[Federal Register Volume 63, Number 82 (Wednesday, April 29, 1998)]
[Proposed Rules]
[Pages 23407-23408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11282]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 943

[SPATS No. TX-035-FOR]


Texas Regulatory Program

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

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

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SUMMARY: OSM is announcing receipt of revisions pertaining to a 
previously 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). The revisions for 
Texas' proposed regulations pertain to terms and conditions of the 
bond, release of performance bond, backfilling and grading, and prime 
farmland.
    The amendment is intended to revise the Texas program to be 
consistent with the corresponding Federal regulations.

DATES: Written comments must be received by 4:00 p.m., c.d.t., May 14, 
1998.

ADDRESSES: Written comments should be mailed or hand delivered to 
Michael C. Wolfrom, Director, Tulsa Field Office at the address listed 
below.

    Copies of the Texas program, the proposed amendment, and all 
written comments received in response to this document will be 
available for public review at the addresses listed below during normal 
business hours, Monday through Friday, excluding holidays. Each 
requester may receive one free copy of the proposed amendment by 
contacting OSM's Tulsa Field Office.

Michael C. Wolfrom, Director, Tulsa Field Office, Office of Surface 
Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470, 
Tulsa, Oklahoma 74135-6547, Telephone: (918) 581-6430.
Surface Mining and Reclamation Division, Railroad Commission of Texas, 
1701 North Congress Avenue, P.O. Box 12967, Austin, Texas 78711-2967, 
Telephone: (512) 463-6900.

FOR FURTHER INFORMATION CONTACT:
Michael C. Wolfrom, Director, Tulsa Field Office, Telephone: (918) 581-
6430.

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

I. Background on the Texas Program

    On February 16, 1980, The Secretary of the Interior conditionally 
approved the Texas program. General background information on the Texas 
program, including the Secretary's findings, the disposition of 
comments, and the conditions of approval can be found in the February 
27, 1980, Federal Register (45 FR 12998). Subsequent actions concerning 
the Texas program can be found at 30 CFR 943.10, 943.15, and 943.16.

II. Discussion of the Proposed Amendment

    By letter dated December 1, 1997 (Administrative Record No. TX-
644), Texas submitted a proposed amendment to its program pursuant to 
SMCRA. Texas submitted the proposed amendment in response to a June 17, 
1997, letter (Administrative Record No. 640) that OSM sent to Texas in 
accordance with 30 CFR 732.17(c). Texas proposed to amend Chapter 12 of 
the Texas Administrative Code (TAC).
    OSM announced receipt of the proposed amendment in the December 29, 
1997, Federal Register (62 FR 67598) and invited public comment on its 
adequacy. The public comment period ended January 28, 1998.
    During its review of the amendment, OSM identified concerns 
relating to release of performance bond and backfilling and grading. 
OSM notified Texas of the concerns by letter dated February 12, 1998 
(Administrative Record No. TX-644.06). Texas responded in a letter 
dated March 6, 1998 (Administrative Record No. TX-644.07), by 
submitting the following revisions to its proposed amendment:
    1. Sec. 12.309, Terms and Conditions of the Bond. Texas proposed 
the following new provision at Sec. 12.309(1):

    Persons with an interest in collateral posted as a bond, and who 
desire notification of actions pursuant to the bond, shall request 
the notification in writing to the Commission at the time collateral 
is offered.

    2. Sec. 12.312, Procedure for Seeking Release of Performance Bond. 
at Sec. 12.312(b)(2), Texas proposed to replace citation references to 
``Sec. 12.313(c)'' with citation references to ``Sec. 12.313(d).''
    3. Sec. 12.387, Backfilling and Grading--This Overburden. Texas 
revised its proposal at Sec. 12.387(2) to require the permittee to meet 
the requirements of Secs. 12.385 and 12.386 (relating to Backfilling 
and Grading: General Requirements, and to Backfilling and Grading: 
Covering Coal and Acid- and Toxic-Forming Materials). Texas previously 
proposed only to require the permittee to meet the requirements of 
Sec. 12.385.
    4. Sec. 12.388, Backfilling and Grading--Thick Overburden. Texas 
revised its proposal at Sec. 12.388(2) to require the permittee to meet 
the requirements of Secs. 12.385 and 12.386 (relating to Backfilling 
and Grading: General Requirements, and to Backfilling and Grading: 
Covering Coal and Acid-and Toxic-Forming Materials). Texas previously 
proposed only to require the permittee to meet the requirements of 
Sec. 12.385.
    5. 12.620, Prime Farmland--Applicability and Special Requirements. 
Texas withdrew the previously proposed revisions to this section of its 
regulations.

III. Public Comment Procedures

    OSM is reopening the comment period on the proposed Texas program 
amendment to provide the public an opportunity to reconsider the 
adequacy of the proposed amendment in light of the additional materials 
submitted. In accordance with the provisions of 30 CFR 732.17(h), OSM 
is seeking comments on whether the proposed amendment satisfies the 
applicable program approval criteria of 30 CFR 732.15. If the amendment 
is deemed adequate, it will become part of the Texas program.

Written Comments

    Written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under DATES or at locations other than the Tulsa Field Office will not 
necessarily be considered in the final rulemaking or included in the 
Administrative Record.

[[Page 23408]]

IV. Procedural Determinations

Executive Order 12866

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

Executive Order 12988

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 (Civil Justice Reform) and has 
determined that, to the extent allowed by law, this rule meets the 
applicable standards of subsections (a) and (b) of that section. 
However, these standards are not applicable to the actual language of 
State regulatory programs and program amendments since each such 
program is drafted and promulgated by a specific State, not by OSM. 
Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and 30 
CFR 730.11, 732./15, and 732.17(h)(10), decisions on proposed State 
regulatory programs and program amendments submitted by the States must 
be based solely on a determination of whether the submittal is 
consistent with SMCRA and its implementing Federal regulations and 
whether the other requirements of 30 CFR Parts 730, 731, and 732 have 
been met.

National Environmental Policy Act

    No environmental impact statement is required for this rule since 
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency 
decisions on proposed State regulatory program provisions do not 
constitute major Federal actions within the meaning of section 
102(2)(C) of the National Environmental Policy Act (42 U.S.C. 
4332(2)(C)).

Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 
3507 et seq.).

Regulatory Flexibility Act

    The Department of the Interior has determined that this rule will 
not have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
The State submittal which is the subject of this rule is based upon 
counterpart Federal regulations for which an economic analysis was 
prepared and certification made that such regulations would not have a 
significant economic effect upon a substantial number of small 
entities. Accordingly, this rule will ensure that existing requirements 
previously promulgated by OSM will be implemented by the State. In 
making the determination as to whether this rule would have a 
significant economic impact, the Department relied upon the data and 
assumptions for the counterpart Federal regulations.

Unfunded Mandates

    OSM has determined and certifies pursuant to the Unfunded Mandates 
Reform Act (2 U.S.C. 1502 et seq.) that this rule will not impose a 
cost of $100 million or more in any given year on local, state, or 
tribal governments or private entities.

List of Subjects in 30 CFR Part 943

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: April 20, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 98-11282 Filed 4-28-98; 8:45 am]
BILLING CODE 4310-05-M