Texas Regulatory Program

DEPARTMENT OF THE INTERIOR

30 CFR Part 943

[SPATS No. TX-017-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, the ``Texas program'') under the Surface Mining Control

and Reclamation Act of 1977 (SMCRA). The revisions of Texas' proposed

rules pertain to exemption for coal extraction incidental to the

extraction of other minerals; surface water information; protection of

hydrologic balance; permitting; siltation structures; impoundments;

revegetation; definitions; lands unsuitable for mining; areas

designated by act of congress; prime farmland; notices of violation,

hydrology and geology requirements; use of explosives; bond release;

assessment of civil penalties; and individual civil penalties. Texas

also proposed nonsubstantive changes in wording, numbering, and

punctuation of its rules. The 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 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 4:00 p.m., c.d.t.,

September 27, 1996.

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 and program amendments can be found at 30 CFR 943.10,

943,15, and 943.16.

II. Proposed Amendment

By letter dated May 13, 1993 (Administrative Record No. TX-551),

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

Texas submitted the proposed amendment in response to letters dated May

20, 1985; June 9, 1987; October 20, 1988; February 7, 1990; and

February 21, 1990 (Administrative Record Nos. TX-358, TX-388, TX-417,

TX-472, and TX-476), that OSM sent to Texas in accordance with 30 CFR

732.17(c) and in response to the required program amendments at 30 CFR

943.16(k) through (q). OSM announced receipt of the proposed amendment

in the June 21, 1993, Federal Register (58 FR 33785), provided an

opportunity for a public hearing or meeting on its substantive

adequacy, and invited public comment on the adequacy of the amendment

(Administrative Record No. TX-556). The public comment period would

have closed July 21, 1993. However, by letter dated July 16, 1993, the

Texas Mining and Reclamation Association requested a 30-day extension

of time in which to review and provide comments on the proposed

amendment (Administrative Record No. TX-563). OSM announced receipt of

the extension request and reopened the comment period in the August 16,

1993, Federal Register (58 FR 43308). The extended public comment

period ended August 20, 1993.

During its review of the May 13, 1993, proposed amendment, OSM

identified concerns relating to several of the proposed regulations.

OSM notified Texas of its concerns by letter dated July 25, 1994

(Administrative Record No. TX-578). Further Clarification of OSM's

concerns were provided to Texas by letters dated November 4, 1994,

November 21, 1994, and January 18, 1995 (Administrative Record Nos. TX-

581, TX-589, and TX-585). Texas responded in a letter dated September

18, 1995, by submitting a revised amendment package (Administrative

Record No. TX-598). OSM announced receipt of the proposed amendment in

the October 25, 1995, Federal Register (60 FR 54620) and invited public

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

closed November 9, 1995.

During its review of the September 18, 1995, revised amendment, OSM

identified concerns relating to several of the proposed regulations.

OSM notified Texas of its concerns by letter dated June 18, 1996,

(Administrative Record No. TX-614). Texas responded in a letter dated

July 31, 1996, by submitting a revised amendment package

(Administrative Record No. TX-621). Texas proposed revisions to its

September 18, 1995, revised amendment submittal; proposed to include in

its approved program new and revised regulations that were adopted in

State rulemaking at Surface Mining and Reclamation Division (SMRD) 1-

87, SMRD 2-87, and SMRD 2-88; and proposed editorial corrections

throughout its regulations. The substantive proposals are discussed

below.

A. Revisions to September 18, 1995, Revised Amendment

1. TCMR Part 709 Exemption for Coal Extraction Incidental to the

Extraction of Other Minerals

a. At TCMR 709.027(f) [originally proposed as TCMR 702.11(f)],

Texas proposes to revise the provisions pertaining to administrative

review of its determinations on exemptions for coal extraction

incidental to the extraction of other minerals by deleting paragraph

(f)(2) and revising paragraph (f)(1) as follows:

(f) Appeal and review. Any adversely affected person may request

appeal or review of a determination under Paragraph (e) of this

Section in accordance with procedures established under Section

787.222 of this chapter.

b. At TCMR 709.033(c) [originally proposed as TCMR 702.17(c)],

Texas proposes to revise the provisions pertaining to revocation of an

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exemption for coal extraction incidental to the extraction of other

minerals by deleting paragraph (c)(3) and revising paragraph (c)(2) as

follows:

Any adversely affected person may request appeal or review of a

decision whether to revoke an exemption in accordance with

procedures established under Section 787.222 of this chapter.

2. TCMR 779.129 (Surface) and TCMR 783.175 (Underground) Surface Water

Information

At TCMR 779.129 and 783.175, Texas proposes to require the name,

location, ownership, and description of all surface water bodies in the

proposed permit and adjacent areas. Texas also proposes to require

information on surface-water quantity and quality sufficient to

demonstrate seasonal variation and water usage.

3. TCMR 780.146 (Surface) and TCMR 784.188 (Underground) Reclamation

Plan: Protection of Hydrologic Balance

a. At TCMR 780.146(a), Texas proposed to add references to Sections

816.340 and 816.341. At TCMR 784.188(a), Texas proposes to add

references to sections 817.509-.511, 817.516, and 817.518-23.

b. At TCMR 780.146(d)(5), Texas proposes to add references to

Sections 779.128 and 779.129. At TCMR 784.188(d)(5) Texas proposes to

add references to Sections 783.174 and 783.175. The following provision

was added to both TCMR 780.146(d)(5) and 784.188(d)(5).

Information shall be provided on water availability and

alternative water sources, including the suitability of alternative

water sources for existing premining uses and approved postmining

land uses.

4. TCMR 786.220 Conditions of Permits: General and Right of Entry

At TCMR 786.220(d), Texas proposes to add language that requires

operators to pay all reclamation fees required by 30 CFR Subchapter R.

5. TCMR 817.514 (Underground) Hydrologic Balance: Siltation Structures

At TCMR 817.514, Texas proposes to remove the language ``in

Paragraph (c)(2)(ii) of this section, except as set forth.''

6. TCMR 816.347 (Surface) and TCMR 817.517 (Underground) Hydrologic

Balance: Permanent and Temporary Impoundments

Texas proposes to revise TCMR 816.347(a)(5) and 817.517(a)(5) to

add language requiring impoundments to have adequate freeboard so as to

resist overtopping by waves and by sudden increases in storage volume.

7. TCMR 816.390 (Surface) and TCMR 817.555 (Underground) Revegetation:

General Requirements

Texas proposes to remove the current language from these sections

and add the following new language.

(a) The permittee shall establish on regraded areas and on all

other disturbed areas except water areas and surface areas of roads

that are approved as part of the postmining land use, a vegetative

cover that is in accordance with the approved permit and reclamation

plan and that is--

(1) Diverse, effective, and permanent;

(2) Comprised of species native to the area, or of introduced

species where desirable and necessary to achieve the approved

postmining land use and approved by the Commission;

(3) At least equal in extent of cover to the natural vegetation

of the area; and

(4) Capable of stabilizing the soil surface from erosion.

(b) The reestablished plan species shall--

(1) Be compatible with the approved postmining land use;

(2) Have the same seasonal characteristics of growth as the

original vegetation;

(3) Be capable of self-regeneration and plant succession;

(4) Be compatible with the plant and animal species of the area;

and

(5) Meet the requirements of applicable State and Federal seed,

poisonous and noxious plant, and introduced species laws or

regulations.

(c) The Commission may grant exception to the requirements of

Paragraphs (b)(2) and (b)(3) of this Section when the species are

necessary to achieve a quick-growing, temporary, stabilizing cover,

and measures to establish permanent vegetation are included in the

approved permit and reclamation plan.

(d) When the Commission approves a cropland postmining land use,

the Commission may grant exception to the requirements of Paragraphs

(a)(1), (a)(3), (b)(2), and (b)(3) of this Section. The requirements

of Part 823 of this Chapter apply to areas identified as prime

farmland.

8. Texas is withdrawing its proposed revegetation guidelines

entitled ``Field Sampling Procedures for Determining Ground Cover,

Productivity, and Woody-Plant Stocking Success of Reclaimed Surface

Mined Land Uses; Revegetation Success Standards for Reclaimed Surface

Mined Land Uses; and Normal Husbandry Practices on Unmined Land.''

B. SMRD 1-87. Texas proposes to include in its approved program the

following regulations as added or revised in State rulemaking SMRD 1-

87.

1. TCMR 701.008 Definitions

The definitions for ``cropland'' at TCMR 701.008(25),

``historically used for cropland'' at TCMR 701.008(41), ``prime

farmland'' at TCMR 701.008(67), ``soil horizons'' at TCMR 701.008(84),

and ``topsoil'' at TCMR 701.008(95) were revised.

2. TCMR Part 760 Lands Unsuitable for Mining--General

a. TCMR 760.069, Objectives. Texas replaced the currently approve

language in TCMR 760.069 with the following language.

This Subchapter establishes the procedures and standards to be

followed in determining whether a proposed surface coal mining and

reclamation operation can be authorized in light of the prohibitions

and limitations in Section 33 of the Act for those types of

operations on certain public and private lands.

b. TCMR 760.070, Definitions. Texas numbered its definitions TCMR

760.070 (1) through (14); added a new definition for ``owner of

record'' or ``ownership interest of record'' at TCMR 760.070(5) and

``publicly-owned park'' at TCMR 760.070(9); and made nonsubstantive

paragraph notation and wording changes to its definitions for ``public

building'' at TCMR 760.070(6), ``public park'' at TCMR 760.070(7), and

``significant recreational, timber, economic, or other values

incompatible with surface coal mining operations'' at TCMR 760.070(11).

3. TCMR Part 761 Areas Designated by Act of Congress

a. TCMR 761.071, Areas Where Mining is Prohibited or Limited. Texas

added a new provision at TCMR 761.071(b) concerning prohibition of

mining on Federal lands; added a new provision at TCMR 761.071(e)(2)

concerning an exception to the prohibition of mining within 300 feet of

an occupied dwelling for specific haul roads or access roads; and made

nonsubstantive editorial or wording changes at redesignated TCMR

761.071(c), (d)(2), (e), (e)(1), (f), and (g).

b. TCMR 761.072 Procedures for Determining Whether Surface Mining

Operations are Limited or Prohibited. Texas made nonsubstantive

editorial and wording changes to TCMR 761.072(a), (b), (c), (d)(1),

(d)(2), (d)(3), (g), and (h); made substantive revisions to TCMR

761.072(d)(4) concerning a written finding as to whether the interest

of the public and affected landowners will be protected from the

proposed mining operation; added a new provision at TCMR 761.072(d)(4)

pertaining to mining within 100 feet of the outside right-of-way line

of a road and relocation or closure of a road; made substantive

revisions to TCMR 761.072(e) concerning a written waiver for conducting

mining within 300 feet of an occupied dwelling; and made substantive

revisions to TCMR 761.072(f) concerning the Commission's determination

that a proposed surface coal mining operation will adversely

[[Page 44262]]

affect any publicly owned park or any place included in the National

Register of Historic Places.

4. TCMR Part 762 Criteria for Designating Areas as Unsuitable for

Surface Coal Mining Operations

Texas made nonsubstantive editorial and wording changes throughout

this part and substantive revisions or additions to the following

provisions.

a. TCMR 762.074, Definitions. Texas added a definition at TCMR

762.074(4) for ``renewable resource lands'' and made substantive

revisions to its definition at TCMR 762.072(5) for ``substantial legal

and financial commitments in a surface coal mining operation.''

b. TCMR 762.076, Land Exempt From Designation as Unsuitable for

Surface Coal Mining Operations. Texas revised TCMR 762.076(a) by

changing the date of exemption from August 3, 1977, to ``the date of

enactment of the Act.''

5. TCMR Part 764 Process for Designating Areas Unsuitable for Surface

Coal Mining Operations

Texas made nonsubstantive editorial and wording changes and

clarifying language changes throughout this part. Texas made

substantive revisions or additions to the following provisions.

a. TCMR 764.079, Procedures: Petitions. Texas added a new provision

at TCMR 764.079(a) pertaining to an ``injury in fact'' test for persons

petitioning the Commission to have an area designated as unsuitable for

mining.

Texas made substantive revisions at TCMR 764.079(b) pertaining to

the Commission's determination of the information that must be provided

by the petitioner for designations of lands as unsuitable for surface

coal mining operations and at TCMR 764.079(c) pertaining to the

Commission's determination of the information that must be provided by

petitioner to terminate designations of lands as unsuitable for mining.

b. TCMR 764.080 Procedures: Initial Processing, Recordkeeping, and

Notification Requirements. Texas revised TCMR 764.080(a)(1) by changing

the time for notifying the petitioner of whether the petition is

complete from 90 days to 60 days. Texas also added a definition for

``complete, for a designation or termination petition.''

At TCMR 764.080(a)(4), Texas added ``or that the petitioner does

not meet the requirement of Section .079(a)'' to its list of reasons

for returning the petition to the petitioner. Texas also defined

``frivolous petition.''

Texas made a substantive revision to TCMR 764.080(a)(7) concerning

the Commission's determination not to process a petition pertaining to

lands for which an administratively complete permit application had

been filed and the first newspaper notice had been published.

Texas made a substantive revision to TCMR 764.080(b)(1) concerning

notification of the general public of the receipt of a petition and to

TCMR 764.080(b)(2) concerning provision for a hearing or a period of

written comments on completeness of petitions.

At TCMR 764.080(d), Texas added a new provision that requires the

Commission to maintain information at or near the area in which the

petitioned land is located.

c. TCMR 764.081 Procedures: Hearing Requirements. At TCMR

764.081(a), Texas clarified an expanded it provisions concerning the

procedures for a public hearing on petitions.

At TCMR 764.081(b)(1)(C), Texas proposes to also give notice of the

date, time, and location of a hearing to ``any person known by the

Commission to have a property interest in the petitioned area'' via

regular mail. At TCMR 764.081(b)(2), Texas proposes to send notice to

petitioners and intervenors by certified mail and to government

agencies and property owners by regular mail.

d. TCMR 764.082 Procedures: Decision. At TCMR 764.082(b), Texas

proposes to send the decision ``by certified mail to the petitioner and

intervenors and by regular mail to all other persons with an ownership

interest of record and persons known to the Commission to have an

interest in the property as evidenced by the hearing registration

forms.''

At TCMR 764.082(c), Texas clarifies that ``all relevant portions of

the data base, inventory system, and public comments received during

the public comment period set by the Commission shall be considered and

included in the record of the administrative proceeding.''

e. TCMR 764.084 Public Information. At TCMR 764.084, Texas

specifies that it will make information in the data base and inventory

system available to the public ``except that specific information

relating to location of properties proposed to be nominated to, or

listed in, the National Register of Historic Places need not be

disclosed if the Commission determines that the disclosure of such

information could create a risk of destruction or harm to such

properties.''

6. TCMR 785.201 Prime Farmland

Texas revised its prime farmland plan provisions at TCMR

785.201(b)(1) concerning the requirement for a soil survey; TCMR

785.201(b)(2) concerning the requirement for a plan for soil

reconstruction, replacement, and stabilization; TCMR 785.201(b)(3)

concerning a requirement for scientific data; and TCMR 785.201(b)(4)

concerning a requirement for the productivity data prior to mining.

Texas also revised its provision for consultation with the Secretary of

Agriculture at TCMR 785.201(c) and its provision for permit issuance at

TCMR 785.201(d)(2).

7. TCMR Part 823 Special Permanent Program Performance Standards--

Operations on Prime Farmland

Texas proposes to revise TCMR 823.620 pertaining to prime farmland

applicability and special requirements by adding new paragraphs (a)(1)

and (a)(2); redesignating the introductory paragraph as (b), paragraph

(a) as (b)(1), and (b) as (b)(2); and removing old paragraph (c). New

paragraphs (a)(1) and (a)(2) pertain to prime farmland areas that are

not subject to the requirements of Part 823.

Texas proposes to amend TCMR 823.621 pertaining to prime farmland

soil removal by revising paragraphs (a)(1), (a)(2), and (b) and

removing paragraph (a)(3). The substantive revision to this section

concerns the requirement that other suitable soil materials have a

``greater'', rather than ``equal or greater,'' productive capacity than

the topsoil which existed prior to mining.

Texas proposes to amend TCMR 823.622 pertaining to prime farmland

soil stockpiling by reorganizing the existing requirements into

paragraphs (a), (b), and (c).

Texas proposes to delete TCMR 823.623 pertaining to an alternative

to separate soil horizon removal and stockpiling.

At TCMR 823.624 pertaining to prime farmland soil replacement,

Texas proposes to add new paragraph (a) and to redesignate existing

paragraphs (a) through (f) as (b) through (g). New paragraph (a)

concerns soil reconstruction specification established by the U.S. Soil

Conservation Service. Editorial and nonsubstantive language changes

were made to the existing paragraphs.

At TCMR 823.625, Texas proposes to expand and clarify its

requirements for prime farmland revegetation and restoration of soil

productivity.

8. TCMR 843.681 Notices of Violation

At TCMR 843.681(c), Texas added an exception to the requirement

that the total time for abatement of a notice of violation shall not

exceed 90 days from the date of issuance. New paragraph (f)

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provides the circumstances that would be considered for an extension to

the abatement period. New paragraph (g) provides that interim abatement

measures shall be imposed when an abatement time in excess of 90 days

is allowed. New paragraph (h) provides procedures for the authorized

representative's determination on a request for extension of the

abatement period. New paragraph (i) provides that the determination

under paragraph (h) shall be in writing and contain a right of review.

New paragraph (j) specifies that an extension may not exceed 90 days

and allows the permittee to request further extension.

C. SMRD 2-87. Texas proposes to include in its approved program the

following regulations as added or reviewed in State rulemaking SMRD 2-

87.

1. TCMR 701.008 Definitions. The definitions for ``coal mine

waste'' at TCMR 701.008(18), ``coal preparation'' at TCMR 701.008(19),

``experimental practice'' at TCMR 701.008(34), ``professional

specialist'' at TCMR 701.008(69), ``registered professional engineer''

at TCMR 701.008(76), ``unwarranted failure to comply'' at TCMR

701.008(102), and ``willful violation'' at TCMR 701.008(107) were added

to the definition section.

2. TCMR 779.127 Geology Description. Texas revised TCMR 779.127(a)

by expanding and clarifying the geology information that must be

included in a permit application.

3. TCMR 780.141 Operations Plan: Blasting. Texas added two

additional requirements for permit application blasting plans: a

description of ground vibration and airblast limitations at TCMR

780.141(g) and a description of the methods to be used in controlling

adverse effects of blasting at TCMR 780.141(h).

4. TCMR 780.146 (Surface) and TCMR 784.188 (Underground)

Reclamation Plan: Protection of Hydrologic Balance. Texas revised TCMR

780.146(a) and 784.188(a) by expanding and clarifying the hydrologic

information that must be included in permit applications; added TCMR

780.146(d) and 784.188(d) to require a probable hydrologic consequences

determination be included in permit applications; and added TCMR

780.146(e) and 784.188(e) concerning the requirement for a cumulative

hydrologic impact assessment.

5. TCMR 788.232 Transfer, Assignment or Sale of Permit Rights:

Obtaining Approval. Texas revised TCMR 788.232(c)(2) by changing the

term ``person seeking approval'' to ``applicant.''

6. TCMR 806.311 Terms and Conditions for Liability Insurance. Texas

revised TCMR 806.311(d) by adding language concerning what is required

for an applicant to meet self-insurance requirements.

7. TCMR 807.312 Procedure for Seeking Release of Performance Bond.

Texas revised TCMR 807.312 (b) and (c) concerning the Commission's

inspection and revaluation of the reclamation on areas required to be

released from bond.

8. TCMR 816.357 and TCMR 817.526 Use of Explosives: General

Requirements. Texas revised TCMR 816.357(c) and 817.526(c) concerning

responsibilities of the person responsible for blasting operations by

adding two additional responsibilities at (c)(1) and (c)(2). Texas also

added TCMR 816.357(d) and 817.526(d) concerning submittal of an

anticipated blast design under specified circumstances.

9. TCMR 816.358 and TCMR 817.527 Use of Explosives: Pre-Blasting

Survey. Texas revised TCMR 816.358(a) and 817.527(a) by adding the

requirement that the operator notify residents or owners of dwellings

or other structures of how to request a preblasting survey. Texas also

added TCMR 816.358(d) and 817.527(d) to require that pre-blasting

surveys requested before the tenth day of planned blasting be completed

before the blasting.

10. TCMR 817.500 Signs and Markers. Texas revised TCMR 817.500(f)

concerning warning signs of surface blasting incidental to underground

mining activities.

11. TCMR 817.528 Use of Explosives: Control of Adverse Effects.

Texas made substantive revisions to TCMR 817.528(a) concerning general

requirements for controlling adverse effects of blasting; TCMR

817.528(b) concerning scheduled blasting; TCMR 817.528(e) concerning

access control; TCMR 817.528(f) concerning airblast limits and

monitoring; and TCMR 817.528(g) concerning flyrock limitations. Texas

added provisions at TCMR 817.528(c) concerning unscheduled blasting;

TCMR 817.528(d) concerning blasting signs, warnings, and access

control; and TCMR 817.528(h) concerning ground vibration.

12. TCMR 817.529 Use of Explosives; Seismographic Measurements.

Texas deleted this section in State rulemaking SMRD 2-87.

13. TCMR 817.530 Use of Explosives: Records of Blasting Operations.

Texas revised and clarified the existing provisions concerning the

requirement for operator's to retain a record of each blast.

14. TCMR 843.682 Suspension or Revocation of Permits. Texas deleted

the definitions for ``willful violation'' and ``unwarranted failure to

comply'' from TCMR 843.682(a)(1) and added them to TCMR 701.008.

15. TCMR 845.695 Procedures for Assessment of Civil Penalties.

Texas revised TCMR 845.695(b) by adding a provision at (b)(1)

concerning service of proposed assessments. Tendering a proposed

assessment at the address of the person to whom it was issued, even if

the person refuses to accept delivery, meets the requirements of

service.

D. SMRD 2-88. Texas proposes to include in its approved program the

following regulations as added or revised in State rulemaking SMRD 2-

88.

1. TCMR 807.312 Procedure for Seeking Release of Performance Bond.

Texas included revisions to TCMR 807.312(a) concerning the filing of a

request for release of performance bond or deposit.

2. TCMR Part 846 Individual Civil Penalties. Texas included new

regulations at TCMR 846.001 concerning definitions for ``knowingly'',

``violation, failure, or refusal'', and ``willfully''; TCMR 846.002

concerning when an individual civil penalty may be assessed; TCMR

846.003 concerning the criteria used in determining the amount of an

individual civil penalty; TCMR 846.004 concerning procedures for

service of a notice of proposed individual civil penalty assessment and

the opportunity for review; and TCMR 846.005 concerning requirements

for payment of a penalty.

E. Additional Proposed Changes

1. TCMR 701.003(1). Texas proposes to change the definitions of

``Act'' to reflect recent recodification of the Texas Surface Coal

Mining and Reclamation Act at Chapter 134 of the Texas Natural

Resources Code.

2. TCMR 701.003(3). Texas proposes to change the definition of

``APTRA'' to reflect recent recodification of its Administrative

Procedure Act (APA) at Chapter 2001, Texas Government Code.

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 issue

proposed in this rulemaking, and include explanations in support of the

commenter's recommendations. Comments received after the time

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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 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 (54 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

entitles. 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

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: August 16, 1996.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 96-21861 Filed 8-27-96; 8:45 am]

BILLING CODE 4310-05-M