[Federal Register Volume 71, Number 218 (Monday, November 13, 2006)]
[Proposed Rules]
[Pages 66150-66153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19084]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 943
[Docket No. TX-056-FOR]
Texas Abandoned Mine Land Reclamation Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
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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
abandoned mine land reclamation plan (Texas plan) under the Surface
Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The
Railroad Commission of Texas, Surface Mining and Reclamation Division
(RCT or commission) proposes to assume responsibility of the abandoned
mine land reclamation (AMLR) emergency program in Texas. The RCT also
proposes to revise its AMLR plan to reflect current practices and to
update information regarding procedures for rights of entry, staffing,
and emergency purchases. Texas intends to revise the Texas plan to be
consistent with the corresponding Federal regulations and to improve
operational efficiency.
This document gives the times and locations that the Texas plan and
the amendment to that plan are available for your inspection, the
comment period during which you may submit written comments on the
amendment, and the procedures that will be followed for the public
hearing, if one is requested.
DATES: We will accept written comments on this amendment until 4 p.m.,
c.t., December 13, 2006. If requested, we will hold a public hearing on
the amendment on December 8, 2006. We will accept requests to speak at
a hearing until 4 p.m., c.t. on November 28, 2006.
ADDRESSES: You may submit comments, identified by Docket No. TX-056-
FOR, by any of the following methods:
E-mail: [email protected]. Include ``Docket No. TX-056-
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,
1645 South 101st East Avenue, Suite 145, Tulsa, Oklahoma 74128.
Fax: (918) 581-6419.
[[Page 66151]]
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, 1645 South 101st East Avenue, Suite
145, Tulsa, Oklahoma 74128, 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 Plan
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Texas Plan
The Abandoned Mine Land Reclamation Program was established by
Title IV of the Act (30 U.S.C. 1201 et seq.) in response to concerns
over extensive environmental damage caused by past coal mining
activities. The program is funded by a reclamation fee collected on
each ton of coal that is produced. The money collected is used to
finance the reclamation of abandoned coal mines and for other
authorized activities. Section 405 of the Act allows States and indian
tribes to assume exclusive responsibility for reclamation activity
within the State or on indian lands if they develop and submit to the
Secretary of the Interior (Secretary) for approval, a program (often
referred to as a plan) for the reclamation of abandoned coal mines. On
the basis of these criteria, the Secretary approved the Texas plan on
June 23, 1980. You can find background information on the Texas plan,
including the Secretary's findings, the disposition of comments, and
the approval of the plan in the June 23, 1980, Federal Register (45 FR
41937). You can find later actions concerning the Texas plan and
amendments to the plan at 30 CFR 943.25.
II. Description of the Proposed Amendment
By letter dated October 11, 2006 (Administrative Record No. TAML-
661), Texas sent us a proposed amendment to its plan under SMCRA (30
U.S.C. 1201 et seq.). Texas sent the amendment at its own initiative.
Texas proposes to assume the AMLR emergency program. Below is a summary
of the changes proposed by Texas. The full text of the amendment is
available for your inspection at the locations listed above under
ADDRESSES.
Texas' Proposed AMLR Plan Revisions
Section 410 of SMCRA authorizes the Secretary to use funds under
the AMLR program to abate or control emergency situations in which
adverse effects of past coal mining pose an immediate danger to the
public health, safety, or general welfare. On September 29, 1982 (47 FR
42729), we invited states to amend their AMLR plans for the purpose of
undertaking emergency reclamation programs on our behalf. States would
have to demonstrate that they have the statutory authority to undertake
emergencies, the technical capability to design and supervise the
emergency work, and the administrative mechanisms to quickly respond to
emergencies either directly or through contractors.
The RCT submitted documentation to demonstrate the statutory
authority, the technical capability, and the administrative mechanisms
to quickly respond to emergencies either directly or through
contractors to meet our requirements.
Texas proposes changes to its AMLR plan narrative at 884.13(c)(6),
rights of entry; 884.13(d)(2), staffing; and 884.13(d)(3), purchasing
and procurement. Texas also proposes to add a new section at
884.13(d)(3) for emergency purchases.
1. In the first paragraph of 884.13(c)(6), Texas proposes to update
the references to its old regulations at Texas Coal Mining Regulations
(TCMR) sections 806, 807, and 807(b) to its recodified regulations at
16 Texas Administrative Code (TAC) sections 12.813, 12.814, and
12.814(c).
In the second paragraph of 884.13(c)(6), Texas proposes to remove
the phrase, ``[i]f requested by OSM to perform as its agent or
contractor.'' The revised paragraph reads as follows:
The Commission will enter upon any land where an emergency
exists and on any other land to have access to the land where the
emergency exists to restore, reclaim, abate, control or prevent the
adverse effects of coal mining practices and to do all things
necessary or expedient to protect the public health, safety, or
general welfare.
2. Texas proposes to change its AMLR plan narrative at 884.13(d)(2)
regarding ``staffing'' to demonstrate Texas'' technical capability to
design and supervise the emergency work. Texas also proposes to include
an organizational chart. The proposed narrative for this section reads
as follows:
The Surface Mining and Reclamation Division's Abandoned Mine
Land Reclamation Program staff has demonstrated experience in
developing and managing AML projects. Areas of expertise include
realty (rights of entry, appraisal and liens), environmental
assessment, engineering design, construction and contract management
and revegetation and erosion control.
The Division's Administration and Records Section also provides
administrative support. The Commission's Finance and Accounting
Division provides purchasing and contracting support and legal
support is provided by the Commission's Office of General Counsel.
3. Texas proposes to update its purchasing and procurement
procedures at 884.13(d)(3) and to include a new section, emergency
purchases.
a. Texas proposes a new introductory paragraph for its general
purchasing and procurement procedures as follows:
The Railroad Commission adheres to purchasing and procurement
procedures and regulations established by the Texas Building and
Procurement Commission (TBPC). Purchasing and procurement authority
has been delegated to the Railroad Commission by TBPC. The
appropriate bidding processes are established by TBPC for various
purchase amounts (Texas Administrative Code, Title 1, Part 5,
Chapter 113, Subchapter A, Section 113.11(e)(4)(C)). The Railroad
Commission has correspondingly established purchase authority levels
associated with those purchase amount thresholds.
b. Texas also proposes to add a new section regarding emergency
purchases.
(1) The new introductory paragraph reads as follows:
The Texas Building and Procurement Commission authorizes state
agencies to make emergency purchases and has established procedures
for doing so (Texas Government Code, Title 10, Subtitle D, Section
2155.137, and Title 1, Texas Administrative Code, Title 1, Part 5,
Chapter
[[Page 66152]]
113, Subchapter A, Section 113.11(e)(4)(C)). Section 2.18 of the
State of Texas Procurement Manual reads as follows:
(2) The paragraph on ``agency responsibility'' states that Texas
Building and Procurement Commission (TBPC) has delegated to all State
agencies the authority to make emergency purchases with the proviso
that emergency procurements are subject to TBPC's rules and procedures.
(3) The paragraph on ``solicitation procedures'' allows State
agencies to make emergency purchases of at least $25,000 without
posting them in the Electronic State Business Daily.
(4) The paragraph on ``justification requirements'' requires State
agencies to send a letter of justification to TBPC documenting the
emergency.
(5) The paragraph on ``audit requirements'' states that emergency
purchases of goods and services over $25,000 are subject to pre-payment
audits by TBPC.
III. Public Comment Procedures
Under the provisions of 30 CFR 884.15(a), we are requesting
comments on whether the amendment satisfies the applicable State
reclamation plan approval criteria of 30 CFR 884.14. If we approve the
amendment, it will become part of the Texas plan and Texas will be
eligible to receive funding to conduct the AMLR Emergency Program in
Texas.
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: TX-056-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.
Availability of Comments
We will make comments, including names and addresses of
respondents, available for public review during normal business hours.
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
November 28, 2006. 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, to the
extent required 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 and tribal abandoned
mine land reclamation plans and plan amendments because each program is
drafted and promulgated by a specific State or tribe, not by OSM.
Decisions on proposed abandoned mine land reclamation plans and plan
amendments submitted by a State or tribe are based solely on a
determination of whether the submittal meets the requirements of Title
IV of SMCRA (30 U.S.C. 1231-1243) and 30 CFR part 884 of the Federal
regulations.
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 abandoned mine land reclamation programs. 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 405(d) of SMCRA requires State abandoned
mine land reclamation programs to be in compliance with the procedures,
guidelines, and requirements established under 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 plan does not
provide for reclamation and restoration of land and water resources
adversely affected by
[[Page 66153]]
past coal mining on indian lands. Therefore, the Texas plan 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 agency decisions on proposed State and tribal abandoned mine
land reclamation plans and plan amendments are categorically excluded
from compliance with the National Environmental Policy Act (42 U.S.C.
4332) by the Manual of the Department of the Interior (516 DM
13.5B(29)).
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 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: October 24, 2006.
Ervin J. Barchenger,
Acting Regional Director, Mid-Continent Region.
[FR Doc. E6-19084 Filed 11-9-06; 8:45 am]
BILLING CODE 4310-05-P