Texas Regulatory Program, 50708-50710 [2011-20548]

Download as PDF 50708 Federal Register / Vol. 75, No. 158 / Tuesday, August 16, 2011 / Proposed Rules 4090; e-mail: albert.mercado@faa.gov. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (3) Reporting Requirements: For any reporting requirement in this AD, a federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120–0056. Public reporting for this collection of information is estimated to be approximately 5 minutes per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn: Information Collection Clearance Officer, AES–200. erowe on DSK5CLS3C1PROD with PROPOSALS-1 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: http:// www.socatanorthamerica.com. You may review copies of the referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the 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 VerDate Mar<15>2010 12:46 Aug 15, 2011 Jkt 223001 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: PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 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 http:// 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 http://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. E:\FR\FM\16AUP1.SGM 16AUP1 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 http:// www.regulations.gov. erowe on DSK5CLS3C1PROD with PROPOSALS-1 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 VerDate Mar<15>2010 12:46 Aug 15, 2011 Jkt 223001 50709 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 http:// 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. PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 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) E:\FR\FM\16AUP1.SGM 16AUP1 50710 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. erowe on DSK5CLS3C1PROD with PROPOSALS-1 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. VerDate Mar<15>2010 12:46 Aug 15, 2011 Jkt 223001 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: PO 00000 Frm 00008 Fmt 4702 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: http://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 http:// 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 http:// www.regulations.gov) or by fax, mail, or hand delivery, but please use only one of these means. If you submit a E:\FR\FM\16AUP1.SGM 16AUP1

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]


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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

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 http://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 http://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 
http://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 
http://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