30804 Federal Register / Vol. 61, No. 118 / Tuesday, June 18, 1996 / Rules and Regulations

1See, Open Access Same-time Information

System and Standards of Conduct, Order No. 889,

FERC Stats. & Regs. ¶ 31,037, 61 FR 21737 (May

10, 1996).

(Lat. 64°29′06′′N, long. 165°15′11′′W)

That airspace extending upward from 700

feet above the surface within a 6.6-mile

radius of the Nome Airport and within 14

miles of the Nome VORTAC extending

clockwise from the 002° radial to the 185°

radial of the VORTAC and within 20 miles

of the Nome VORTAC extending clockwise

from the 185° radial to the 305° radial of the

VORTAC and within 4 miles north and 8

miles south of the 106° radial of the Nome

VORTAC extending from the VORTAC to 16

miles east and within 4 miles north and 8

miles south of the Nome VORTAC 271°

radial extending from the 6.6-miles radius to

27 miles west of the VORTAC; and that

airspace extending upward from 1,200 feet

above the surface within a 39-mile radius of

the Nome VORTAC and within 39 miles each

side of the Nome VORTAC 092° radial

extending from the 39-mile radius to 77.4

miles east of the VORTAC; excluding that

airspace more than 12 miles from the

shoreline .

* * * * *

AAL AK E5 Unalakleet, AK [Revised]

Unalakleet Airport, AK

(Lat. 63°53′17′′N, long. 160°47′55′′W)

Unalakleet VORTAC

(Lat. 63°53′31′′N, long. 160°41′04′′W)

Unalakleet Localizer

(Lat. 63°52′52′′N, long. 160°47′42′′W)

That airspace extending upward from 700

feet above the surface within a 6.7-mile

radius of the Unalakleet Airport and within

2 miles each side of the 289° radial of the

Unalakleet VORTAC extending from the 6.7-

mile radius to 14.1 miles west of the

VORTAC and within 3 miles east and 3 miles

west of the Unalakleet Localizer front course

extending from the 6.7-mile radius to 12.9

miles north of the airport; and that airspace

extending upward from 1,200 feet above the

surface within a 20-mile radius of the

Unalakleet VORTAC extending clockwise

from the 165° radial to the 322° radial and

within 4 miles east and 8 miles west of the

Unalakleet Localizer front course extending

from the Localizer to 21.7 miles north of the

airport and within 4 miles north and 8 miles

south of the Unalakleet VORTAC 289° radial

extending from 11 miles west of the VORTAC

to 27 miles west of the VORTAC; excluding

that airspace more than 12 miles from the

shoreline.

* * * * *

Issued in Anchorage, AK, on May 29, 1996.

Trent Cummings,

Acting Manager, Air Traffic Division, Alaskan

Region.

[FR Doc. 96–15416 Filed 6–17–96; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

18 CFR Part 37

[Docket No. RM95–9–000]

Open Access Same-Time Information

System

June 11, 1996.

AGENCY: Federal Energy Regulatory

Commission, Energy.

ACTION: Final rule; cancellation of

technical conference and provision for

filing of comments.

SUMMARY: The Federal Energy

Regulatory Commission (Commission)

had previously announced that it would

hold a technical conference on June 17,

1996 1 following the submission of an

additional report from the How Group

correcting any deficiencies in the

standards and protocols document

issued with the final rule in this

proceeding. This notice cancels the

technical conference and allows

comments on the report filed with the

Commission on June 7, 1996.

DATES: Comments on the report must be

received by July 8, 1996.

ADDRESSES: Comments should be filed

with the Office of the Secretary, Federal

Energy Regulatory Commission, 888

First Street, N.E., Washington, D.C.

20426.

FOR FURTHER INFORMATION CONTACT:

Marvin Rosenberg (Technical

Information), Office of Economic

Policy, Federal Energy Regulatory

Commission, 888 First Street, N.E.,

Washington, D.C. 20426, (202) 208–

1283

William Booth (Technical Information),

Office of Electric Power Regulation,

Federal Energy Regulatory

Commission, 888 First Street, N.E.,

Washington, D.C. 20426, (202) 208–

0849

Gary D. Cohen (Legal Information),

Electric Rates and Corporate

Regulation, Office of the General

Counsel, Federal Energy Regulatory

Commission, 888 First Street, N.E.,

Washington, D.C. 20426, (202) 208–

0321

SUPPLEMENTARY INFORMATION: In

addition to publishing the full text of

this document in the Federal Register,

the Commission also provides all

interested persons an opportunity to

inspect or copy the contents of this

document during normal business hours

in the Public Reference Room at 888

First Street, N.E., Washington, D.C.

20426.

The Commission Issuance Posting

System (CIPS), an electronic bulletin

board service, provides access to the

text of formal documents issued by the

Commission. CIPS is available at no

charge to the user and may be accessed

using a personal computer with a

modem at (202) 208–1397 if dialing

locally, or 1–800–856–3920 if dialing

long distance. CIPS may also be

accessed through the Fed world system

(by modem or Internet). To access CIPS,

set your communications software to

19200, 14400, 12000, 9600, 7200, 4800,

2400, or 1200 bps. full duplex, no

parity, 8 data bits and 1 stop bit. The

full text of this document will be

available on CIPS in ASCII and

Wordperfect 5.1 format. The complete

text on diskette in WordPerfect format

may also be purchased from the

Commission’s copy contractor, La Dorn

Systems Corporation, also located in

Room 3104, 888 First Street, N.E.,

Washington, D.C. 20426.

The Commission previously

announced that it would hold a

technical conference on June 17, 1996 to

discuss any remaining issues in this

proceeding. The Commission scheduled

the technical conference to follow the

submission of an additional report from

the How Group correcting any

deficiencies in the standards and

protocols document (Standards and

Protocols) that accompanied the OASIS

Final Rule. The How Group submitted

the requested report to the Commission

on June 7, 1996.

After a review of this report, the

Commission has concluded that the

technical conference scheduled for June

17, 1996 is unnecessary and is hereby

cancelled.

The June 7, 1996 report is available

for inspection and copying in the

Commission’s Public Reference Room

and is accessible through the

Commission Issuance Posting System.

Interested persons may submit

comments on this report on or before

July 8, 1996.

Lois D. Cashell,

Secretary.

[FR Doc. 96–15405 Filed 6–17–96; 8:45 am]

BILLING CODE 6717–01–M
Federal Register / Vol. 61, No. 118 / Tuesday, June 18, 1996 / Rules and Regulations 30805

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 943

[SPATS No. TX–027–FOR]

Texas Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of

amendment.

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). The proposed

amendment consists of revisions to

Texas’ existing regulations pertaining to

identification of interests and

compliance information and

Commission of Texas (Commission)

review of outstanding permits and

revisions and one addition to Texas’

existing statures pertaining to

rulemaking and permitting, permit

approval or denial, and suspension or

rescission of improvidently issued

permits. The amendment is intended to

revise the Texas program to be

consistent with the corresponding

Federal regulations and SMCRA.

EFFECTIVE DATE: June 18, 1996.

FOR FURTHER INFORMATION CONTACT:

Jack R. Carson, 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 August 30, 1995

(Administrative Record No. TX–595),

Texas submitted a proposed amendment

to its program pursuant to SMCRA.

Texas submitted the proposed

amendment in response to required

program amendments codified at 30

CFR 943.16 (r), (t), and (u) [59 FR 13200,

March 21, 1994, and 60 FR 15675,

March 27, 1995]. The provisions of the

Texas Coal Mining Regulations (TCMR)

and of the Texas Surface Coal Mining

and Reclamation Act (TSCMRA) at

Article 5920–11 that Texas proposed to

amend were TCMR 778.116(m),

identification of interests and

compliance information; TCMR

788.225(g)(1), Commission review of

outstanding permits; section 6(b) of

TSCMRA, rulemaking and permitting;

section 21(c) of TSCMRA, reporting

notices of violation in permit

applications; and section 21a of

TSCMRA, suspension or rescission of

improvidently issued permits.

OSM announced receipt of the

proposed amendment in the September

20, 1995, Federal Register (60 FR

48675), 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 closed on October 20, 1995.

By letter dated May 13, 1993

(Administrative Record No. TX–551),

Texas submitted a proposed amendment

to its program pursuant to SMCRA. By

letter dated September 18, 1995

(Administrative Record No. TX–598),

Texas revised the May 13, 1993,

proposed amendment. The revised

amendment included a definition for

the term ‘‘violation notice’’ at TCMR

701.008(104), which was proposed as

partial response to a required

amendment at 30 CFR 943.16(k). Since

this proposed definition is closely

associated with Texas’ August 30, 1995,

proposed revisions pertaining to

identification of interests and

compliance information, it is being

transferred to and addressed in this final

rule. Decisions concerning the rest of

the proposed changes in the May 13,

1993, proposed amendment, as revised

on September 18, 1995, will be

addressed in a separate Federal

Register.

OSM announced receipt of the

September 18, 1995, revised amendment

in the October 25, 1995, Federal

Register (60 FR 54620), and in the same

document opened the public comment

period. The public comment period

closed on November 9, 1995. No

comments were received pertaining to

the proposed definition of ‘‘violation

notice.’’

III. Director’s Findings

Set forth below, pursuant to SMCRA

and the Federal regulations at 30 CFR

732.15 and 732.17, are the Director’s

findings concerning the proposed

amendment.

Revisions not specifically discussed

below concern nonsubstantive wording

changes, or revised cross-references and

paragraph notations to reflect

organizational changes resulting from

this amendment.

A. Texas Coal Mining Regulations

(TCMR)

1. TCMR 701.008(104) Definition of

Violation Notice

Texas proposed to add the following

definition of ‘‘violation notice’’ at TCMR

701.008(104).

‘‘Violation notice’’ means any written

notification from a governmental entity of a

violation of law, whether by letter,

memorandum, legal or administrative

pleading, or other written communication.

The definition for ‘‘violation notice’’

was inadvertently omitted from the

State regulations in Texas’ Final Rule

Adoption No. SMRD 2–88 (May 22,

1989). At 30 CFR 943.16(k), OSM

required Texas to submit an amendment

that included this definition (57 FR

37447, August 19, 1992). The proposed

definition is substantively identical to

the counterpart Federal definition that

existed on August 19, 1992. However,

OSM revised its definition of violation

notice on October 28, 1994 (59 FR

54306). As show below, the revised

Federal definition clarifies the types of

violations that would form the basis for

permit denial under section 510(c) of

SMCRA and under the implementing

Federal regulation at 30 CFR 778.14(c).

OSM determined that incorporating by

reference the amended definition of

‘‘violation notice’’ into 30 CFR 778.14(c)

eliminated the need for including

regulation language on the types of

violation information that must be

reported in a permit application.

‘‘Violation notice’’ means any written

notification from a governmental entity,

whether by letter, memorandum, judicial or

administrative pleading, or other written

communication, of a violation of the Act; any

Federal rule or regulation promulgated

pursuant thereto; a State program; or any

Federal or State law, rule, or regulation

pertaining to air or water environmental

protection in connection with a surface coal

mining operation. It includes, but is not

limited to, or notice of violation; an

imminent harm cessation order; a failure-to

abate cessation order; a final order, bill, or
30806 Federal Register / Vol. 61, No. 118 / Tuesday, June 18, 1996 / Rules and Regulations

demand letter pertaining to a delinquent civil

penalty; a bill or demand letter pertaining to

delinquent abandoned mine reclamation fees;

and a notice of bond forfeiture, where one or

more violations upon which the forfeiture

was based have not been corrected.

While the Texas definition lacks the

clarity of the revised Federal definition,

it is not inconsistent with it. On March

15, 1996 (Administrative Record No.

TX–595.06), OSM contacted Texas to

discuss this issue. Texas responded that

it will interpret its proposed definition

of ‘‘violation notice’’ consistent with the

revised Federal definition. Also, as

discussed in finding B.2., the Texas

statute at Article 5920–11, section 21(c)

of TSCMRA does require the reporting

of notices of violation in permit

applications consistent with the

requirements under section 510(c) of

SMCRA. Therefore, the Director

approves the definition of ‘‘violation

notice’’ at TCMR 701.008(104) to the

extent that Texas interprets it consistent

with the Federal definition. The

required amendment at 30 CFR

943.16(k) is being revised to remove the

requirement for a definition of

‘‘violation notice.’’

2. TCMR 778.116(m) Identification of

Interests and Compliance Information

In response to the required

amendment at 30 CFR 943.16(t) [finding

No. 3, 60 FR 15675, March 27, 1995],

Texas proposed revisions to TCMR

778.116(m) that are substantive in

nature and contain language that is

substantively identical to the language

in the corresponding Federal regulation

provisions at 30 CFR 778.14(c).

Therefore, the Director finds that TCMR

778.116(m) is no less effective than the

counterpart Federal regulation at 30

CFR 778.14(c). The Director approves

the proposed revision to TCMR

778.116(m) and removes the required

amendment at 30 CFR 943.16(t).

3. TCMR 788.225(g)(1) Commission

Review of Outstanding Permits;

Automatic Suspension and Rescission

In responds to the required

amendment at 30 CFR 943.16(u)

[finding No. 5, 60 FR 15675, March 27,

1995], Texas proposed a revision to

TCMR 788.225(g)(1) that is substantive

in nature and contains language that

renders its provisions substantively

identical to the corresponding Federal

regulation provisions at 30 CFR

773.21(a).

The Federal regulation at 30 CFR

773.21(a) provides that the regulatory

authority’s findings with regard to a

permittee’s challenge of its decision to

suspend and rescind an improvidently

issued permit must be consistent with

the provisions of 30 CFR 773.25. The

provisions of 30 CFR 773.25 specify

standards for challenging ownership

and control links and the status of

violations.

Since the Texas program did not have

a direct counterpart to the Federal

standards for challenging ownership

and control links and the status of

violations contained in 30 CFR 773.25

or to other requirements referred to in

30 CFR 773.25, Texas proposed a

revision to TCMR 788.225(g)(1) to

require that the Commission’s findings

with regard to a permittee’s challenge of

the Commission’s decision to suspend

and rescind an improvidently issued

permit be consistent with the provisions

of the Federal requirements at 30 CFR

773.25. Thus, Texas incorporated by

reference the criteria for challenging

ownership and control links and the

status of violations specified by the

Federal regulations.

Based on the above discussions, the

Director finds the proposed revision to

TCMR 788.225(g)(1) renders its

provisions no less effective than the

Federal regulation provisions at 30 CFR

773.21(a). Therefore, the Director

approves the proposed revision to

TCMR 778.225(g)(1) and removes the

required amendment at 30 CFR

743.16(u).

B. Texas Surface Coal Mining and

Reclamation Act (TSCMRA), Article

5920–11

Under Section 323.007 of the

Government Code, the Texas Legislative

Council revised the Texas statutes in a

general code update bill. This bill,

Chapter 76, Senate Bill (S.B.) 959, Acts

of the 74th Legislature, Regular Session,

1995, codified the Texas Surface Coal

Mining and Reclamation Act as Chapter

134, Natural Resources Code, and

repealed Article 5920–11, Vernon’s

Texas Civil Statutes, subject to certain

exceptions. During the same session,

Chapter 272, S.B. 271 amended the

Texas Surface Coal Mining and

Reclamation Act, Article 5920–11,

Vernon’s Texas Civil Statutes. In a letter

dated August 14, 1995 (Administrative

Record No. TX–597), the Texas

Legislative Counsel explained that

‘‘under Section 311.031(c), Government

Code, the repeal of a statute by a code

does not affect an amendment of the

statute by the same legislature that

enacted the code. The amendment is

preserved and given effect as part of the

code provision that revised the statute

so amended.’’

In its August 30, 1995, submittal

(Administrative Record No. TX–595),

Texas provided a legal opinion of the

effect of the enactments of S.B. 271 and

S.B. 959. The opinion stated that ‘‘the

S.B. 271 amendments survive the

repealer provision of S.B. 959 and are

preserved as part of Chapter 134 of the

Natural Resources Code. The statutory

authority for the rules exists through the

preservation of the amendments made

through S.B. 271.’’ S.B. 271 amends

Article 5920–11 at section 6(b) of

TSCMRA, rulemaking and permitting

and section 21(c) of TSCMRA, permit

approval or denial; and it adds new

section 21a, suspension or rescission of

improvidently issued permits.

1. Article 5920–11 Section 6(b) of

TSCMRA, Rulemaking and Permitting

Pursuant to the Administrative

Procedure Act

The substantive revision proposed in

section 6(b) of TSCMRA is the addition

of the following provision allowing

Texas to issue a notice of permit

suspension or rescission of an

improvidently issued permit without

first conducting a formal adjudicative

proceeding under the Texas

Administrative Procedure Act (Chapter

2001, Government Code), while still

allowing the permittee to file an appeal

for administrative review of Texas’

decision to suspend or rescind a permit.

(b) * * * The Administrative Procedure

Act does not apply to actions by the

Commission to suspend or rescind an

improvidently issued permit as authorized by

Section 21a of this Act, except that a

permittee who is the subject of a suspension

or rescission notice issued by the

Commission under Section 21a of this Act

may file an appeal for administrative review

of the notice as provided by Commission

rules, and such review shall be governed by

the Administrative Procedure Act.

In a letter dated July 7, 1993

(Administrative Record No. TX–562),

Texas had explained that it could not

automatically suspend or rescind a

permit because its Administrative

Procedure Act at section 13(a) required

that all parties in a contested case have

the opportunity for an adjudicative

hearing before legal rights, duties or

privileges are determined. The proposed

revision will allow Texas to

automatically suspend or rescind a

permit.

The general authority for suspension

or revocation (rescission) of permits is

found at section 201(c)(1) of SMCRA.

The Federal regulation provisions at 30

CFR 773.21(a) provide for an automatic

permit suspension and rescission

process and 30 CFR 773.20(c)(2)

requires regulatory authorities to give

permittees the opportunity to request

administrative review of a notice of

suspension or rescission of an

improvidently issued permit. Therefore,
Federal Register / Vol. 61, No. 118 / Tuesday, June 18, 1996 / Rules and Regulations 30807

the Director finds the revision to section

6(b) of TSCMRA is not inconsistent with

SMCRA or the Federal regulations and

is approving it.

2. Article 5920–11 Section 21(c) of

TSCMRA, Reporting Notices of

Violations in Permit Applications

In response to the required

amendment at 30 CFR 943.16(r) [finding

No. 2, 59 FR 13200, March 21, 1994],

Texas proposed revisions to section

21(c) of TSCMRA that are substantive in

nature and contain language that is

substantively identical to section 510(c)

of SMCRA.

The substantive proposed changes

include revising the existing language of

the first sentence of section 21(c) by

adding the requirement that applicants

report notices of violations of SMCRA

and deleting the words ‘‘within the

state’’ from the phrase ‘‘in connection

with any surface coal mining operation

within the state during the three-year

period * * *.’’ Texas further clarified

section 21(c) by adding new language

requiring that the schedule include

notices of violations of Federal

regulations or Federal or state programs

adopted under SMCRA. Texas, also,

revised the existing second sentence

(now the third sentence) by deleting the

phrase ‘‘or that the notice of violation is

being contested by the applicant’’ and

adding the phrase ‘‘or other laws

referred to in this subsection’’ after the

phrases ‘‘with a demonstrated pattern of

willful violations of this Act’’ and ‘‘with

such resulting irreparable damage to the

environment as to indicate an intent not

to comply with this Act.’’

The proposed revisions remove the

previous limitation contained in section

21(c) of TSCMRA regarding the listing

of information for violations incurred

only within the State of Texas. The

proposed revisions clarify that a permit

application must include information

on (1) violations of Federal regulations

and violations of Federal and State

programs approved pursuant to SMCRA,

not just the Texas program, and (2) air

and water environmental protection

violations of any governmental

department or agency physically located

in any state of the United States, not just

Texas.

Therefore, based on the above

discussions, the Director finds section

21(c) of TSCMRA, as revised, is

consistent with and no less stringent

than section 510(c) of SMCRA and is

removing the required amendment at 30

CFR 943.16(r).

3. Article 5920–11 TSCMRA, section

21a, Suspension or Rescission of

Improvidently Issued Permits

Texas proposes to add a new section

which authorizes the Commission to

adopt and enforce rules relating to

suspension or rescission of

improvidently issued permits that are

consistent with and no less effective

than Federal regulations adopted under

SMCRA.

Section 201(c)(1) of SMCRA

authorizes the suspension or rescission

of permits for failure to comply with

any of the provisions of SMCRA or any

rules and regulations adopted pursuant

to SMCRA. Furthermore, Section

503(a)(2) of SMCRA requires State

programs to demonstrate that the State

has the capability of carrying out the

provisions of SMCRA and meeting its

purposes through ‘‘a State law which

provides sanctions for violations of

State laws, regulations, or conditions of

permits concerning surface coal mining

and reclamation operations, which

sanctions shall meet the minimum

requirements of this Act, including civil

and criminal actions, forfeiture of

bonds, suspensions, revocations * * *’’

Therefore, the Director finds section

21a of TSCMRA is consistent with the

intent of sections 201(c)(1) and 503(a)(2)

of SMCRA and is approving it.

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. No public comments were

received, and because no one requested

an opportunity to speak at a public

hearing, no hearing was held.

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.

The Bureau of Land Management

responded on September 15, 1995, that

the revised regulations addressed by the

documents appeared to exceed Federal

coal standards, and it had no other

comments to that effect (Administrative

Record No. TX–595.04).

The U.S. Army Corps of Engineers

responded on September 18, 1995, that

it found the changes to be satisfactory to

that agency (Administrative Record No.

TX–595.02).

The Soil Conservation Service

(Natural Resources Conservation

Service) responded on October 2, 1995,

that it had no comments on the proposal

(Administrative Record No. TX–595.05.

Environmental Protection Agency (EPA)

Pursuant to 30 CFR 732.17(h)(11)(ii),

OSM is required to obtain the written

concurrence of the EPA with respect to

those provisions of the proposed

program amendment that relate to air or

water quality standards promulgated

under the authority of the Clean Water

Act (33 U.S.C. 1251 et seq.) or the Clean

air act (42 U.S.C. 7401 et seq.). None of

the revisions that Texas proposed to

make in this amendment pertain to 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, Region VI

(Administrative Record No. TX–595.01).

EPA did not respond to OSM’s request.

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 No. TX–595.01).

Neither SHPO nor ACHP responded to

OSM’s request.

V. Director’s Decision

Based on the above findings, the

Director approves the proposed

amendment as submitted by Texas on

August 30, 1995.

The Director approves, as discussed

in: finding No. A.1., TCMR

701.008(104), definition of ‘‘violation

notice; finding No. A.2., TCMR

778.116(m), concerning identification of

interests and compliance information;

finding No. A.3., TCMR 788.225(g)(1),

concerning automatic suspension and

rescission of a permit; finding No. B.1.,

Article 5920–11, section 6(b) of

TSCMRA, concerning rulemaking and

permitting; finding No. B.2., Article

5920–11, section 21(c) of TSCMRA,

concerning reporting notices of

violations in permit applications; and

finding No. B.3., Article 5920–11,

section 21a of TSCMRA, concerning

suspension or rescission of

improvidently issued permits.

The Director approves the regulations

and statutes as proposed by Texas with

the provision that they be fully

promulgated in identical form to the

rules submitted to and reviewed by

OSM and the public.
30808 Federal Register / Vol. 61, No. 118 / Tuesday, June 18, 1996 / Rules and Regulations

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.

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 evironmental 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: May 28, 1996.

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 by

adding paragraph (n) to read as follows:

§ 943.15 Approval of regulatory program

amendments.

* * * * *

(n) The amendment submitted by

Texas to OSM by letter dated August 30,

1995, and the definition of ‘‘violation

notice’’ submitted by Texas to OSM by

letter dated September 18, 1995, are

approved effective June 18, 1996.

3. Section 943.16 is amended by

removing paragraphs (r), (t), and (u) and

by revising paragraph (k) to read as

follows:

§ 943.16 Required program amendments.

* * * * *

(k) By October 19, 1992, Texas shall

submit to OSM a proposed amendment

for the definitions at TCMR 770.101 to

replace the definitions for ‘‘applicant,’’

‘‘application,’’ ‘‘complete application,’’

‘‘general area,’’ ‘‘principal shareholder,’’

and ‘‘property to be mined,’’ or

otherwise demonstrate that these

definitions are not necessary for the

Texas program to be no less effective

than the Federal regulations.

* * * * *

[FR Doc. 96–15145 Filed 6–17–96; 8:45 am]

BILLING CODE 4310–05–M

LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 201

[Docket No. 93–2B]

Digital Audio Recording Devices and

Media; Verification of Statements of

Account

AGENCY: Copyright Office, Library of

Congress.

ACTION: Interim regulation.

SUMMARY: The Audio Home Recording

Act of 1992 requires the Register of

Copyrights to issue regulations that

provide for the verification of the

information contained in digital audio

recording technology (DART)

Statements of Account filed with the

Office. The Copyright Office is adopting

Interim Regulations that establish

procedures for requesting verification,

the scope of the verification, and the

allocation of costs. The regulations are

intended to ensure that proper

payments have been made to copyright

owners.

DATES: This interim regulation is

effective June 18, 1996. Comments must

be submitted on or before September 16,

1996. Reply comments must be