Texas Regulatory Program, 14179-14181 [E8-5315]
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Federal Register / Vol. 73, No. 52 / Monday, March 17, 2008 / Rules and Regulations
Regulatory Certifications
Regulatory Flexibility Act
The granting of exemption status
relieves persons who handle the
exempted products in the course of
legitimate business from the
registration, recordkeeping, security,
and other requirements imposed by the
CSA. Accordingly, the Deputy Assistant
Administrator certifies that this action
will not have a significant economic
impact upon a substantial number of
small entities whose interests must be
considered under the Regulatory
Flexibility Act (5 U.S.C. 601–612).
Executive Order 12866
The Deputy Assistant Administrator
further certifies that this rulemaking has
been drafted in accordance with the
principles in Executive Order 12866. It
has been determined that this is not a
significant regulatory action. Therefore,
this action has not been reviewed by the
Office of Management and Budget. This
final rule exempts the identified steroid
products from the regulatory controls
that apply to controlled substances.
This rule meets the applicable
standards set forth in sections 3(a) and
3(b)(2) of Executive Order 12988 Civil
Justice Reform.
Executive Order 13132
This rule does not preempt or modify
any provision of state law; nor does it
impose enforcement responsibilities on
any state; nor does it diminish the
power of any state to enforce its own
laws. Accordingly, this rulemaking does
not have federalism implications
warranting the application of Executive
Order 13132.
Unfunded Mandates Reform Act of 1995
This rule will not result in the
expenditure by State, local or tribal
governments, in the aggregate, or by the
private sector, of $120,000,000 or more
(adjusted for inflation) in any one year,
and will not significantly or uniquely
affect small governments. Therefore, no
actions were deemed necessary under
the provisions of the Unfunded
Mandates Reform Act of 1995.
jlentini on PROD1PC65 with RULES
Congressional Review Act
This rule is not a major rule as
defined by § 804 of the Small Business
Regulatory Enforcement Fairness Act of
1996 (Congressional Review Act). This
rule will not result in an annual effect
on the economy of $100 million or
more, a major increase in costs or prices,
or significant adverse effects on
competition, employment, investment,
16:00 Mar 14, 2008
21 CFR Part 1308—Schedules of
Controlled Substances
The Interim Rule with Request for
Comment amending the list of exempt
anabolic steroid products described in
21 CFR 1308.34 published at 71 FR
51996, September 1, 2006 is hereby
adopted as a final rule without change.
Dated: March 8, 2008.
Joseph T. Rannazzisi,
Deputy Assistant Administrator, Office of
Diversion Control.
[FR Doc. E8–5173 Filed 3–14–08; 8:45 am]
BILLING CODE 4410–09–P
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by demonstrating that its State 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, in the February 27, 1980,
Federal Register (45 FR 12998). You can
find later actions on the Texas program
at 30 CFR 943.10, 943.15, and 943.16.
II. Submission of the Amendment
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 943
[SATS No. TX–058–FOR; Docket No. OSM–
2007–0018]
Executive Order 12988
VerDate Aug<31>2005
productivity, innovation, or on the
ability of United States-based
companies to compete with foreignbased companies in domestic and
export markets.
14179
Texas Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of
amendment.
AGENCY:
SUMMARY: We, the Office of Surface
Mining Reclamation and Enforcement
(OSM), are approving an amendment to
the Texas regulatory program (Texas
program) under the Surface Mining
Control and Reclamation Act of 1977
(SMCRA or the Act). Texas proposed
revisions to its regulations regarding
annual permit fees. Texas intends to
revise its program to improve
operational efficiency.
DATES: Effective Date: March 17, 2008.
FOR FURTHER INFORMATION CONTACT:
Alfred L. Clayborne, Director, Tulsa
Field Office. Telephone: (918) 581–
6430. E-mail: aclayborne@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Texas Program
II. Submission of the Amendment
III. OSM’s Findings
IV. Summary and Disposition of Comments
V. OSM’s Decision
VI. 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
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By letter dated October 2, 2007
(Administrative Record No. TX–664),
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.
We announced receipt of the
proposed amendment in the December
17, 2007, Federal Register (72 FR
71293). In the same document, we
opened the public comment period and
provided an opportunity for a public
hearing or meeting on the adequacy of
the amendment. We did not hold a
public hearing or meeting because no
one requested one. The public comment
period ended on January 16, 2008. We
did not receive any public comments.
III. OSM’s Findings
Following are the findings we made
concerning the amendment under
SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17. We are
approving the amendment as described
below. Any revisions that we do not
specifically discuss below concern
nonsubstantive wording or editorial
changes.
16 Texas Administrative Code (TAC)
Section 12.108 Permit Fees
Texas proposed to revise its
regulations at 16 TAC section
12.108(b)(1) through (b)(3) regarding
annual permit fees by:
(1) Decreasing, from $160.00 per acre
to $150.00 per acre, the amount of the
fee in paragraph (b)(1) for each acre of
land within the permit area on which
coal or lignite was actually removed
during the calendar year,
(2) Increasing, from $3.00 to $3.75, the
amount of the fee in paragraph (b)(2) for
each acre of land within a permit area
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14180
Federal Register / Vol. 73, No. 52 / Monday, March 17, 2008 / Rules and Regulations
covered by a reclamation bond on
December 31st of the year, and
(3) Increasing, from $3,550.00 to
$4,200.00, the amount of the fee in
paragraph (b)(3) for each permit in effect
on December 31st of the year.
The Federal regulations at 30 CFR
777.17, concerning permit fees, provide
that applications for surface coal mining
permits must be accompanied by a fee
determined by the regulatory authority.
The Federal regulations also provide
that the fees may be less than, but not
more than the actual or anticipated cost
of reviewing, administering, and
enforcing the permit. In its letter dated
October 2, 2007 (Administrative Record
No. TX–664), Texas advised us that the
monies collected from the revised
annual permit fees, when coupled with
the permit application fees are not
expected to exceed 50 percent of the
anticipated costs to administer the coal
mining regulatory program for State
fiscal years 2007 and 2008.
We find that Texas’ proposed permit
fees including the annual permit fees
are reasonable and are consistent with
the discretionary authority provided by
the Federal regulations at 30 CFR
777.17.
IV. Summary and Disposition of
Comments
We asked for public comments on the
amendment, but did not receive any.
Federal Agency Comments
On November 9, 2007, under 30 CFR
732.17(h)(11)(i) and section 503(b) of
SMCRA, we requested comments on the
amendment from various Federal
agencies with an actual or potential
interest in the Texas program
(Administrative Record No. TX–664.01).
We did not receive any comments.
jlentini on PROD1PC65 with RULES
Environmental Protection Agency (EPA)
Concurrence and Comments
Under 30 CFR 732.17(h)(11)(ii), we
are required to get a written concurrence
from EPA for those provisions of the
program amendment that relate to air or
water quality standards issued under
the authority of the Clean Water Act (33
U.S.C. 1251 et seq.) or the Clean Air Act
(42 U.S.C. 7401 et seq.). None of the
revisions that Texas proposed to make
in this amendment pertain to air or
water quality standards. Therefore, we
did not ask EPA to concur on the
amendment. However, on November 9,
2007, under 30 CFR 732.17(h)(11)(i), we
requested comments on the amendment
from the EPA (Administrative Record
No. TX–664.01). The EPA did not
respond to our request.
16:00 Mar 14, 2008
Jkt 214001
V. OSM’s Decision
Based on the above findings, we
approve the amendment Texas sent us
on October 2, 2007.
To implement this decision, we are
amending the Federal regulations at 30
CFR Part 943, which codify decisions
concerning the Texas program. We find
that good cause exists under 5 U.S.C.
553(d)(3) to make this final rule
effective immediately. Section 503(a) of
SMCRA requires that the State’s
program demonstrate that the State has
the capability of carrying out the
provisions of the Act and meeting its
purposes. Making this rule effective
immediately will expedite that process.
SMCRA requires consistency of State
and Federal standards.
VI. Procedural Determinations
Public Comments
VerDate Aug<31>2005
State Historical Preservation Officer
(SHPO) and the Advisory Council on
Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are
required to request comments from the
SHPO and ACHP on amendments that
may have an effect on historic
properties. On November 9, 2007, we
requested comments on Texas’
amendment (Administrative Record No.
TX–664.01), but neither responded to
our request.
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
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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 federallyrecognized 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 federallyrecognized 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.
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Federal Register / Vol. 73, No. 52 / Monday, March 17, 2008 / Rules and Regulations
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
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
14181
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: February 22, 2008.
Ervin J. Barchenger,
Acting Regional Director, Mid-Continent
Region.
For the reasons set out in the
preamble, 30 CFR part 943 is amended
as set forth below:
I
PART 943—TEXAS
1. The authority citation for part 943
continues to read as follows:
I
Authority: 30 U.S.C. 1201 et seq.
2. Section 943.15 is amended in the
table by adding a new entry in
chronological order by ‘‘Date of final
publication’’ to read as follows:
I
§ 943.15 Approval of Texas regulatory
program amendments.
*
*
*
*
*
Original amendment
submission date
Date of final publication
*
*
October 2, 2007 ................................................
*
*
*
March 17, 2008 .................................................
*
*
16 TAC 12.108(b)(1) through (b)(3).
[FR Doc. E8–5315 Filed 3–14–08; 8:45 am]
damage to the Herbert C. Bonner Bridge
during fender repair work. This rule
will enhance the safety of vessels
transiting the area and vehicles crossing
over the bridge during periods of
reduced horizontal clearance in the
main navigation channel.
DATES: This rule is effective from 5 a.m.
on April 16, 2008 through 8 p.m. May
31, 2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0045 and are available online at
www.regulations.gov. They are also
available for inspection or copying at
the Docket Management Facility (M–30),
U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays and at the
United States Coast Guard District Five
Legal Office, 431 Crawford Street,
Portsmouth, Virginia between 9 a.m.
and 3 p.m.
FOR FURTHER INFORMATION CONTACT: If
you have questions concerning this
temporary final rule, phone CWO4
Stephen Lyons, Waterways Management
Division Chief, Sector North Carolina, at
(252) 247–4525. If you have questions
on viewing the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
BILLING CODE 4310–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[USCG–2008–0045]
RIN 1625–AA11
Regulated Navigation Area: Herbert C.
Bonner Bridge, Oregon Inlet, NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
jlentini on PROD1PC65 with RULES
ACTION:
SUMMARY: The Coast Guard proposes to
establish a temporary regulated
navigation area (RNA) on the waters of
Oregon Inlet, NC. The regulated
navigation area (RNA) is needed to
minimize the risk of potential structural
VerDate Aug<31>2005
16:00 Mar 14, 2008
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Citation/description
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM. Immediate
action is needed to protect the maritime
public from the hazards associated with
this maintenance project. The necessary
information to determine whether the
construction poses a threat to persons
and vessels was not provided with
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]]>Agencies
[Federal Register Volume 73, Number 52 (Monday, March 17, 2008)]
[Rules and Regulations]
[Pages 14179-14181]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5315]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 943
[SATS No. TX-058-FOR; Docket No. OSM-2007-0018]
Texas Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are approving an amendment to the Texas regulatory program
(Texas program) under the Surface Mining Control and Reclamation Act of
1977 (SMCRA or the Act). Texas proposed revisions to its regulations
regarding annual permit fees. Texas intends to revise its program to
improve operational efficiency.
DATES: Effective Date: March 17, 2008.
FOR FURTHER INFORMATION CONTACT: Alfred L. Clayborne, Director, Tulsa
Field Office. Telephone: (918) 581-6430. E-mail: aclayborne@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Texas Program
II. Submission of the Amendment
III. OSM's Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. 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 State 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, in the February 27, 1980, Federal Register (45 FR 12998).
You can find later actions on the Texas program at 30 CFR 943.10,
943.15, and 943.16.
II. Submission of the Amendment
By letter dated October 2, 2007 (Administrative Record No. TX-664),
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.
We announced receipt of the proposed amendment in the December 17,
2007, Federal Register (72 FR 71293). In the same document, we opened
the public comment period and provided an opportunity for a public
hearing or meeting on the adequacy of the amendment. We did not hold a
public hearing or meeting because no one requested one. The public
comment period ended on January 16, 2008. We did not receive any public
comments.
III. OSM's Findings
Following are the findings we made concerning the amendment under
SMCRA and the Federal regulations at 30 CFR 732.15 and 732.17. We are
approving the amendment as described below. Any revisions that we do
not specifically discuss below concern nonsubstantive wording or
editorial changes.
16 Texas Administrative Code (TAC) Section 12.108 Permit Fees
Texas proposed to revise its regulations at 16 TAC section
12.108(b)(1) through (b)(3) regarding annual permit fees by:
(1) Decreasing, from $160.00 per acre to $150.00 per acre, the
amount of the fee in paragraph (b)(1) for each acre of land within the
permit area on which coal or lignite was actually removed during the
calendar year,
(2) Increasing, from $3.00 to $3.75, the amount of the fee in
paragraph (b)(2) for each acre of land within a permit area
[[Page 14180]]
covered by a reclamation bond on December 31st of the year, and
(3) Increasing, from $3,550.00 to $4,200.00, the amount of the fee
in paragraph (b)(3) for each permit in effect on December 31st of the
year.
The Federal regulations at 30 CFR 777.17, concerning permit fees,
provide that applications for surface coal mining permits must be
accompanied by a fee determined by the regulatory authority. The
Federal regulations also provide that the fees may be less than, but
not more than the actual or anticipated cost of reviewing,
administering, and enforcing the permit. In its letter dated October 2,
2007 (Administrative Record No. TX-664), Texas advised us that the
monies collected from the revised annual permit fees, when coupled with
the permit application fees are not expected to exceed 50 percent of
the anticipated costs to administer the coal mining regulatory program
for State fiscal years 2007 and 2008.
We find that Texas' proposed permit fees including the annual
permit fees are reasonable and are consistent with the discretionary
authority provided by the Federal regulations at 30 CFR 777.17.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment, but did not receive
any.
Federal Agency Comments
On November 9, 2007, under 30 CFR 732.17(h)(11)(i) and section
503(b) of SMCRA, we requested comments on the amendment from various
Federal agencies with an actual or potential interest in the Texas
program (Administrative Record No. TX-664.01). We did not receive any
comments.
Environmental Protection Agency (EPA) Concurrence and Comments
Under 30 CFR 732.17(h)(11)(ii), we are required to get a written
concurrence from EPA for those provisions of the program amendment that
relate to air or water quality standards issued under the authority of
the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean Air Act (42
U.S.C. 7401 et seq.). None of the revisions that Texas proposed to make
in this amendment pertain to air or water quality standards. Therefore,
we did not ask EPA to concur on the amendment. However, on November 9,
2007, under 30 CFR 732.17(h)(11)(i), we requested comments on the
amendment from the EPA (Administrative Record No. TX-664.01). The EPA
did not respond to our request.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are required to request comments from
the SHPO and ACHP on amendments that may have an effect on historic
properties. On November 9, 2007, we requested comments on Texas'
amendment (Administrative Record No. TX-664.01), but neither responded
to our request.
V. OSM's Decision
Based on the above findings, we approve the amendment Texas sent us
on October 2, 2007.
To implement this decision, we are amending the Federal regulations
at 30 CFR Part 943, which codify decisions concerning the Texas
program. We find that good cause exists under 5 U.S.C. 553(d)(3) to
make this final rule effective immediately. Section 503(a) of SMCRA
requires that the State's program demonstrate that the State has the
capability of carrying out the provisions of the Act and meeting its
purposes. Making this rule effective immediately will expedite that
process. SMCRA requires consistency of State and Federal standards.
VI. 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.
[[Page 14181]]
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 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: February 22, 2008.
Ervin J. Barchenger,
Acting Regional Director, Mid-Continent Region.
0
For the reasons set out in the preamble, 30 CFR part 943 is amended as
set forth below:
PART 943--TEXAS
0
1. The authority citation for part 943 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
2. Section 943.15 is amended in the table by adding a new entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 943.15 Approval of Texas regulatory program amendments.
* * * * *
------------------------------------------------------------------------
Original amendment Date of final
submission date publication Citation/description
------------------------------------------------------------------------
* * * * * * *
October 2, 2007............. March 17, 2008...... 16 TAC 12.108(b)(1)
through (b)(3).
------------------------------------------------------------------------
[FR Doc. E8-5315 Filed 3-14-08; 8:45 am]
BILLING CODE 4310-05-P
