[Federal Register Volume 62, Number 58 (Wednesday, March 26, 1997)]
[Rules and Regulations]
[Pages 14311-14326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7533]


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DEPARTMENT OF THE INTERIOR
30 CFR Part 943

[SPATS No. TX-017-FOR]


Texas Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is approving a proposed amendment to the Texas regulatory 
program (hereinafter referred to as the ``Texas program'') under the 
Surface Mining Control and Reclamation Act of 1977 (SMCRA). Texas 
proposed revisions to and additions of rules pertaining to authority, 
responsibility and applicability; definitions; restrictions of 
financial interests of State employees; exemption for coal extraction 
incident to government-financed construction; exemption for coal 
extraction incidental to the extraction of other minerals; lands 
unsuitable for mining; coal exploration; geologic and hydrologic permit 
information; blasting plans; maps and plans; protection of the 
hydrologic balance; ponds, impoundments, banks, dams, and embankments; 
prime farmland; alluvial valley floors; public availability of permit 
information; approval and conditions of permits; transfer, assignment 
or sale of permit rights; bonding requirements; liability insurance; 
bond release; signs and markers; water quality standards; diversions; 
siltation structures; permanent and temporary impoundments; surface and 
ground water monitoring; stream buffer zones; use of explosives; coal 
mine waste; protection of fish and wildlife and related environmental 
values; backfilling and grading; revegetation; water discharge into 
underground mines; enforcement; suspension and revocation of permits; 
assessment of civil penalties; individual civil penalties; and blaster 
certification and training. Texas also proposed minor changes in 
wording, numbering, and punctuation of its rules. The amendment is 
intended to revise the Texas program to be consistent with the 
corresponding Federal regulations and SMCRA and to incorporate the 
additional flexibility afforded by the revised Federal regulations.

EFFECTIVE DATE: March 26, 1997.

FOR FURTHER INFORMATION CONTACT: Ervin J. Barchenger, Acting Director, 
Tulsa Field Office, Office of Surface Mining Reclamation and 
Enforcement, 5100 East Skelly Drive, Suite 470, Tulsa, Oklahoma 74135-
6548, Telephone: (918) 581-6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Texas Program
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations

I. Background on the Texas Program

    On February 16, 1980, the Secretary of the Interior conditionally 
approved the Texas program. 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 conditions of approval and program amendments can be found at 30 
CFR 943.10, 943.15, and 943.16.

II. Submission of the Proposed Amendment

    By letter dated May 13, 1993 (Administrative Record No. TX-551), 
Texas submitted a proposed amendment to its program pursuant to SMCRA. 
Texas submitted the proposed amendment in response to May 20, 1985, 
June 9, 1987, October 20, 1988, February 7, 1990, and February 21, 
1990, letters (Administrative Record Nos. TX-358, TX-388, TX-417, TX-
472, and TX-476) that OSM sent to Texas in accordance with 30 CFR 
732.17(c), in response to the required program amendments at 30 CFR 
943.16 (k) through (q), and at its own initiative.
    OSM announced receipt of the proposed amendment in the June 21, 
1993, Federal Register (58 FR 33785), and in the same document opened 
the public comment period and provided an opportunity for a public 
hearing on the adequacy of the proposed amendment. The public comment 
period would have closed on July 21, 1993. However, by letter dated 
July 16, 1993, the Texas Mining and Reclamation Association requested a 
30-day extension of time in which to review and provide comments on the 
proposed amendment. OSM announced receipt of the extension request and 
reopened the comment period in the August 16, 1993, Federal Register 
(58 FR 43308). The extended comment period ended August 20, 1993.
    During its review of the amendment, OSM identified several concerns 
relating to the proposed amendment. OSM notified Texas of these 
concerns by letter dated July 25, 1994 (Administrative Record No. TX-
578). OSM provided Texas with further clarification of its concerns by 
letters dated November 4, 1994, November 21, 1994, and January 18, 1995 
(Administrative Record Nos. TX-581, TX-589, and TX-585).
    By letter dated September 18, 1995 (Administrative Record No. TX-
598), Texas responded to OSM's concerns by submitting a revised program 
amendment package. OSM reopened the public comment period in the 
October 25, 1995, Federal Register (60 FR 54620) and provided an 
opportunity for a public hearing on the adequacy of the revised 
amendment. The public comment period closed on November 9, 1995. By 
letter dated December 15, 1995 (Administrative Record No. TX-634), 
Texas submitted documents to clarify and supplement its September 18, 
1995, revised amendment. By letter dated March 1, 1996 (Administrative 
Record No. TX-612), Texas provided information to supplement the 
revegetation success portion of its September 18, 1995, revised 
amendment.
    By letter dated January 29, 1996 (Administrative Record No. TX-
610), Texas withdrew portions of its September 18, 1995, revised 
amendment. Texas withdrew the roads and transportation system portion 
of the amendment because it had submitted a formal amendment on 
December 20, 1995, titled ``Transportation System, Utilities, and 
Support System,'' which superceded the changes in this amendment. 
During its review of the September 18, 1995, revised amendment and 
supplemental information, OSM

[[Page 14312]]

identified several concerns relating to the proposed amendment. OSM 
notified Texas of these concerns by letter dated June 18, 1996 
(Administrative Record No. TX-614).
    By letter dated July 31, 1996 (Administrative Record No. TX-621), 
Texas responded to OSM's concerns by submitting a revised program 
amendment package. Texas proposed to revise the Texas Coal Mining 
Regulations (TCMR) at: Subchapter A--General, parts 700, 701, 705, and 
707; subchapter F--Lands Unsuitable for Mining, parts 760, 761, 762, 
and 764; subchapter G--Surface Coal Mining and Reclamation Operations 
Permits and Coal Exploration Procedures Systems, parts 770, 776, 779, 
780, 783, 784, 785, 786, 787, and 788; subchapter J--Bond and Insurance 
Requirements for Surface Coal Mining and Reclamation Operations, parts 
800, 806, and 807; subchapter K--Permanent Program Performance 
Standards, parts 805, 816, 817, and 823; subchapter L--Permanent 
Program Inspection and Enforcement Procedures, parts 843, 845, and 846; 
and subchapter M--Training, Examination, and Certification of Blasters, 
part 850. In addition, Texas withdrew the revegetation success 
guidelines from this amendment and indicated they would be submitted as 
a separate amendment at a later time. By letter dated September 12, 
1996, (Administrative Record No. TX-635), Texas provided its 
Administrative Procedures Act to supplement its July 31, 1996 revised 
amendment.
    OSM reopened the public comment period in the August 28, 1996, 
Federal Register (61 FR 44260). The public comment period closed on 
September 27, 1996.
    During its review of the July 31, 1996, revised amendment, OSM 
identified concerns relating to a proposed change to the effective date 
of TCMR 762.076 regarding designating lands unsuitable for mining, a 
cross-reference in TCMR 780.148(c)(3) and 784.190(c)(3), proposed self-
insurance provisions at TCMR 806.311(d), and revised administrative 
procedures at TCMR 787.222 and 787.223. OSM notified Texas of these 
concerns by letter dated December 2, 1996 (Administrative Record No. 
TX-630).
    By letter dated December 31, 1996, (Administrative Record No. TX-
631), Texas responded to OSM's concerns by submitting information to 
supplement and correct cross-reference errors in its July 31, 1996, 
revised amendment. In addition, Texas withdrew the proposed changes to 
TCMR 787.222 and 787.223 regarding administrative procedures, and 
indicated it would submit changes to these procedures in a separate 
amendment. By letter dated February 4, 1997 (Administrative Record No. 
TX-636), Texas submitted information to correct a cross-reference error 
in its December 31, 1996, submittal.

III. Director's Findings

    After a thorough review, pursuant to SMCRA and the Federal 
regulations at 30 CFR 732.15 and 732.17, the Director finds that the 
proposed amendment, as submitted by Texas on May 13, 1993, and as 
revised and/or supplemented with explanatory information on September 
18, 1995, December 15, 1995, March 1, 1996, July 31, 1996, September 
12, 1996, December 31, 1996, and February 4, 1997, is no less stringent 
than SMCRA and no less effective than the corresponding Federal 
regulations.

A. Nonsubstantive Revisions to Texas' Regulations

    Texas proposed nonsubstantive changes to make editorial corrections 
and recodify previously approved regulations because of new 
regulations. Revisions that are not discussed concern substantive 
wording changes that are not inconsistent with SMCRA or the Federal 
regulations. The Director approves these changes.

B. Substantive Revisions to Texas' Regulations That Are Substantially 
Identical to the Corresponding Federal Regulations

1. New and Revised Texas Regulations
    Texas proposed the following new regulations and revisions to 
existing regulations that are substantive in nature and contain 
language that is substantially identical to the corresponding Federal 
regulations (listed in brackets):
    TCMR 700.002 (b)(4), (b)(5), and (f), authority, responsibility, 
and applicability [30 CFR 700.11 (a)(4), (a)(5) and (d)];
    TCMR 701.008 (5), (18), (19), (21), (26), (55), (67), (82), (84), 
(95), (102), and (107), definitions for affected area, coal mine waste, 
coal preparation, coal processing waste, cumulative impact area, other 
treatment facility, prime farmland, siltation structure, soil survey, 
topsoil, unwarranted failure to comply, and willful violation [30 CFR 
701.5, 843.5];
    TCMR 705.010 (a)(3) and (c), 705.011 (2), (3), (5), and (9), 
705.013(a), 705.014, 705.015(a), and 705.016(a), restrictions of 
financial interests of state employees [30 CFR 705.4 (a)(3) and (d), 
705.5, 705.11(a), 705.13, 705.15, and 705.17(a)];
    TCMR 709.025, 709.026 (a)(1) and (b)-(e), 709.027(c)-(e), 709.028, 
709.029(b)-(c), 709.030, 709.031(a), (b), and (d)-(f), 709.032, 709.033 
(a), (b), (c)(1), and (d), 709.034, exemption for coal extraction 
incidental to the extraction of other minerals [30 CFR 702.1, 
702.5(a)(1), 702.11(c)-(e), 702.12, 702.13(b)-(c), 702.14, 702.15(a), 
(b), and (d)-(f), 702.16, 702.17 (a), (b), (c)(1), and (d), and 
702.18];
    TCMR 760.069, areas designated unsuitable for mining by Congress 
[30 CFR 761.1];
    TCMR 760.070 (6), (7), (9), and (11), definitions of public 
building, public park, publicly-owned park, and significant 
recreational, timber, economic, or other values incompatible with 
surface coal mining operations [30 CFR 761.5];
    TCMR 761.071 (b), (c), and (e), and 761.072 (b)(1), (b)(2), (c), 
(d), (d) (1)-(4), (e) (1)-(2), (e)(3) (A)-(B), (f)(2), (g), and (h), 
areas where mining is prohibited or limited [30 CFR 761.11 and 761.12];
    TCMR 762.074 (4) and (5), definitions of renewable resource lands 
and substantial legal and financial commitments in a surface coal 
mining operation [30 CFR 762.5];
    TCMR 762.075(a), 762.075(b), and 762.077, designating lands 
unsuitable for surface coal mining operations [30 CFR 762.11(a), 
762.11(b), and 762.14];
    TCMR 764.079 (a), (b), (b)(1), (b)(1) (A)-(B), (b)(1) (D)-(F), 
(b)(2), (c), (c)(1), (c)(1) (A)-(B), (c)(1) (D)-(E), and (c)(2), 
764.080 (a) (4)-(7), (b)(1), (b)(3), (c), and (d), 764.081 (a) and 
(b)(2), 764.082 (b) and (c), 764.084(a), and 764.085(b), process for 
designating lands unsuitable for surface coal mining operations [30 CFR 
764.13, 764.15, 764.17, 764.19 (b) and (c), 764.23(a), and 764.25(b)];
    TCMR 776.111(a)(3)(E), application requirements for coal 
exploration of more than 250 tons [30 CFR 772.12(b)(10)];
    TCMR 779.126(d) and 783.172(d), surface and underground mine permit 
requirements--description of hydrology and geology [30 CFR 780.21(a) 
and 784.14(a)];
    TCMR 779.128 (a), (a) (3)-(4), and (b), and 783.174 (a), (a) (3)-
(4), and (b), surface and underground mine permit requirements--ground 
water information [30 CFR 780.21(b)(1) and 784.14(b)(1)];
    TCMR 779.129, .129 (a), (b), (b)(1), and (b)(3), and 783.175, .175 
(a), (b), (b)(1), and (b)(3), surface and underground mine permit 
requirements--surface water information [30 CFR 780.21(b)(2) and 
784.14(b)(2)];
    TCMR 780.141 (g) and (h), surface mine permit requirements--
blasting plans [30 CFR 780.13(a)];

[[Page 14313]]

    TCMR 780.142(b)(11), surface mine permit requirements--maps and 
plans [30 CFR 780.14(b)(11)];
    TCMR 780.142(d) and 784.197(d), surface and underground permit 
requirements--support facilities [30 CFR 780.38 and 784.30];
    TCMR 780.146(b), 780.146(c), 780.146(d)(1)-(4), 780.146(e), 
784.188(b), 784.188(c), and 784.188(e), protection of the hydrologic 
balance [30 CFR 780.21(i), 780.21(j), 780.21(f), 780.21(g), 784.14(h), 
784.14(i), and 784.14(f)];
    TCMR 785.201(b)(1), (b)(1)(B), (b) (2)-(4), (c) (1)-(2), and 
(d)(2), prime farmland permit application requirements [30 CFR 785.17 
(c)-(e)];
    TCMR 785.202(b) (1)(i), (2), and (3) (i)-(iv), application 
requirements--alluvial valley floors [30 CFR 785.19(d)(2)(i)];
    TCMR 786.210, public availability of applications [30 CFR 
773.13(d)];
    TCMR 786.216 (c) and (e), criteria for permit approval or denial 
[30 CFR 773.15(c) (5) and (11)];
    TCMR 786.220(d), conditions of permits [30 CFR 773.17(g)];
    TCMR 800.301(b)(2), requirements to file a bond [30 CFR 
800.11(b)(4)];
    TCMR 807.312 (a)-(c), bond release procedures [30 CFR 800.40 (a) 
and (b)];
    TCMR 807.313(a)(2), criteria and schedule for bond release [30 CFR 
800.40(c)(2)];
    TCMR 815.327(a), performance standards for coal exploration [30 CFR 
815.15(a)];
    TCMR 815.328, performance standards for coal exploration [30 CFR 
772.14];
    TCMR 816.340 and 817.510, water quality standards and effluent 
limitations [30 CFR 816.42 and 817.42];
    TCMR 816.341 (a) (1)-(3), (b), and (c), and 817.511 (a) (1)-(3), 
(b), and (c), hydrologic balance: diversions [30 CFR 816.43 (a) (1)-
(3), (b), and (c), and 817.43 (a) (1)-(3), (b), and (c)];
    TCMR 816.344(a), (b), (d), and (e), and 817.514(a), (b), (d), and 
(e), hydrologic balance: siltation structures [30 CFR 816.46(a), (b), 
(d), and (e), and 817.46(a), (b), (d), and (e)];
    TCMR 816.347(a)(1)-(2), (a)(4)-(10), (a)(12)-(13), (b), and (c)(1), 
and 817.517(a)(1)-(2), (a)(4)-(10), (a)(12)-(13), (b), and (c)(1), 
performance standards--permanent and temporary impoundments [30 CFR 
816.49(a)(1)-(2), (a)(4)-(10), (a)(12)-(13), (b), and (c)(1), and 
817.49(a)(1)-(2), (a)(4)-(10), (a)(12)-(13), (b), and (c)(1)];
    TCMR 816.348, hydrologic balance: ground water protection [30 CFR 
816.41(b)];
    TCMR 816.349, hydrologic balance: surface water protection [30 CFR 
816.41(d)];
    TCMR 816.350(a) and (b), and 817.519(a)(1), (a)(2), (a)(4), (b)(1), 
(b)(2), and (b)(4), hydrologic balance: surface and ground water 
monitoring [30 CFR 816.41(c) and (e), and 817.41(c)(1), (c)(2), (c)(4), 
(e)(1), (e)(2), and (e)(4)];
    TCMR 816.355 and 817.524, hydrologic balance: stream buffer zones 
[30 CFR 816.57 and 817.57];
    TCMR 816.357(a) and (c), and 817.526(b) and (c), use of explosives 
[30 CFR 816.61(a) and (c), and 817.61(b) and (c)];
    TCMR 816.358(a)-(d) and 817.527(a)-(d), use of explosives-
preblasting surveys [30 CFR 816.62(a)-(e) and 817.62(a)-(e)];
    TCMR 816.362(d), 817.530, and.530(c), (d), (e), (g), (j), (s)(1)-
(5), and (t), use of explosives--records of blasting operations [30 CFR 
816.68(d), 817.68, and 817.68(d), (e), (j), (o)(1)-(5), and (p)];
    TCMR 816.376(a), (b), and (c), and 817.543(a), (b), and (c), 
general requirements for coal mine waste dams and embankments [30 CFR 
816.84, 816.84(a) and (b)(1), 817.84, and 817.84(a) and (b)(1)];
    TCMR 816.377 and 817.544, coal mine waste dams and embankments site 
preparation [30 CFR 816.84 and 817.84];
    TCMR 816.378(a) and (c), and 817.545(a) and (c), design and 
construction of coal mine waste dams and embankments [30 CFR 
816.84(b)(1) and (f), and 817.84(b)(1) and (f)];
    TCMR 816.380(e)(10) and 817.547(e)(10), protection of fish, 
wildlife and related environmental values [30 CFR 816.97(h) and 
817.97(h)];
    TCMR 816.385(b)(3) and 817.552(b)(3), backfilling and grading 
requirements [30 CFR 816.83(c)(2) and 817.83(c)(2)];
    TCMR 816.390 and 817.555, revegetation: general requirements [30 
CFR 816.111 and 817.111];
    TCMR 817.509(a), hydrologic balance requirements [30 CFR 
817.41(a)];
    TCMR 817.535(c), general requirements for coal mine waste banks [30 
CFR 816.81(c)(1)];
    TCMR 823.620(a), prime farmland applicability [30 CFR 823.11(a) and 
(c)];
    TCMR 823.621(a)-(b) and 823.622(a)-(c), prime farmland soil removal 
and stockpiling [30 CFR 823.12];
    TCMR 823.624(a)-(b) and (d)-(f), prime farmland soil replacement 
[30 CFR 823.14];
    TCMR 823.625, prime farmland revegetation and restoration of soil 
productivity [30 CFR 823.15];
    TCMR 843.681(c) and (f)-(j), notice of violation abatement period 
extensions [30 CFR 843.12];
    TCMR 843.682(a)(1), suspension or revocation of permits [30 CFR 
843.13(a)(1)];
    TCMR 845.695(b)(1), procedures for assessment of civil penalties 
[30 CFR 845.17(b)(1)];
    TCMR 846.002 and 846.003, individual civil penalties assessed and 
amount [30 CFR 846.12 and 14].
    Because the above proposed revisions are identical in meaning to 
the corresponding Federal regulations, shown in brackets, the Director 
finds that Texas' proposed regulations are no less effective than the 
Federal regulations.
2. Deletion of Existing Texas Regulations
    Texas proposed to delete the following regulations because of OSM's 
repeal of the Federal counterpart regulations (shown in brackets) or 
because of the reasons stated:
    TCMR 770.101, definitions [definitions are moved, revised and 
adopted at TCMR 701.008];
    TCMR 740.146(b) and (c), and 784.188(b) and (c), protection of the 
hydrologic balance [30 CFR 780.21(b) and (c), 48 FR 43985, September 
26, 1983];
    TCMR 785.201(b)(3), (5), (6), and (8), prime farmland application 
requirements [30 CFR 785.17(b)(3), (5), (6), and (8), 48 FR 47722, 
September 29, 1983];
    TCMR 816.340 and 817.510, water quality standards and effluent 
limitations [30 CFR 816.42 and 817.42, 48 FR 44051, September 26, 
1983];
    TCMR 816.341, 816.342, 817.511, and 817.512, diversions [30 CFR 
816.43, 816.44, 817.43, and 817.44, 48 FR 43991, September 26, 1983];
    TCMR 816.344 and 817.515, sedimentation ponds [30 CFR 816.46 and 
817.46, 48 FR 44051, September 26, 1983];
    TCMR 816.347 and 817.517, permanent and temporary impoundments [30 
CFR 816.49 and 817.49, 48 FR 44004, September 26, 1983];
    TCMR 816.348 and 816.349, ground water protection and protection of 
ground water recharge capacity [30 CFR 816.50 and 816.51, 48 FR 43992, 
September 26, 1983];
    TCMR 816.350 and 817.519, surface and ground water monitoring [30 
CFR 816.52 and 817.52, 48 FR 43992, September 26, 1983];
    TCMR 816.355 and 817.524, stream buffer zones [30 CFR 816.57 and 
817.57, 48 FR 30327, June 30, 1983];
    TCMR 816.390, 816.395, 816.396, 817.555, 817.560, and 817.561, 
revegetation: general requirements,

[[Page 14314]]

standards for success, and tree and shrub stocking for forest land [30 
CFR 816,111, 816.116, 816.117, 817.111, 817.116, and 817.117, 48 FR 
40160, September 2, 1983];
    TCMR 817.528 (a), (c), and (d)-(1), surface blasting requirements 
[30 CFR 817.65, 48 FR 9810, March 8, 1983];
    TCMR 817.529, seismograph measurements [30 CFR 817.67, 48 FR 9810, 
March 8, 1983];
    TCMR 817.538(c)(3), coal processing waste banks construction 
requirements [30 CFR 817.85, 48 FR 44030, September 26, 1983];
    TCMR 823.620(c), prime farmland special requirements [30 CFR 
823.11(c), 48 FR 21463, May 12, 1983];
    TCMR 823.623, prime farmland alternative to separate soil horizon 
removal and stockpiling [No Federal counterpart, its removal does not 
effect the State program].
    Because the above proposed deletions are consistent with OSM's 
repeal of the Federal counterpart regulations or are proposed to be 
removed for other appropriate reasons, the Director finds that the 
proposed deletions will not render the Texas regulations less effective 
than the Federal regulations.

C. New Regulations and Revisions to Existing Texas' Regulations That 
Are Substantive in Nature

1. TCMR 700.003 (1) and (3), Definitions of Act and APA
    At TCMR 700.003(1), Texas defines ``Act'' to mean the Texas Surface 
Coal Mining Control and Reclamation Act. The State proposed to revise 
its definition by deleting the word ``control'' to reflect the actual 
title of the State surface coal mining and reclamation act as it is 
stated in the Texas statute. Texas also proposed to add a reference to 
the code citation. The proposed definition states: ``Act'' means the 
``Texas Surface Coal Mining and Reclamation Act'' (TEX. NAT. RES. CODE 
Ch. 134).
    Texas proposed to revise the definition of ``APTRA'' at TCMR 
700.003(3) to ``APA'' and to add a reference to the code citation of 
the APA. The APA is the successor code to the APTRA for the State's 
administrative procedures act. The proposed definition states: ``APA'' 
means the ``Administrative Procedure Act'' (Chapter 2001, TEX. GOV'T 
CODE). The Federal regulations do not contain a counterpart definition.
    The Director finds the proposed changes do not make the State's 
definitions of ``Act'' or ``APA'' inconsistent with any requirement of 
SMCRA or with the Federal regulations. The Director approves the 
proposed changes to the Texas regulations.
2. TCMR 701.008(25), Definition of Cropland
    Texas proposed to revise its definition of cropland by adding the 
phrase ``but does not include quick growing cover crops grown primarily 
for erosion control'' to the end of the existing definition. The 
corresponding Federal definition does not include the proposed State 
language. Texas proposed the change to make it clear that the 
definition of cropland is to identify lands used for the production of 
crops. It should not include lands that are not used for the production 
of crops, but where a cover crop is planted for erosion control 
practices. The Director finds that the proposed revision to the 
definition of cropland is not inconsistent with any requirement of 
SMCRA or the Federal regulations. The Director is approving the 
proposed definition.
3. TCMR 701.008, Definitions of Administratively Complete Application, 
Applicant, Application, Complete and Accurate Application, Principal 
Shareholder, and Property To be Mined
    OSM required Texas, at 30 CFR 943.16(k) to submit an amendment that 
includes definitions for complete application, applicant, application, 
principal shareholder, and property to be mined. Instead of submitting 
a definition of complete application, Texas submitted proposed 
definitions of administratively complete application and complete and 
accurate application. Because the Federal regulations do not contain a 
definition for complete application, Texas is not required to include 
this specific definition in its program. Texas also submitted proposed 
definitions of applicant, application, principal shareholder, and 
property to be mined. The proposed State definitions are the same as 
the counterpart Federal definitions at 30 CFR 701.5. The Director finds 
the proposed definitions at TCMR 701.008(4) administratively complete 
application, (9) applicant, (10) application, (24) complete and 
accurate application, (68) principal shareholder, and (70) property to 
be mined are no less effective than the corresponding Federal 
regulations at 30 CFR 701.5 and approves them. In addition, the 
Director is removing the required amendment at 30 CFR 943.16(k).
4. TCMR 701.008(34), Definition of Experimental Practice
    Texas proposed to add at TCMR 701.008(34) a definition for 
``experimental practices.'' The proposed definition is that 
experimental practice means the use of alternative surface coal mining 
and reclamation operation practices for experimental or research 
purposes. The Federal regulations do not contain a counterpart 
definition. However, the original Federal permanent program regulations 
published on March 13, 1979 (44 FR 15371) contained a definition for 
experimental practices. In 1983, OSM determined this definition was not 
needed and revised its regulations at 30 CFR 785.13(c) to delete the 
definition (48 FR 9478, March 4, 1983). Texas' proposed definition of 
experimental practice is the same as the previous Federal definition. 
The proposed Texas definition of experimental practice at TCMR 
701.008(34) is not inconsistent with any requirement of SMCRA or the 
Federal regulations. The Director is approving the proposed definition.
5. TCMR 701.008 (69) and (76), Definitions of Professional Specialist 
and Registered Professional Engineer
    Texas proposed to add a definition for professional specialist at 
TCMR 701.008(69) and a definition of registered professional engineer 
at TCMR 701.008(76). The proposed definition of professional specialist 
means a person whose training, experience, and professional 
certification or licensing are acceptable to the Commission for the 
limited purpose of performing certain specified duties under this 
Chapter. Texas proposed to use the term at TCMR 816.347(a)(11) and 
817.517(a)(11) in the following context ``* * * a qualified registered 
professional engineer or other qualified professional specialist under 
the direction of a professional engineer * * *''.
    The proposed definition of registered professional engineer means a 
person who is duly licensed by the Texas State Board of Registration of 
Professional Engineers to engage in the practice of engineering in this 
state. Texas proposed to use the term throughout its regulations 
regarding review and certification of engineering designs.
    The Federal regulations do not contain corresponding definitions. 
However, the Federal regulations use the terms in the same manner as 
proposed by Texas. The Director finds the proposed Texas definitions of 
professional specialist at TCMR 701.008(69) and registered professional 
engineer at TCMR 701.008(76) are not inconsistent with any requirement 
of SMCRA or the Federal regulations. Therefore, the Director is 
approving the proposed definitions.

[[Page 14315]]

6. TCMR 707.022, Exemption for Coal Extraction Incident to Government-
Financed Highway or Other Construction--Information to be Maintained on 
Site
    The Federal regulation at 30 CFR 707.12 requires that if coal 
extraction incidental to government financed construction extracts more 
than 250 tons or affects more than two acres, certain requirements must 
be met for maintaining information on site. At TCMR 707.022, Texas 
proposed to delete the reference to ``or effects more than two acres'' 
from its regulations. Texas made this change to its regulations in 
1988; however, OSM has not approved it as an amendment to the Texas 
program. Texas indicated that it made this change as part of its 
removal of the two-acre exemption requirements from its program. OSM 
did not revise this regulation when it removed the two acre exemption 
provisions from its regulations.
    The effect of the regulation in question is limited. It addresses 
when documents must be maintained on site; it does not address or have 
any effect on whether coal extraction incidental to government-financed 
construction is allowable. Although the Federal regulation contains two 
limits, tonnage and acreage, the tonnage limit as it applies in Texas 
is so restrictive that it renders the acreage limit superfluous. The 
only coal mined in Texas is lignite, which averages 1,750 tons per 
acre-foot in weight according to DOE Coal Data. This means that removal 
of just two inches of coal from one acre would result in 290 tons 
removed, exceeding the 250 ton limit. The possibility of coal removal 
incidental to government financed construction affecting more than two 
acres without the removal of more than 250 tons is extremely remote. 
Additionally, Texas has not used this provision of its program since 
its approval in 1980. It deleted the two acre provision from its 
regulations over eight years ago and it has not presented a problem in 
the field. Therefore, the Director finds that the proposed Texas 
regulation revision at TCMR 707.022 is no less effective than the 
corresponding Federal regulation at 30 CFR 707.12 and is no less 
stringent than SMCRA, and approves the regulation.
7. TCMR 709.026(a)(2), Definition of Cumulative Measurement Period
    Texas Proposed to define the cumulative measurement period as it 
applies to an exemption for coal extraction incidental to the 
extraction of other minerals. The proposed definition of cumulative 
measurement period at TCMR 709.026(a)(2) is substantively identical to 
the counterpart Federal definition at 30 CFR 702.5(a)(2), except that 
Texas proposed to insert the effective date of TCMR Part 709 of its 
regulations for the end date of the cumulative measurement period, and 
an anniversary date that is one day prior to the effective date. The 
Federal definition contains an end date of April 1, 1990, which is the 
effective date of the Federal regulation, and an anniversary date of 
March 31. OSM intended for primacy States to base the end date of the 
cumulative measurement period on the effective date of the counterpart 
provisions of the State's regulatory program (54 FR 52094, December 20, 
1989). OSM stated that its regulations ``were not intended [to] 
retroactively bring under this Act [SMCRA] activities that occurred 
prior to the effective date of this rule or the effective date of the 
counter part provisions of the State regulatory programs.'' The 
Director finds the proposed Texas definition of cumulative measurement 
period at TCMR 709.026(a)(2) is no less effective than the 
corresponding Federal definition at 30 CFR 702.5(a)(2), and approves 
it.
8. TCMR 709.027 (a) and (b), Application Requirements and Procedures 
for an Exemption for Coal Extraction Incidental to the Extraction of 
Other Minerals
    Texas proposed to use the effective date of TCMR Part 709 at TCMR 
709.027(a) to establish who must file an application for an exemption 
for incidental coal extraction and at TCMR 709.027(b) to establish a 
date for when existing operations must file an application. The Federal 
requirements at 30 CFR 702.11 (a) and (b) use the effective date of the 
Federal regulations. For the same reasons as discussed in Finding 
III.C.7. for the definition of ``cumulative measurement period,'' the 
use of the State's effective date is also appropriate for these 
subsections.
    In addition, at TCMR 709.027(b), Texas proposed to specify what 
constitutes an administratively complete application for an incidental 
mining exemption application. The Federal requirements do not contain a 
determination of when an application for an incidental mining exemption 
is administratively complete. The Federal definition of 
administratively complete application at 30 CFR 701.5 is specific to 
permit applications and coal exploration applications; it does not 
include incidental mining exemption applications. However, the addition 
of this requirement in the Texas program is not inconsistent with any 
requirement of SMCRA or the Federal regulations. The Director finds 
that Texas' proposed regulations at TCMR 709.027 (a) and (b) are no 
less effective than the corresponding Federal requirements, and 
approves them.
9. TCMR 709.027(F) and 709.033(c) (2) and (3), Administrative Review of 
Determinations for an Exemption and Revocation of an Exemption for Coal 
Extraction Incidental to the Extraction of Other Minerals
    The Federal regulations at 30 CFR 702.11(f) and 702.17(c) (2) and 
(3) state that any adversely affected person may request administrative 
review in accordance with 30 CFR 4.1280 or the corresponding State 
procedures when a State is the regulatory authority, and that a 
petition for administrative review shall not suspend the determination 
for an exemption or the effect of a decision on the revocation of an 
exemption Texas proposed at 709.027(f) and 709.033(c)(2), that an 
adversely affected person may request administrative review of 
determinations and decisions in accordance with Section 787.222. TCMR 
787.222 contains the corresponding State procedures in the Texas 
program. The Director finds that Texas' proposed regulations at TCMR 
709.027(f) and 709.033(c)(2) are no less effective than the 
corresponding Federal requirements and approves them.
    Texas did not propose corresponding regulations to the Federal 
regulations at 30 CFR 702.11(f)(2) and 702.17(c)(3), which state that a 
petition for administrative review filed under 43 CFR 4.1280 or under 
corresponding State procedures shall not suspend the effect of either a 
determination under 702.11(e) or a decision whether to revoke an 
exemption. As stated in the preamble to the final Federal rule (54 FR 
52114, December 20, 1989), this provision was added to the Federal rule 
in order to clarify the effect of the decision on revocation. 
Therefore, because the intent of the Federal regulations was only to 
clarify other regulations, the Director finds that Texas' omission of 
corresponding requirements to 30 CFR 702.11(f)(2) and 702.17(c)(3) does 
not render its program less stringent with SMCRA or less effective than 
the Federal regulations.
10. TCMR 709.029(a), Public Availability of Information for an 
Exemption for Coal Extraction Incidental to the Extraction of Other 
Minerals
    The Federal regulation at 30 CFR 702.13(a) states that all 
information submitted under 30 CFR Part 702 shall be available for 
public inspection and

[[Page 14316]]

copying at the local offices of the regulatory authority. Texas 
proposed at TCMR 709.029(a) that all information submitted to the 
Commission under Part 709 shall be available for public inspection and 
copying at the Division's central and local offices closest to the 
mining operation. The Director finds that Texas' inclusion of the 
central office, in addition to the local offices, does not render its 
proposed regulation at TCMR 709.029(a) less effective than the 
counterpart Federal requirement at 30 CFR 702.13(a) and approves it.
11. TCMR 760.070(5), Definition of Owner of Record or Ownership 
Interest of Record
    Texas proposed to add a definition of owner of record or ownership 
interest of record at TCMR 760.070(5). The proposed definition states 
that owner of record or ownership interest of record means the owner 
and address as shown in the tax records of the Texas Assessor-Collector 
of Taxes for the county where the property is located. Texas uses these 
terms throughout TCMR Subchapter F--Lands Unsuitable for Mining. The 
Federal regulations do not contain a corresponding definition. However, 
the Federal regulations use the term in the same manner as Texas. The 
Director finds the proposed Texas definition of owner of record or 
ownership interest of record at TCMR 760.070(5) is not inconsistent 
with any requirement of SMCRA or the Federal regulations. Therefore, 
the Director is approving the proposed definition.
12. TCMR 761.072(f)(1), Agency Notice of Adverse Affects on Protected 
Parks and Places
    Texas proposed to revise TCMR 761.072(f)(1) to be substantially 
identical to the corresponding Federal requirements at 30 CFR 
761.12(f)(1), with one exception. The Federal regulations includes a 
provision which states that ``[t]he regulatory authority, upon request 
by the appropriate agency, may grant an extension to the 30-day period 
of an additional 30 days.'' The Federal regulation provides that 
granting a 30-day extension for agencies to comment is discretionary to 
the regulatory authority. The proposed Texas regulation does not 
include provisions to grant a 30 day extension. By omitting this 
option, Texas has determined on a programmatic basis that it will not 
grant extensions. The Director finds this determination is not 
inconsistent with SMCRA or the Federal regulations and the proposed 
Texas regulation at TCMR 761.072(f)(1) is no less effective than the 
corresponding Federal requirement at 30 CFR 761.12(f)(1). The Director 
approves the regulation revisions.
13. TCMR 762.076(a), Lands Exempt From Designation as Unsuitable for 
Surface Coal Mining Operations
    The Federal regulations at 30 CFR 762.13 identify lands exempt from 
designation as unsuitable for surface coal mining operations by stating 
``The requirements of this part do not apply to--(a) Lands upon which 
surface coal mining operations were being conducted on the date of 
enactment of the Act''. In a previous State rulemaking, Texas revised 
its requirements at TCMR 7652.076(a) by adding ``on the date of 
enactment of the Act'' and deleting ``August 3, 1977''. The Federal 
regulations at 30 CFR 700.5 define ``Act'' as SMCRA, which has an 
effective date of August 3, 1977. The Texas regulations at TCMR 
700.003(1) defines ``Act'' to mean the Texas Surface Coal Mining and 
Reclamation Act, which has an effective date of May 9, 1979. The result 
of the Texas rule revision was to extend the time frame from August 3, 
1977, to May 9, 1979, for which lands being affected by mining are 
programmatically exempt from designation as unsuitable. In response to 
an issue letter, Texas proposed to revise its regulations to reinsert 
the August 3, 1977, date. This proposed change restores the Texas 
regulations at TCMR 762.076(a) back to that which OSM had previously 
approved. Therefore, the proposed change is the same as previously 
approved in the Texas program and no action is needed by the Director.
14. TCMR 764.079 (b)(1)(C) and (c)(1)(C), 764.080 (a)(1) and (b)(2), 
and 764.081(b)(1)(C), Process for Designating Lands as Unsuitable for 
Surface Coal Mining Operations
    (a) TCMR 764.079 (b)(1)(C) and (c)(1)(C), Requirements for Complete 
Petition. Texas proposed to add new requirements at TCMR 
764.079(b)(1)(C) to what is required for complete petitions for 
designation of lands unsuitable, and at TCMR 764.079(c)(1)(C) for 
complete petitions to terminate a designation. The proposed 
requirements state that complete petitions shall include the names and 
mailing addresses of persons with an ownership interest of record in 
the petitioned area. The Federal regulations do not have requirements 
that correspond to the proposed State regulations. The Federal 
regulations at 30 CFR 764.13 (b)(2) and (c)(2) allow that the 
regulatory authority may request that the petitioner provide other 
supplementary information that is readily available. The name and 
mailing address of each person with an ownership interest of record in 
the petition area is information that is available to the petitioners. 
The Director finds the proposed State requirements at TCMR 
764.079(b)(1)(C) and 764.079(c)(1)(C) are not inconsistent with any 
requirements of SMCRA or the Federal regulations and approves them.
    (b) Notification Requirements of Completeness Decision. At TCMR 
764.080(a)(1), Texas proposed revisions to its regulations that, with 
one exception, are substantially the same as the corresponding Federal 
requirements at 30 CFR 764.15(a)(1). The Federal regulations provide 
that within 30 days of receipt of a petition, the regulatory authority 
shall notify the petitioner by certified mail whether or not the 
petition is complete. Texas proposed to provide this notification 
within 60 days. As discussed in Finding III.C.14(c), Texas proposed an 
option, not contained in the Federal regulations, to provide an 
opportunity for a hearing and period of written comments on the 
completeness decision. To accommodate the additional time needed for a 
hearing and period of written comments on completeness, Texas added 30 
days to the schedule for a completeness determination. The Director 
finds the proposed regulation at TCMR 764.080(a)(1) is no less 
effective than the corresponding Federal regulation at 30 CFR 
764.15(a)(1) and approves it.
    (c) Hearing and Period of Written Comment for Completeness 
Determination. Texas proposed to add a new requirement at TCMR 
764.080(b)(2) that allows the Commission to provide a hearing or a 
period of written comments on completeness of petitions. The proposed 
requirements identifies who the Commission shall inform of the 
opportunity of a hearing or period of written comments, how the 
different entities will be notified, and where a notice will published. 
The Federal regulations do not have a requirement that corresponds to 
the proposed State regulation. The proposed State provision will 
provide greater opportunity for interested agencies, interveners, 
persons with ownership interest in the petition area, and the public to 
participate in the petition process and to make their views known to 
the Commission. The Director finds the proposed Texas regulation at 
TCMR 764.080(b)(2) is not inconsistent with any requirement of SMCRA or 
the Federal regulations and approves it.
    (d) Notice of a Hearing for a Complete Petition. The Federal 
regulations at 30 CFR 764.17(b)(1)(iii) require that proper

[[Page 14317]]

notice of a hearing for a complete petition to designate lands 
unsuitable for mining to persons with an ownership interest of record 
shall comply with applicable State law. AT TCMR 764.081(b)(1)(C), Texas 
proposed that proper notice shall be accomplished by placing a postage 
paid notice, addressed as shown in the public record, in the U.S. Mail. 
The use of the U.S. Mail is a reasonable method for providing notice of 
a hearing. The Director finds the proposed regulation at TCMR 
764.081(b)(1)(C) is no less effective than the corresponding Federal 
regulation at 30 CFR 764.17(b)(1)(iii) and approves it.
15. TCMR 779.127 and 783.173, Geology Description
    Texas proposed to revise TCMR 779.127 and 783.173 to specify in 
greater detail the geologic information that must be submitted in a 
permit application. In addition, OSM placed a required amendment on the 
Texas program at 57 FR 37447 (August 19, 1992) which states that: 
``Texas shall submit to OSM a proposed amendment for the geologic 
description requirements at TCMR 779.127 (a) and (b) to require that 
the geologic description must be based, in part, on analysis of samples 
of geologic materials collected from the proposed permit area.'' Texas 
proposed at TCMR 779.127(b) to specifically require that ``[t]he 
geologic description shall include analysis of samples * * * from the 
permit area.'' With one exception, proposed TCMR 779.127 and 783.173 
are substantially identical to corresponding Federal regulations at 30 
CFR 780.22 (b) and (c), and 784.22 (b) and (c).
    The exception is that Texas' proposed TCMR 779.127(a) does not 
include the information sources listed by the Federal regulations at 30 
CFR 780.22(b)(1) (i) through (iii). However, lack of these information 
sources does not relieve applicants from providing, or prevent Texas 
from requiring, a complete and adequate description of the geology of 
the permit and adjacent areas as specified at proposed TCMR 779.127(a). 
Therefore, the Director finds that the omission of these information 
sources does not render the proposed regulations at TCMR 779.127 and 
783.173 less effective than the Federal regulations at 30 CFR 780.22 
(b) and (c), and 784.22 (b) and (c). The Director approves the proposed 
regulations. In addition, the Director is removing the required 
amendment at 30 CFR 943.16(l).
16. TCMR 780.142(c) and 784.197(c), Surface and Underground Mine Permit 
Requirements--Operation Plan: Maps and Plans
    OSM placed a required amendment on the Texas program at 57 FR 37447 
(August 19, 1992) which states that: ``Texas shall submit to OSM a 
proposed amendment for the permit operation maps and plans requirements 
at TCMR 779.14[2](c) to require that qualified registered professional 
engineers (not professional geologist) prepare and certify cross 
sections, maps, and plans for sedimentation ponds, water impoundments; 
coal processing waste banks, dams, and embankments; excess spoil fills; 
durable rock fills; and coal mine waste disposal facilities.'' Texas 
proposed to revise TCMR 780.142(c) to address this required amendment. 
Texas proposed similar changes to the underground mining requirements 
at 784.197(c). The proposed revisions to the Texas regulations are 
substantially the same as the counterpart Federal requirements. Also, 
Texas does not propose a cross-reference counterpart to 30 CFR 
816.74(c)--disposal of excess spoil on existing benches, because Texas 
does not have a State counterpart to this Federal requirement. This 
omission was previously approved as part of the Texas program. The 
Director finds that proposed Texas regulations at TCMR 780.142(c) and 
784.197(c) are no less effective than the corresponding Federal 
requirements at 30 CFR 780.14(c) and 784.23(c) and approves them. In 
addition, the Director is removing the required amendment at 30 CFR 
943.16(m).
17. TCMR 780.142(c) and 784.197(c), TCMR 780.148(a)(3)(i) and 
784.190(a)(3)(i), TCMR 816.344(b)(3) and 817.514(b)(3), and TCMR 
816.347 (a)(3), (a)(11), and (c)(2), and 817.517 (a)(3), (a)(11), and 
(c)(2), Land Surveyor Maps and Plans Preparation, Inspections and 
Certifications
    The Federal regulations at 30 CFR 780.14(c) and 784.23(c) allow 
qualified, registered, professional land surveyors to prepare and 
certify maps and plans; however, Texas does not propose to adopt 
provisions at TCMR 780.142(c) and 784.197(c) to allow land surveyors to 
prepare and certify maps and plans. Texas, at TCMR 780.148(a)(3)(i) and 
784.190(a)(3)(i), proposed to delete provisions that allow land 
surveyors to prepare and certify plans prepared under TCMR 
780.148(a)(3) and 784.190(a)(3). The Federal regulations at 30 CFR 
816.46(b)(3) and 817.46(b)(3) allow qualified land surveyors to certify 
siltation structures; however, Texas does not propose to adopt 
provisions that allow land surveyors to certify siltation structures at 
TCMR 816.344(b)(3) and 817.514(b)(3). The Federal regulations at 30 CFR 
816.49 (a)(3), (a)(11), and (c)(2), and 817.49 (a)(3), (a)(11), and 
(c)(2) allow a qualified registered professional land surveyor to 
inspect and certify certain permanent and temporary impoundments. Texas 
does not propose to adopt provisions that allow land surveyors to 
certify designs at TCMR 816.347(a)(3) and 817.517(a)(3), to conduct 
inspections of impoundments under TCMR 816.347(a)(11) and 
817.517(a)(11), or to certify designs at TCMR 816.347(c)(2) and 
817.517(c)(2). At 57 FR 37450 (August 19, 1992), OSM previously 
approved Texas' omission of land surveyors from other sections of the 
Texas program. The Director finds that Texas' proposed changes to 
remove previously adopted provisions and to omit other provisions that 
allow land surveyors to prepare and certify certain plans does not 
render the Texas regulations less effective than the corresponding 
Federal regulations. Therefore, the Director approves these 
regulations.
18. TCMR 780.146 (a) and (d), and 784.188 (a) and (d), Hydrologic 
Information
    (a) TCMR 780.146(a) and 784.188(a), Hydrologic Reclamation Plan. 
Texas proposed to revise its hydrologic reclamation plan requirements 
at TCMR 780.146(a) and TCMR 784.188(a). Except for the requirements at 
TCMR 780.146(a) (1) and (3), and 784.188(a) (1), (3), and (9), the 
proposed regulations contain language that is substantially the same as 
the corresponding Federal requirements for hydrologic reclamation plan 
at 30 CFR 780.21(h) and 30 CFR 784.14(g). Texas proposed to add 
language to TCMR 780.146(a)(1) and 784.188(a)(1) to ensure that the 
hydrologic reclamation plan include alternative sources of water where 
the protection of the quality cannot be ensured. These proposed 
requirements and the existing requirements at TCMR 780.146(a)(3) and 
784.188(a)(3), which require that the hydrologic reclamation plan 
include alternative sources of water where the protection of the 
quantity cannot be ensured, supplement Texas' permit application 
requirements for alternative water supply information at TCMR 779.130 
and 783.176. At TCMR 780.146(a)(3) and 784.188(a) (3) and (9), Texas 
proposed nonsubstantive wording changes that are not inconsistent with 
SMCRA or the Federal regulations. The Director finds the proposed 
regulations

[[Page 14318]]

at TCMR 780.146(a) and 784.188(a) are no less effective than the 
corresponding Federal requirements and approves them.
    (b) TCMR 784.188(d) (1)-(4), Determination of Probable Hydrologic 
Consequences--Underground Mining. Texas proposed to delete its existing 
requirements for the determination of probable hydrologic consequences 
(PHC) from TCMR 784.188(c) and replace them with more detailed PHC 
requirements at proposed TCMR 784.188(d). With one exception, the 
proposed PHC determination requirements at proposed 784.188(d) (1)-(4) 
are substantially the same as the corresponding Federal requirements at 
30 CFR 784.14(e). The Federal regulations at 30 CFR 784.14(e)(3)(iv) 
require that PHC determinations include findings on whether underground 
mining activities conducted after October 24, 1992, may result in 
contamination, diminution or interruption of a well or spring in 
existence at the time the permit application is submitted and used for 
domestic, drinking, or residential purposes within the permit or 
adjacent areas. At proposed TCMR 784.188(d)(3)(C), Texas is adding a 
requirement that the PHC must include a finding on whether the proposed 
operation may proximately result in contamination, diminution, or 
interruption of an underground or surface source of water within the 
proposed permit or adjacent areas which is used for domestic, 
agricultural, or other legitimate use. Proposed TCMR 784.188(d)(3)(c) 
requires a PHC determination if any legitimate use of water may be 
affected, whereas the Federal requirement for underground mining is 
limited to requiring the PHC to address impacts to domestic, drinking 
or residential uses. In addition, the Federal regulation effective date 
of October 22, 1992, for this requirement does not have any actual 
impact in Texas. On May 30, 1995, OSM confirmed with Texas that no 
underground mines have operated in Texas after October 24, 1992, and 
there is no underground mining activity proposed in the State (60 FR 
38490, July 27, 1995). Therefore, the Director finds that Texas' 
proposed regulations at TCMR 784.188(d) (1)-(4) are no less effective 
than the corresponding Federal requirements at 30 CFR 784.14(e) and 
approves them.
    (c) TCMR 780.146(d)(5) and 784.188(d)(5), Supplemental Hydrologic 
Information. The Federal requirements at 30 CFR 780.21(b)(3) and 
784.14(b)(3) contain requirements for supplemental information that 
must be submitted if the PHC projects or other conditions indicate that 
adverse hydrologic impacts may occur. The proposed Texas regulations at 
TCMR 780.146(d)(5) and 784.188(d)(5) contain language that is 
substantially identical to the Federal regulations. In addition, the 
proposed State regulations also include a requirement for information 
to be provided on alternative water supplies if such impacts are 
anticipated. This additional requirement supplements the existing State 
requirements for alternative water supply information at TCMR 779.130 
and 783.176 and is not inconsistent with SMCRA or the Federal 
regulations. The Director finds that Texas' proposed regulations at 
TCMR 780.146(d)(5) and 784.188(d)(5) are no less effective that the 
corresponding Federal regulations and approves them.
    (d) Alternative Water Supply Information. The Federal regulation at 
30 CFR 780.21(e) contains requirements for alternative water supply 
information to be submitted in the permit application if the PHC 
indicates that the proposed mining operation may impact a surface or 
underground source of water within the permit or adjacent areas that is 
used for a legitimate purpose. The Texas counterpart to the Federal 
requirement is at TCMR 779.130. OSM informed Texas, in a letter sent 
under 30 CFR 732.17(c), that it should change its alternative water 
supply requirements to be no less effective that the Federal regulation 
at 30 CFR 780.21(e). As discussed in Findings III.C.18(a) and 
III.C.18(c), Texas proposed revised and new regulations at TCMR 
780.146(a) and (d)(5), respectively, that supplement its existing 
requirements for alternative water supply information. The Director 
finds that Texas' requirements for alternative water supply information 
at TCMR 779.130 as supplemented with its requirements at TCMR 
780.146(a) and (d)(5) are no less effective than the Federal 
requirements at 30 CFR 780.21(e).
19. TCMR 780.148(c)(3) and 784.190(c)(3), Surface and Underground 
Requirements--Reclamation Plan: Permanent and Temporary Impoundments
    The Federal regulations at 30 CFR 780.25(c)(3) and 784.16(c)(3) 
provide that for ponds not meeting the requirements of subsections 
(c)(2), the regulatory authority may establish engineering design 
standards that ensure stability comparable to the 1.3 minimum static 
safety factor in lieu of engineering tests to establish compliance with 
the performance standards. Texas chose to not propose engineering 
design standards. However, at TCMR 780.148(c)(3) and 784.190(c)(3), 
Texas proposed to establish a minimum static safety factor of 1.3 for 
ponds that do not meet the requirements of 816.347(a)(4)(i) and 
817.517(a)(4)(i). Although Texas cross-references its performance 
standards instead of the permitting requirements as in the Federal 
regulations, the effect of the cross-reference is the same. The 
Director finds that the proposed Texas regulations at TCMR 
780.148(c)(3) and 784.190(c)(3) are no less effective than the 
corresponding Federal requirements at 30 CFR 780.25(c)(3) and 
784.16(c)(3), and approves them.
20. TCMR 806.311(d), Terms and Conditions for Liability Insurance
    The Federal regulations at 30 CFR 800.60(d) contain provisions for 
self-insurance in lieu of a certificate for a public liability 
insurance policy. The regulations require that to be self-insured, an 
applicant must satisfy the applicable State self-insurance requirements 
approved as part of the regulatory program and the requirements of this 
Section. Texas proposed to add a provision to its regulations at TCMR 
806.311(d) regarding self-insurance that states ``[t]he Commission may, 
upon request of an applicant that is self-bonded or determined to be 
eligible for self-bonding under Section 309(j)(2), consider such 
applicant to meet the self-insurance requirements of this Paragraph.'' 
Texas regulation TCMR 806.309(j)(2) contains the self-bonding 
requirements for business and governmental entities. These requirements 
are substantially similar to the Federal requirements at 30 CFR 
800.23(b), except for the alternative financial eligibility criteria of 
the Texas program found at TCMR 806.309(j)(2)(C)(iv) differ from the 
Federal requirements, and were approved as part of the Texas program on 
December 13, 1995 (60 FR 63922). Texas provided information to 
demonstrate it has authority to implement a self-insurance program for 
surface coal mining and reclamation operations. It submitted a letter 
from the Texas Department of Insurance that states: `` * * * there are 
no provisions in the Texas Insurance Code pertaining to self-insurance 
for general liability coverage * * * [t]his does not mean that other 
state agencies could not have their own rules or regulations concerning 
self-insurance in lieu of purchasing an insurance policy.'' Texas 
stated that it derives its authority to set self-insurance requirements 
for coal mine operators from its Surface Coal

[[Page 14319]]

Mining and Reclamation Act, TEX. NAT. RES. CODE Secs. 134.052, which 
provides: ``(a) [a] permit application must be submitted in a manner 
satisfactory to the Commission and must contain: * * * (19) * * * 
evidence satisfactory to the commission that the applicant should be 
allowed to be self-insured * * *.'' The Texas requirements for self-
bonding will ensure that an applicant which seeks to self-insure will 
possess sufficient financial capacity and solvency to adequately 
compensate a person who has personal injury or property damage as a 
result of the surface coal mining and reclamation operations to the 
minimum limits for certificated liability coverage under TCMR 
806.311(a). The Director finds that the existing requirements of Texas' 
Surface Coal Mining and Reclamation Act, TEX. NAT. RES. CODE 
Sec. 134.052(a)(19), together with existing TCMR 806.309(j)(2) and 
proposed TCMR 806.311(d) are no less effective than the Federal 
regulations at 30 CFR 800.60(d). Therefore, the Director approves TCMR 
806.311(d).
21. TCMR 816.34(a)(4), Diversion Design Specifications
    At TCMR 816.341(a)(4) (i)-(v) and 817.511(a)(4) (i)-(v), Texas 
proposed specific design criteria for diversions. The Federal 
regulations at 30 CFR 816.43(a) (4) and 817.43(a) (e) provide 
discretion for regulatory authorities to specify design criteria for 
diversions to meet the requirements of these sections. The proposed 
State design specifications address stabilization of diversion banks 
and channels, erosion protection for transition and critical areas, 
energy dissipators, handling of excess excavated material, and handling 
of topsoil. The Director finds the proposed State regulations are not 
inconsistent with any requirement of SMCR or the Federal regulations 
and is approving them.
22. TCMR 816.344(c) and 817.514(c), Siltation Structures
    At TCMR 816.344(c) (1)-(2) and 817.514(c) (1)-(2), Texas proposed 
to add regulations that, with two exceptions, are substantially the 
same as the Federal regulations at 30 CFR 816.46 (c) and 817.46 (c). 
The proposed regulations at TCMR 816.344(c)(1)(iii)(A) and 
817.514(c)(1)(iii)(A) state that sedimentation ponds shall be designed 
to provide adequate sediment storage volume, which is identical tot he 
corresponding Federal requirements. The State regulations contain an 
additional provision in that they establish a minimum sediment storage 
volume and describe how the sediment volume shall be determined. The 
proposed regulations at TCMR 816.344(c)(1)(c)(iii)(B) and 
816.514(c)(1)(iii)(B) state that sedimentation ponds shall be designed 
to provide adequate detention time, which also is identical to the 
corresponding Federal requirements. The State regulations contain an 
additional provision in that they establish a minimum detention time of 
10 hours unless chemical treatment is used. The Director finds these 
additional requirements are not inconsistent with any requirement of 
SMCRA or the Federal regulations. In addition, the Director finds that 
the proposed regulations at TCMR 816.344(c) (1)-(2) and 817.514(c) (1)-
(2) are no less effective that the corresponding Federal requirements 
and is approving these regulations.
23. TCMR 817.519 (a)(3) and (b)(3), Hydrologic Balance: Ground Water 
Monitoring
    At its underground mining performance standards at TCMR 817.519 
(a)(3) and (b)(3), Texas proposed new regulations that, with one 
exception, are substantially the same as the Federal regulations at 30 
CFR 817.41 (c)(3) and (e)(3). At TCMR 817.519 (a)(3)(1) and (b)(3)(i), 
Texas proposed to add the phrase ``and the water rights of other users 
have been protected or replaces.'' The corresponding Federal 
regulations do not contain this requirement. Texas proposed to place 
the same requirements on underground mining as it does for surface 
mining operations for ground water and surface monitoring. This 
includes ensuring that the water rights of users have been protected or 
replaced before allowing any modifications to the monitoring plans. The 
Director finds that the proposed regulations at TCMR 817.519 (a)(3) and 
(b)(3) are not inconsistent with any requirement of SMCRA or the 
Federal regulations, and approves them.
24. TCMR 816.357(d) and 817.526(d), Use of Explosives: General 
Requirements
    At TCMR 816.357(d) and 817.526(d), Texas proposed new regulations 
that are substantially the same as the corresponding Federal 
regulations at 30 CFR 816.61(d) and 817.61(d), with two exceptions. 
Subsections (d)(1)(A) and (d)(1)(B) of the proposed regulations require 
that blast designs be submitted if blasting operations are within 1,000 
feet of specific buildings or 500 feet of specific structures. At TCMR 
816.357(d)(1)(A) and 817.526(d)(1)(A), Texas proposed to add 
``hospital'' and ``nursing facilities'' to the list of buildings 
identified in the Federal regulations. In addition, at TCMR 
816.357(d)(1)(B) and 817.526(d)(1)(B), Texas proposed to add ``disposal 
wells, petroleum or gas storage facilities'' and ``fluid-transmission 
pipelines, gas or oil-collection lines, or water and sewage lines'' to 
the list of structures identified in the Federal regulations. Texas 
proposed to add the buildings and structures identified in these 
regulations to be consistent with its existing requirements at TCMR 
816.360(a)(2) and 817.528(a)(2). The Director finds that the proposed 
Texas regulations at TCMR 816.357(d) and 817.526(d) are not 
inconsistent with any requirement of SMCRA and are no less effective 
than the Federal regulations at 30 CFR 816.61(d) and 817.61(d). 
Therefore, the Director approves them.
25. TCMR 816.330(f), 816.360, 817.500(f), and 817.528, Use of 
Explosives
    (a) TCMR 816.330(f) and 817.500(f), Blasting Signs. Texas proposed 
to revise its blasting sign regulations for surface and underground 
mining to reference sections 816.360 and 817.528, respectively, to 
determine when blasting signs are required. These proposed regulations 
are similar to 30 CFR 816.666(a) and 817.66(a), which state, in part, 
that blasting signs shall meet the specifications of 30 CFR 816.11. The 
Director finds the proposed State regulations at TCMR 816.330(f) and 
817.500(f) are no less effective than the comparable Federal 
regulations at 30 CFR 816.66(a) and 817.66(a) and approves them.
    (b) TCMR 816.360, Control of Adverse Effects. OSM placed required 
amendments 30 CFR 943.16(n) (1)-(5) on the Texas program at 57 FR 37447 
(August 19, 1992) which require that Texas require operators to submit 
blast designs for all blasting operations within 1000 feet of buildings 
listed in TCMR 816.360(a)(2)(A) and within 500 feet of the facilities 
listed in TCMR 816.360(a)(2)(B), add ``public buildings'' and 
``community or institutional buildings'' to the list of protected 
buildings at TCMR 816.360(a)(2)(A), add ``active and abandoned 
underground mines'' to the list of facilities in TCMR 816.360(a)(2)(B), 
correct citation errors in TCMR 816.360(h), and correct a codification 
error and citation errors at proposed TCMR 816.360(i). Texas proposed 
to make changes to TCMR 816.360 (a)(2), (a)(2)(A), (a)(2)(B), (h)(1), 
(h)(2), (h)(3), and (i) that satisfy the required amendments. Texas 
also proposed to make changes to TCMR

[[Page 14320]]

816.360 to correct a citation error at Section .360(f)(1)(A) that is 
the result of recodifying Section .360(i), and to correct other 
citation errors at (g)(2), (h)(2)(A) and (h)(3)(A) and (B). The 
Director finds that proposed TCMR 816.360 is not less effective than 
the corresponding Federal regulations at 30 CFR 816.61 and 816.67 and 
approves it. In addition, the Director, is removing the required 
amendments at 30 CFR 943.16(n)(1)-(5).
    (c) TCMR 817.528, Control of Adverse Effects. Texas proposed to 
substantially revise its underground mining regulations for use of 
explosives--control of adverse effects at TCMR 817.528. The Director 
finds that proposed TCMR 817.528 includes all the requirements of, and 
is no less effective than the corresponding Federal regulations at 30 
CFR 817.61, 817.66, and 817.67. The Director approves these 
regulations.
26. TCMR 816.376(d) and 817.543(d), Coal Mine Waste Dams and 
Embankments
    Texas proposed to add new regulations at TCMR 816.376(d) and 
817.543(d) that, with one exception, are substantially the same as the 
corresponding Federal regulations at 30 CFR 816.84(b)(2) and 
817.84(b)(2). The Federal regulations require that each impounding 
structure constructed of coal mine waste or intended to impound coal 
mine waste that meets the criteria of 30 CFR 77.216(a) shall have 
adequate spillway capacity to safely pass, adequate storage capacity to 
safely contain, or a combination of storage capacity and spillway 
capacity to safely control, the probable maximum precipitation of a 6-
hour precipitation event, or greater event as specified by the 
regulatory authority. Texas' proposed regulations at TCMR 816.376(d) 
and 817.543(d) require that all impoundments meeting the specified 
criteria to have a combination of principal and emergency spillways 
able to safely pass the probable maximum precipitation of a 6-hour or 
greater precipitation event. The Director finds that the proposed 
provisions which require that each impounding structure constructed of 
coal mine waste or intended to impound coal mine waste that meet the 
criteria of 30 CFR 77.216(a) to have a combination of principal and 
emergency spillways able to safely pass the probable maximum 
precipitation of a 6-hour or greater precipitation event do not render 
proposed TCMR 816.376(d) and 817.543(d) less effective than the 
corresponding Federal requirements at 30 CFR 816.84(b)(2) and 
817.84(b)(2). Therefore, the Director approves the regulations.
27. TCMR 816.395 and 817.560, Revegetation Standards for Success
    Texas proposed new requirements at TCMR 816.395 (a)-(c) and 817.560 
(a)-(c). Except at TCMR 816.395(b)(1), 816.395(c)(4) and 817.560(c)(4), 
Texas' proposed requirements at TCMR 816.395 and 817.560 are 
substantially identical to the Federal requirements for revegetation 
success at 30 CFR 816.116 and 817.116. At proposed TCMR 816.395(b)(1), 
Texas proposed to add the postmining land use of ``undeveloped land'' 
to the list of land uses where ground cover and production of living 
plants shall be at least equal to that of a reference area or such 
other success standard approved by Texas. There is no Federal 
counterpart to the Texas proposal for a success standard for 
undeveloped land. However, since undeveloped land is a recognized land 
use category by both the Federal and Texas regulations, its use in 
proposed TCMR 816.395(b)(1) is not inconsistent with any requirement of 
SMCRA or the Federal regulations.
    At TCMR 816.395(c)(4) and 817.560(c)(4) Texas proposed new 
regulations regarding normal husbandry practices. The corresponding 
Federal requirements at 30 CFR 816.116(c)(4) and 817.116(c)(4) include 
the requirement that discontinuance of the practices after the 
liability period expires will not reduce the probability of 
revegetation success. Texas has not included the part of the 
requirement regarding ``after the liability period expires''. As 
proposed, Texas may only approve normal husbandry practices where 
discontinuance at any time, not only after the liability period 
expires, will not reduce the probability of revegetation success. The 
omission of the phrase ``after the liability period expires'' in the 
Texas regulations does not render them less effective than the Federal 
requirements. The Director finds the proposed Texas regulations at TCMR 
816.395 and 817.560 are no less effective than the corresponding 
Federal requirements at 30 CFR 816.116 and 817.116 and approves them.
28. TCMR 817.522(f), Discharge of Water Into an Underground Mine
    OSM placed a required amendment on the Texas program at 57 FR 37447 
(August 19, 1992) which requires that Texas submit an amendment to the 
requirements at TCMR 817.522(f) to replace the term ``surface mining 
activities'' with ``underground mining activities.'' Texas proposed to 
revise TCMR 817.522(f) to address this requirement. The proposed Texas 
regulation at TCMR 817.522(f) is essentially identical to the 
corresponding Federal requirement at 30 CFR 817.41(h)(i). The Director 
finds that Texas' proposed regulation at TCMR 817.522(f) is no less 
effective than the corresponding Federal requirement at 30 CFR 
817.41(h)(1)(i) and approves it. In addition, the Director is removing 
the required amendment at 30 CFR 943.16(o).
29. TCMR Part 846, Individual Civil Penalties
    (a) TCMR 846.001, Definitions. Texas proposed to adopt definitions 
of ``knowingly'' at subsection .001(1), ``violation, failure, or 
refusal'' at subsection .001(2), and ``willfully'' at subsection 
.001(3). The proposed Texas definitions of ``knowingly'' and 
``willfully'' are substantially the same as the definitions in the 
Federal regulations at 30 CFR 846.5. The proposed definition of 
``violation, failure, or refusal'' uses different language than the 
corresponding Federal definition at 30 CFR 846.5, but the meaning is 
substantially the same. The Federal definition includes ``any order 
issued under section 521 of the Act, or any order incorporated in a 
final decision issued by the Secretary under the Act * * *''. The 
proposed Texas definition includes ``any order issued by the 
Commission, including, but not limited to, * * *'' The Texas definition 
then contains a list of orders that is substantially identical to those 
included under section 521 of SMCRA. The list includes notice of 
violation, failure-to-abate cessation order, imminent harm cessation 
order, order to show cause why a permit should not be suspended or 
revoked, and order in connection with a civil action for relief. 
Additionally, the Federal definition goes on to include an exception 
for ``an order incorporated in a decision issued under section 518(b) 
or section 703 of [SMCRA].'' Texas proposed to except ``an order 
incorporated in a decision issued under Section 134.175 of the Act,'' 
which is the Texas counterpart to SMCRA section 518(b). Texas did not 
propose a counterpart to the Federal exception for orders issued under 
SMCRA section 703 because the Texas program does not include a 
corresponding requirement to that SMCRA section. The Director finds 
that Texas' proposed definitions at TCMR 846.001 are no less effective 
than the corresponding Federal regulations at 30 CFR 846.5 and approves 
them.
    (b) TCMR 846.004, Procedure for Assessment of Individual Civil 
Penalty. Texas proposed to add regulations for

[[Page 14321]]

procedures for assessment of individual civil penalty. With one 
exception, the proposed State regulations are substantially the same as 
the corresponding Federal requirements at 30 CFR 846.17. Texas' 
proposed section 846.004(c) provides, in part, that for the purposes of 
section 846.004: ``service shall be performed on the individual to be 
assessed an individual civil penalty by certified mail, or by any 
alternative means consistent with the rules governing service of a 
summons and complaint under Tex. R. Civ. P. 21a.'' The Federal 
regulation dealing with service on an individual to be assessed an 
individual civil penalty is at 30 CFR 846.17(c). It is essentially 
identical to the State requirement, except it refers to Rule 4 of the 
Federal Rules of Civil Procedure rather than Tex. R. Civ. P. 21a. 
Although Rule 4 differs somewhat from Tex. R. Civ. P. 21a, the 
differences do not present a problem since Rule 4 allows service on an 
individual, with certain exceptions not relevant to this requirement, 
to be effected pursuant to State law. The Director finds that Texas' 
proposed regulations at TCMR 846.004 are no less effective than the 
corresponding Federal regulations at 30 CFR 846.17 and approves them.
    (c) TCMR 846.005, Payment of Penalty. Texas proposed to add 
requirements for payment of an individual civil penalty. With one 
exception, the proposed State regulations at TCMR 846.005 are 
substantially the same as the corresponding Federal requirements at 30 
CFR 846.18. The Federal regulation at 846.18(b) states that a penalty 
shall be due under the circumstances outlined ``upon issuance of a 
final administrative order affirming, increasing, or decreasing the 
proposed penalty.'' Proposed TCMR 846.005(b) states ``the penalty shall 
be due upon issuance of the final order * * * '', it does not specify a 
``final administrative order.'' Under the proposed Texas provision, 
payment is not due until a final order, which may be a judicial order, 
is issued. However, the Texas regulation at TCMR 845.697, under which 
the hearing is requested, requires that an amount equal to the proposed 
penalty be paid into escrow as part of the request. The Federal 
provisions do not require an escrow payment as part of the request for 
a hearing, a penalty is not paid until a final administrative order is 
issued. The fact that the penalty amount is in an escrow account 
instead of in the State's treasury if a judicial appeal is filed does 
not render this requirement less effective than the Federal 
requirements. The Director finds that Texas' proposed regulations at 
TCMR 846.005 are no less effective than the corresponding Federal 
regulations at 30 CFR 846.18 and approves them.
30. TCMR Part 850, Training, Examination, and Certification of Blasters
    (a) TCMR 850.703 and 850.706, Training, Examination. In response to 
a required program amendment at 30 CFR 943.16(p), Texas proposed at 
TCMR 850.703(b)(1)(A) and 850.706(a) to add the terms ``storage'' and 
``transportation'' to the list of topics related to explosives that the 
blaster certification course and examination must cover. The Director 
finds that revised TCMR 850.703(b)(1)(A) and 850.706(a) are no less 
effective than the corresponding Federal regulations at 30 CFR 
850.13(a)(1) and 850.14(a)(1). Therefore, the revised regulations are 
approved, and the required amendment at 30 CFR 943.16(p) is removed.
    (b) TCMR 850.704, Training Courses. In response to a required 
program amendment at 30 CFR 943.16(a), Texas proposed at TCMR 
850.704(b) to add a sentence that would require that blaster 
certification training courses ``* * * must provide and require 
completion of the subjects listed in paragraph (a) of this section.'' 
The Director finds that revised TCMR 850.704(b) is no less effective 
than the corresponding Federal regulation at 30 CFR 850.13(b). 
Therefore, the revised regulation is approved, and the required 
amendment at 30 CFR 943.16(a) is removed.

IV. Summary and Disposition of Comments

Public Comments

    The Director solicited public comments and provided an opportunity 
for a public hearing on the proposed amendment. The Texas Parks and 
Wildlife Department (Administrative Record No. TX-559), Texas Water 
Commission (Administrative Record No. TX-560), Texas Mining and 
Reclamation Association (Administrative Record No. TX-568), Walnut 
Creek Mining Company (Administrative Record No. TX-570), TU Services 
(Administrative Record Nos. TX-569 and TX-607), and Texas Department of 
Health (Administrative Record No. TX-604) commented on the proposed 
amendment. No one requested an opportunity to speak at a public 
hearing, therefore, no hearing was held.
    Following is a summary of the substantive comments received on the 
proposed amendment. Comments identifying errors of a purely 
typographical or editorial nature, and comments voicing general support 
to the proposed amendment but devoid of any specific statements are not 
discussed.
    One commenter suggested that Texas revise TCMR 761.071 (c) and (f), 
and 786.216(e) to add ``publicly owned wildlife management areas or 
scientific areas'' after ``publicly owned park.'' The commenter 
justified the recommended change by stating the regulations, which 
address where mining is prohibited or limited, should include other 
major types of publicly owned areas. Texas' proposed regulations at 
TCMR 761.071(c) and (f), and 786.216(e) are substantially identical to 
the Federal regulations at 30 CFR 761.11 (c) and (f), and 30 CFR 
773.15(c)(11), and, therefore, are not inconsistent with the Federal 
requirements. The appropriateness of the Federal rule is not at issue 
in this rulemaking.
    One commenter responded that proposed TCMR 780.142(d), in following 
the Federal regulations, requires that ``* * * plans and drawings for 
each support structure to be constructed, used, or maintained in the 
proposed permit area * * * be sufficient to demonstrate compliance with 
Section 816.422 for each facility.'' The commenter stated that it 
wished to underscore that Section .422 limits the evaluation of such 
facilities to certain specific and limited determinations, and that 
such evaluations should be possible with project layout plans together 
with baseline information, and should not require detailed 
architectural drawings such as those used in construction. As 
acknowledged by the commenter, proposed TCMR 780.142(d) is 
substantially identical to the Federal regulations at 30 CFR 780.38, 
and, therefore, is not inconsistent with the Federal requirements. In 
addition, TCMR 816.422 is not proposed to be revised by Texas in this 
amendment. In acting on State program amendments, the Director only 
addresses those sections of a State's law and regulations where 
revisions are proposed by a State.
    A commenter expressed a concern with proposed TCMR 780.146(c)(2) 
that, based on the wording ``seasonal quality and quantity, and usage'' 
in Texas' May 20, 1993 submittal of the amendment, the regulation could 
be applied to existing wells which includes landowner wells that are 
often outside the permit area and outside the applicant's area of 
control.
    This section of the Texas regulations address the requirements for 
the probable hydrologic consequences (PHC). Texas proposed in its July 
31, 1996, revised submittal of the amendment to completely modify its

[[Page 14322]]

regulations at 780.146. The wording the commenter expressed concerns 
with is removed. Texas' proposed regulations at TCMR 780.146(d) (1)-
(4), which address the PHC requirements in the revised regulations, are 
substantially identical to the Federal regulations at 30 CFR 780.21(f), 
and, therefore, are not inconsistent with the Federal requirements.
    One commenter expressed the belief that, although proposed 
786.210(a)(3) [redesignated as .210(c)(3) in the July 31, 1996, revised 
amendment] parallels the Federal regulation in that archaeological 
information made confidential includes only public and Indian land, it 
would be appropriate to keep confidential the specific locations of all 
such sites, whether on public, Indian or private lands. As acknowledged 
by the commenter, proposed TCMR 786.210(a)(3) [redesignated .210(c)(3)] 
is substantially identical to the Federal regulations at 30 CFR 
773.13(d)(3)(iii), and, therefore, is not inconsistent with the Federal 
requirements.
    One commenter questioned the intent of the proposed change at TCMR 
786.220(d) from ``permittee'' to ``operator,'' regarding who is 
responsible for paying AML fees. The commenter recommended that the 
Texas proposed rule be amended to read ``permittee or operator'' to 
provide flexibility needed by permittees and operators in the State. As 
acknowledged by the commenter, proposed TCMR 786.220(d) is 
substantially identical to the Federal regulations at 30 CFR 773.17(g), 
and, therefore, is not inconsistent with the Federal requirements.
    Another commenter, in responding to Texas' May 20, 1993, submittal, 
suggested that Texas revise TCMR 816.342 Hydrologic Balance: Steam 
Channel Diversion to be similar to OSM rules, by adding a new part (c) 
that requires permanent diversions or reclaimed stream channels to be 
designed and constructed to restore or approximate the pre-mining 
characteristics of the original stream channel including the natural 
riparian vegetation to promote the recovery and the enhancement of the 
aquatic and stream corridor habitat. In its July 31, 1996, submittal of 
a revised amendment, Texas proposed to remove all of its requirements 
at TCMR 816.341 and .342, and to replace them with a new regulations at 
TCMR 816.341 Hydrologic Balance: Diversions, that are similar to, and 
no less effective than the Federal regulations at 30 CFR 816.43. The 
language recommended by the commenter is contained in revised TCMR 
816.341(a)(3).
    A commenter requested that the proposed language at TCMR 816.344(a) 
be revised by taking the language from the Federal regulations at 30 
CFR 816.46 (a)(1)-(a)(2)(ii) and replacing the proposed Texas language 
to better define areas that are not considered disturbed areas. In its 
July 31, 1996, revised amendment, Texas proposed to remove all of its 
requirements at TCMR 816.344 and to replace them with new regulations 
that are similar to and no less effective than the Federal regulations 
at 30 CFR 816.46. The language recommended by the commenter is 
contained in revised TCMR 816.344(a).
    One commenter responded to proposed revisions to TCMR 816.355(c) by 
stating the expansion of the required notification (for pre-blast 
surveys) to include the area \1/2\ mile from the permit boundary rather 
than the current Texas requirement of \1/2\ mile from the blasting area 
unnecessarily penalizes Texas mining which is characterized by large 
permit areas compared to mines in other parts of the United States. The 
commenter went on to state that the reason for the regulation is 
safety, and safety is based on distance from the event--not from the 
permit boundary. Texas' proposed regulation at TCMR 816.355(c) is 
substantially identical to the Federal regulations at 30 CFR 816.62(a), 
and, therefore, is not inconsistent with the Federal requirements. The 
appropriations of the Federal rule is not at issue in this rulemaking.
    Another commenter suggested that the language of TCMR 816.395(a) 
does not allow for demonstrations or the development of technical 
procedures that may be more representative of the revegetated areas and 
existing physical conditions of the areas. The comment contained 
specific recommended changes. This section contains general 
revegetation success requirements; it does not prohibit development of 
technical procedures that may be more representative of the revegetated 
area as suggested by the commenter. Proposed TCMR 816.395 is 
substantially identical to the Federal regulations at 30 CFR 
816.116(a), and, therefore, is not inconsistent with the Federal 
requirements.
    Two commenters expressed concerns with proposed TCMR 
816.395(b)(3)(i). One commenter believes the requirement for approval 
by other agencies will create overlapping jurisdiction and will make 
the regulatory process less efficient and certain, and that dual agency 
authority may cloud the technical issues and result in the removal of 
flexibility to use sound agronomic practices based on site specific 
conditions. The commenter requested that the ``approval by'' the State 
agencies responsible for the administration of forestry and wildlife 
programs be removed from the language. The second commenter stated that 
consultation with these agencies is adequate to provide the regulatory 
authority with the information required to make an informed decision on 
adequacy of the proposed revegetation (stocking) plans; and this is 
further supported by the high level of expertise maintained by the 
regulatory authority's technical staff. This commenter added that 
providing authority to approval to part of the application effectively 
places certain aspects of a revegetation into a group which has little 
knowledge of SMCRA and the surface mining and reclamation industry, and 
that it is entirely possible that revegetation plans would become 
research tools for these outside agencies and eventually interfere with 
postmine land uses in agriculture regions. Texas' proposed regulation 
at TCMR 816.395(b)(3)(i) is substantially identical to the Federal 
regulation at 30 CFR 816.116(b)(3)(i), and, therefore, is not 
inconsistent with the Federal requirements. Additionally, the 
appropriateness of the Federal rule is not at issue in this rulemaking.
    One commenter expressed a concern that proposed 816.395(b)(3)(ii) 
is subject to improper interpretation. The commenter indicated that if 
the interpretation results in trees having to be in place for two years 
prior to initiating the 5-year period of extended responsibility, 
significant delays will occur in placing land into the 5-year period; 
and this will delay the return of land to landowners, increase the 
operator's cost of revegetation and maintenance of reclaimed lands, and 
extend the financial commitments for the operator's bonds. The 
commenter added that the two year requirement serves no practical 
purpose since the regulations require that 80% of the trees have to 
have been in place for 60% of the minimum responsibility period; and 
then recommended a change to eliminate the problems with 
interpretation. Texas' proposed regulation at TCMR 816.395(b)(3)(ii) is 
substantially identical to the Federal regulation at 30 CFR 
816.116(b)(3)(ii), and, therefore, is not inconsistent with the Federal 
requirements. In addition, the commenter's concern is misplaced in that 
TCMR 816.395(b) addresses standards for success, which is the success 
of the vegetation for bond

[[Page 14323]]

release; it does not address the establishment of vegetation standard 
that must be met to initiate the extended responsibility period.
    Comments were submitted regarding several proposed regulation 
changes that were subsequently withdrawn from the amendment by Texas. 
Specifically, two commenters responded to the May 20, 1993, submittal 
of the amendment with comments regarding TCMR 701.008(71), definition 
of road; TCMR 780.154 (a), (a)(5), and (a)(6), transportation 
facilities application requirements; TCMR 816.395--Appendix A, 
Revegetation Success Standards and Statistically Valid Sampling 
Techniques; and TCMR 816.401, .412(b), and .419(a), roads performance 
standards. On January 29, 1996, Texas withdrew the proposed regulation 
changes regarding roads and transportation from this amendment 
(Administrative Record No. TX-610). Texas submitted a separate 
amendment that dealt specifically with roads and transportation 
requirements (Administrative Record No. TX-610), which the Director 
approved in the April 8, 1996, Federal Register (61 FR 15380). On July 
31, 1996, Texas withdrew its proposed guidance document on revegetation 
success standards and sampling techniques, and committed to resubmit a 
separate amendment dealing with this specific topic (Administrative 
Record No. TX-621).
    Several commenters responded with comments regarding regulations 
that were not proposed to be revised in this amendment. Comments were 
submitted regarding TCMR 701.008(44) (b), (c), and (h), definitions of 
pastureland, grazingland, and fish and wildlife habitat; TCMR 
779.136(i) and 784.182(i), surface and underground mine-general map 
requirements; TCMR 790.151(a) and 784.191(a) surface and underground 
mine-protection of public parks and historic places; TCMR 780.144(a) 
and 784.195(a), surface and underground mine-fish and wildlife plan; 
TCMR 780.148(a), surface mine-ponds, impoundments, banks, dams, and 
embankments; TCMR 800.301 (b) and (b)(1)(B), incremental bonding; TCMR 
816.334(f) and 817.505(f), surface and underground mine-general topsoil 
performance standards; TCMR 816.363(g) and 817.531(g), surface and 
underground mine-general excess spoil performance standards; TCMR 
816.380 (a), (b), (d), (e)(4), (e)(5), (e)(8), and 817.547 (a), (b), 
(d), (e)(4), (e)(5), (e)(8), surface and underground mine-fish and 
wildlife performance standards; and TCMR 816.384(a) (3) and (4), 
surface mine-general backfilling and grading performance standards. In 
acting on State program amendments, the Director only addresses those 
sections of a State's law and regulations where revisions are proposed 
by a State. All comments received by OSM on this amendment, regardless 
of whether they addressed regulations proposed to be revised, have been 
sent to Texas.

Federal Agency Comments

    Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited 
comments on the proposed amendment from various Federal agencies with 
an actual or potential interest in the Texas program. Comments were 
requested regarding Texas' original May 13, 1993 submittal, and its 
September 18, 1995, and July 31, 1996, revised submittals of the 
proposed amendment.
    The National Park Service (NPS) responded on June 14, 1993, that it 
is pleased to note the TCMR 761.072(b)(2) will require that the NPS be 
notified of requests for determinations of valid existing rights within 
NPS boundaries. The NPS also recommended that the regulation be further 
amended to include notifying the NPS when determinations of valid 
existing rights would occur in the vicinity of NPS units (i.e., when 
NPS units are in the proposed mine's area of environmental impact). 
(Administrative Record No. TX-554). Texas' proposed regulation at TCMR 
761.072(b)(2) is substantially identical to the Federal regulations at 
30 CFR 761.12(b)(2), and, therefore is not inconsistent with the 
Federal requirements. The appropriateness of the Federal rule is not at 
issue in this rulemaking.
    The Bureau of Mines responded on June 21, 1993, that it had no 
comments (Administrative Record No. TX-557).
    The Soil Conservation Service (Natural Resources Conservation 
Service) responded on June 22, 1993, and October 17, 1995, that it did 
not have any negative comments or suggestions for improvement regarding 
the proposed rule changes (Administrative Record Nos. TX-555 and TX-
602).
    The Fish and Wildlife Service (FWS) responded on June 28, 1993, 
with three specific comments and two concerns, in addition to providing 
support to the Texas Parks and Wildlife Department's comments 
(Administrative Record No. TX-558). The FWS commented that additional 
wording should be added to the proposed amendment at TCMR 816.342 
regarding reclamation of permanent diversions and restored stream 
channels in order to be compatible with 30 CFR 816.43(a)(3) of the 
Federal regulations. Texas revised its proposed amendment at TCMR 
816.341 and 816.342 to be essentially identical to the Federal 
requirements at 30 CFR 816.43(a)(3).
    The FWS commented that subparts (e)(4) and (e)(5) of TCMR 816.380 
should be modified to comply with the sequential mitigation requirement 
identified in its counterpart federal rule at 30 CFR 816.97(e)(4)(f). 
The FWS' third comment was a recommendation that Texas revise its 
underground permit requirements at TCMR 817.547 to be similar to its 
surface mining requirements at 816.380 for consistency. One concern 
noted by the FWS addressed what it contends are restrictive 
requirements in TCMR 816.334 and 816.363 dealing with topsoil removal 
and spoil disposal. The FWS' second concern is its stated frustration 
with the apparent disregard of the fish and wildlife values inherent in 
land use categories such as grazingland, forest land, and undeveloped 
land, and the lack of mitigation of these resource values during the 
reclamation phase of a mine project. It also states that a clear and 
significant long-term impact to wildlife habitat has occurred, but 
technically there has been no land use change. The FWS recommends that 
what it considers a loophole in the land use regulations needs to be 
addressed in future amendments. Texas does not propose any changes in 
this amendment to the previously approved requirements at TCMR 816.380 
(e)(4), (e)(5), 817.547, or the land use definitions. In acting on 
State program amendments, the Director only addresses those sections of 
a State's law and regulations where revisions are proposed by a State. 
All comments received by OSM on this amendment, regardless of whether 
they addressed regulations proposed to be revised, have been sent to 
Texas.
    The U.S. Army Corps of Engineers, Engineering Division (COE) 
responded on July 12, 1993, October 10, 1995, and August 28, 1996 
(Administrative Record Nos. TX-561, TX-599, and TX-627). In its July 
12, 1993, and August 28, 1996, responses the COE indicated that it had 
no comments, and that it found the changes to be satisfactory, 
respectively. The COE recommended in its October 10, 1995, response 
that dams and water control structures be added to the list of 
facilities in TCMR 816.360(a)(2)(A) and 817.528(a)(2)(A) [the COE 
comments incorrectly cited 81.526] where blasting will not be conducted 
within 1,000 feet. The COE stated that while these facilities are 
designed with factors of safety, the designs generally do not consider 
blasting in close proximity to the structure. As discussed at Finding

[[Page 14324]]

III.C.25(b), Texas' proposed regulations at TCMR 816.360(a)(2)(A) and 
817.526(a)(2)(A) contain the same requirements as and are no less 
effective than the Federal regulations at 30 CFR 761.12(b)(2). 
Additionally, the appropriateness of the Federal rule is not at issue 
in this rulemaking.
    The Bureau of Land Management (BLM) responded on October 13, 1995, 
with seven comments (Administrative Record No. TX-601). The BLM 
expressed a concern that by deleting the text in TCMR 700.002(b)(4) 
regarding coal exploration, the recovery of royalty for coal removed by 
exploration may be forgone. Although Texas proposed to remove the 
reference to coal exploration from 700.002(b)(4), it is adding a 
specific and more detailed reference to coal exploration activities on 
Federal lands at 700.002(b)(5). The net effect is no change in the 
requirements of 700.002(b) regarding coal exploration activities.
    The BLM suggests that TCMR 709.030(a)(2) needs to state that coal 
recovered as specified is still subject to royalty, and such removal 
should be subject to administrative approval or denial. Section 709.030 
addresses exemptions for coal extraction incidental to the extraction 
of other minerals. SMCRA and the Texas program do not contain any 
authority to address royalty issues. Proposed TCMR 709.27 (e) and (f), 
and 709.033(c) contain requirements for approval or denial of requested 
exemptions, and for administrative review of those decisions.
    At TCMR 705.010(a)(3), the BLM suggests that ``* * * which may 
include legal measures * * *'' be added to replace ``* * * by 
initiating appropriate legal action * * *'', which is language proposed 
to be deleted. At TCMR 761.072(b)(2), the BLM recommends that any 
Government agencies with jurisdiction over said lands and any 
Government agencies with adjacent land that may be impacted by such 
determinations should be notified of requests for valid existing 
rights. At TCMR 779.126(d), the BLM recommends that, after citing ``* * 
* the 15th edition of Standard Methods for the Examination of Water and 
Wastewater' * * *'' Texas may wish to add ``* * * or its successor 
editions * * *'' Lastly, at TCMR 816.348(b), the BLM recommends that 
this requirement should cross reference to 817.510 where groundwater 
degradation limits should be discussed. The regulations at TCMR 
705.010(a)(3), 761.072(b)(2), 779.126(d), and 816.348(b), as proposed 
by Texas, are substantially identical to the counterpart Federal 
requirements at 30 CFR 705.4(a)(3), 761.12(b)(2), 780.21(a), and 
816.41(b), and, therefore, are not inconsistent with the Federal 
requirements.

Environmental Protection Agency (EPA)

    None of the revisions that Texas proposed to make in this amendment 
pertain to revising its air or water quality standards. Therefore, OSM 
did not request EPA's concurrence.
    Pursuant to 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendment from EPA (Administrative Record Nos. TX-551.03, TX-
598.01, and TX-623). EPA responded on October 19, 1995, with two 
comments (Administrative Record No. TX-603). It recommended that the 
surface water information requirements at TCMR 779.129(a) and 
783.175(a) include ``Basin names, Segment Nos. and uses in accordance 
with Texas Surface Water Quality Standards, 30 TAC Sections 307.2-
307.10., (latest edition).'' In its July 31, 1996, revised amendment, 
Texas changed its proposed regulations at 779.129(a) and 783.175(a) to 
be substantially identical to the corresponding Federal regulations at 
30 CFR 780.21(b)(2) and 784.14(b)(2). The proposed Texas regulations 
require that the surface water information include ``* * * the name, 
location ownership and description of all surface water bodies such as 
streams, lakes, ponds, impoundments, and springs * * * and information 
on surface water quantity and quality sufficient to demonstrate 
seasonal variation and water usage.'' EPA's second comment consisted of 
a suggestion that ``[TCMR] 817.510 should be more correctly retitled 
only as Effluent Limitations and Conditions.''
    Texas' title for this section of Hydrologic Balance: Water Quality 
Standards and Effluent Limitations is the same title used in the 
corresponding Federal regulation at 30 CFR 817.42. Also, the proposed 
Texas regulation at TCMR 817.510 supports the section title in 
requiring that water discharges ``* * * shall be made in compliance 
with all applicable State and Federal water quality laws and 
regulations and with the effluent limitations for coal mining * * *''

State Historical Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP)

    Pursuant to 30 CFR 732.17(h)(4), OSM is required to solicit 
comments on proposed amendments which may have an effect on historic 
properties from the SHPO and ACHP. OSM solicited comments on the 
proposed amendment from the SHPO and ACHP (Administrative Record Nos. 
TX-551.02, TX-598.01, and TX-624). The SHPO responded on June 9, 1993, 
October 9, 1995, and August 16, 1996 (Administrative Record Nos. TX-
553, TX-600, and TX-626). In its letters dated June 9, 1993, and August 
16, 1996, it concurred with the proposal and stated that the project 
would have no effect on National Register-eligible or listed properties 
or State Archaeological Landmarks. In its October 9, 1995, letter, it 
requested clarification of whether mining activities exempted under the 
provisions of TCMR 709.030-709.034, the exemption for coal extraction 
incidental to the extraction of other minerals, would be considered by 
OSM to be undertakings under Section 106 of the National Historic 
Preservation Act (NHPA). Because there is no SMCRA jurisdiction on 
sites which the activities are exempted, neither OSM or the ACHP 
consider these exempted activities to be Federal undertakings pursuant 
to the NHPA.

V. Director's Decision

    Based on the above findings, the Director approves the proposed 
amendment as submitted by Texas on May 13, 1993, and as revised and/or 
supplemented with explanatory information on September 18, 1995, 
December 15, 1995, March 1, 1996, July 31, 1996, September 12, 1996, 
December 31, 1996, and February 4, 1997.
    The Federal regulations at 30 CFR Part 943, codifying decisions 
concerning the Texas program, are being amended to implement this 
decision. This final rule is being made effective immediately to 
expedite the State program amendment process and to encourage States to 
bring their programs into conformity with the Federal standards without 
undue delay. Consistency of State and Federal standards is required by 
SMCRA.

Effect of Director's Decision

    Section 503 of SMCRA provides that a State may not exercise 
jurisdiction under SMCRA unless the State program is approved by the 
Secretary. Similarly, 30 CFR 732.17(a) requires that any alteration of 
an approved State program be submitted to OSM for review as a program 
amendment. The Federal regulations at 30 CFR 732.17(g) prohibit any 
unilateral changes to approved State programs. In the oversight of the 
Texas program, the Director will recognize only the statutes, 
regulations and other materials approved by OSM, together with any 
consistent implementing policies, directives and other materials, and 
will require the enforcement by Texas of only such provisions.

[[Page 14325]]

VI. 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 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.

National Environmental Policy Act

    No environmental impact statement is required for this rule since 
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 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 
corresponding 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 corresponding Federal regulations.

Unfunded Mandates

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 943

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: February 27, 1997.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.

    For the reasons set out in the preamble, Title 30, Chapter VII, 
Subchapter T of the Code of Federal Regulations is amended as set forth 
below:

PART 943--TEXAS

    1. The authority citation for Part 943 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    2. Section 943.15 is amended in the table by adding a new entry in 
chronological order by ``Date of Final Publication'' to read as 
follows:


Sec. 943.15  Approval of regulatory program amendments.

* * * * *

----------------------------------------------------------------------------------------------------------------
   Original amendment submission date           Date of final publication              Citation/description     
----------------------------------------------------------------------------------------------------------------
                                                                                                                
     *                   *                   *                     *                   *                   *    
                                                            *                                                   
May 13, 1993...........................  March 16, 1997.........................  TCMR 700.002(b)(4), (5), (f); 
                                                                                   .003(1), (3); 701.008(4),    
                                                                                   (5), (9), (10, (18), (19),   
                                                                                   21), (24), (25), (26), (34), 
                                                                                   (41), (55), (67), (68), (69),
                                                                                   (70), (76), (82), (84), (95),
                                                                                   (102), (107); 705.010(a)(3), 
                                                                                   (c); .011(2), (3), (5), (9); 
                                                                                   .013(a); .014; .015(a);      
                                                                                   .016(a); 707.022; 709.025;   
                                                                                   .026; .027; .028; .029; .030;
                                                                                   .031; .032; .033, .034;      
                                                                                   760.069; .070(5), (6), (7),  
                                                                                   (9), (11); 761.071 (a)       
                                                                                   through (e); .072 (a) through
                                                                                   (h); .073; 762.074(3), (4),  
                                                                                   (5); .075(a), (b); .076(a);  
                                                                                   .077; 764.078; .079(a), (b), 
                                                                                   (c); .080(a)(1), (2), (4)    
                                                                                   through (7), (b), (c), (d);  
                                                                                   .081(a), (b); .082(a)(3),    
                                                                                   (b), (c), (d); .083(a), (b); 
                                                                                   .084(a), (b); .085(b);       
                                                                                   770.101; 776.111(a)(e)(E);   
                                                                                   779.126(d); .127(a), (b),    
                                                                                   (c); .128(a), (3), (4), (b); 
                                                                                   .129, (a), (b), (1), (3);    
                                                                                   780.141(g), (h); .142(b)(11),
                                                                                   (c), (d), .146 (a) through   
                                                                                   (e); .148(a)(3)(i), (c)(1),  
                                                                                   (2), (3); 783.172(d); .173   
                                                                                   (a) through (e); .174(a),    
                                                                                   (3), (4), (b); .175, (a),    
                                                                                   (b), (1), (3); 784.188 (a)   
                                                                                   through (f); .190 (a)(3)(i), 
                                                                                   (c)(1), (2), (3); .197(c),   
                                                                                   (d); 785.201(b), (c), (d)(2);
                                                                                   .202(b)(1)(i), (2), (3);     
                                                                                   786.210 (a) through (e);     
                                                                                   .216(c), (e); .220(d);       
                                                                                   800.301(b)(2); .311(d);      
                                                                                   807.312(a), (b), (c);        
                                                                                   .313(a)(2); 815.327(a);      
                                                                                   .328(a), (b); 816.330(f);    
                                                                                   .340; .341; .342; .344; .347;
                                                                                   .348; .349; .350; .355;      
                                                                                   .357(a), (c), (d); .358 (a)  
                                                                                   through (d); .360(a)(2), (A),
                                                                                   (B), (f)(1)(A), (g)(2),      
                                                                                   (h)(1), (2), (3), (i);       
                                                                                   .362(d); .376 (a) through    
                                                                                   (d), .377, .378(a), (c);     
                                                                                   .380(e)(10); .385(b)(3);     
                                                                                   .390; .395; .396; 817.500(f);
                                                                                   .509(a); .510; .511; .512;   
                                                                                   .514; .517; .519; .522(f);   
                                                                                   .524; .526(b), (c), (d); .527
                                                                                   (a) through (d); .528 (a)    
                                                                                   through (i); .529; .530, (c),
                                                                                   (d), (e), (g), (j), (s), (t);
                                                                                   .535(c); .538(c)(3); .543 (a)
                                                                                   through (d); .544; .545(a),  
                                                                                   (c); .547(e)(10); .552(b)(3);
                                                                                   .555; .560; .561; 823.620(a),
                                                                                   (b), (c); .621(a)(1), (2),   
                                                                                   (3), (b); .622(a), (b), (c); 
                                                                                   .623; .624 (a) through (g);  
                                                                                   .625(a), (b); 843.681(c), (f)
                                                                                   through (j); .682(a)(1);     
                                                                                   .695(b)(1); 846.001; .002;   
                                                                                   .003; .004; .005;            
                                                                                   850.703(b)(1)(A); .704(b);   
                                                                                   .706(a).                     
----------------------------------------------------------------------------------------------------------------


[[Page 14326]]

Sec. 943.16  [Amended]

    3. Section 943.16 is amended by removing paragraphs (k), (l), (m), 
(n), (o), (p), and (q).

[FR Doc. 97-7533 Filed 3-25-97; 8:45 am]
BILLING CODE 4310-05-M