Texas Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 943

[SPATS No. TX-035-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 referred to as the ``Texas program'') under the Surface

Mining Control and Reclamation Act of 1977 (SMCRA). The revisions for

Texas' proposed regulations pertain to terms and conditions of the

bond, release of performance bond, backfilling and grading, and prime

farmland.

The amendment is intended to revise the Texas program to be

consistent with the corresponding Federal regulations.

DATES: Written comments must be received by 4:00 p.m., c.d.t., May 14,

1998.

ADDRESSES: Written comments should be mailed or hand delivered to

Michael C. Wolfrom, 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 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.

Michael C. Wolfrom, 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 78711-2967,

Telephone: (512) 463-6900.

FOR FURTHER INFORMATION CONTACT:

Michael C. Wolfrom, Director, Tulsa Field Office, Telephone: (918) 581-

6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Texas Program

II. Discussion of the Proposed Amendment

III. Public Comment Procedures

IV. Procedural Determinations

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. Discussion of the Proposed Amendment

By letter dated December 1, 1997 (Administrative Record No. TX-

644), Texas submitted a proposed amendment to its program pursuant to

SMCRA. Texas submitted the proposed amendment in response to a June 17,

1997, letter (Administrative Record No. 640) that OSM sent to Texas in

accordance with 30 CFR 732.17(c). Texas proposed to amend Chapter 12 of

the Texas Administrative Code (TAC).

OSM announced receipt of the proposed amendment in the December 29,

1997, Federal Register (62 FR 67598) and invited public comment on its

adequacy. The public comment period ended January 28, 1998.

During its review of the amendment, OSM identified concerns

relating to release of performance bond and backfilling and grading.

OSM notified Texas of the concerns by letter dated February 12, 1998

(Administrative Record No. TX-644.06). Texas responded in a letter

dated March 6, 1998 (Administrative Record No. TX-644.07), by

submitting the following revisions to its proposed amendment:

1. Sec. 12.309, Terms and Conditions of the Bond. Texas proposed

the following new provision at Sec. 12.309(1):

Persons with an interest in collateral posted as a bond, and who

desire notification of actions pursuant to the bond, shall request

the notification in writing to the Commission at the time collateral

is offered.

2. Sec. 12.312, Procedure for Seeking Release of Performance Bond.

at Sec. 12.312(b)(2), Texas proposed to replace citation references to

``Sec. 12.313(c)'' with citation references to ``Sec. 12.313(d).''

3. Sec. 12.387, Backfilling and Grading--This Overburden. Texas

revised its proposal at Sec. 12.387(2) to require the permittee to meet

the requirements of Secs. 12.385 and 12.386 (relating to Backfilling

and Grading: General Requirements, and to Backfilling and Grading:

Covering Coal and Acid- and Toxic-Forming Materials). Texas previously

proposed only to require the permittee to meet the requirements of

Sec. 12.385.

4. Sec. 12.388, Backfilling and Grading--Thick Overburden. Texas

revised its proposal at Sec. 12.388(2) to require the permittee to meet

the requirements of Secs. 12.385 and 12.386 (relating to Backfilling

and Grading: General Requirements, and to Backfilling and Grading:

Covering Coal and Acid-and Toxic-Forming Materials). Texas previously

proposed only to require the permittee to meet the requirements of

Sec. 12.385.

5. 12.620, Prime Farmland--Applicability and Special Requirements.

Texas withdrew the previously proposed revisions to this section of its

regulations.

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 proposed 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.

[[Page 23408]]

IV. Procedural Determinations

Executive Order 12866

This proposed 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 (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.

Unfunded Mandates

OSM has determined and certifies pursuant to the Unfunded Mandates

Reform Act (2 U.S.C. 1502 et seq.) that this rule will not impose a

cost of $100 million or more in any given year on local, state, or

tribal governments or private entities.

List of Subjects in 30 CFR Part 943

Intergovernmental relations, Surface mining, Underground mining.

Dated: April 20, 1998.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 98-11282 Filed 4-28-98; 8:45 am]

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