This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

51689 

Vol. 70, No. 168 

Wednesday, August 31, 2005 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 943 

[Docket No. TX–052–FOR] 

Texas Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Proposed rule; withdrawal of 

proposed amendment. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSM), are announcing the withdrawal 

of an amendment to the Texas 

regulatory program (Texas program) 

under the Surface Mining Control and 

Reclamation Act of 1977 (SMCRA or the 

Act). Texas proposed to add a new 

policy document to its program that 

describes mine permit implementation 

actions that would not, in the opinion 

of the Railroad Commission of Texas 

(Commission), be considered permit 

revisions and as such would not be 

subject to Commission review and 

approval. Texas intended to revise its 

program to improve operational 

efficiency. Texas is withdrawing the 

amendment at its own initiative. 

DATES: This withdrawal is made on 

August 31, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Michael C. Wolfrom, Director, Tulsa 

Field Office. Telephone: (918) 581– 

6430. E-mail: mwolfrom@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Texas Program 

II. Submission of the Proposed Amendment 

I. Background on the Texas Program 

Section 503(a) of the Act permits a 

State to assume primacy for the 

regulation of surface coal mining and 

reclamation operations on non-Federal 

and non-Indian lands within its borders 

by demonstrating that its program 

includes, among other things, ‘‘a State 

law which provides for the regulation of 

surface coal mining and reclamation 

operations in accordance with the 

requirements of this Act * * *; and 

rules and regulations consistent with 

regulations issued by the Secretary 

pursuant to this Act.’’ See 30 U.S.C. 

1253(a)(1) and (7). On the basis of these 

criteria, the Secretary of the Interior 

conditionally approved the Texas 

program effective February 16, 1980. 

You can find background information 

on the Texas program, including the 

Secretary’s findings, the disposition of 

comments, and the conditions of 

approval of the Texas program in the 

February 27, 1980, Federal Register (45 

FR 12998). You can also find later 

actions concerning the Texas program 

and program amendments at 30 CFR 

943.10, 943.15 and 943.16. 

II. Submission of the Proposed 

Amendment 

By letter dated December 23, 2003 

(Administrative Record No. TX–657), 

Texas sent us an amendment to its 

program under SMCRA (30 U.S.C. 1201 

et seq.). Texas sent the amendment at its 

own initiative. Texas proposed to add a 

new policy document to its program 

that describes mine permit 

implementation actions that would not, 

in the opinion of the Commission, be 

considered permit revisions and as such 

would not be subject to Commission 

review and approval. If approved, the 

implementation of this policy would 

impact the way current mine permit 

applications are prepared and how 

revisions are processed. We announced 

receipt of the proposed amendment in 

the February 9, 2004, Federal Register 

(69 FR 5942). In the same document, we 

opened the public comment period and 

provided an opportunity for a public 

hearing or meeting on the amendments 

adequacy. We held a public meeting in 

Mount Pleasant, Texas, on March 11, 

2004, and entered a summary of this 

meeting into the administrative record 

(Administrative Record No. TX–657.14). 

The public comment period ended on 

March 10, 2004. We received comments 

from one industry group and one private 

citizen. 

During our review of the amendment, 

we identified concerns regarding 

incomplete permit renewal applications 

and the revision of these permits 

without regulatory authority review and 

approval. We notified Texas of these 

concerns by fax dated April 19, 2004, 

(Administrative Record No. TX–657.15). 

In a letter dated July 12, 2005, 

(Administrative Record No. TX–657.17), 

Texas notified us that it was 

withdrawing the proposed amendment. 

Because the proposed amendment is not 

necessary to make the State’s program 

consistent with SMCRA, we accepted 

the withdrawal. Therefore, the proposed 

amendment announced in the February 

9, 2004, Federal Register is withdrawn. 

List of Subjects in 30 CFR Part 943 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: August 17, 2005. 

Ervin J. Barchenger, 

Acting Regional Director, Mid-Continent 

Region. 

[FR Doc. 05–17336 Filed 8–30–05; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 943 

[Docket No. TX–054–FOR] 

Texas Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Proposed rule; public comment 

period and opportunity for public 

hearing on proposed amendment. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSM), are announcing receipt of a 

proposed amendment to the Texas 

regulatory program (Texas program) 

under the Surface Mining Control and 

Reclamation Act of 1977 (SMCRA or the 

Act). Texas proposes to revise its fish 

and wildlife habitat revegetation 

guidelines by adding technical 

standards for reclaiming mined land to 

habitat suitable for bobwhite quail and 

other grassland bird species and by 

making associated changes to existing 

guidelines. Texas intends to revise its 

program to encourage reclamation 

practices that are suitable for grassland 

bird species. 

This document gives the times and 

locations that the Texas program and 

proposed amendment to that program 

are available for your inspection, the 

comment period during which you may 

submit written comments on the