Texas Regulatory Program, 25949-25952 [2012-10572]
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25949
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Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Proposed Rules
also known as titanium IV, 2,2[bis 2propenolato-methyl, butanolato, tris
(dioctyl) phosphato] (CAS 110438–25–
0), or LICA 12 (CAS 103850–22–2);
(ii) Titanium IV, [(2-propenolato-1)
methyl, n-propanolatomethyl]
butanolato-1,
tris(dioctyl)pyrophosphate, or KR3538;
or
(iii) Titanium IV, [(2-propenolato1)methyl, propanolatomethyl]
butanolato-1, tris(dioctyl) phosphate;
(15) PCDE
(Polycyanodifluoroaminoethylene
oxide);
(16) Certain bonding agents, as
follows:
(i) 1,1R,1S-trimesoyl-tris(2ethylaziridine) (HX–868, BITA) (CAS
7722–73–8); or
(ii) Polyfunctional aziridine amides
with isophthalic, trimesic, isocyanuric,
or trimethyladipic backbone also having
a 2-methyl or 2-ethyl aziridine group;
Note to paragraph (f)(16)(ii): Included
are 1) 1,1H-Isophthaloyl-bis(2methylaziridine) (HX–752) (CAS 7652–
64–4); 2) 2,4,6-tris(2-ethyl-1-aziridinyl)1,3,5-triazine (HX–874) (CAS 18924–91–
9); and 3) 1,1′-trimethyladipoylbis(2ethylaziridine) (HX–877) (CAS 71463–
62–2).
(17) Superfine iron oxide (Fe2O3,
hematite) with a specific surface area
more than 250 m2/g and an average
particle size of 0.003 micrometers or
less (CAS 1309–37–1);
(18) TEPAN (HX–879)
(tetraethylenepentaamineacrylonitrile)
(CAS 68412–45–3); cyanoethylated
polyamines and their salts;
(19) TEPANOL (HX–878) (tetraethy
lenepentaamineacrylonitrileglycidol)
(CAS 110445–33–5); cyanoethylated
polyamines adducted with glycidol and
their salts;
(20) TPB (triphenyl bismuth) (CAS
603–33–8); or
(21) Tris (ethoxyphenyl) bismuth
(TEPB) (CAS 90591–48–3).
(g) Precursors, as follows:
(1) BCMO (bischloromethyloxetane)
(CAS 142173–26–0);
(2) DADN (1,5-diacetyl-3,7-dinitro-1,
3, 5, 7-tetraazacyclooctane;
(3) Dinitroazetidine-t-butyl salt (CAS
125735–38–8);
(4) CL–20 precursors (any molecule
containing hexaazaisowurtzitane) (e.g.,
HBIW
(hexabenzylhexaazaisowurtzitane),
TAIW (tetraacetyldibenzylhexaazaisowurtzitane));
(5) TAT (1, 3, 5, 7-tetraacetyl-1, 3, 5,
7-tetraazacyclooctane) (CAS 41378–98–
7);
(6) Tetraazadecalin (CAS 5409–42–7);
(7) 1,3,5-trichlorobenzene (CAS 108–
70–3); or
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(8) 1,2,4-trihydroxybutane (1,2,4butanetriol) (CAS 3068–00–6).
(h) Any explosive, propellant,
pyrotechnic, fuel, oxidizer, binder,
additive, or precursor that:
(1) is classified;
(2) is manufactured using classified
production data; or
(3) is being developed using classified
information.
‘‘Classified’’ means classified
pursuant to Executive Order 13526, or
predecessor order, and a security
classification guide developed pursuant
thereto or equivalent, or to the
corresponding classification rules of
another government.
(i) Developmental explosives,
propellants, pyrotechnics, fuels,
oxidizers, binders, additives, or
precursors therefor developed under a
contract with the U.S. Government not
otherwise controlled under this
category.
(j) Technical data (as defined in
§ 120.10 of this subchapter) and defense
services (as defined in § 120.9 of this
subchapter) directly related to the
defense articles numerated in
paragraphs (a) through (i) of this
category (see also § 123.20 of this
subchapter).
(k) The following interpretations
explain and amplify the terms used in
this category and elsewhere in this
subchapter:
(1) Category V contains explosives,
energetic materials, propellants, and
pyrotechnics and specially formulated
fuels for aircraft, missile, and naval
applications. Explosives are solid,
liquid, or gaseous substances or
mixtures of substances, which, in their
primary, booster, or main charges in
warheads, demolition, or other military
applications, are required to detonate.
(2) The resulting product of the
combination or conversion of any
substance controlled by this category
into an item not controlled will no
longer be controlled by this category
provided the controlled item cannot
easily be recovered through dissolution,
melting, sieving, etc. As an example,
beryllium converted to a near net shape
using hot isostatic processes will result
in an uncontrolled part. A cured
thermoset containing beryllium powder
is not controlled unless meeting an
explosive or propellant control. The
mixture of beryllium powder in a cured
thermoset shape is not controlled by
this category. The mixture of controlled
beryllium powder mixed with a typical
propellant binder will remain controlled
by this category. The addition of dry
silica powder to dry beryllium powder
will remain controlled.
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(3) Paragraph (c)(4)(ii)(A) of this
category does not control boron and
boron carbide enriched with boron-10
(20% or more of total boron-10 content).
(4) Theoretical specific impulse (Isp)
is calculated using standard conditions
(1000 psi chamber pressure expanded to
14.7 psi) and measured in units of
pound-force-seconds per pound-mass
(lbf-s/lbm) or simplified to seconds (s).
Calculations will be based on shifting
equilibrium.
(5) Particle size is the mean particle
diameter on a weight basis. Best
industrial practices will be used in
determining particle size and the
controls may not be undermined by
addition of larger or smaller sized
material to shift the mean diameter.
Note 1: To assist the exporter, an item has
been categorized by the most common use.
Also, where appropriate, references have
been provided to the related controlled
precursors.
Note 2: Chemical Abstract Service (CAS)
registry numbers do not cover all the
substances and mixtures controlled by this
category. The numbers are provided as
examples to assist government agencies in
the license review process and exporters
when completing their license application
and export documentation.
*
*
*
*
*
Dated: April 24, 2012.
Rose E. Gottemoeller,
Acting Under Secretary, Arms Control and
International Security, Department of State.
[FR Doc. 2012–10455 Filed 5–1–12; 8:45 am]
BILLING CODE 4710–25–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 943
[SATS No. TX–060–FOR; Docket ID: OSM–
2012–0007]
Texas Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment
period and opportunity for public
hearing on proposed amendment.
AGENCY:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSM), 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: definitions;
review of permit applications; criteria
SUMMARY:
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for permit approval or denial;
commission review of outstanding
permits; challenge of ownership or
control and applicant/violator system
procedures; identification of interests
and compliance information; mining in
previously mined areas; conditions of
permits; revegetation standards;
cessation orders; alternative
enforcement; application approval and
notice; permit revisions; permit
renewals; transfer, assignment or sale of
permit rights; and requirements for new
permits for persons succeeding to rights
granted under a permit. Texas intends to
revise its program to be no less effective
than the Federal regulations and
improve operational efficiency.
This document gives the times and
locations that the Texas program and
this proposed amendment to that
program are available for your
inspection, the comment period during
which you may submit written
comments on the amendment, and 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
p.m., c.d.t., June 1, 2012. If requested,
we will hold a public hearing on the
amendment on May 29, 2012. We will
accept requests to speak at a hearing
until 4 p.m., c.d.t. on May 17, 2012.
ADDRESSES: You may submit comments,
identified by SATS No. TX–060–FOR,
by any of the following methods:
• 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: https://
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 OSM’s Tulsa Field Office or
going to www.regulations.gov.
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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, Email:
aclayborne@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,
Capitol Station, P.O. Box 12967, Austin,
Texas 78711–2967, Telephone: (512)
463–6900.
FOR FURTHER INFORMATION CONTACT:
Alfred L. Clayborne, Director, Tulsa
Field Office. Telephone: (918) 581–
6430. Email: aclayborne@osmre.gov.
SUPPLEMENTARY INFORMATION:
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
www.regulations.gov.
Texas proposes to revise its regulation
at 16 Texas Administrative Code (TAC)
at the following sections:
I. Background on the Texas Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
B. Section 12.100
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
Amendment
By email dated February 14, 2012
(Administrative Record No. TX–701),
Texas sent us an amendment to its
program under SMCRA (30 U.S.C. 1201
et seq.). Texas submitted the proposed
amendment in response to a September
30, 2009, letter (Administrative Record
No. TX–665) from OSM in accordance
with 30 CFR 732.17(c) and with
additional changes submitted on its own
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A. Section 12.3
Definitions
Texas proposes to modify this section
by revising, adding, or deleting language
for the definitions of Applicant/Violator
System; Control or controller; Knowing
or knowingly; Lands eligible for
remining; Own, owner, or ownership;
Owned or controlled and owns and
controls; Remining; Violation; Violation,
failure, or refusal; Violation notice; and
Willful or willfully.
Responsibilities
Texas proposes to remove the word
‘‘renewal’’ from the provision that
places the burden on the applicant to
establish that an application is in
compliance with all the Commission’s
requirements.
C. Section 12.116 Identification of
Interests and Compliance Information
(Surface Mining)
Texas proposes to delete language in
this section regarding identification of
interests and compliance information
and replace it with new language
regarding certifying and updating
existing permit information, permit
applicant and operator information,
permit history information, property
interest information, violation
information, and commission actions.
D. Section 12.155
Interests
Identification of
Texas proposes to delete this section
and incorporate the language into
§ 12.156 for efficiency.
E. Section 12.156 Identification of
Interest and Compliance Information
(Underground Mining)
Texas proposes to add language to
this section regarding identification of
interests; specifically, certifying and
updating permit application
information, permit applicant and
operator information, permit history
information, property interest
information, violation information, and
commission actions.
F. Section 12.206
Mined Areas
Mining in Previously
Texas proposes to add new language
regarding application requirements for
operations on lands eligible for
remining.
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G. Section 12.215 Review of Permit
Applications
Texas proposes to add language
requiring the entry and updating of data
into the Applicant Violator System.
Additionally, language is being added
regarding the review of permit history,
review of compliance history, and
making a permit eligibility
determination based on this
information.
H. Section 12.216 Criteria for Permit
Approval or Denial
Texas proposes to add language
stating that permits related to remining
must contain lands eligible for
remining, an identification of potential
environmental and safety problems, and
mitigation plans that address any
potential environmental or safety
problems.
I. Section 12.225 Commission Review
of Outstanding Permits
Texas proposes to add language
regarding written findings and
preliminary findings for improvidently
issued permits. Additionally, changes
are proposed regarding permit
suspension and rescission timeframes
and appeal rights.
J. Section 12.234 Challenge of
Ownership or Control, Information on
Ownership and Control, and Violations,
and Applicant/Violator System
Procedures
Texas proposes to renumber its
§ 12.234 as § 12.235 and add new
language to create a new § 12.234
regarding ownership and control
challenges—specifically—the
applicability, procedures, burden of
proof, written agency decisions, and
post-permit issuance information
requirements.
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K. Section 12.395 Revegetation:
Standards for Success (Surface Mining)
and § 12.560 Revegetation: Standards
for Success (Underground Mining)
Texas proposes to delete language in
this section regarding liability periods
and replace it with new language that
better matches the Federal regulations.
listed or identified as an owner or
controller of an operation, within 60
days of issuing a cessation order.
N. Section 12.221 Conditions of
Permits: Environment, Public Health,
and Safety; § 12.239 Application
Approval and Notice; § 12.226 Permit
Revisions; § 12.228 Permit Renewals:
Completed Applications; § 12.232
Transfer, Assignment or Sale of Permit
Rights: Obtaining Approval; and
§ 12.233 Requirements for New Permits
for Persons Succeeding to Rights
Granted Under a Permit
Texas proposes to make minor,
nonsubstantial reference changes in
these sections.
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 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)
will be included in the docket for this
rulemaking and considered.
L. Section 12.676 Alternative
Enforcement
Texas proposes to add new language
regarding alternative enforcement;
specifically for general provisions,
criminal penalties, and civil actions for
relief.
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.
M. Section 12.677 Cessation Orders
Texas proposes to add new language
requiring written notification to the
permittee, the operator, and anyone
Public Hearing
If you wish to speak at the public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT by 4
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25951
p.m., C.D.T. on May 17, 2012. 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
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
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rulemaking process and include them in
the final rule.
List of Subjects in 30 CFR Part 943
Intergovernmental relations, Surface
mining, Underground mining.
Dated: February 24, 2012.
Ervin J. Barchenger,
Regional Director, Mid-Continent Region.
[FR Doc. 2012–10572 Filed 5–1–12; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
33 CFR Part 334
Oregon Army National Guard, Camp
Rilea, Clatsop County, OR; Danger
Zone
AGENCY:
U.S. Army Corps of Engineers,
DoD.
Notice of proposed rulemaking
and request for comments.
ACTION:
The U.S. Army Corps of
Engineers is proposing to establish a
new danger zone in the waters adjacent
to Camp Rilea located in Clatsop
County, Oregon. The regulation would
prohibit any activity by the public
within the danger zone during use of
weapons training ranges. The new
danger zone is necessary to ensure
public safety and satisfy the Oregon
National Guard operations requirements
for small arms training.
DATES: Written comments must be
submitted by June 1, 2012.
ADDRESSES: You may submit comments,
identified by docket number COE–
2011–0036, by any of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Email: david.b.olson@usace.army.mil.
Include the docket number, COE–2011–
0036, in the subject line of the message.
Mail: U.S. Army Corps of Engineers,
Attn: CECW–CO (David B. Olson), 441
G Street NW., Washington, DC 20314–
1000.
Hand Delivery/Courier: Due to
security requirements, we cannot
receive comments by hand delivery or
courier.
Instructions: Direct your comments to
docket number COE–2011–0036. All
comments received will be included in
the public docket without change and
may be made available on-line at
https://www.regulations.gov, including
any personal information provided,
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unless the commenter indicates that the
comment includes information claimed
to be Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute. Do
not submit information that you
consider to be CBI, or otherwise
protected, through regulations.gov or
email. The regulations.gov web site is an
anonymous access system, which means
we will not know your identity or
contact information unless you provide
it in the body of your comment. If you
send an email directly to the Corps
without going through regulations.gov,
your email address will be
automatically captured and included as
part of the comment that is placed in the
public docket and made available on the
Internet. If you submit an electronic
comment, we recommend that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If we cannot read your
comment because of technical
difficulties and cannot contact you for
clarification, we may not be able to
consider your comment. Electronic
comments should avoid the use of any
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: For access to the docket to
read background documents or
comments received, go to
www.regulations.gov. All documents in
the docket are listed. Although listed in
the index, some information is not
publicly available, such as CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form.
Mr.
David Olson, Headquarters, Operations
and Regulatory Community of Practice,
Washington, DC at 202–761–4922 or Mr.
Steve Gagnon, U.S. Army Corps of
Engineers, Portland District, Regulatory
Branch, at 503–808–4379.
FOR FURTHER INFORMATION CONTACT:
In
response to a request from the Oregon
Army National Guard, and pursuant to
its authorities in Section 7 of the Rivers
and Harbors Act of 1917 (40 Stat. 266;
33 U.S.C. 1) and Chapter XIX of the
Army Appropriations Act of 1919 (40
Stat. 892; 33 U.S.C. 3), the Corps is
proposing to amend the regulations at
33 CFR part 334 to establish a new
danger zone. The proposed danger zone
will prohibit access to waters adjacent
to Camp Rilea during use of weapons
training ranges, thereby ensuring that no
SUPPLEMENTARY INFORMATION:
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threat is posed to passing water traffic
due to ricochet rounds.
Procedural Requirements
a. Review Under Executive Order
12866. The proposed rule is issued with
respect to a military function of the
Defense Department and the provisions
of Executive Order 12866 do not apply.
b. Review Under the Regulatory
Flexibility Act. This proposed rule has
been reviewed under the Regulatory
Flexibility Act (Pub. L. 96–354) which
requires the preparation of a regulatory
flexibility analysis for any regulation
that will have a significant economic
impact on a substantial number of small
entities (i.e., small businesses and small
governments). Unless information is
obtained to the contrary during the
public notice comment period, the
Corps expects that this danger zone
would have practically no economic
impact on the public, and minimal
anticipated navigational hazard or
interference with existing waterway
traffic. This proposed rule, if adopted,
will have no significant economic
impact on small entities.
c. Review under the National
Environmental Policy Act. Due to the
administrative nature of this action and
because the proposed site for the danger
zone is located in the Pacific Ocean and
vessels may navigate around the
prohibited area, the Corps expects that
this regulation, if adopted, will not have
a significant impact to the quality of the
human environment and, therefore,
preparation of an environmental impact
statement will not be required. An
environmental assessment will be
prepared after the public notice period
is closed and all comments have been
received and considered.
d. Unfunded Mandates Act. This
proposed rule does not impose an
enforceable duty among the private
sector and, therefore, it is not a Federal
private section mandate and it is not
subject to the requirements of either
section 202 or Section 205 of the
Unfunded Mandates Act. We have also
found under Section 203 of the Act, that
small governments will not be
significantly and uniquely affected by
this rulemaking.
List of Subjects in 33 CFR Part 334
Danger zones, Marine safety,
Navigation (water), Restricted areas,
Waterways.
For the reasons stated in the
preamble, the Corps proposes to amend
33 CFR part 334 as follows:
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]]>Agencies
[Federal Register Volume 77, Number 85 (Wednesday, May 2, 2012)]
[Proposed Rules]
[Pages 25949-25952]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10572]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 943
[SATS No. TX-060-FOR; Docket ID: OSM-2012-0007]
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.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), 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: definitions; review of permit applications;
criteria
[[Page 25950]]
for permit approval or denial; commission review of outstanding
permits; challenge of ownership or control and applicant/violator
system procedures; identification of interests and compliance
information; mining in previously mined areas; conditions of permits;
revegetation standards; cessation orders; alternative enforcement;
application approval and notice; permit revisions; permit renewals;
transfer, assignment or sale of permit rights; and requirements for new
permits for persons succeeding to rights granted under a permit. Texas
intends to revise its program to be no less effective than the Federal
regulations and improve operational efficiency.
This document gives the times and locations that the Texas program
and this proposed amendment to that program are available for your
inspection, the comment period during which you may submit written
comments on the amendment, and 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 p.m.,
c.d.t., June 1, 2012. If requested, we will hold a public hearing on
the amendment on May 29, 2012. We will accept requests to speak at a
hearing until 4 p.m., c.d.t. on May 17, 2012.
ADDRESSES: You may submit comments, identified by SATS No. TX-060-FOR,
by any of the following methods:
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: https://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 OSM's Tulsa Field Office or going
to 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, Email: aclayborne@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, Capitol Station, P.O. Box 12967,
Austin, Texas 78711-2967, Telephone: (512) 463-6900.
FOR FURTHER INFORMATION CONTACT: Alfred L. Clayborne, Director, Tulsa
Field Office. Telephone: (918) 581-6430. Email: aclayborne@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Texas Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
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 Amendment
By email dated February 14, 2012 (Administrative Record No. TX-
701), Texas sent us an amendment to its program under SMCRA (30 U.S.C.
1201 et seq.). Texas submitted the proposed amendment in response to a
September 30, 2009, letter (Administrative Record No. TX-665) from OSM
in accordance with 30 CFR 732.17(c) and with additional changes
submitted on 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
www.regulations.gov.
Texas proposes to revise its regulation at 16 Texas Administrative
Code (TAC) at the following sections:
A. Section 12.3 Definitions
Texas proposes to modify this section by revising, adding, or
deleting language for the definitions of Applicant/Violator System;
Control or controller; Knowing or knowingly; Lands eligible for
remining; Own, owner, or ownership; Owned or controlled and owns and
controls; Remining; Violation; Violation, failure, or refusal;
Violation notice; and Willful or willfully.
B. Section 12.100 Responsibilities
Texas proposes to remove the word ``renewal'' from the provision
that places the burden on the applicant to establish that an
application is in compliance with all the Commission's requirements.
C. Section 12.116 Identification of Interests and Compliance
Information (Surface Mining)
Texas proposes to delete language in this section regarding
identification of interests and compliance information and replace it
with new language regarding certifying and updating existing permit
information, permit applicant and operator information, permit history
information, property interest information, violation information, and
commission actions.
D. Section 12.155 Identification of Interests
Texas proposes to delete this section and incorporate the language
into Sec. 12.156 for efficiency.
E. Section 12.156 Identification of Interest and Compliance Information
(Underground Mining)
Texas proposes to add language to this section regarding
identification of interests; specifically, certifying and updating
permit application information, permit applicant and operator
information, permit history information, property interest information,
violation information, and commission actions.
F. Section 12.206 Mining in Previously Mined Areas
Texas proposes to add new language regarding application
requirements for operations on lands eligible for remining.
[[Page 25951]]
G. Section 12.215 Review of Permit Applications
Texas proposes to add language requiring the entry and updating of
data into the Applicant Violator System. Additionally, language is
being added regarding the review of permit history, review of
compliance history, and making a permit eligibility determination based
on this information.
H. Section 12.216 Criteria for Permit Approval or Denial
Texas proposes to add language stating that permits related to
remining must contain lands eligible for remining, an identification of
potential environmental and safety problems, and mitigation plans that
address any potential environmental or safety problems.
I. Section 12.225 Commission Review of Outstanding Permits
Texas proposes to add language regarding written findings and
preliminary findings for improvidently issued permits. Additionally,
changes are proposed regarding permit suspension and rescission
timeframes and appeal rights.
J. Section 12.234 Challenge of Ownership or Control, Information on
Ownership and Control, and Violations, and Applicant/Violator System
Procedures
Texas proposes to renumber its Sec. 12.234 as Sec. 12.235 and add
new language to create a new Sec. 12.234 regarding ownership and
control challenges--specifically--the applicability, procedures, burden
of proof, written agency decisions, and post-permit issuance
information requirements.
K. Section 12.395 Revegetation: Standards for Success (Surface Mining)
and Sec. 12.560 Revegetation: Standards for Success (Underground
Mining)
Texas proposes to delete language in this section regarding
liability periods and replace it with new language that better matches
the Federal regulations.
L. Section 12.676 Alternative Enforcement
Texas proposes to add new language regarding alternative
enforcement; specifically for general provisions, criminal penalties,
and civil actions for relief.
M. Section 12.677 Cessation Orders
Texas proposes to add new language requiring written notification
to the permittee, the operator, and anyone listed or identified as an
owner or controller of an operation, within 60 days of issuing a
cessation order.
N. Section 12.221 Conditions of Permits: Environment, Public Health,
and Safety; Sec. 12.239 Application Approval and Notice; Sec. 12.226
Permit Revisions; Sec. 12.228 Permit Renewals: Completed Applications;
Sec. 12.232 Transfer, Assignment or Sale of Permit Rights: Obtaining
Approval; and Sec. 12.233 Requirements for New Permits for Persons
Succeeding to Rights Granted Under a Permit
Texas proposes to make minor, nonsubstantial reference changes in
these sections.
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
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) will be included in the docket for this
rulemaking and considered.
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 p.m., C.D.T. on May
17, 2012. 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
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
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rulemaking process and include them in the final rule.
List of Subjects in 30 CFR Part 943
Intergovernmental relations, Surface mining, Underground mining.
Dated: February 24, 2012.
Ervin J. Barchenger,
Regional Director, Mid-Continent Region.
[FR Doc. 2012-10572 Filed 5-1-12; 8:45 am]
BILLING CODE 4310-05-P
