83 FR 44012 - Texas Regulatory Program
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement Federal Register Volume 83, Issue 168 (August 29, 2018)
Office of Surface Mining Reclamation and Enforcement
Federal Register Volume 83, Issue 168 (August 29, 2018)
| Page Range | 44012-44014 | |
| FR Document | 2018-18705 |
[Federal Register Volume 83, Number 168 (Wednesday, August 29, 2018)] [Proposed Rules] [Pages 44012-44014] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-18705] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 943 [SATS No. TX-068-FOR; Docket ID: OSM-2018-0002; S1D1S SS08011000 SX064A000 189S180110; S2D2S SS08011000 SX064A000 18XS501520] Texas Regulatory Program AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment. ----------------------------------------------------------------------- SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Texas regulatory program (Texas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Texas proposes revisions to its regulations regarding annual permit fees [[Page 44013]] for calendar years 2017 and 2018. Texas also proposes to remove a restriction in its rules that conflicts with the United States Bankruptcy Code. This document gives the times and locations where the Texas program documents and this proposed amendment to that program are available for your inspection, establishes the comment period during which you may submit written comments on the amendment, and describes the procedures that we will follow for the public hearing, if one is requested. DATES: We will accept written comments on this amendment until 4:00 p.m., CST, September 28, 2018. If requested, we will hold a public hearing on the amendment on September 24, 2018. We will accept requests to speak at a hearing until 4:00 p.m., CST on September 13, 2018. ADDRESSES: You may submit comments, identified by SATS No. TX-068-FOR, by any of the following methods:Mail/Hand Delivery: William Joseph, Director, Tulsa Field Office, Office of Surface Mining Reclamation and Enforcement, 1645 South 101st East Avenue, Suite 145, Tulsa, Oklahoma 74128-4629. Fax: (918) 581-6419. Federal eRulemaking Portal: The amendment has been assigned Docket ID OSM-2018-0002. If you would like to submit comments go to http://www.regulations.gov. Follow the instructions for submitting comments. Instructions: All submissions received must include the agency name and docket number for this rulemaking. For detailed instructions on submitting comments and additional information on the rulemaking process, see the ``Public Comment Procedures'' heading of the SUPPLEMENTARY INFORMATION section of this document. Docket: For access to the docket to review copies of the Texas program, this amendment, a listing of any scheduled public hearings, and all written comments received in response to this document, you must go to the address listed below during normal business hours, Monday through Friday, excluding holidays. You may receive one free copy of the amendment by contacting OSMRE's Tulsa Field Office, or the full text of the program amendment is available for you to review at www.regulations.gov. William Joseph, Director, Tulsa Field Office, Office of Surface Mining Reclamation and Enforcement, 1645 South 101st East Avenue, Suite 145, Tulsa, Oklahoma 74128-4629, Telephone: (918) 581-6430, Email: bjoseph@osmre.gov In addition, you may review a copy of the amendment during regular business hours at the following location: Surface Mining and Reclamation Division, Railroad Commission of Texas, 1701 North Congress Avenue, P.O. Box 12967, Austin, Texas 78711-2967, Telephone: (512) 463-6900 FOR FURTHER INFORMATION CONTACT: William Joseph, Director, Tulsa Field Office. Telephone: (918) 581-6430, email: bjoseph@osmre.gov. SUPPLEMENTARY INFORMATION: I. Background on the Texas Program II. Description of the Proposed Amendment III. Public Comment Procedures IV. Procedural Determinations I. Background on the Texas Program Section 503(a) of the Act permits a State to assume primacy for the regulation of surface coal mining and reclamation operations on non- Federal and non-Indian lands within its borders by demonstrating that its program includes, among other things, 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 of the Texas program in the February 27, 1980, Federal Register (45 FR 12998). You can also find later actions concerning the Texas program and program amendments at 30 CFR 943.10, 943.15, and 943.16. II. Description of the Proposed Amendment By letter dated February 7, 2018 (Administrative Record No. TX- 706), Texas sent us an amendment to its program under SMCRA (30 U.S.C. 1201 et seq.) at its own initiative. Below is a summary of the changes proposed by Texas. The full text of the program amendment is available for you to read at the locations listed above under ADDRESSES. Sec. 12.108. Permit Fees. Texas proposes to revise its regulation at 16 Texas Administrative Code (TAC) section 12.108(b) regarding annual permit fees by: (1) Amending the calendar years specified in paragraph (b) to calendar year 2017 and 2018; (2) Decreasing the amount of the fee, from $13.05 to $12.85, for each acre of land within a permit area covered by a reclamation bond on December 31st of the year; and (3) Decreasing the amount of the fee, from $6,600 to $6,170, for each permit in effect on December 31st of the year. Texas fully funds its share of costs to regulate the coal mining industry with fees paid by the coal industry. To meet these costs, Texas charges a permit application fee and two annual fees, as mentioned above. The proposed fee revisions are intended to provide adequate funding to pay the State's cost of operating its regulatory program, and provide incentives for industry to accomplish reclamation and achieve bond release as quickly as possible. Sec. 12.309. Terms and Conditions of the Bond. Texas proposes to revise its regulation at 16 Texas Administrative Code (TAC) section 12.309(j)(2)(B) by: (1) Removing the condition that self-bond applicants not have been subject to bankruptcy proceedings during the 5-year period immediately preceding the date of application. Texas proposes this revision to conform with the United States Bankruptcy Code at 11 U.S.C. 525(a) and 30 CFR 800.23(b)(2). III. Public Comment Procedures Under the provisions of 30 CFR 732.17(h), we are seeking your comments on whether the amendment satisfies the applicable program approval criteria of 30 CFR 732.15. If we approve the amendment, it will become part of the State program. Electronic or Written Comments If you submit written comments, they should be specific, confined to issues pertinent to the proposed regulations, and explain the reason for any recommended change(s). We appreciate any and all comments, but those most useful and likely to influence decisions on the final program will be those that either involve personal experience or include citations to and analyses of SMCRA, its legislative history, its implementing regulations, case law, other pertinent State or Federal laws or regulations, technical literature, or other relevant publications. We cannot ensure that comments received after the close of the comment period (see DATES) or sent to an address other than those listed (see ADDRESSES) will be included in the docket for this rulemaking and considered. [[Page 44014]] Public Availability of Comments Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment--including your personal identifying information--may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Public Hearing If you wish to speak at the public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., CST on September 13, 2018. If you are disabled and need reasonable accommodations to attend a public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT. We will arrange the location and time of the hearing with those persons requesting the hearing. If no one requests an opportunity to speak, we will not hold a hearing. To assist the transcriber and ensure an accurate record, we request, if possible, that each person who speaks at the public hearing provide us with a written copy of his or her comments. The public hearing will continue on the specified date until everyone scheduled to speak has been given an opportunity to be heard. If you are in the audience and have not been scheduled to speak and wish to do so, you will be allowed to speak after those who have been scheduled. We will end the hearing after everyone scheduled to speak and others present in the audience who wish to speak, have been heard. Public Meeting If only one person requests an opportunity to speak, we may hold a public meeting rather than a public hearing. If you wish to meet with us to discuss the amendment, please request a meeting by contacting the person listed under FOR FURTHER INFORMATION CONTACT. All such meetings are open to the public and, if possible, we will post notices of meetings at the locations listed under ADDRESSES. We will make a written summary of each meeting a part of the administrative record. IV. Procedural Determinations Executive Order 12866--Regulatory Planning and Review Pursuant to Office of Management and Budget (OMB) Guidance and dated October 12, 1993, the approval of state program amendments is exempted from OMB review under Executive Order 12866. Other Laws and Executive Orders Affecting Rulemaking When a State submits a program amendment to OSMRE for review, our regulations at 30 CFR 732.17(h) require us to publish a notice in the Federal Register indicating receipt of the proposed amendment, its text or a summary of its terms, and an opportunity for public comment. We conclude our review of the proposed amendment after the close of the public comment period and determine whether the amendment should be approved, approved in part, or not approved. At that time, we will also make the determinations and certifications required by the various laws and executive orders governing the rulemaking process and include them in the final rule. List of Subjects in 30 CFR Part 943 Intergovernmental relations, Surface mining, Underground mining. Dated: August 14, 2018. Alfred L. Clayborne, Regional Director, Mid-Continent Region. [FR Doc. 2018-18705 Filed 8-28-18; 8:45 am] BILLING CODE 4310-05-P
![44012 Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Proposed Rules
analysis respecting the effect of these is certified by the U.S. Department of Issued in Washington, DC, on August 23,
proposed rules on ECPs. the Treasury’s Community Development 2018, by the Commission.
Accordingly, this proposed rule will Financial Institution Fund as meeting Christopher Kirkpatrick,
not have a significant economic effect of the requirements set forth in 12 CFR Secretary of the Commission.
any small entity. Therefore, the 1805.201(b); Note: The following appendices will not
Chairman, on behalf of the Commission, Savings and loan holding company appear in the Code of Federal Regulations.
hereby certifies pursuant to 5 U.S.C. means an entity that is organized as a
605(b) that the proposed regulations savings and loan holding company, as Appendices to Amendments to Clearing
will not have a significant economic defined in section 10 of the Home Exemption for Swaps Entered Into by
impact on a substantial number of small Owners’ Loan Act of 1933. Certain Bank Holding Companies,
entities. Savings and Loan Holding Companies,
* * * * *
B. Paperwork Reduction Act and Community Development Financial
(d) [Reserved]
Institutions
The Paperwork Reduction Act of 1995 (e) Swaps entered into by a bank
(PRA) 89 imposes certain requirements holding company or savings and loan Appendix 1—Commission Voting
on Federal agencies, including the holding company shall be exempt from Summary
Commission, in connection with their the clearing requirement under § 50.2, On this matter, Chairman Giancarlo and
conducting or sponsoring any collection provided that: Commissioners Quintenz and Behnam voted
of information, as defined by the PRA. (1) The bank holding company or in the affirmative. No commissioner voted in
This proposed rulemaking would not the negative.
savings and loan holding company has
result in a new collection of information aggregated assets, including the assets of Appendix 2—Statement of Chairman J.
from these entities within the meaning all its subsidiaries, that do not exceed Christopher Giancarlo
of the PRA.90 $10,000,000,000 according to the value Consistent with the overall goals of Project
List of Subjects in 17 CFR Part 50 of assets of each subsidiary on the last KISS, this proposal would codify
day of each subsidiary’s most recent Commission policy laid out in the preamble
Business and industry; Swaps.
fiscal year; to the 2012 End-User Exception final rule
For the reasons set for in the and several staff no-action letters. It will also
preamble, the Commodity Futures (2) The bank holding company or
provide clarity and reduce unnecessary
Trading Commission proposes to amend savings and loan holding company burdens on bank holding companies and
part 50 of title 17 of the Code of Federal reports the swap to a swap data savings and loan holding companies with
Regulations as follows: repository pursuant to §§ 45.3 and 45.4 consolidated assets of $10 billion or less, and
of this chapter, and reports all certain community development financial
PART 50—CLEARING REQUIREMENT information described under § 50.50(b) institutions.
AND RELATED RULES to a swap data repository; and I want to thank Commission staff for their
intelligent work on this proposal. I am
(3) The swap is used to hedge or grateful to Commissioners Quintenz and
■ 1. The authority citation for part 50 is mitigate commercial risk, as defined Behnam and for their thoughtful input and
revised to read as follows: under § 50.50(c). unanimous support.
Authority: 7 U.S.C. 2(h), 6(c), and 7a–1 as (f) Swaps entered into by a [FR Doc. 2018–18618 Filed 8–28–18; 8:45 am]
amended by Pub. L. 111–203, 124 Stat. 1376. community development financial BILLING CODE 6351–01–P
■ 2. In § 50.5, institution shall be exempt from the
■ a. Redesignate paragraphs (a) and (b) clearing requirement under § 50.2
as paragraphs (b) and (c); provided, that: DEPARTMENT OF THE INTERIOR
■ b. Add new paragraph (a); (1) The community development
■ c. Add and reserve paragraph (d); and Office of Surface Mining Reclamation
financial institution reports the swap to
■ d. Add paragraphs (e) and (f). and Enforcement
a swap data repository pursuant to
The additions read as follows: §§ 45.3 and 45.4 of this chapter, and
§ 50.5 Swaps exempt from a clearing reports all information described under 30 CFR Part 943
requirement. § 50.50(b) to a swap data repository; and [SATS No. TX–068–FOR; Docket ID: OSM–
(a) Definitions. For the purposes of (2) The swap is a U.S. dollar 2018–0002; S1D1S SS08011000 SX064A000
§ 50.5: denominated interest rate swap in the 189S180110; S2D2S SS08011000
Bank holding company means an fixed-to-floating class or the forward SX064A000 18XS501520]
entity that is organized as a bank rate agreement class of swaps that
Texas Regulatory Program
holding company, as defined in section would otherwise be subject to the
2 of the Bank Holding Company Act of clearing requirement under § 50.2; AGENCY: Office of Surface Mining
1956; (3) The total aggregate notional value Reclamation and Enforcement, Interior.
Community development financial of the interest rate swaps and forward ACTION: Proposed rule; public comment
institution means a community rate agreements entered into during the period and opportunity for public
development financial institution, as twelve-month calendar year is less than hearing on proposed amendment.
defined in section 103(5) of the or equal to $200,000,000;
Community Development Banking and SUMMARY: We, the Office of Surface
sradovich on DSK3GMQ082PROD with PROPOSALS
Financial Institutions Act of 1994, and (4) The swap is one of ten or fewer Mining Reclamation and Enforcement
swap transactions that the community (OSMRE), are announcing receipt of a
89 44
U.S.C. 3507(d). development financial institution enters proposed amendment to the Texas
90 The
applicable collections of information are into within a twelve-month calendar regulatory program (Texas program)
‘‘Regulations 45.2. 45.3, and 45.4—Swap Data year; and under the Surface Mining Control and
Recordkeeping and Reporting Requirement,’’ OMB
control number 3038–0086; ‘‘Rule 50.50 End-User
(5) The swap is used to hedge or Reclamation Act of 1977 (SMCRA or the
Notification of Non-Cleared Swaps,’’ OMB control mitigate commercial risk, as defined Act). Texas proposes revisions to its
number 3038–0085. under § 50.50(c). regulations regarding annual permit fees
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![44014 Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Proposed Rules
Public Availability of Comments OMB review under Executive Order DATES: For the proposed rule published
12866. on June 29, 2018 (83 FR 30646), submit
Before including your address, phone
comments by October 28, 2018.
number, email address, or other Other Laws and Executive Orders
personal identifying information in your Affecting Rulemaking ADDRESSES: Submit comments
comment, you should be aware that When a State submits a program identified by DFARS Case 2017–D010,
your entire comment—including your amendment to OSMRE for review, our using any of the following methods:
personal identifying information—may regulations at 30 CFR 732.17(h) require Æ Federal eRulemaking Portal: http://
be made publicly available at any time. us to publish a notice in the Federal www.regulations.gov. Search for
While you can ask us in your comment Register indicating receipt of the ‘‘DFARS Case 2017–D010.’’ Select
to withhold your personal identifying proposed amendment, its text or a ‘‘Comment Now’’ and follow the
information from public review, we summary of its terms, and an instructions provided to submit a
cannot guarantee that we will be able to opportunity for public comment. We comment. Please include ‘‘DFARS Case
do so. conclude our review of the proposed 2017–D010’’ on any attached
Public Hearing amendment after the close of the public documents.
comment period and determine whether Æ Email: osd.dfars@mail.mil. Include
If you wish to speak at the public the amendment should be approved, DFARS Case 2017–D010 in the subject
hearing, contact the person listed under approved in part, or not approved. At line of the message.
FOR FURTHER INFORMATION CONTACT by that time, we will also make the Æ Fax: 571–372–6094.
4:00 p.m., CST on September 13, 2018. determinations and certifications
If you are disabled and need reasonable Æ Mail: Defense Acquisition
required by the various laws and Regulations System, Attn: Ms. Barbara J.
accommodations to attend a public executive orders governing the
hearing, contact the person listed under Trujillo, OUSD(D&S)DPC/DARS, Room
rulemaking process and include them in 3B941, 3060 Defense Pentagon,
FOR FURTHER INFORMATION CONTACT. We the final rule.
will arrange the location and time of the Washington, DC 20301–3060.
hearing with those persons requesting List of Subjects in 30 CFR Part 943 Comments received generally will be
the hearing. If no one requests an Intergovernmental relations, Surface posted without change to http://
opportunity to speak, we will not hold mining, Underground mining. www.regulations.gov, including any
a hearing. personal information provided. To
Dated: August 14, 2018.
To assist the transcriber and ensure an confirm receipt of your comment(s),
Alfred L. Clayborne, please check www.regulations.gov,
accurate record, we request, if possible,
Regional Director, Mid-Continent Region. approximately two to three days after
that each person who speaks at the
public hearing provide us with a written [FR Doc. 2018–18705 Filed 8–28–18; 8:45 am] submission to verify posting (except
copy of his or her comments. The public BILLING CODE 4310–05–P allow 30 days for posting of comments
hearing will continue on the specified submitted by mail).
date until everyone scheduled to speak FOR FURTHER INFORMATION CONTACT: Ms.
has been given an opportunity to be DEPARTMENT OF DEFENSE Barbara J. Trujillo, telephone 571–372–
heard. If you are in the audience and 6102.
have not been scheduled to speak and Defense Acquisition Regulations
System SUPPLEMENTARY INFORMATION:
wish to do so, you will be allowed to
speak after those who have been I. Background
scheduled. We will end the hearing after 48 CFR Parts 212, 219, and 252
everyone scheduled to speak and others [Docket DARS–2018–0035]
On June 29, 2018, DoD published a
present in the audience who wish to proposed rule in the Federal Register at
RIN 0750–AJ21 83 FR 30646 to implement the
speak, have been heard.
requirement of section 874 of the
Public Meeting Defense Federal Acquisition National Defense Authorization Act for
Regulation Supplement: Inapplicability Fiscal Year 2017 (Pub. L. 114–328).
If only one person requests an of Certain Laws and Regulations to Section 874 requires DoD to address the
opportunity to speak, we may hold a Commercial Items (DFARS Case 2017– inapplicability of certain laws and
public meeting rather than a public D010); Reopening of Comment Period regulations to the acquisition of
hearing. If you wish to meet with us to
AGENCY: Defense Acquisition commercial items, including
discuss the amendment, please request
Regulations System, Department of commercially available off-the-shelf
a meeting by contacting the person
Defense (DoD). items.
listed under FOR FURTHER INFORMATION
CONTACT. All such meetings are open to ACTION: Proposed rule; reopening of The comment period for the proposed
the public and, if possible, we will post comment period. rule is reopened 60 days, from August
notices of meetings at the locations 28, 2018, to October 28, 2018, to provide
SUMMARY: DoD is proposing to amend additional time for interested parties to
listed under ADDRESSES. We will make
the Defense Federal Acquisition comment on the proposed DFARS
a written summary of each meeting a
Regulation Supplement (DFARS) to changes.
part of the administrative record.
implement sections of the National
sradovich on DSK3GMQ082PROD with PROPOSALS
IV. Procedural Determinations Defense Authorization Act for Fiscal 48 CFR Parts 212, 219, and 252
Year 2017 that addresses the Government procurement.
Executive Order 12866—Regulatory
inapplicability of certain laws and
Planning and Review Jennifer Lee Hawes,
regulations to the acquisition of
Pursuant to Office of Management and commercial items, including Regulatory Control Officer, Defense
Budget (OMB) Guidance and dated commercially available off-the-shelf Acquisition Regulations System.
October 12, 1993, the approval of state items. The comment period on the [FR Doc. 2018–18616 Filed 8–28–18; 8:45 am]
program amendments is exempted from proposed rule is reopened for 60 days. BILLING CODE 5001–06–P
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Document Created: 2018-08-29 00:13:29
Document Modified: 2018-08-29 00:13:29
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule; public comment period and opportunity for public hearing on proposed amendment. | |
| Dates | We will accept written comments on this amendment until 4:00 p.m., CST, September 28, 2018. If requested, we will hold a public hearing on the amendment on September 24, 2018. We will accept requests to speak at a hearing until 4:00 p.m., CST on September 13, 2018. | |
| Contact | William Joseph, Director, Tulsa Field Office. Telephone: (918) 581-6430, email: [email protected] | |
| FR Citation | 83 FR 44012 | |
| CFR Associated | Intergovernmental Relations; Surface Mining and Underground Mining |
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