82_FR_54513 82 FR 54292 - Texas Regulatory Program

82 FR 54292 - Texas Regulatory Program

DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement

Federal Register Volume 82, Issue 221 (November 17, 2017)

Page Range54292-54295
FR Document2017-24620

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), 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 revised its program at its own initiative to raise revenues sufficient to cover its anticipated share of costs to administer the coal regulatory program and to encourage mining companies to more quickly reclaim lands and request bond release, thereby fulfilling SMCRA's purpose of assuring the reclamation of mined land as quickly as possible.

Federal Register, Volume 82 Issue 221 (Friday, November 17, 2017)
[Federal Register Volume 82, Number 221 (Friday, November 17, 2017)]
[Rules and Regulations]
[Pages 54292-54295]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24620]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 943

[SATS No. TX-067-FOR; Docket ID: OSM-2016-0001; S1D1S SS08011000 
SX064A000 189S180110; S2D2S SS08011000 SX064A000 18XS501520]


Texas Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

[[Page 54293]]


ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE), 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 revised its program at its own 
initiative to raise revenues sufficient to cover its anticipated share 
of costs to administer the coal regulatory program and to encourage 
mining companies to more quickly reclaim lands and request bond 
release, thereby fulfilling SMCRA's purpose of assuring the reclamation 
of mined land as quickly as possible.

DATES: The effective date is December 18, 2017.

FOR FURTHER INFORMATION CONTACT: William L. Joseph, Director, Tulsa 
Field Office. Telephone: (918) 581-6430. Email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background on the Texas Program
II. Submission of the Amendment
III. OSMRE's Findings
IV. Summary and Disposition of Comments
V. OSMRE'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, State laws and 
regulations that govern surface coal mining and reclamation operations 
in accordance with the Act and consistent with the Federal regulations. 
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, 13008). 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 November 17, 2015 (Administrative Record No. TX-
705), and on its own initiative, Texas sent us an amendment to its 
program under SMCRA (30 U.S.C. 1201 et seq.). We announced receipt of 
the proposed amendment in the April 08, 2016, Federal Register (81 FR 
20591). 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 May 09, 2016. 
We did not receive any public comments.

III. OSMRE's Findings

    The 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.

16 Texas Administrative Code (TAC) Section 12.108 Permit Fees

    Texas proposed to revise its regulations at 16 TAC Sections 
12.108(b)(1)-(3), adjusting the annual coal mining permit fees for 
calendar years 2015 and 2016. Fees for mining activities during 
calendar years 2015 and 2016 were to be paid by coal mine operations by 
March 15th of the year following the calendar year for which the fees 
are applicable.
    By this amendment, Texas has:
    (1) Repealed paragraph (b)(1) regarding a fee for each acre of land 
within the permit area on which coal or lignite was actually removed 
during the calendar year;
    (2) Renumbered existing paragraphs (b)(2) and (3) to read as (b)(1) 
and (2) respectively;
    (3) Increased the fee in the new paragraph (b)(1) from $12.00 to 
$13.05 for each acre of land within a permit area covered by a 
reclamation bond on December 31st of the year; and
    (4) Increased the fee in the new paragraph (b)(2) from $6,540.00 to 
$6,600.00 for each permit in effect on December 31st of the year.
    The Federal regulations at 30 CFR 777.17 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.
    Texas' amendment describes how its coal mining regulatory program 
is funded. Texas operates on a biennial budget which appropriates 
general revenue funds for permitting and inspecting coal mining 
facilities within the state. This appropriation is contingent on the 
Railroad Commission of Texas (Commission) assessing fees sufficient to 
generate revenue to recover the general revenue appropriation. When 
calculating anticipated costs to the Commission for regulating coal 
mining activity, Texas anticipates OSMRE providing some grant funding 
for regulatory program costs based on Section 705(a) of SMCRA. Texas 
estimated that annual fees at the revised amounts in this amendment 
would result in revenue that, when coupled with permit application 
fees, was not expected to provide for more than 50 percent of the 
anticipated regulatory program costs during each year of the biennium. 
OSMRE agrees that this is a reasonable expectation in light of recent 
reductions in overall funding to states that have resulted in them 
receiving less than fifty percent of their anticipated regulatory 
program costs.
    Texas adjusts its fees biennially to recover the amounts expended 
from state appropriations in accordance with a formula and schedule 
agreed to in 2005 by the coal mining industry and the Commission. This 
amendment represents the sixth adjustment to surface mining fees based 
upon that agreement.
    We find that Texas' fee changes are consistent with the 
discretionary authority provided by the Federal regulation at 30 CFR 
777.17. Therefore, OSMRE approves Texas' permit fee changes, 
recognizing that Texas has a process to adjust its fees to cover the 
cost of its regulatory program not covered by the Federal grant.

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 February 11, 2016, pursuant to 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-705.01). We did not receive 
any comments.

Environmental Protection Agency (EPA) Concurrence and Comment

    Under 30 CFR 732.17(h)(11)(ii), we are required to get 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 February 11,

[[Page 54294]]

2016, under 30 CFR 732.17(h)(11)(i), we requested comments from the EPA 
on the amendment (Administrative Record No. TX-705.1). 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 February 11, 2016, we requested comments on Texas' 
amendment (Administrative Record No. TX-705.01), but neither the SHPO 
nor ACHP responded to our request.

V. OSMRE's Decision

    Based on the above findings, we approve the amendment Texas 
submitted to the OSMRE on November 17, 2015 (Administrative Record No. 
TX-705).
    To implement this decision, we are amending the Federal regulations 
at 30 CFR part 943 that codify decisions concerning the Texas program. 
In accordance with the Administrative Procedure Act, this rule will 
take effect 30 days after the date of publication. Section 503(a) of 
SMCRA requires that the State's program demonstrate that they have the 
capability of carrying out the provisions of the Act and meeting its 
purposes. SMCRA requires consistency of State and Federal standards.

VI. Procedural Determinations

Executive Order 12630--Takings

    This rulemaking 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 rulemaking 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 
rulemaking 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 
OSMRE. 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 rulemaking 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 rulemaking on Federally-recognized Indian 
tribes and have determined that the rulemaking 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. The basis for this determination is that 
our decision is on a State regulatory program and does not involve 
Federal regulations involving Indian lands.

Executive Order 13211--Regulations That Significantly Affect the 
Supply, Distribution, or Use of Energy

    Executive Order 13211 of May 18, 2001, requires agencies to prepare 
a Statement of Energy Effects for a rulemaking 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 rulemaking 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 rulemaking 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 rulemaking 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 rulemaking 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 rulemaking, 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 rulemaking 
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 rulemaking is not a major rule under 5 U.S.C. 804(2), the 
Small Business Regulatory Enforcement Fairness Act. This rulemaking: 
(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 rulemaking, 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.

[[Page 54295]]

Unfunded Mandates

    This rulemaking 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 rulemaking, 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 31, 2017.
Alfred L. Clayborne,
Regional Director, Mid-Continent Region.
    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. In Sec.  943.15, the table is amended by adding a new entry in 
chronological order to read as follows:


Sec.  943.15  Approval of Texas regulatory program amendments.

* * * * *

----------------------------------------------------------------------------------------------------------------
   Original amendment submission date     Date of final publication              Citation/description
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
November 17, 2015......................  November 17, 2017.........  16 TAC 12.108(b)(1)-(3).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-24620 Filed 11-16-17; 8:45 am]
 BILLING CODE 4310-05-P



                                             54292            Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Rules and Regulations

                                             conditions with respect to the IND                         FDA received numerous comments on                  § 1271.10(a)(1) and (2), and thus
                                             application or premarket approval                       the Minimal Manipulation Draft                        addresses many of the questions that
                                             (BLA) requirements, for certain HCT/Ps.                 Guidance, Homologous Use Draft                        had been posed to the TRG.
                                                In the Federal Register of December                  Guidance, and the Adipose Draft                          This guidance is being issued
                                             23, 2014 (79 FR 77012), FDA announced                   Guidance in response to the request for               consistent with FDA’s good guidance
                                             the availability of the draft guidance                  comments, and those comments were                     practices regulation (21 CFR 10.115).
                                             entitled ‘‘Minimal Manipulation of                      considered in developing the final                    The guidance represents the current
                                             Human Cells, Tissues, and Cellular and                  guidance in this notification.                        thinking of FDA on ‘‘Regulatory
                                             Tissue-Based Products; Draft Guidance                      The guidance document announced                    Considerations for Human Cells,
                                             for Industry and Food and Drug                          in this notification finalizes the Minimal            Tissues, and Cellular and Tissue-Based
                                             Administration Staff’’ dated December                   Manipulation Draft Guidance and the                   Products: Minimal Manipulation and
                                             2014 (Minimal Manipulation Draft                        Homologous Use Draft Guidance. The                    Homologous Use.’’ It does not establish
                                             Guidance), and in the Federal Register                  guidance document also finalizes                      any rights for any person and is not
                                             of December 24, 2014 (79 FR 77414),                     certain material related to adipose tissue            binding on FDA or the public. You can
                                             FDA announced the availability of draft                 that was included in the Adipose Draft                use an alternative approach if it satisfies
                                             guidance entitled ‘‘Human Cells,                        Guidance. The material in this guidance               the requirements of the applicable
                                             Tissues, and Cellular and Tissue-Based                  document related to adipose tissue,                   statutes and regulations. This guidance
                                             Products (HCT/Ps) from Adipose Tissue:                  together with the material related to                 is not subject to Executive Order 12866.
                                             Regulatory Considerations; Draft                        adipose tissue included in the guidance
                                                                                                     finalizing the Same Surgical Procedure                II. Paperwork Reduction Act of 1995
                                             Guidance for Industry’’ dated December
                                             2014 (Adipose Draft Guidance).                          Exception Draft Guidance, the                           The guidance refers to previously
                                             Additionally, in the Federal Register of                availability of which is announced                    approved collections of information
                                             October 30, 2015 (80 FR 66850), FDA                     elsewhere in this issue of the Federal                found in FDA regulations. These
                                             announced the availability of the draft                 Register, supersedes the Adipose Draft                collections of information are subject to
                                             guidance entitled ‘‘Homologous Use of                   Guidance. Accordingly, FDA does not                   review by the Office of Management and
                                             Human Cells, Tissues, and Cellular and                  intend to finalize the Adipose Tissue                 Budget (OMB) under the Paperwork
                                             Tissue-Based Products; Draft Guidance                   Guidance, which is now withdrawn.                     Reduction Act of 1995 (44 U.S.C. 3501–
                                             for Industry and FDA Staff’’ dated                      Finally, this guidance supersedes the                 3520). The collections of information in
                                             October 2015 (Homologous Use Draft                      guidance entitled ‘‘Minimal                           part 1271 have been approved under
                                             Guidance).                                              Manipulation of Structural Tissue                     OMB control number 0910–0543.
                                                                                                     (Jurisdictional Update) Guidance for
                                                Also in the Federal Register of                                                                            III. Electronic Access
                                                                                                     Industry and FDA Staff’’ dated
                                             October 30, 2015, FDA reopened the
                                                                                                     September 2006.                                         Persons with access to the internet
                                             comment period on the Minimal                              FDA is also announcing via this
                                             Manipulation Draft Guidance (80 FR                                                                            may obtain the guidance at either
                                                                                                     Federal Register notification that, with              https://www.fda.gov/BiologicsBlood
                                             66844), Adipose Draft Guidance (80 FR                   the publication of this guidance
                                             66849), and a third HCT/P-related                                                                             Vaccines/GuidanceCompliance
                                                                                                     document, it will cease posting the                   RegulatoryInformation/Guidances/
                                             guidance addressing the same surgical                   Tissue Reference Group (TRG) annual
                                             procedure exception in § 1271.15(b) (80                                                                       default.htm; or https://www.fda.gov/
                                                                                                     reports on FDA’s Web site. The TRG                    MedicalDevices/DeviceRegulation
                                             FR 66847) (Same Surgical Procedure                      was created as specified in the
                                             Exception Draft Guidance). Comments                                                                           andGuidance/GuidanceDocuments/
                                                                                                     ‘‘Proposed Approach to the Regulation                 default.htm; or https://www.fda.gov/
                                             on these three HCT/P-related guidances,                 of Cellular and Tissue-Based Products’’
                                             as well as the Homologous Use Draft                                                                           CombinationProducts/
                                                                                                     dated February 28, 1997 (March 4, 1997;               GuidanceRegulatoryInformation/
                                             Guidance, were requested by April 29,                   62 FR 9721). The purpose of the TRG is
                                             2016. Lastly, the Federal Register of                                                                         default.htm; or https://
                                                                                                     to provide a single reference point for               www.regulations.gov.
                                             October 30, 2015 (80 FR 66845), FDA                     product specific questions received by
                                             announced a 1-day part 15 (21 CFR part                  FDA (either through the Centers, or from                Dated: November 13, 2017.
                                             15) public hearing to obtain input on the               the Office of Combination Products)                   Anna K. Abram,
                                             four HCT/P-related guidances to be held                 concerning jurisdiction and applicable                Deputy Commissioner for Policy, Planning,
                                             on April 13, 2016.                                      regulation of HCT/Ps.                                 Legislation, and Analysis.
                                                Due to considerable interest in the                     In 1998, the TRG began publishing its              [FR Doc. 2017–24838 Filed 11–16–17; 8:45 am]
                                             public hearing and to give stakeholders                 recommendations in an annual report                   BILLING CODE 4164–01–P
                                             additional time to provide comments to                  that was posted on FDA’s Web site.
                                             the Agency, on February 29, 2016, FDA                   Originally intended to assist industry in
                                             announced that the hearing was                          understanding the scientific rationale                DEPARTMENT OF THE INTERIOR
                                             postponed. In the Federal Register of                   for the TRG recommendations, the
                                             April 22, 2016 (81 FR 23661 and 81 FR                   recommendations are stated in general                 Office of Surface Mining Reclamation
                                             23664, respectively), FDA announced                     terms in order to protect proprietary                 and Enforcement
                                             the rescheduled part 15 hearing date of                 information. As a result, FDA has
                                             September 12 and 13, 2016, and an                       received feedback from stakeholders                   30 CFR Part 943
                                             extension of the comment period from                    that the annual reports do not provide
                                             April 29, 2016, until September 27,                     helpful information. Therefore, we are                [SATS No. TX–067–FOR; Docket ID: OSM–
rmajette on DSKBCKNHB2PROD with RULES




                                             2016, on the four HCT/P-related                         announcing that although the TRG will                 2016–0001; S1D1S SS08011000 SX064A000
                                             guidances. Also in the Federal Register                 continue to provide recommendations,                  189S180110; S2D2S SS08011000
                                             of April 22, 2016 (81 FR 23708), FDA                    the TRG annual reports will no longer                 SX064A000 18XS501520]
                                             announced a public workshop on the                      be posted on FDA’s Web site. We note                  Texas Regulatory Program
                                             ‘‘Scientific Evidence in Development of                 that this final guidance is intended to
                                             HCT/Ps Subject to Premarket                             help clarify the minimal manipulation                 AGENCY:Office of Surface Mining
                                             Approval.’’                                             and homologous use criteria in                        Reclamation and Enforcement, Interior.


                                        VerDate Sep<11>2014   13:56 Nov 16, 2017   Jkt 244001   PO 00000   Frm 00004   Fmt 4700   Sfmt 4700   E:\FR\FM\17NOR1.SGM   17NOR1


                                                              Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Rules and Regulations                                        54293

                                             ACTION:   Final rule.                                   same document, we opened the public                   the Commission for regulating coal
                                                                                                     comment period and provided an                        mining activity, Texas anticipates
                                             SUMMARY:   We, the Office of Surface                    opportunity for a public hearing or                   OSMRE providing some grant funding
                                             Mining Reclamation and Enforcement                      meeting on the adequacy of the                        for regulatory program costs based on
                                             (OSMRE), are approving an amendment                     amendment. We did not hold a public                   Section 705(a) of SMCRA. Texas
                                             to the Texas regulatory program (Texas                  hearing or meeting because no one                     estimated that annual fees at the revised
                                             program) under the Surface Mining                       requested one. The public comment                     amounts in this amendment would
                                             Control and Reclamation Act of 1977                     period ended on May 09, 2016. We did                  result in revenue that, when coupled
                                             (SMCRA or the Act). Texas proposed                      not receive any public comments.                      with permit application fees, was not
                                             revisions to its regulations regarding                                                                        expected to provide for more than 50
                                             annual permit fees. Texas revised its                   III. OSMRE’s Findings
                                                                                                                                                           percent of the anticipated regulatory
                                             program at its own initiative to raise                     The following are the findings we                  program costs during each year of the
                                             revenues sufficient to cover its                        made concerning the amendment under                   biennium. OSMRE agrees that this is a
                                             anticipated share of costs to administer                SMCRA and the Federal regulations at                  reasonable expectation in light of recent
                                             the coal regulatory program and to                      30 CFR 732.15 and 732.17. We are                      reductions in overall funding to states
                                             encourage mining companies to more                      approving the amendment as described                  that have resulted in them receiving less
                                             quickly reclaim lands and request bond                  below.                                                than fifty percent of their anticipated
                                             release, thereby fulfilling SMCRA’s                                                                           regulatory program costs.
                                             purpose of assuring the reclamation of                  16 Texas Administrative Code (TAC)
                                                                                                     Section 12.108 Permit Fees                               Texas adjusts its fees biennially to
                                             mined land as quickly as possible.                                                                            recover the amounts expended from
                                             DATES: The effective date is December                      Texas proposed to revise its                       state appropriations in accordance with
                                             18, 2017.                                               regulations at 16 TAC Sections                        a formula and schedule agreed to in
                                             FOR FURTHER INFORMATION CONTACT:                        12.108(b)(1)–(3), adjusting the annual                2005 by the coal mining industry and
                                             William L. Joseph, Director, Tulsa Field                coal mining permit fees for calendar                  the Commission. This amendment
                                             Office. Telephone: (918) 581–6430.                      years 2015 and 2016. Fees for mining                  represents the sixth adjustment to
                                             Email: bjoseph@osmre.gov.                               activities during calendar years 2015                 surface mining fees based upon that
                                             SUPPLEMENTARY INFORMATION:                              and 2016 were to be paid by coal mine                 agreement.
                                                                                                     operations by March 15th of the year                     We find that Texas’ fee changes are
                                             I. Background on the Texas Program
                                             II. Submission of the Amendment
                                                                                                     following the calendar year for which                 consistent with the discretionary
                                             III. OSMRE’s Findings                                   the fees are applicable.                              authority provided by the Federal
                                             IV. Summary and Disposition of Comments                    By this amendment, Texas has:                      regulation at 30 CFR 777.17. Therefore,
                                             V. OSMRE’s Decision                                        (1) Repealed paragraph (b)(1)
                                                                                                                                                           OSMRE approves Texas’ permit fee
                                             VI. Procedural Determinations                           regarding a fee for each acre of land
                                                                                                                                                           changes, recognizing that Texas has a
                                                                                                     within the permit area on which coal or
                                             I. Background on the Texas Program                                                                            process to adjust its fees to cover the
                                                                                                     lignite was actually removed during the
                                                Section 503(a) of the Act permits a                                                                        cost of its regulatory program not
                                                                                                     calendar year;
                                             State to assume primacy for the                                                                               covered by the Federal grant.
                                                                                                        (2) Renumbered existing paragraphs
                                             regulation of surface coal mining and                   (b)(2) and (3) to read as (b)(1) and (2)              IV. Summary and Disposition of
                                             reclamation operations on non-Federal                   respectively;                                         Comments
                                             and non-Indian lands within its borders                    (3) Increased the fee in the new
                                             by demonstrating that its State program                 paragraph (b)(1) from $12.00 to $13.05                Public Comments
                                             includes, among other things, State laws                for each acre of land within a permit                   We asked for public comments on the
                                             and regulations that govern surface coal                area covered by a reclamation bond on                 amendment but did not receive any.
                                             mining and reclamation operations in                    December 31st of the year; and
                                                                                                        (4) Increased the fee in the new                   Federal Agency Comments
                                             accordance with the Act and consistent
                                             with the Federal regulations. See 30                    paragraph (b)(2) from $6,540.00 to                      On February 11, 2016, pursuant to 30
                                             U.S.C. 1253(a)(1) and (7). On the basis                 $6,600.00 for each permit in effect on                CFR 732.17(h)(11)(i) and Section 503(b)
                                             of these criteria, the Secretary of the                 December 31st of the year.                            of SMCRA, we requested comments on
                                             Interior conditionally approved the                        The Federal regulations at 30 CFR                  the amendment from various Federal
                                             Texas program, effective February 16,                   777.17 provide that applications for                  agencies with an actual or potential
                                             1980. You can find background                           surface coal mining permits must be                   interest in the Texas program
                                             information on the Texas program,                       accompanied by a fee determined by the                (Administrative Record No. TX–705.01).
                                             including the Secretary’s findings, the                 regulatory authority. The Federal                     We did not receive any comments.
                                             disposition of comments, and the                        regulations also provide that the fees
                                                                                                                                                           Environmental Protection Agency (EPA)
                                             conditions of approval, in the February                 may be less than, but not more than, the
                                                                                                                                                           Concurrence and Comment
                                             27, 1980, Federal Register (45 FR 12998,                actual or anticipated cost of reviewing,
                                             13008). You can find later actions on the               administering, and enforcing the permit.                 Under 30 CFR 732.17(h)(11)(ii), we
                                             Texas program at 30 CFR 943.10,                            Texas’ amendment describes how its                 are required to get written concurrence
                                             943.15, and 943.16.                                     coal mining regulatory program is                     from EPA for those provisions of the
                                                                                                     funded. Texas operates on a biennial                  program amendment that relate to air or
                                             II. Submission of the Amendment                         budget which appropriates general                     water quality standards issued under
                                                By letter dated November 17, 2015                    revenue funds for permitting and                      the authority of the Clean Water Act (33
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                                             (Administrative Record No. TX–705),                     inspecting coal mining facilities within              U.S.C. 1251 et seq.) or the Clean Air Act
                                             and on its own initiative, Texas sent us                the state. This appropriation is                      (42 U.S.C. 7401 et seq.). None of the
                                             an amendment to its program under                       contingent on the Railroad Commission                 revisions that Texas proposed to make
                                             SMCRA (30 U.S.C. 1201 et seq.). We                      of Texas (Commission) assessing fees                  in this amendment pertain to air or
                                             announced receipt of the proposed                       sufficient to generate revenue to recover             water quality standards. Therefore, we
                                             amendment in the April 08, 2016,                        the general revenue appropriation.                    did not ask EPA to concur on the
                                             Federal Register (81 FR 20591). In the                  When calculating anticipated costs to                 amendment. However, on February 11,


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                                             54294            Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Rules and Regulations

                                             2016, under 30 CFR 732.17(h)(11)(i), we                 and 1255) and the Federal regulations at              of energy, a Statement of Energy Effects
                                             requested comments from the EPA on                      30 CFR 730.11, 732.15, and                            is not required.
                                             the amendment (Administrative Record                    732.17(h)(10), decisions on proposed
                                                                                                                                                           National Environmental Policy Act
                                             No. TX–705.1). The EPA did not                          State regulatory programs and program
                                             respond to our request.                                 amendments submitted by the States                      This rulemaking does not require an
                                                                                                     must be based solely on a determination               environmental impact statement
                                             State Historical Preservation Officer
                                                                                                     of whether the submittal is consistent                because section 702(d) of SMCRA (30
                                             (SHPO) and the Advisory Council on
                                                                                                     with SMCRA and its implementing                       U.S.C. 1292(d)) provides that agency
                                             Historic Preservation (ACHP)
                                                                                                     Federal regulations and whether the                   decisions on proposed State regulatory
                                               Under 30 CFR 732.17(h)(4), we are                     other requirements of 30 CFR parts 730,               program provisions do not constitute
                                             required to request comments from the                   731, and 732 have been met.                           major Federal actions within the
                                             SHPO and ACHP on amendments that                                                                              meaning of section 102(2)(C) of the
                                             may have an effect on historic                          Executive Order 13132—Federalism
                                                                                                                                                           National Environmental Policy Act (42
                                             properties. On February 11, 2016, we                       This rulemaking does not have                      U.S.C. 4332(2)(C)).
                                             requested comments on Texas’                            Federalism implications. SMCRA
                                             amendment (Administrative Record No.                    delineates the roles of the Federal and               Paperwork Reduction Act
                                             TX–705.01), but neither the SHPO nor                    State governments with regard to the                    This rulemaking does not contain
                                             ACHP responded to our request.                          regulation of surface coal mining and                 information collection requirements that
                                                                                                     reclamation operations. One of the                    require approval by OMB under the
                                             V. OSMRE’s Decision
                                                                                                     purposes of SMCRA is to ‘‘establish a
                                               Based on the above findings, we                                                                             Paperwork Reduction Act (44 U.S.C.
                                                                                                     nationwide program to protect society
                                             approve the amendment Texas                                                                                   3507 et seq.).
                                                                                                     and the environment from the adverse
                                             submitted to the OSMRE on November                      effects of surface coal mining                        Regulatory Flexibility Act
                                             17, 2015 (Administrative Record No.                     operations.’’ Section 503(a)(1) of
                                             TX–705).                                                                                                         The Department of the Interior
                                                                                                     SMCRA requires that State laws
                                               To implement this decision, we are                                                                          certifies that this rulemaking will not
                                                                                                     regulating surface coal mining and
                                             amending the Federal regulations at 30                                                                        have a significant economic impact on
                                                                                                     reclamation operations be ‘‘in
                                             CFR part 943 that codify decisions                                                                            a substantial number of small entities
                                                                                                     accordance with’’ the requirements of
                                             concerning the Texas program. In                                                                              under the Regulatory Flexibility Act (5
                                                                                                     SMCRA, and section 503(a)(7) requires
                                             accordance with the Administrative                                                                            U.S.C. 601 et seq.). The State submittal,
                                                                                                     that State programs contain rules and
                                             Procedure Act, this rule will take effect                                                                     which is the subject of this rulemaking,
                                                                                                     regulations ‘‘consistent with’’
                                             30 days after the date of publication.                                                                        is based upon counterpart Federal
                                                                                                     regulations issued by the Secretary
                                             Section 503(a) of SMCRA requires that                                                                         regulations for which an economic
                                                                                                     pursuant to SMCRA.
                                             the State’s program demonstrate that                                                                          analysis was prepared and certification
                                             they have the capability of carrying out                Executive Order 13175—Consultation                    made that such regulations would not
                                             the provisions of the Act and meeting its               and Coordination With Indian Tribal                   have a significant economic effect upon
                                             purposes. SMCRA requires consistency                    Governments                                           a substantial number of small entities.
                                             of State and Federal standards.                            In accordance with Executive Order                 In making the determination as to
                                                                                                     13175, we have evaluated the potential                whether this rulemaking would have a
                                             VI. Procedural Determinations                                                                                 significant economic impact, the
                                                                                                     effects of this rulemaking on Federally-
                                             Executive Order 12630—Takings                           recognized Indian tribes and have                     Department relied upon the data and
                                                                                                     determined that the rulemaking does                   assumptions for the counterpart Federal
                                               This rulemaking does not have
                                                                                                     not have substantial direct effects on                regulations.
                                             takings implications. This
                                             determination is based on the analysis                  one or more Indian tribes, on the                     Small Business Regulatory Enforcement
                                             performed for the counterpart Federal                   relationship between the Federal                      Fairness Act
                                             regulation.                                             Government and Indian tribes, or on the
                                                                                                     distribution of power and                               This rulemaking is not a major rule
                                             Executive Order 12866—Regulatory                        responsibilities between the Federal                  under 5 U.S.C. 804(2), the Small
                                             Planning and Review                                     Government and Indian tribes. The basis               Business Regulatory Enforcement
                                               This rulemaking is exempted from                      for this determination is that our                    Fairness Act. This rulemaking: (a) Does
                                             review by the Office of Management and                  decision is on a State regulatory                     not have an annual effect on the
                                             Budget (OMB) under Executive Order                      program and does not involve Federal                  economy of $100 million; (b) Will not
                                             12866.                                                  regulations involving Indian lands.                   cause a major increase in costs or prices
                                                                                                                                                           for consumers, individual industries,
                                             Executive Order 12988—Civil Justice                     Executive Order 13211—Regulations                     Federal, State, or local government
                                             Reform                                                  That Significantly Affect the Supply,                 agencies, or geographic regions; and (c)
                                               The Department of the Interior has                    Distribution, or Use of Energy                        Does not have significant adverse effects
                                             conducted the reviews required by                          Executive Order 13211 of May 18,                   on competition, employment,
                                             section 3 of Executive Order 12988 and                  2001, requires agencies to prepare a                  investment, productivity, innovation, or
                                             has determined that this rulemaking                     Statement of Energy Effects for a                     the ability of U.S.-based enterprises to
                                             meets the applicable standards of                       rulemaking that is (1) considered                     compete with foreign-based enterprises.
                                             subsections (a) and (b) of that section.                significant under Executive Order                     This determination is based upon the
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                                             However, these standards are not                        12866, and (2) likely to have a                       fact that the State submittal, which is
                                             applicable to the actual language of                    significant adverse effect on the supply,             the subject of this rulemaking, is based
                                             State regulatory programs and program                   distribution, or use of energy. Because               upon counterpart Federal regulations for
                                             amendments because each program is                      this rulemaking is exempt from review                 which an analysis was prepared and a
                                             drafted and promulgated by a specific                   under Executive Order 12866 and is not                determination made that the Federal
                                             State, not by OSMRE. Under sections                     expected to have a significant adverse                regulation was not considered a major
                                             503 and 505 of SMCRA (30 U.S.C. 1253                    effect on the supply, distribution, or use            rule.


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                                                                 Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Rules and Regulations                                                                    54295

                                             Unfunded Mandates                                                the Federal regulation did not impose                            PART 943—TEXAS
                                                                                                              an unfunded mandate.
                                                This rulemaking will not impose an                                                                                             ■ 1. The authority citation for Part 943
                                             unfunded mandate on State, local, or                             List of Subjects in 30 CFR Part 943                              continues to read as follows:
                                             tribal governments or the private sector                           Intergovernmental relations, Surface                               Authority: 30 U.S.C. 1201 et seq.
                                             of $100 million or more in any given                             mining, Underground Mining.
                                             year. This determination is based upon                                                                                            ■ 2. In § 943.15, the table is amended by
                                                                                                                Dated: October 31, 2017.
                                             the fact that the State submittal, which                                                                                          adding a new entry in chronological
                                                                                                              Alfred L. Clayborne,
                                             is the subject of this rulemaking, is                                                                                             order to read as follows:
                                                                                                              Regional Director, Mid-Continent Region.
                                             based upon counterpart Federal                                     For the reasons set out in the                                 § 943.15 Approval of Texas regulatory
                                             regulations for which an analysis was                            preamble, 30 CFR part 943 is amended                             program amendments.
                                             prepared and a determination made that                           as set forth below:                                              *        *       *        *     *

                                                         Original amendment submission date                                                     Date of final publication                                    Citation/description


                                                    *                         *                                 *                     *                            *                                *                   *
                                             November 17, 2015 .........................................................   November 17, 2017 .........................................................   16 TAC 12.108(b)(1)–(3).



                                             [FR Doc. 2017–24620 Filed 11–16–17; 8:45 am]                     ADDRESSES:   Submit written comments                             that the final rule was necessary to
                                             BILLING CODE 4310–05–P                                           through http://www.Regulations.gov; by                           ensure consistency. The preamble
                                                                                                              mail or hand-delivery to: Director,                              referenced a performance plan that was
                                                                                                              Regulations Management (00REG),                                  purportedly implemented on December
                                                                                                              Department of Veterans Affairs, 810                              16, 2003, that described how the job
                                             DEPARTMENT OF VETERANS                                           Vermont Ave. NW., Room 1063B,                                    duties of and qualifications for a CP and
                                             AFFAIRS                                                          Washington, DC 20420; or by fax to                               VRC were the same. However, the
                                                                                                              (202) 273–9026. (This is not a toll-free                         performance plan was implemented on
                                             38 CFR Part 21                                                   telephone number.) Comments should                               July 1, 2004, rather than on December
                                                                                                              indicate that they pertain to ‘‘RIN 2900–                        16, 2003, and does not provide that the
                                             RIN 2900–AQ11                                                    AQ11, VA Vocational Rehabilitation                               two positions have the same
                                                                                                              and Employment Nomenclature Change                               qualifications. Nonetheless, VRCs are
                                             VA Vocational Rehabilitation and
                                                                                                              for Position Title—Revision.’’ Copies of                         fully qualified to perform the duties
                                             Employment Nomenclature Change for
                                                                                                              comments received will be available for                          specified in Chapter 31 regulations.
                                             Position Title—Revision
                                                                                                              public inspection in the Office of                               Therefore, because reversing the
                                             AGENCY:      Department of Veterans Affairs.                     Regulation Policy and Management,                                changes published in the Federal
                                             ACTION:     Interim final rule.                                  Room 1063B, between the hours of 8:00                            Register on May 2, 2016, would be
                                                                                                              a.m. and 4:30 p.m., Monday through                               harmful to Veterans seeking vocational
                                             SUMMARY:    The Department of Veterans                           Friday (except holidays). Please call                            rehabilitation services for reasons
                                             Affairs (VA) published a final rule in the                       (202) 461–4902 for an appointment.                               discussed below, we are not reversing
                                             Federal Register on May 2, 2016, which                           (This is not a toll-free telephone                               those changes at this time. However, VA
                                             amended a number of regulations in the                           number.) In addition, comments may be                            is seeking public comment on those
                                             Code of Federal Regulations (CFR) to                             viewed online through the Federal                                changes, as further explained in this
                                             authorize personnel hired by VA’s                                Docket Management System (FDMS) at                               document. The explanation that follows
                                             Vocational Rehabilitation and                                    http://www.Regulations.gov.                                      corrects the inaccuracies in the
                                             Employment (VR&E) Service under the                              FOR FURTHER INFORMATION CONTACT: C.J.                            preamble to the final rule and more
                                             title ‘‘Vocational Rehabilitation                                Riley, Senior Policy Analyst, Vocational                         clearly explains the basis for the rule.
                                             Counselor’’ (VRC) to make the same                               Rehabilitation and Employment Service                               VA’s VR&E program serves an
                                             determinations with respect to Chapter                           (28), Veterans Benefits Administration,                          important function: To assist Veterans
                                             31 services and benefits as personnel                            Department of Veterans Affairs, 810                              who have service-connected disabilities
                                             who had been hired under the title                               Vermont Avenue NW., Washington, DC                               and barriers to employment in obtaining
                                             ‘‘Counseling Psychologist’’ (CP). The                            20420, Christi.Hellard@va.gov, (202)                             and maintaining suitable employment
                                             preamble to that final rule cited                                461–9600. (This is not a toll-free                               and achieving maximum independence
                                             supporting documents inaccurately and                            telephone number.)                                               in daily living. In 1996, VA began to
                                             failed to properly explain the                                   SUPPLEMENTARY INFORMATION: In a final                            allow use of Office of Personnel
                                             qualifications for and duties of this                            rule published in the Federal Register                           Management (OPM) classification series
                                             VR&E position responsible for making                             on May 2, 2016, at 81 FR 26130, VA                               GS–0101, Social Science, to hire
                                             determinations with respect to Chapter                           amended a number of regulations in                               personnel under the title ‘‘VRC’’ to
                                             31 services and benefits. This interim                           Part 21, CFR, to add the title ‘‘VRC’’ for                       provide rehabilitation services. Such
                                             final rule corrects those inaccuracies,                          the position responsible for making                              services include, but are not limited to,
                                             more clearly explains the basis for the                          certain determinations with respect to                           deciding eligibility and entitlement,
                                             final rule, and invites public comment
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                                                                                                              Chapter 31 services and benefits. In the                         developing rehabilitation plans, and
                                             on the changes made to VA’s regulations                          preamble to the final rule, we stated that                       delivering case management services.
                                             in the May 2, 2016, final rule.                                  the revisions were non-substantive and                           VA’s VR&E program had previously
                                             DATES: Effective Date: This interim final                        intended to reflect the fact that the CP                         hired personnel under the title ‘‘CP,’’
                                             rule is effective November 17, 2017. VA                          and VRC position titles are synonymous                           OPM classification series GS–0180,
                                             must receive comments on or before                               because the positions have the same job                          Psychology, to provide these types of
                                             December 18, 2017.                                               duties and qualifications. We also stated                        rehabilitation services. Since 1996, after


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Document Created: 2017-11-17 05:14:48
Document Modified: 2017-11-17 05:14:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThe effective date is December 18, 2017.
ContactWilliam L. Joseph, Director, Tulsa Field Office. Telephone: (918) 581-6430. Email: [email protected]
FR Citation82 FR 54292 
CFR AssociatedIntergovernmental Relations; Surface Mining and Underground Mining

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