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Federal Register / Vol. 71, No.

98 / Monday, May 22, 2006 / Proposed Rules 29285

Dated: May 10, 2006. PART 250—OIL AND GAS AND 2. In § 250.198, the following
R.M. ‘‘Johnnie’’ Burton, SULPHUR OPERATIONS IN THE document incorporated by reference is
Acting Assistant Secretary, Land and OUTER CONTINENTAL SHELF added to the table in paragraph (e) in
Minerals Management. alphanumerical order.
1. The authority citation for part 250
For the reasons stated in the § 250.198 Documents incorporated by
continues to read as follows: reference.
preamble, the Minerals Management
Service (MMS) proposes to amend 30 Authority: 43 U.S.C. 1331, et seq., 31 * * * * *
CFR part 250 as follows: U.S.C. 9701. (e) * * *

Title of documents by reference

* * * * * * *
API RP 65, Recommended Practice for Cementing Shallow Water Flow Zones in Deep Water Wells, First Edition, September, § 250.415(e).
2002. Product No. G56001

* * * * * * *

3. In § 250.415, add a new paragraph of an amendment to the Texas Secretary’s findings, the disposition of
(e) as set forth below. regulatory program (Texas program) comments, and the conditions of
under the Surface Mining Control and approval, in the February 27, 1980,
§ 250.415 What must my casing and Reclamation Act of 1977 (SMCRA or the Federal Register (45 FR 12998). You can
cementing programs include?
Act). Texas proposed revisions to and find later actions on the Texas program
* * * * * additions of regulations regarding coal at 30 CFR 943.10, 943.15, and 943.16.
(e) For wells drilled in water depths combustion by-products and coal
greater than 500 feet, show how you II. Submission of the Proposed
combustion products. Texas intended to
evaluated the best practices included in Amendment
revise its program to clarify how the use
API RP 65, Recommended Practice for and disposal of coal combustion by- By letter dated December 9, 2003
Cementing Shallow Water Flow Zones products and coal combustion products (Administrative Record No. TX–656),
in Deep Water Wells (incorporated by are regulated at coal mine sites in Texas. Texas sent us an amendment to its
reference as specified in § 250.198), to By letter dated April 11, 2006, Texas program under SMCRA (30 U.S.C. 1201
design your cement program to withdrew the amendment at its own et seq.). Texas sent the amendment at its
minimize the consequences of initiative. own initiative.
encountering a shallow water flow for We announced receipt of the
the following two areas: DATES: This withdrawal is made on May proposed amendment in the February 3,
(1) An ‘‘area with an unknown 22, 2006. 2004, Federal Register (69 FR 5102). In
shallow water flow potential’’ is a zone FOR FURTHER INFORMATION CONTACT: the same document, we opened the
or geologic formation where neither the Michael C. Wolfrom, Director, Tulsa public comment period and provided an
presence nor absence of potential for a Field Office. Telephone: (918) 581– opportunity for a public hearing or
shallow water flow has been confirmed. 6430. E-mail: mwolfrom@osmre.gov. meeting on the adequacy of the
(2) An ‘‘area known to contain a SUPPLEMENTARY INFORMATION: amendment. At the request of nine
shallow water flow hazard’’ is a zone or citizen groups and two industry groups,
I. Background on the Texas Program
geologic formation for which drilling II. Submission of the Proposed we held a public hearing in Austin,
has confirmed the presence of shallow Amendment Texas, on March 1, 2004. We entered a
water flow. transcript of the public hearing into the
[FR Doc. E6–7792 Filed 5–19–06; 8:45 am] I. Background on the Texas Program administrative record (Administrative
BILLING CODE 4310–MR–P Section 503(a) of the Act permits a Record No. TX–656.31). At the request
State to assume primacy for the of one citizen group, we extended the
regulation of surface coal mining and public comment period on March 3,
DEPARTMENT OF THE INTERIOR reclamation operations on non-Federal 2004 (69 FR 9983). The extended public
and non-Indian lands within its borders comment period ended on March 19,
Office of Surface Mining Reclamation
by demonstrating that its State program 2004. We received comments from four
and Enforcement
includes, among other things, ‘‘a State industry groups, two State agencies, one
law which provides for the regulation of Federal agency, one consulting
30 CFR Part 943
surface coal mining and reclamation company, and ten citizen groups.
[Docket No. TX–051–FOR] operations in accordance with the During our review of the amendment,
requirements of this Act * * *; and we identified concerns about air
Texas Regulatory Program rules and regulations consistent with pollution control, hydrologic
AGENCY: Office of Surface Mining regulations issued by the Secretary information, performance bond release,
Reclamation and Enforcement, Interior. pursuant to this Act.’’ See 30 U.S.C. recordkeeping and annual reporting,
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ACTION: Proposed rule; withdrawal of 1253(a)(1) and (7). On the basis of these and the definition of ‘‘coal combustion
proposed amendment. criteria, the Secretary of the Interior by-products.’’ We notified Texas of
conditionally approved the Texas these concerns by letters dated February
SUMMARY: We, the Office of Surface program effective February 16, 1980. 13, 2004, and May 7, 2004
Mining Reclamation and Enforcement You can find background information (Administrative Record Nos. TX–656.04
(OSM), are announcing the withdrawal on the Texas program, including the and TX–656.39). On April 11, 2006

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29286 Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

(Administrative Record No. TX–656.44), announced in the February 3, 2004, Dated: April 28, 2006.
Texas requested that we withdraw the Federal Register is withdrawn. Charles E. Sandberg,
amendment. Texas intends to revise the List of Subjects in 30 CFR Part 943 Regional Director, Mid-Continent Region
amendment and submit it at a later date. [FR Doc. E6–7735 Filed 5–19–06; 8:45 am]
Therefore, the proposed amendment Intergovernmental relations, Surface
mining, Underground mining.
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