Texas Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 943

[SPATS No. TX-31-FOR]

Texas Regulatory Program

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

Interior.

ACTION: Proposed rule; public comment period and opportunity for public

hearing.

-----------------------------------------------------------------------

SUMMARY: OSM is announcing receipt of a proposed amendment to the Texas

regulatory program (hereinafter the ``Texas program'') under the

Surface Mining Control and Reclamation Act of 1977 (SMCRA). Texas

proposed revisions to its regulations pertaining to rough backfilling

and grading performance standards for cyclic and continuous excavation

area strip mining operations. The amendments is intended to revise the

Texas program to take into consideration the two types of area strip

mining excavation operations conducted in the State of Texas and to

clarify the time and distance standards for cyclic excavation area

strip mining.

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

23, 1996. If requested, a public hearing on the proposed amendment will

be held on August 19, 1996. Requests to speak at the hearing must be

received by 4:00 p.m., c.d.t. August 8, 1996.

ADDRESSES: Written comments and requests to speak at the hearing should

be mailed or hand delivered to Jack R. Carson, Acting Director, Tulsa

Field Office, at the address listed below.

Copies of the Texas program, the proposed amendment, a listing of

any scheduled public hearings, 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.

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.

Surface Mining and Reclamation Division, Railroad Commission of Texas,

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

[[Page 38421]]

78711-2967, Telephone: (512) 463-6900.

FOR FURTHER INFORMATION CONTACT:

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 can be found at 30 CFR 943.10, 943.15, and 943.16.

II. Description of the Proposed Amendment

By letter dated July 11, 1996 (Administrative Record No. TX-617),

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

Texas submitted the proposed amendment at its own initiative. Texas

proposes to amend Texas Coal Mining Regulations (TCMR) 816.384

(Backfilling and Grading--General Requirements) by providing rough

backfilling and grading timing provisions for two types of area strip

mining operations, cyclic excavation and continuous excavation. Texas

also proposes to clarify that time and distance variances may be

approved for cyclic excavation area strip mining operations.

1. TCMR 816.384(a)(3) Timing of Backfilling and Grading for Cyclic

Excavation Area Strip Mining

Texas proposes to limit its rough backfilling and grading

provisions at TCMR 816.384(a)(3) to the cyclic excavation method of

area strip mining. Texas also proposes to clarify that time and

distance variances may be approved for cyclic excavation area strip

mining operations by providing for an exception to its four spoil ridge

limitation. The permittee must demonstrate that additional time and/or

distance is necessary.

2. TCMR 816.384(a)(4) Timing of Backfilling and Grading for Continuous

Excavation Area Strip Mining

Texas proposes to add the following provision at TCMR 816.384(a)(4)

concerning rough backfilling and grading timing requirements for

continuous excavation area strip mining.

Area strip mining (continuous excavation). Rough backfilling and

grading shall occur in accordance with the time schedule approved by

the Commission, on the basis of a detailed written analysis by the

permittee under Section .145(b)(3) and any additional information

which the Commission may require.

III. Public Comment Procedures

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.

Public Hearing

Persons wishing to speak at the public hearing should contact the

person listed under for further information contact by 4:00 p.m.,

c.d.t. on August 8, 1996. The location and time of the hearing will be

arranged with those persons requesting the hearing. Any disabled

individual who has need for a special accommodation to attend a public

hearing should contact the individual listed under for further

information contact. If no one requests an opportunity to speak at the

public hearing, the hearing will not be held.

Filing of a written statement at the time of the hearing is

requested as it will greatly assist the transcriber. Submission of

written statements in advance of the hearing will allow OSM officials

to prepare adequate responses and appropriate questions.

The public hearing will continue on the specified date until all

persons scheduled to speak have been heard. Persons in the audience who

have not been scheduled to speak, and who wish to do so, will be heard

following those who have been scheduled. The hearing will end after all

persons scheduled to speak and persons present in the audience who wish

to speak have been heard.

Public Meeting

If only one person requests an opportunity to speak at a hearing, a

public meeting, rather than a public hearing, may be held. Persons

wishing to meet with OSM representatives to discuss the proposed

amendment may request a meeting by contacting the person listed under

for further information contact. All such meetings will be open to the

public and, if possible, notices of meetings will be posted at the

locations listed under addressees. A written summary of each meeting

will be made a part of 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 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 programs 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 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

[[Page 38422]]

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 States. In making the determination as to whether

this rule would have a significant economic impact, the Department

relied on the data and assumptions for the counterpart 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: July 17, 1996.

Charles E. Sandberg,

Acting Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 96-18783 Filed 7-23-96; 8:45 am]

BILLING CODE 4310-05-M