursuant to SMCRA.

Texas submitted the proposed

amendment at its own initiative. Texas

proposes to amend the Texas Surface

Coal Mining and Reclamation Act

(TSCMRA) to reflect changes resulting

from the passage of Senate Bills (SB)

636 and 898 by the 75th Texas

Legislature. The full text of the

proposed program amendment

submitted by Texas is available for

public inspection at the locations listed

above under ADDRESSES. A discussion of

the proposed amendment is presented

below.

1. TSCMR § 134.004 Definitions (SB

898)

Texas added the following definition

for the term ‘‘applicant’’ at section

134.004(3) and renumbered the existing

definitions to reflect this addition:

Applicant means a person or other legal

entity seeking a permit from the commission

to conduct surface coal mining activities or

underground mining activities under this

chapter.

2. TSCMRA § 134.005 Exemptions (SB

898)

Section 134.005(a) was amended by

removing the exemption for extraction

of coal for commercial purposes if the

surface mining operation affects two

acres or less at paragraph (2). Paragraph

(3) was renumbered (2) to reflect this

deletion.

3. TSCMRA § 134.008 Applicability to

Governmental Units (SB 898)

The following provision was added at

section 134.008 to authorize regulation

of governmental units who engage in

surface coal mining operations:

An agency, unit, or instrumentality of

federal, state, or local government, including

a publicly owned utility or publicly owned

corporation of federal, state, or local

government, that proposes to engage in

surface coal mining operations that are

subject to this chapter shall comply with this

chapter.

4. TSCMRA § 134.014 Coal

Exploration Operations (SB 898)

Section 134.014 was amended by

adding the following new provision at

subsection (b) and changing existing

subsection (b) to (c).

A person who conducts coal exploration

operations that substantially disturb the

natural land surface in violation of this

section or rule adopted under this section is

subject to Sections 134.174 through 134.181.

5. TSCMRA § 134.022 Prohibitions on

Surface Coal Mining in Certain Areas

(SB 898)

Section 134.022(c) was amended by

changing the date relating to valid

existing rights from May 9, 1979, to

August 3, 1977.

6. TSCMRA § 134.056 Small Mine

Exemption (SB 636)

At section 134.056(2), Texas increased

the amount of probable total annual

production allowed for surface coal

mining operators under its small
Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Proposed Rules 67597

operator assistance program from

100,000 to 300,000 tons.

7. TSCMRA § 134.068 Schedule of

Notices of Violations (SB 898)

Texas revised section 134.068(a) by

requiring the applicant to file with the

application a schedule listing any

notices of violations of this chapter, the

Federal Act, a Federal regulation or

Federal or State program adopted under

the Federal Act, or another law, rule, or

regulation of the United States, this

State, or a department or agency in the

United States pertaining to air or water

environmental protection. Texas also

deleted the language ‘‘in this state’’ from

the phrase ‘‘in connection with a surface

coal mining operation in this state.’’ At

section 134.068(b), the language

‘‘applicant shall include in the

schedule’’ was removed and the

language ‘‘schedule must indicate’’ was

added.

8. TSCMRA § 134.069 Effect or Past or

Present Violation (SB 898)

Texas amended section 134.069(a) by

removing paragraph (2), which allowed

the commission to issue a permit to an

applicant who had an unabated

violation if the applicant was contesting

the notice of violation. Texas amended

section 134.069(b) by adding language

that referenced this chapter and other

laws in Section 134.068 in relation to a

demonstrated pattern of willful

violations.

9. TSCMRA § 134.084 Suspension or

Rescission of Improvidently Issued

Permit (SB 898)

Texas added the following new

provision at section 134.084:

(a) The commission may suspend or

rescind an improvidently issued permit

under rules adopted by the commission.

(b) A rule adopted by the commission

under this section must be consistent with

and not less effective than a regulation

adopted under the federal Act.

(c) Except as provided by Subsection (d),

Chapter 2001, Government Code, does not

apply to an action by the commission under

this section to suspend or rescind an

improvidently issued permit.

A permit holder who is given notice of

suspension or rescission of an improvidently

issued permit under this section may file an

appeal for administrative review of the notice

as provided by commission rules. The review

is governed by Chapter 2001, Government

Code.

10. TSCMRA § 134.092 Performance

Standards (SB 898)

Texas amended section 134.092(a)(3)

by adding the language ‘‘all highwalls,

spoil piles, and’’ after the word ‘‘with’’

in the phrase ‘‘to restore the

approximate original contour of the land

with depressions eliminated.’’

11. TSCMRA § 134.142 Eligibility of

Land and Water (SB 636)

Texas amended section 134.142 by

removing its existing criteria at

paragraphs (1) through (3) for

determining if land and water are

eligible for reclamation or abatement

under its abandoned mine land

reclamation program and adding the

following new criteria:

Land and water are eligible for reclamation

or abatement expenditures under this

subchapter if the land and water are eligible

for reclamation or abatement expenditures

under the federal Act.

12. TSCMRA § 134.163 Terms of

Cessation Order (SB 898)

At section 134.163(1), Texas added

the language ‘‘condition, practice, or’’

after the word ‘‘the’’ in the phrase

‘‘determines the violation has been

abated.’’

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 4:00 p.m., c.s.t. on January

13, 1998. 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
67598 Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Proposed Rules

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

OSM has determined and certifies

pursuant to the Unfunded Mandates

Reform Act (2 U.S.C. 1502 et seq.) that

this rule will not impose a cost of $100

million or more in any given year on

local, state, or tribal governments or

private entities.

List of Subjects in 30 CFR Part 943

Intergovernmental relations, Surface

mining, Underground mining.

Dated: December 17, 1997.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

[FR Doc. 97–33661 Filed 12–24–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 943

[SPATS No. TX–035–FOR]

Texas Regulatory Program

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 (hereinafter the

‘‘Texas program’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). The proposed

amendment consists of revisions to

Texas’ regulations pertaining to

definitions, prime farmland, small

operator assistance, release of

performance bond, and backfilling and

grading. The amendment is intended to

revise the Texas program to be

consistent with the corresponding

Federal regulations.

This document sets forth the times

and locations that the Texas program

and proposed amendment to that

program are available for public

inspection, the comment period during

which interested persons may submit

written comments on the proposed

amendment, and the procedures that

will be followed regarding the public

regarding the public hearing, if one is

requested.

DATES: Written comments must be

received by 4:00 p.m. c.s.t., January 28,

1998. If requested, a public hearing on

the proposed amendment will be held

on January 23, 1998. Requests to speak

at the hearing must be received by 4:00

p.m., c.s.t. on January 13, 1998.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to Michael

C. Wolfrom, 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.

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.

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:

Michael C. Wolfrom, 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 December 1, 1997

(Administrative Record No. TX–644),

Texas submitted a proposed amendment

to its program pursuant to SMCRA.

Texas submitted the proposed

amendment in response to a June 17,

1997, letter (Administrative Record No.

640) that OSM sent to Texas in

accordance with 30 CFR 732.17(c).

Texas proposes to amend Chapter 12 of

the Texas Administrative Code (TAC).

1. TAC § 12.3 Definitions.

Texas added or revised the following

definitions at § 12.3:

Previously mined area—Land affected by

surface coal mining operations prior to

August 3, 1977, that has not been reclaimed

to the standards of this Chapter (relating to

Coal Mining Regulations).

Qualified laboratory—A designated public

agency, private firm, institution, or analytical

laboratory that can provide the required

determination of probable hydrologic

consequences or statement of results of test

borings or core samplings or other services as

specified at §§ 12.236 and 12.240 of this title

(relating to Program Services, and to Data

Requirements), and that meet the standards

of § 12.241 of this title (relating to Qualified

Laboratories).

Thick overburden—more than sufficient

spoil and other waste materials available

from the entire permit area to restore the

disturbed area to its approximate original

contour. More than sufficient spoil and other

waste materials occur where the overburden

thickness times the swell factor exceeds the

combined thickness of the overburden and

coal bed prior to removing the coal, so that