Texas Regulatory Program

DEPARTMENT OF THE INTERIOR

30 CFR Part 943

[TX-024-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 a revision pertaining to a

previously proposed amendment to the Texas regulatory program

(hereinafter, the ``Texas program'') under the Surface Mining Control

and Reclamation Act of 1977 (SMCRA). The proposed revision to the

proposed amendment pertains to self-bonding. The proposed amendment is

intended to revise the State program to be consistent with the

corresponding Federal regulations.

This notice sets forth the times and locations that the Texas

program and

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revisions to the proposed amendment to that program are available for

public inspection, and the reopened comment period during which

interested persons may submit written comments on the proposed

amendment.

dates: Written comments must be received by 4 p.m., c.s.t., October 31,

1995.

addresses: Written comments should be mailed or hand delivered to Mr.

Jack R. Carson, Acting 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 notice 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.

Jack R. Carson, Acting 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.

Railroad Commission of Texas, Surface Mining and Reclamation Division,

1701 North Congress Avenue, P.O. Box 12967, Austin, Texas, 78711-2967,

Telephone: (512) 463-6900.

for further information contact: Mr. Jack R. Carson, Acting Director,

Tulsa Field Office, Telephone: (918) 581-6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Texas Program

On February 16, 1980, the Secretary of the Interior conditionally

approved the Texas program. General background information on the Texas

program, including the Secretary's findings, the disposition of

comments, and the conditions of approval, can be found in the February

27, 1980, Federal Register (45 FR 12998). Subsequent actions concerning

the Texas program amendments can be found at 30 CFR 943.10, 943.15, and

943.16.

II. Proposed Amendment

By letter dated August 11, 1995 (Administrative Record No. TX-593),

Texas submitted a proposed amendment to its program pursuant to SMCRA.

Texas submitted the proposed amendment at its own initiative. Texas

proposed to amend the Texas Administrative Code (TAC) at 16 TAC 11.221,

Texas Coal Mining Regulations (TCMR) Sec. 806.309(j)(2)(C), concerning

the criteria for acceptance of self-bonds to ensure reclamation

performance.

OSM announced receipt of the proposed amendment in the September

12, 1995, Federal Register (60 FR 47316), provided an opportunity for a

public hearing or meeting on its substantive adequacy, and invited

public comment on the adequacy of the amendment. The public comment

period would have ended October 12, 1995.

On September 23, 1995 (Administrative Record No. TX-593.03), OSM

contacted Texas for clarification on the amendment. Specifically, OSM

needed to know what effect Texas' existing 25 percent of net worth

limitation provision at TCMR Sec. 806.309(j)(5)(A) would have on the

proposed 16\2/3\ percent net worth limitation provision at TCMR

Sec. 806.309(j)(2)(C)(iv)(II)(C). TCMR Sec. 806.309(j)(5)(A) limits the

total amount of the applicant's outstanding and proposed self-bonds for

surface coal mining and reclamation operations to 25 percent of the

applicant's tangible net worth in the United States. While TCMR

Sec. 806.309(j)(2)(C)(iv)(II)(C) limits the total amount of the

applicant's outstanding and proposed self-bonds for surface coal mining

and reclamation operations to 16\2/3\ percent of the applicant's net

worth in the United States.

On September 25, 1995, Texas clarified its proposed provision at

TCMR 806.309(j)(2)(C)(iv)(II)(C) by submitting a revised amendment

package (Administrative Record No. TX-593.02). Specifically, Texas

proposes to add the following new provision at TCMR

806.309(j)(2)(C)(iv).

The limitation contained in subparagraph (II)(C) of this section

applies to applicants or guarantors qualifying pursuant to

subparagraph (II) only and does not affect the limitation set out in

Section 806.309(j)(5)(A) for applicants or guarantors seeking

acceptance of a self-bond pursuant to paragraphs i-iii or

subparagraph (I) of this section.

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 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.

IV. Procedural Determinations

Executive Order 12866

This rule is exempted from review by the Office of Management and

Budget (OMB) under Executive Order 12866 (Regulatory Planning and

Review).

Executive Order 12778

The Department of the Interior has conducted the reviews required

by section 2 of Executive Order 12778 (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.).

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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.

List of Subjects in 30 CFR Part 943

Intergovernmental relations, Surface mining, Underground mining.

Dated: October 3, 1995.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 95-25560 Filed 10-13-95; 8:45 am]

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