[Federal Register Volume 70, Number 228 (Tuesday, November 29, 2005)]
[Proposed Rules]
[Pages 71441-71444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23402]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 943
[Docket No. TX-055-FOR]
Texas Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are announcing receipt of a proposed amendment to the Texas
regulatory program (Texas program) under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the Act). Texas proposes revisions to
and additions of regulations and statutes regarding the State's annual
fees that are required from coal mining permit holders. In addition to
the current annual fee, Texas proposes to add two new annual fees.
Texas intends to revise its program to reduce the economic cost to the
coal mining industry as a whole and to require coal mining permit
holders that have ceased mining to pay annual fees.
This document gives the times and locations that the Texas program
and proposed amendment to that program are available for your
inspection, the comment period during which you may submit written
comments on the amendment, and the procedures that we will follow for
the public hearing, if one is requested.
DATES: We will accept written comments on this amendment until 4 p.m.,
c.t., December 29, 2005. If
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requested, we will hold a public hearing on the amendment on December
27, 2005. We will accept requests to speak at a hearing until 4 p.m.,
c. t. on December 14, 2005.
ADDRESSES: You may submit comments, identified by Docket No. TX-055-
FOR, by any of the following methods:
E-mail: [email protected]. Include ``Docket No. TX-055-
FOR'' in the subject line of the message.
Mail/Hand Delivery: Michael C. Wolfrom, Director, Tulsa
Field Office, Office of Surface Mining Reclamation and Enforcement,
5100 East Skelly Drive, Suite 470, Tulsa, Oklahoma 74135-6547.
Fax: (918) 581-6419.
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. For detailed instructions on
submitting comments and additional information on the rulemaking
process, see the ``Public Comment Procedures'' heading of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: For access to the docket to review copies of the Texas
program, this amendment, a listing of any scheduled public hearings,
and all written comments received in response to this document, you
must go to the address listed below during normal business hours,
Monday through Friday, excluding holidays. You may receive one free
copy of the 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. E-mail: [email protected].
In addition, you may review a copy of the amendment during regular
business hours at the following location: Surface Mining and
Reclamation Division, Railroad Commission of Texas, 1701 North Congress
Avenue, Austin, Texas 78711-2967.
Telephone: (512) 463-6900.
FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa
Field Office. Telephone: (918) 581-6430. E-mail: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Texas Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Texas Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its program includes, among other things, ``a State law which provides
for the regulation of surface coal mining and reclamation operations in
accordance with the requirements of this Act * * *; and rules and
regulations consistent with regulations issued by the Secretary
pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On the basis
of these criteria, the Secretary of the Interior conditionally approved
the Texas program effective February 16, 1980. You can find background
information on the Texas program, including the Secretary's findings,
the disposition of comments, and the conditions of approval of the
Texas program in the February 27, 1980, Federal Register (45 FR 12998).
You can also find later actions concerning the Texas program and
program amendments at 30 CFR 943.10, 943.15 and 943.16.
II. Description of the Proposed Amendment
By letter dated October 6, 2005 (Administrative Record No. TX-660),
Texas sent us an amendment to its program under SMCRA (30 U.S.C. 1201
et seq.). Texas sent the amendment at its own initiative. Below is a
summary of the changes proposed by Texas. The full text of the program
amendment is available for you to read at the locations listed above
under ADDRESSES.
A. Revisions to Texas' Statutes
Section 134.055 of the Texas Natural Resources Code currently
requires each permit holder to pay an annual mined acreage fee for each
acre of land in the permit area on which the permit holder actually
conducted operations for removing coal during the year. Presently, this
fee cannot be less than $120.00 per acre. Texas proposes to revise
section 134.055 by eliminating the $120.00 per acre minimum fee and
allowing the Railroad Commission of Texas (Commission) to determine the
amount of this fee. Texas also proposes to add two new annual fees; a
mining permit fee for mining permits in effect at the end of a calendar
year and a bond acreage fee for each acre of land in the bonded permit
area. Texas proposes to allow the Commission to determine the amount of
each of the two new annual fees.
B. Revisions to Texas' Regulations
Texas proposes to revise its regulations at 16 Texas Administrative
Code (TAC) 12.108, regarding permit fees, to implement the above
proposed statutory amendments.
Texas proposes to add the title, ``Application Fees,'' and the
title, ``Annual Fees,'' to paragraph (a) and paragraph (b),
respectively, and to require the fees due and payable no later than
March 15th of the year following the year for which these fees are
applicable.
Texas also proposes to reduce the current annual mined acreage fee
from $390.00 per acre to $160.00 per acre for each acre of land within
the permit area on which coal or lignite was actually removed during
the calendar year. In addition, Texas proposes to add a new bond
acreage fee and proposes to set it at $3.00 per acre for each acre of
land within a permit area covered by a reclamation bond on December
31st of the year. Finally, Texas proposes to add a new mining permit
fee and proposes to set it at $3,550.00 for each permit in effect on
December 31st of the year.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether the amendment satisfies the applicable program
approval criteria of 30 CFR 732.15. If we approve the amendment, it
will become part of the State program.
Written Comments
Send your written or electronic comments to OSM at the address
given above. Your written comments should be specific, pertain only to
the issues proposed in this rulemaking, and include explanations in
support of your recommendations. We will not consider or respond to
your comments when developing the final rule if they are received after
the close of the comment period (see DATES). We will make every attempt
to log all comments into the administrative record, but comments
delivered to an address other than the Tulsa Field Office may not be
logged in.
Electronic Comments
Please submit Internet comments as an ASCII or Word file avoiding
the use of special characters and any form of encryption. Please also
include ``Attn: Docket No. TX-055-FOR'' and your name and return
address in your Internet message. If you do not receive a confirmation
that we have received your Internet message, contact the Tulsa Field
Office at (918) 581-6430.
[[Page 71443]]
Availability of Comments
We will make comments, including names and addresses of
respondents, available for public review during normal business hours.
We will not consider anonymous comments. If individual respondents
request confidentiality, we will honor their request to the extent
allowable by law. Individual respondents who wish to withhold their
name or address from public review, except for the city or town, must
state this prominently at the beginning of their comments. We will make
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public review in their entirety.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., c.t. on
December 14, 2005. If you are disabled and need special accommodations
to attend a public hearing, contact the person listed under FOR FURTHER
INFORMATION CONTACT. We will arrange the location and time of the
hearing with those persons requesting the hearing. If no one requests
an opportunity to speak, we will not hold a hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at the public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone scheduled to
speak has been given an opportunity to be heard. If you are in the
audience and have not been scheduled to speak and wish to do so, you
will be allowed to speak after those who have been scheduled. We will
end the hearing after everyone scheduled to speak and others present in
the audience who wish to speak, have been heard.
Public Meeting
If only one person requests an opportunity to speak, we may hold a
public meeting rather than a public hearing. If you wish to meet with
us to discuss the amendment, please request a meeting by contacting the
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings
are open to the public and, if possible, we will post notices of
meetings at the locations listed under ADDRESSES. We will make a
written summary of each meeting a part of the administrative record.
IV. Procedural Determinations
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal regulation.
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 and has determined that 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 because
each 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.
Executive Order 13132--Federalism
This rule does not have Federalism implications. SMCRA delineates
the roles of the Federal and State governments with regard to the
regulation of surface coal mining and reclamation operations. One of
the purposes of SMCRA is to ``establish a nationwide program to protect
society and the environment from the adverse effects of surface coal
mining operations.'' Section 503(a)(1) of SMCRA requires that State
laws regulating surface coal mining and reclamation operations be ``in
accordance with'' the requirements of SMCRA, and section 503(a)(7)
requires that State programs contain rules and regulations ``consistent
with'' regulations issued by the Secretary pursuant to SMCRA.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on Federally-recognized Indian tribes
and have determined that the rule does not have substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
This determination is based on the fact that the Texas program does not
regulate coal exploration and surface coal mining and reclamation
operations on Indian lands. Therefore, the Texas program has no effect
on Federally-recognized Indian tribes.
Executive Order 13211--Regulations That Significantly Affect The
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
This rule does not require an environmental impact statement
because 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 certifies 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. In making the determination as to whether this rule would
have a significant
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economic impact, the Department relied upon the data and assumptions
for the counterpart Federal regulations.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not
have an annual effect on the economy of $100 million; (b) Will not
cause a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions; and (c) Does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation was not considered a
major rule.
Unfunded Mandates
This rule will not impose an unfunded mandate on State, local, or
tribal governments or the private sector of $100 million or more in any
given year. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation did not impose an
unfunded mandate.
List of Subjects in 30 CFR Part 943
Intergovernmental relations, Surface mining, Underground mining.
Dated: November 1, 2005.
Charles E. Sandberg,
Regional Director, Mid-Continent Region.
[FR Doc. 05-23402 Filed 11-28-05; 8:45 am]
BILLING CODE 4310-05-P