Texas Regulatory Program, 50708-50710 [2011-20548]
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Federal Register / Vol. 75, No. 158 / Tuesday, August 16, 2011 / Proposed Rules
4090; e-mail: albert.mercado@faa.gov. Before
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or lacking a PI, your local FSDO.
(2) Airworthy Product: For any requirement
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Related Information
(h) Refer to MCAI European Aviation
Safety Agency (EASA) AD No. 2011–0130,
dated July 8, 2011; and DAHER–SOCATA
TBM Aircraft Mandatory Service Bulletin SB
70–192, dated April 2011, for related
information. For service information related
to this AD, contact SOCATA—Direction des
Services, 65921 Tarbes Cedex 9, France;
telephone: +33 (0)5 62 41 73 00; fax: +33 (0)5
62 41 7–54; or in the United States contact
SOCATA North America, Inc., North Perry
Airport, 7501 South Airport Road, Pembroke
Pines, Florida 33023; telephone: (954) 893–
1400; fax: (954) 964–4141; Internet: https://
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review copies of the referenced service
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availability of this material at the FAA, call
(816) 329–4148.
Issued in Kansas City, Missouri, on August
9, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft
Certification Service.
[FR Doc. 2011–20820 Filed 8–15–11; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 943
[SATS Nos. TX–061–FOR; TX–062–FOR;
TX–063–FOR; Docket ID: OSM–2011–0007]
Texas Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment
period and opportunity for public
hearing.
AGENCY:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSM), are announcing receipt of three
proposed amendments to the Texas
regulatory program under the Surface
Mining Control and Reclamation Act of
1977 (SMCRA or the Act).
Texas at its own initiative submitted
three separate amendments to its
program: SATS Nos. TX–061–FOR, TX–
062–FOR, and TX–063–FOR. Texas
proposes revisions in TX–061–FOR by
adding language that no longer requires
an operation with only reclamation
activities ongoing to renew their mining
permit, to clarify the requirement to
maintain public liability insurance for
sites where the permit is not renewed
because the only activities ongoing are
reclamation, and to clarify midterm
review times for sites where the permit
is not renewed because the only ongoing
activities are reclamation. Texas
proposes revisions in TX–062–FOR by
adding a new definition for ‘‘Previously
mined land,’’ adding new language on
the effects of previous mining violations
from operations on previously mined
lands in relation to permit application
denials, and adding new language
explaining performance standards for
revegetation liability timeframes for coal
mining and reclamation operations.
Texas proposes revisions in TX–063–
FOR by adding a new definition for
‘‘Director;’’ deleting old language, and
adding new language clarifying the
review periods for new permits,
renewals, and significant revisions.
Texas intends to revise its program to
improve operational efficiency.
This document provides the times
and locations that the Texas program
and proposed amendments to that
program are available for public
inspection, the comment period during
which you may submit written
comments on these amendments, and
the procedures that we will follow for
the public hearing, if one is requested.
DATES: We will accept written
comments on these amendments until 4
SUMMARY:
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p.m., c.d.t., September 15, 2011. If
requested, we will hold a public hearing
on the amendments on September 12,
2011. We will accept requests to speak
at a hearing until 4 p.m., c.d.t. on
August 31, 2011.
ADDRESSES: You may submit comments,
identified by SATS Nos. TX–061–FOR,
TX–062–FOR, or TX–063–FOR by any
of the following methods:
• E-mail: aclayborne@osmre.gov.
Include SATS Nos. TX–061–FOR, TX–
062–FOR, or TX–063–FOR in the
subject line of the message.
• Mail/Hand Delivery: Alfred L.
Clayborne, 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–2011–0007. If you would like
to submit comments, go to https://
www.regulations.gov and follow the
instructions.
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 regulations,
these amendments, 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 amendments by
contacting OSM’s Tulsa Field Office; or
you can view the full text of the
program amendments available for you
to read at https://www.regulations.gov.
Alfred L. Clayborne, 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, E-mail:
aclayborne@osmre.gov.
In addition, you may review a copy of
the amendments during regular business
hours at the following location:
Railroad Commission of Texas, 1701
North Congress Ave., Austin, Texas
78711–2967, Telephone: (512) 463–
6900.
FOR FURTHER INFORMATION CONTACT:
Alfred L. Clayborne, Director, Tulsa
Field Office. Telephone: (918) 581–
6430. E-mail: aclayborne@osmre.gov.
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Federal Register / Vol. 75, No. 158 / Tuesday, August 16, 2011 / Proposed Rules
SUPPLEMENTARY INFORMATION:
I. Background on the Texas Program
II. Description of the Proposed Amendments
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 nonIndian lands within its borders by
demonstrating that its program includes,
among other things, ‘‘a State law which
provides for the regulation of surface
coal mining and reclamation operations
in accordance with the requirements of
this Act * * *; and rules and
regulations consistent with regulations
issued by the Secretary pursuant to this
Act.’’ See 30 U.S.C. 1253(a)(1) and (7).
On the basis of these criteria, the
Secretary of the Interior conditionally
approved the Texas program effective
February 16, 1980. You can find
background information on the Texas
program, including the Secretary’s
findings, the disposition of comments,
and the conditions of approval 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
Amendments
1. By letter dated May 18, 2011,
(Administrative Record No. TX–667)
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 or at https://
www.regulations.gov.
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A. 16 Texas Administrative Code (TAC)
§ 12.100—Responsibilities
Texas proposes to add new language
allowing a permittee to not renew their
mining permit if the activities on the
site are solely for reclamation purposes.
B. 16 TAC § 12.225—Commission
Review of Outstanding Permits
Texas proposes to add new language
clarifying the requirement for midterm
permit reviews on permits that are not
renewed because the only activities are
solely for reclamation.
C. 16 TAC § 12.311—Terms and
Conditions for Liability Insurance
Texas proposes to add new language
clarifying the need to maintain liability
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insurance on a site if the permit is not
renewed because the only activities are
solely for reclamation.
2. By letter dated May 26, 2011,
(Administrative Record No. TX–668)
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 or at https://
www.regulations.gov.
E. Texas NRC § 134.105—Responsibility
for Revegetation: Long-Term Intensive
Agricultural Postmining Use
A. Texas Natural Resource Code (NRC)
§ 134.004—Definitions
A. Texas Natural Resource Code (NRC)
§ 134.004—Definitions
Texas proposes to add a new
definition for ‘‘Previously mined land.’’
Texas proposes to add a new
definition for ‘‘Director.’’
B. Texas NRC § 134.069—Effect of Past
or Present Violation
B. Texas NRC § 134.080—Approval or
Disapproval of Permit Revision
Texas proposes to add a new
paragraph in this section, explaining
that the Commission may not deny a
permit application based on previous
violations by the applicant that occurred
in connection with a surface coal
mining operation conducted on
previously mined land if the violation
resulted from an event or condition that
was not contemplated in the permit for
the surface coal mining operation.
Texas proposes to delete the word
‘‘DISAPPROVAL’’ from this section
heading and delete the paragraph that
gives the timeframes for the
Commission to approve or disapprove a
permit revision application.
C. Texas NRC § 134.092—
PERFORMANCE STANDARDS
Texas proposes to add new language
in this section establishing timeframes
regarding the assumption of
responsibility for successful
revegetation as required by Subdivision
(19). These are established five years
after the last year of augmented seeding,
fertilizing, irrigation, or other work in
order to assure compliance with that
subdivision, if the land is not previously
mined land; or two years after the last
year of augmented seeding, fertilizing,
irrigation, or other work in order to
assure compliance with that
subdivision, if the land is previously
mined land.
D. Texas NRC § 134.104—Responsibility
for Revegetation: Area of Low
Precipitation.
Texas proposes to add new language
in this section clarifying that where the
annual average precipitation is 26
inches or less, an operator’s assumption
of responsibility and liability extends
for 10 years after the last year of
augmented seeding, fertilizing,
irrigation, or other work, if the land is
not previously mined land; or five years
after the last year of augmented seeding,
fertilizing, irrigation, or other work, if
the land is previously mined land.
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Texas proposes to delete language in
this section pertaining to the applicable
period of responsibility for revegetation
beginning on the date of initial planting.
3. By letter dated June 3, 2011,
(Administrative Record No. TX–669)
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.
C. Texas NRC § 134.085—Review
Periods for New Permits, Renewals, and
Revisions
Texas proposes to add this section
clarifying review timeframes upon
receipt of an application for a new
permit, permit renewal, or significant
permit revision.
III. Public Comment Procedures
Under the provisions of 30 CFR
732.17(h), we are seeking your
comments on whether Texas’ proposed
amendments satisfy the applicable
program approval criteria of 30 CFR
732.15. If we approve the amendments,
they will become part of Texas’ 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 regulations 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)
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Federal Register / Vol. 75, No. 158 / Tuesday, August 16, 2011 / Proposed Rules
will be included in the docket for this
rulemaking and considered.
Other Laws and Executive Orders
Affecting Rulemaking
Public Availability of Comments
Before including your address, phone
number, e-mail 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.
When a State submits a program
amendment to OSM 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.
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Public Hearing
If you wish to speak at the public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT by
4 p.m., c.d.t. on August 31, 2011. 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 amendments, please request
a meeting by contacting the person
listed under FOR FURTHER INFORMATION
CONTACT. All such meetings are open to
the public; 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
This rule is exempted from review by
the Office of Management and Budget
(OMB) under Executive Order 12866.
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List of Subjects in 30 CFR Part 943
Intergovernmental relations, Surface
mining, Underground mining.
Dated: June 23, 2011.
Len Meier,
Acting Regional Director, Mid-Continent
Region.
[FR Doc. 2011–20548 Filed 8–15–11; 8:45 am]
BILLING CODE 4310–05–P
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0101]
RIN 1625–AA87
Security Zones; Cruise Ships, San
Pedro Bay, CA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
The Coast Guard proposes to
amend 33 CFR 165.1154, Security
Zones; Cruise Ships, San Pedro Bay,
California, by providing a common
description of all security zones created
by this section to encompass only
navigable waters within a 100-yard
radius around any cruise ship that is
located within the San Pedro Bay port
area landward of the sea buoys
bounding the Port of Los Angeles or Port
of Long Beach or at designated
anchorages within 3 nautical miles of
the Federal breakwater. This notice of
proposed rulemaking is necessary to
provide for the safety of the cruise ship,
vessels, and users of the waterway.
Entry into these security zones would be
prohibited unless specifically
SUMMARY:
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If
you have questions on this proposed
rule, call or e-mail Ensign Stephen M.
Sanders, Prevention, Coast Guard Sector
Los Angeles—Long Beach, Coast Guard;
telephone 310–521–3862, e-mail
Stephen.M.Sanders@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF HOMELAND
SECURITY
ACTION:
authorized by the Captain of the Port
(COTP) Los Angeles—Long Beach, or
his designated representative.
DATES: Comments and related material
must be received by the Coast Guard on
or before September 15, 2011.
ADDRESSES: You may submit comments
identified by docket number USCG–
2011–0101 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
Sfmt 4702
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2011–0101),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
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]]>Agencies
[Federal Register Volume 76, Number 158 (Tuesday, August 16, 2011)]
[Proposed Rules]
[Pages 50708-50710]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20548]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 943
[SATS Nos. TX-061-FOR; TX-062-FOR; TX-063-FOR; Docket ID: OSM-2011-
0007]
Texas Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are announcing receipt of three proposed amendments to the Texas
regulatory program under the Surface Mining Control and Reclamation Act
of 1977 (SMCRA or the Act).
Texas at its own initiative submitted three separate amendments to
its program: SATS Nos. TX-061-FOR, TX-062-FOR, and TX-063-FOR. Texas
proposes revisions in TX-061-FOR by adding language that no longer
requires an operation with only reclamation activities ongoing to renew
their mining permit, to clarify the requirement to maintain public
liability insurance for sites where the permit is not renewed because
the only activities ongoing are reclamation, and to clarify midterm
review times for sites where the permit is not renewed because the only
ongoing activities are reclamation. Texas proposes revisions in TX-062-
FOR by adding a new definition for ``Previously mined land,'' adding
new language on the effects of previous mining violations from
operations on previously mined lands in relation to permit application
denials, and adding new language explaining performance standards for
revegetation liability timeframes for coal mining and reclamation
operations. Texas proposes revisions in TX-063-FOR by adding a new
definition for ``Director;'' deleting old language, and adding new
language clarifying the review periods for new permits, renewals, and
significant revisions. Texas intends to revise its program to improve
operational efficiency.
This document provides the times and locations that the Texas
program and proposed amendments to that program are available for
public inspection, the comment period during which you may submit
written comments on these amendments, and the procedures that we will
follow for the public hearing, if one is requested.
DATES: We will accept written comments on these amendments until 4
p.m., c.d.t., September 15, 2011. If requested, we will hold a public
hearing on the amendments on September 12, 2011. We will accept
requests to speak at a hearing until 4 p.m., c.d.t. on August 31, 2011.
ADDRESSES: You may submit comments, identified by SATS Nos. TX-061-FOR,
TX-062-FOR, or TX-063-FOR by any of the following methods:
E-mail: aclayborne@osmre.gov. Include SATS Nos. TX-061-
FOR, TX-062-FOR, or TX-063-FOR in the subject line of the message.
Mail/Hand Delivery: Alfred L. Clayborne, 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-2011-0007. If you would like to submit comments,
go to https://www.regulations.gov and follow the instructions.
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
regulations, these amendments, 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 amendments by contacting OSM's Tulsa Field
Office; or you can view the full text of the program amendments
available for you to read at https://www.regulations.gov.
Alfred L. Clayborne, 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, E-mail: aclayborne@osmre.gov.
In addition, you may review a copy of the amendments during regular
business hours at the following location:
Railroad Commission of Texas, 1701 North Congress Ave., Austin, Texas
78711-2967, Telephone: (512) 463-6900.
FOR FURTHER INFORMATION CONTACT: Alfred L. Clayborne, Director, Tulsa
Field Office. Telephone: (918) 581-6430. E-mail: aclayborne@osmre.gov.
[[Page 50709]]
SUPPLEMENTARY INFORMATION:
I. Background on the Texas Program
II. Description of the Proposed Amendments
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, ``a State law which provides
for the regulation of surface coal mining and reclamation operations in
accordance with the requirements of this Act * * *; and rules and
regulations consistent with regulations issued by the Secretary
pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On the basis
of these criteria, the Secretary of the Interior conditionally approved
the Texas program effective February 16, 1980. You can find background
information on the Texas program, including the Secretary's findings,
the disposition of comments, and the conditions of approval 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 Amendments
1. By letter dated May 18, 2011, (Administrative Record No. TX-667)
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 or at
https://www.regulations.gov.
A. 16 Texas Administrative Code (TAC) Sec. 12.100--Responsibilities
Texas proposes to add new language allowing a permittee to not
renew their mining permit if the activities on the site are solely for
reclamation purposes.
B. 16 TAC Sec. 12.225--Commission Review of Outstanding Permits
Texas proposes to add new language clarifying the requirement for
midterm permit reviews on permits that are not renewed because the only
activities are solely for reclamation.
C. 16 TAC Sec. 12.311--Terms and Conditions for Liability Insurance
Texas proposes to add new language clarifying the need to maintain
liability insurance on a site if the permit is not renewed because the
only activities are solely for reclamation.
2. By letter dated May 26, 2011, (Administrative Record No. TX-668)
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 or at
https://www.regulations.gov.
A. Texas Natural Resource Code (NRC) Sec. 134.004--Definitions
Texas proposes to add a new definition for ``Previously mined
land.''
B. Texas NRC Sec. 134.069--Effect of Past or Present Violation
Texas proposes to add a new paragraph in this section, explaining
that the Commission may not deny a permit application based on previous
violations by the applicant that occurred in connection with a surface
coal mining operation conducted on previously mined land if the
violation resulted from an event or condition that was not contemplated
in the permit for the surface coal mining operation.
C. Texas NRC Sec. 134.092--PERFORMANCE STANDARDS
Texas proposes to add new language in this section establishing
timeframes regarding the assumption of responsibility for successful
revegetation as required by Subdivision (19). These are established
five years after the last year of augmented seeding, fertilizing,
irrigation, or other work in order to assure compliance with that
subdivision, if the land is not previously mined land; or two years
after the last year of augmented seeding, fertilizing, irrigation, or
other work in order to assure compliance with that subdivision, if the
land is previously mined land.
D. Texas NRC Sec. 134.104--Responsibility for Revegetation: Area of
Low Precipitation.
Texas proposes to add new language in this section clarifying that
where the annual average precipitation is 26 inches or less, an
operator's assumption of responsibility and liability extends for 10
years after the last year of augmented seeding, fertilizing,
irrigation, or other work, if the land is not previously mined land; or
five years after the last year of augmented seeding, fertilizing,
irrigation, or other work, if the land is previously mined land.
E. Texas NRC Sec. 134.105--Responsibility for Revegetation: Long-Term
Intensive Agricultural Postmining Use
Texas proposes to delete language in this section pertaining to the
applicable period of responsibility for revegetation beginning on the
date of initial planting.
3. By letter dated June 3, 2011, (Administrative Record No. TX-669)
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.
A. Texas Natural Resource Code (NRC) Sec. 134.004--Definitions
Texas proposes to add a new definition for ``Director.''
B. Texas NRC Sec. 134.080--Approval or Disapproval of Permit Revision
Texas proposes to delete the word ``DISAPPROVAL'' from this section
heading and delete the paragraph that gives the timeframes for the
Commission to approve or disapprove a permit revision application.
C. Texas NRC Sec. 134.085--Review Periods for New Permits, Renewals,
and Revisions
Texas proposes to add this section clarifying review timeframes
upon receipt of an application for a new permit, permit renewal, or
significant permit revision.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether Texas' proposed amendments satisfy the applicable
program approval criteria of 30 CFR 732.15. If we approve the
amendments, they will become part of Texas' 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
regulations 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)
[[Page 50710]]
will be included in the docket for this rulemaking and considered.
Public Availability of Comments
Before including your address, phone number, e-mail 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 p.m., c.d.t. on
August 31, 2011. 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 amendments, please request a meeting by contacting
the person listed under FOR FURTHER INFORMATION CONTACT. All such
meetings are open to the public; 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
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866.
Other Laws and Executive Orders Affecting Rulemaking
When a State submits a program amendment to OSM 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: June 23, 2011.
Len Meier,
Acting Regional Director, Mid-Continent Region.
[FR Doc. 2011-20548 Filed 8-15-11; 8:45 am]
BILLING CODE 4310-05-P
